Enda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 15, Supplementary Estimates for Public Services [Votes 35 and 36], back from committee; No. 16, motion re membership of committee; No. 31, Water Services Bill 2014 - Committee and Remaining Stages, to adjourn after one hour if not previously concluded. It is proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later and business shall adjourn on the adjournment of No. 31; and (2) Nos. 15 and 16 shall be decided without debate and, in the case of No. 15, Votes 35 and 36 shall be moved together and decided by one question which shall be put from the Chair, and any division demanded thereon shall be taken forthwith. Private Members’ Business shall be No. 175, motion re Palestine.

Tomorrow's business after oral questions shall be No. 32, statements on homelessness. It is proposed, notwithstanding anything in Standing Orders, that the following arrangements shall apply in relation to No. 32: the statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed ten minutes in each case, and such members may share their time; the statement of each other Member called upon shall not exceed ten minutes in each case, and such members may share their time; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are three proposals to be put to the House. Is the proposal for dealing with the late sitting agreed to?

Micheál Martin (Cork South Central, Fianna Fail)
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My party is not agreeing to the late sitting. It is appalling and farcical what is going on. I genuinely say that. There is no need for this. We are debating the order of today's business at 7.50 p.m.

Noel Grealish (Galway West, Independent)
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It is a joke.

Micheál Martin (Cork South Central, Fianna Fail)
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It is farcical.

Bernard Durkan (Kildare North, Fine Gael)
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The night is young yet.

Micheál Martin (Cork South Central, Fianna Fail)
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It would not happen in any organisation.

Enda Kenny (Mayo, Fine Gael)
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The motion of confidence-----

Micheál Martin (Cork South Central, Fianna Fail)
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That is not the reason.

Enda Kenny (Mayo, Fine Gael)
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It is the reason.

Micheál Martin (Cork South Central, Fianna Fail)
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It is not the reason. We could have had the motion of confidence and the Private Members' motion, and that would be that. There is no need for this.

Enda Kenny (Mayo, Fine Gael)
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We just had it.

Micheál Martin (Cork South Central, Fianna Fail)
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It is just an awful ramshackle, ham-fisted-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, please.

Micheál Martin (Cork South Central, Fianna Fail)
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It is a ham-fisted, ridiculous and farcical way of ordering the business of this House. I would ask the Taoiseach to postpone No. 31, for example, which is to be debated for just one hour before adjourning, which could potentially bring us through to 1.30 a.m. or 1.45 a.m.

Emmet Stagg (Kildare North, Labour)
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2 o'clock.

Micheál Martin (Cork South Central, Fianna Fail)
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2 o'clock? Have we lost our marbles in this House completely?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank Deputy Martin.

Micheál Martin (Cork South Central, Fianna Fail)
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Has the Taoiseach not learned anything from the last occasion when we-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Martin has made the point.

Micheál Martin (Cork South Central, Fianna Fail)
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One second, a Cheann Comhairle; this is important - when we went beyond midnight-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I know it is important but it is also important-----

Micheál Martin (Cork South Central, Fianna Fail)
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-----and how that disgraced the House and the public perception of the House? The Taoiseach is now going to say, as people prepare to march, that we will bury the water issue to the middle of the night. We are talking about trying to attract people, particularly women, into politics, and there are lifestyle issues. There is no basis whatsoever for meeting at 11 o'clock tonight.

Noel Grealish (Galway West, Independent)
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Hear, hear.

Mattie McGrath (Tipperary South, Independent)
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Hear, hear.

Micheál Martin (Cork South Central, Fianna Fail)
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All Deputies, when we meet in corridors, will ask each other-----

Noel Grealish (Galway West, Independent)
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This is madness.

Micheál Martin (Cork South Central, Fianna Fail)
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-----what we are doing here.

Mattie McGrath (Tipperary South, Independent)
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Madness.

Micheál Martin (Cork South Central, Fianna Fail)
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Who will be listening at midnight-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Martin has had his say.

Micheál Martin (Cork South Central, Fianna Fail)
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-----or 1 a.m. to us debating issues like this? It is unacceptable.

Noel Grealish (Galway West, Independent)
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They should put it on to Friday.

Micheál Martin (Cork South Central, Fianna Fail)
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Am I in a position to table an amendment?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Unfortunately, Deputy Martin cannot. He can vote against.

Micheál Martin (Cork South Central, Fianna Fail)
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I ask the Taoiseach-----

Noel Grealish (Galway West, Independent)
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Would they go to 3 o'clock on Friday?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please.

Micheál Martin (Cork South Central, Fianna Fail)
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Instead of keeping on saying no, I am asking the Taoiseach sincerely. This is ridiculous. The debate on Committee Stage will adjourn, which means it can be continued again. We are talking about an hour for the Water Services Bill. I ask the Taoiseach not to take that this evening-----

Noel Grealish (Galway West, Independent)
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Put it on to Friday.

Micheál Martin (Cork South Central, Fianna Fail)
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-----and we could do it on another occasion.

