Dáil debates

Wednesday, 4 December 2013

12:30 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It is proposed to take No. 19, Finance (No. 2) Bill 2013 - Report and Final Stages (resumed). It is proposed, notwithstanding anything in Standing Orders, that in the event a division is in progress at the time fixed for taking Private Members' business, which shall be No. 128, motion re electricity infrastructure (resumed), the Dáil shall sit later than 9 p.m. and Private Members’ business shall, if not previously concluded, be brought to a conclusion after 90 minutes. Tomorrow’s business after Oral Questions shall be Finance (No. 2) Bill 2013 - Report and Final Stages (resumed, if not previously concluded), and Social Welfare and Pensions (No. 2) Bill 2013 [Seanad] - Second Stage.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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There is one proposal to be put to the House. Is the proposal for dealing with Private Members' business agreed to? Agreed.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I am seeking the Tánaiste’s guidance on a correction to the record of the House, or at least for him to provide much-needed clarification of a matter. On 20 November 2013, in a response to a question I posed on Leaders' Questions on the Government’s cull of discretionary medical cards, the Taoiseach stated:

The Deputy makes the charge that there has been a change of policy, but let me assure him that since the start of the year some 100,000 new medical cards have been granted, of which 20,000 are discretionary medical cards.
My colleague Deputy Kelleher tabled a parliamentary question to the Minister for Health and received a written reply yesterday, 3 December. His question, Parliamentary Question No. 439, stated:
To ask the Minister for Health the number of new discretionary medical cards that have issued to date in 2013; the number of new discretionary GP cards that have issued to date in 2013; and if he will make a statement on the matter.
The reply was very short:
The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.
It seems to have been readily available to the Taoiseach on 20 November. This is also despite the fact that an earlier reply that Deputy Kelleher received from the Minister of State, Deputy White, made it clear in tabular form that there had been a reduction of 10,000 in the number of discretionary medical cards issued to date in 2013.

Someone is not telling the full facts or the truth. While it may not be intentional, I want the record of the House corrected. The Taoiseach cannot come in here and say these things if there is no evidence base to them or if other Deputies cannot secure the evidence base underpinning the Taoiseach’s statement.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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There is a mechanism for appealing if a Member believes incorrect information was given.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Yes, but I will relate this to the programme for Government.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I was wondering where we were going.

Photo of Kevin HumphreysKevin Humphreys (Dublin South East, Labour)
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He is trying to cover everything.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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It is a serious issue. Every Member has been besieged by members of the public who have had their medical cards taken from them inexplicably. It has affected everyone from young children with multiple disabilities to people with motor neuron disease. The cases that have come before Deputies and Senators are quite extraordinary.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I call the Tánaiste to reply.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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All we get is official denial.

The annual health service plan has been with the Minister for some time. I understand the director of the HSE sent a seven-page letter to the Minister which addressed the Government’s policy on medical cards and the figures put in on budget day, which seem to be made up. When will we see the publication of the health service plan?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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As if Deputy Martin did not make up figures when he was health Minister.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Will the Tánaiste agree to a full debate on the health service plan?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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As the Leas-Cheann Comhairle stated, there is a procedure for raising issues when a Deputy is unhappy about what has been put on the record of the House. I urge Deputy Martin to use that procedure.

I cannot have a photographic memory of everything said on 20 November and every figure given. I encourage the Deputy to go down that road.

12:40 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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If I am not mistaken, the Tánaiste gave the same figure.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The health service plan was submitted to the Minister for Health on 25 November. As I am working from memory, I hope the Deputy will not get back to me in a few days if it turns out to be 26 November.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I will ask Martin Wall in The Irish Times.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The plan was submitted on 25 November and the Minister for Health has 21 days in which to consider it. My understanding is that the period of 21 days will expire on 16 December and between now and then I expect the Minister to bring the plan to the Government with his recommendations for what he intends to do with it. Thereafter the plan will be published and I expect that there will be some arrangement to discuss it, either in the House or one of its committees.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On a point of order, did the Tánaiste say it would be debated in the House?

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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No, he did not.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I ask the Tánaiste to agree to a debate in plenary session.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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That is something we can consider. The plan must first be considered by the Minister and then by the Government. As it must then be published, let us cross that fence when we come to it.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Tánaiste can cross it now.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I cannot because we do not have the------

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Tánaiste can commit to having a debate.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The new man is putting the Deputy under pressure.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I note that the leader of Fianna Fáil, in his usual combative way, has now used up almost seven minutes of the time available for the Order of Business.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I was never as combative as the Deputy.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I also wanted to raise the issue of the health service plan. I thank the Tánaiste for his answer. There is a need for a full debate in the Chamber on the plan. It is important because of the various issues that arise and the austerity cuts contained in it.

My question for now is about a commitment in the programme for Government to develop sectoral job strategies, including a plan to create 20,000 additional manufacturing jobs. I am sure the Tánaiste knows that in the past four weeks 870 job losses have been announced in the pharmaceutical sector. This is a heavy blow for workers and their families and a further 150 job losses have been announced today in Newbridge. If my memory serves me correctly, the programme for Government states job retention is a crucial part of a job creation strategy. In the wake of these disappointing job losses, does the Government intend to review the jobs strategy committed to in the programme for Government?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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There may well be grounds for reviewing the Government's jobs strategy. We are ahead of the job creation target we set in the Action Plan for Jobs - 100,000 jobs. We are now two thirds of the way through the period of that plan which is to last until the end of 2015 and are ahead of our targets. Obviously, I am concerned about the announcement made this morning in Newbridge and my thoughts are with the employees affected by it. Changes are taking place in the pharmaceutical sector. The Minister for Jobs, Enterprise and Innovation and IDA Ireland are working with the industry and companies in the protection of employment, but they are also looking at where there are opportunities to create new employment.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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The new inland fisheries legislation contains a compulsory angler registration charge for every single angler in Ireland. I suppose we could describe it as the rod licence mark II. I would have thought the Government was making enough mistakes, without following on the mistakes made in the past. The Trout Anglers Federation of Ireland does excellent work and its members are up in arms about the proposals made in this legislation. This is a very important issue and we are trying to keep anglers going, not put them out of business.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The inland fisheries (modernisation and consolidation) Bill will modernise and consolidate existing provisions of legislation governing the inland fisheries sector. A working group, comprising the Department and Inland Fisheries Ireland, is developing the heads of that Bill which is expected next year.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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Therefore, it is the rod licence mark II. World War III will erupt if the rod licence mark II gets the go ahead.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Deputy should not rush to judgment; one would never know what one might catch.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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He is coming at anglers from all angles.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Angling requires a degree of patience.

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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A report published yesterday in the United Kingdom shows that approximately €46 billion is being gambled every year in that country. We probably have the same percentage gambled in Ireland. When will the gambling control Bill be published?

I am trying to find a Bill to deal with my next question and perhaps we might work on No.45 on the list, a criminal justice Bill to give effect to a number of EU framework decisions. In the light of what is happening in Ukraine, the bullying tactics adopted by Vladimir Putin towards the Ukrainian Government and the protests taking place in that country, what is the Tánaiste's position on these issues? What is the European Union's position on showing support for the Ukrainian people?

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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This is not Question Time.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The gambling control Bill is due late next year.

I am appearing before the Joint Committee on Foreign Affairs and Trade this afternoon and if the Deputy cares to turn up and ask me the questions about the Ukraine, I will be happy to answer them.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The betting (amendment) Bill was first published in July 2012. It was republished this summer. Clearly, there is a significant delay in bringing it forward. The Bill deals with applying taxes to online betting, an issue which is obviously posing logistical difficulties, but it is preventing the State from recouping significant moneys. When will the Bill be brought forward?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Bill was published on 19 July. As it is awaiting Second Stage, it just a matter of arranging time to debate it in the House.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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When is it likely that the legislation to implement the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance will be published? There has been increased difficulty in achieving maintenance payments for people dispersed across the European Union. The Bill is No.110 on the C list and should be introduced as a matter of urgency. Have the heads been discussed and approved by the Cabinet?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Bill is due next year, but the heads have not yet been considered by the Government.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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The legislative programme contains a number of important health Bills, not least the health information Bill. Is it intended in that Bill or any other health Bill that is pending to introduce a statutory duty of candour? I raise this question in the context of recent court decisions, where we have seen the HSE resist up to the steps of the court acceptance of responsibility for the injury of individual; in some instances people have suffered for several years while the State continues to refuse to accept responsibility. This issue could be dealt with by introducing a duty of candour in the legislation. Does the Government propose to do this?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Minister is to bring forward a revised scheme for the health information Bill in view of policy developments. It is not possible to indicate when the Bill will be published, nor am I in a position to indicate its contents.

Photo of Joe O'ReillyJoe O'Reilly (Cavan-Monaghan, Fine Gael)
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When is it proposed to introduce the geothermal energy development Bill?

Geothermal energy, which a 1974 report says is readily available in this country, is a clean and sustainable energy source. The legislation would allow for licensing, regulation and exploration and would get the necessary exploration going. It is a vital development.

12:50 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The geothermal energy development Bill, which is to provide a legislative framework for the vesting, licensing and regulation of the development of geothermal energy, is expected late next year. My information is that Bill will come after the minerals development Bill. There is a sequence.

Photo of Peter FitzpatrickPeter Fitzpatrick (Louth, Fine Gael)
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When does the Tánaiste expect the publication of the road traffic (No. 3) Bill, which is to provide for the North-South mutual recognition of penalty points, and other amendments to road traffic legislation?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The heads are being developed in consultation with key stakeholders and the Bill is expected next year.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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The Leas-Cheann Comhairle might not be wanted in some parts but we would be happy to have him in my constituency come the next general election.

There is nothing worse than having a child in hospital for Christmas, particularly if it may be his or her last Christmas. Some 12 months ago I, with the support of both the Jack and Jill Children's Foundation and LauraLynn House, put a proposal to the Department of Health that would save money but, more importantly, that would allow children to leave hospital for Christmas by establishing a national fund for sick children. In that context, and in the context of promised legislation, the national paediatric hospital development board (amendment) Bill, is there any chance we can have real action on this, ensure these children get home for Christmas and release beds for children who are waiting to get into our paediatric hospitals?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The national paediatric hospital development Bill is being progressed. I do not have a date for its publication but work is being done on it.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Is it possible that there could be a social welfare (amendment) Bill before the House breaks up? The Tánaiste will be delighted to learn that Deputies Nulty, Halligan, Pringle and I, along with the Irish Congress of Trade Unions, ICTU, Focus Ireland, Irish National Organisation of the Unemployed, INOU, Age Action and One Parent Exchange Network, OPEN, formally launched a campaign for the restoration of the social welfare Christmas bonus. On the long night of the promissory notes the Tánaiste said there would be a social or solidarity dividend for people. With recent Exchequer returns and our earlier discussions, we have the opportunity to restore the Christmas bonus for hard-pressed families, which was removed by the previous Government. At the weekend the Tánaiste spoke of bills coming into houses like confetti, some of which the Tánaiste has, unfortunately, imposed on people himself. Is there not an opportunity to come forward with a social protection (amendment) Bill or to amend the Finance (No. 2) Bill which we are discussing today and restore a social solidarity payment to the most vulnerable citizens this Christmas time?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I am glad the Deputy acknowledges that we are at last reaching a position where we might consider a social dividend after all people have been through. We have no social welfare Bill scheduled for the remainder of this year.

Photo of Shane RossShane Ross (Dublin South, Independent)
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The Tánaiste will be well aware that the Central Remedial Clinic, CRC, has been raiding the piggy banks of sick children. In view of the revelations about the CRC and other charities, and the bedlam surrounding the charities industry because of the abuses, lack of corporate governance and other faults which are becoming apparent by the day, would the Tánaiste go a little further than just saying the Government will withhold grants? That could hit innocent people. Will he give the House a pledge that the Charities Act 2009 will be fully implemented in 2014? I am specifically requiring that he establish a charities regulator. There would be enough work to keep such a regulator going for two or three years just for a start. Is there any reason why that charities regulator should not, under that Act, be appointed before Christmas?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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This issue on the commencement of the Charities Act was raised yesterday and I undertook that I would arrange to get responses sent to the Deputies who raised it. I will ask that Deputy Ross be included in that circulation.

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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The 2013 budget gave a commitment to publish legislation to deal with the ongoing anomaly of Independent Deputies receiving upwards of €45,000 and €48,000 tax-free in the form of a leader's allowance. When can we expect to see the legislation to deal with that issue of people getting these tax-free lump sums into their hands? I have raised another issue here in recent weeks that is particularly relevant in today's context. I requested that time be given in the House for a debate on the disappeared. This issue has long taxed a number of Members of this House. People have raised it on a number of occasions. Particularly in light of a recent television documentary on this, a debate in this House is long overdue and may provide some Members with an opportunity to bring forward information that may be relevant.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The legislation on the leader's allowances paid to Independent Members is in the Seanad and will be in this House early in the new year. A Dáil debate on the disappeared has been discussed at Whips' meetings but legislative business has been prioritised. I will ask the Chief Whip to address it again.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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I welcome the Tánaiste's commitments to a debate on the Smithwick tribunal. Apropos of that whole situation, and tribunals and investigations under the Criminal Justice (Terrorist Offences) (Amendment) Bill, the Omagh bomb families have been promised meetings with the Minister for Justice, Equality and Defence and the Taoiseach. Has the Minister or the Taoiseach met them as promised? There are serious issues around that area and independent inquiries.

I also raise the forthcoming EirGrid legislation. In view of yesterday's astounding revelations and appearance before a committee of Mr. John O'Connor, the chairman designate, will the Tánaiste give a commitment to me, to this House and to the public that the EirGrid legislation will deal with the cavalier attitude EirGrid officials have adopted of plundering the countryside, sending out false spin and PR, giving different answers to everybody and failing to engage with the people? Will the Government rein in EirGrid representatives? They need to be reined in. They think it is the wild west out there, and they are getting away with it.

We need this legislation brought forward immediately. We need details and submissions because they see how people got away with blackguarding in banking and all our crises in this country where regulations were not brought forward. They are carrying on in the same vein. They are self-appointed people, carried away with themselves and running amok through the countryside. If the Tánaiste cannot see that, maybe the Government should have a reshuffle sooner rather than later.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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We will take the Deputy's leader's allowance.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Deputy Mattie McGrath is under pressure. He has been passed over.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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No pressure.

A Deputy:

The Deputy must be next in line to rejoin.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The question is who is next in line to defect from the Government side.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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They will not be taken.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Let us keep to the topic.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The terrorist offences Bill will be early next year. Recently I met briefly with Mr. Michael Gallagher from the Omagh families. I hope to have a longer meeting with him. The EirGrid Bill will be published next year.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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On the very serious reports in this morning's newspapers about overcrowding in the Dóchas women's prison, when will the Fines (Amendment) Bill 2012 come to Committee Stage?

This Bill is vital in providing alternatives to prison for people who have not paid fines.

With regard to the report and recommendations of the Oireachtas Joint Committee on Justice, Defence and Equality on penal reform, one of the key recommendations was that prison sentences for non-violent offences should be avoided. If the five recommendations of the report were implemented, we would not be hearing reports about overcrowding in either women's or men's prisons. What is the Government's response on this issue and on the report?

1:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Fines (Payment and Recovery) Bill is awaiting Committee Stage.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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When will it come before the committee?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I do not have a date, but it is expected to come before the committee quite soon. In regard to the report on Dóchas, I understand it is intended to deal with the overcrowding issue and we are, therefore, anxious to see the legislation passed. In regard to the committee report-----

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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The committee produced an excellent all-party report and recommendations. There are five key recommendations on penal reform. What is the Government's response to the report and does it intend to implement the recommendations?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The recommendations are being considered by the Minister for Justice and Equality and I am sure that when he is in a position to bring proposals to the Government he will do so.

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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May I begin by congratulating the Tánaiste on a very successful conference in Kerry at the weekend? I thank him and the Labour Party for generating economic activity in my constituency.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The Deputy would have been very welcome, but the transfer market is getting crowded.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Has the Deputy a question on legislation?

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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The Tánaiste is welcome to make the conference an annual event. My own party might consider coming back to Killarney also.

My query relates to the criminal law (sexual offences) Bill. I call for the Bill to make provision for post-release electronic tagging of sex offenders. The Government should also consider such a measure for other serious criminals, such as organised criminals and those involved in subversive activity. When will this legislation be introduced?

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The proposals for the criminal law (sexual offences) Bill will be brought to the Government shortly. The Bill is expected to be published next year.