Mattie McGrath (Tipperary South, Independent)
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Dé hAoine.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank Deputy Martin. He has made his point.

Noel Grealish (Galway West, Independent)
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Put it on to 2 o'clock on Friday.

Joe Higgins (Dublin West, Socialist Party)
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Questions to the Minister for Arts, Heritage and the Gaeltacht have to be taken tonight. In fairness to all those who are responsible, Topical Issue Matters and Private Members' business have to be taken.

Micheál Martin (Cork South Central, Fianna Fail)
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We have no problem with that.

Joe Higgins (Dublin West, Socialist Party)
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However, allocating one hour for the Committee Stage of the Water Services Bill-----

Noel Grealish (Galway West, Independent)
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Crazy.

Joe Higgins (Dublin West, Socialist Party)
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-----at midnight and going on until possibly 1 o'clock or after is completely unnecessary.

Noel Grealish (Galway West, Independent)
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Madness.

Joe Higgins (Dublin West, Socialist Party)
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There is provision for a Friday sitting to finish the Water Services Bill. I say to the Taoiseach to put that hour to Thursday and Friday. Otherwise, he will have Deputies going home to their families at 2 a.m. or 2.30 a.m.

Joe McHugh (Donegal North East, Fine Gael)
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They are lucky if they can go home to their families.

Joe Higgins (Dublin West, Socialist Party)
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Some of the same Members must be back in here at 9.30 a.m. for committees and for questions. We are talking about making the Dáil more family-friendly, etc. That is a simple issue to resolve.

Enda Kenny (Mayo, Fine Gael)
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As the Minister of State, Deputy McHugh, commented, it is lucky for some if they can go home to their families.

Joe McHugh (Donegal North East, Fine Gael)
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Every night.

Enda Kenny (Mayo, Fine Gael)
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This is the first time I have heard of an Opposition not wanting a debate on an issue that has-----

Mattie McGrath (Tipperary South, Independent)
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That has nothing to do with it.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please.

Enda Kenny (Mayo, Fine Gael)
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-----been so controversial for the past number of years. Deputy Martin did not state that his party would give us a guarantee now that this will finish Committee and Report Stages on Thursday without a guillotine. I will not guillotine this Bill and the Minister for the Environment, Community and Local Government, Deputy Kelly, is adamant that there be one hour's debate on it this evening. The Government Deputies have no problem in staying here tomorrow, Thursday or Friday. None

Joe Higgins (Dublin West, Socialist Party)
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That is his legacy.

Noel Grealish (Galway West, Independent)
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Why not put that hour onto Friday?

Mattie McGrath (Tipperary South, Independent)
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The Minister's legacy.

Enda Kenny (Mayo, Fine Gael)
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It is most unusual that the Opposition Members seem to find the heat in the kitchen a little too much here. They want to go home and have a rest.

Mattie McGrath (Tipperary South, Independent)
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Nonsense.

Enda Kenny (Mayo, Fine Gael)
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If they are here to work and legislate, then that is the business that we are in.

Joe Higgins (Dublin West, Socialist Party)
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The Taoiseach is in charge.

Enda Kenny (Mayo, Fine Gael)
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Yes. We are telling Deputy Higgins that, after the motion on Palestine, we will have one hour's debate on Committee Stage.

Noel Grealish (Galway West, Independent)
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Why can we not have it on Friday?

Joe Higgins (Dublin West, Socialist Party)
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It is Report Stage. It can be completed on Thursday and Friday.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I thank the Deputies.

Joe Higgins (Dublin West, Socialist Party)
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A Cheann Comhairle-----

Micheál Martin (Cork South Central, Fianna Fail)
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I am sorry, a Cheann Comhairle, this is clear-cut.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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No. I am putting the question.

Enda Kenny (Mayo, Fine Gael)
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I am quite sure if I said to Deputies Martin and Higgins that we will suspend this hour, they would be crowing about something else.

Micheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Martin should resume his seat. I am putting the question: "That the proposal for dealing with the late sitting be agreed to." Is that agreed?

Micheál Martin (Cork South Central, Fianna Fail)
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Hold on a second, a Cheann Comhairle. The Taoiseach's response has been ignorant, arrogant, dismissive and despicable.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is also despicable that Deputy Martin ignores the Chair and he should resume his seat.

Micheál Martin (Cork South Central, Fianna Fail)
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With the greatest respect, a Cheann Comhairle, there should be respect shown to this House. What the Taoiseach just did is an absolute disgrace.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Martin also must respect the Chair. He had his say. Would he please resume his seat?

Micheál Martin (Cork South Central, Fianna Fail)
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There is no question of anybody not wanting to debate something here-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Would Deputy Martin please resume his seat?

Micheál Martin (Cork South Central, Fianna Fail)
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-----but there is an issue about the order of this House, and going past midnight is an absolute joke.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Would Deputy Martin resume his seat and show some respect to the Chair?

Micheál Martin (Cork South Central, Fianna Fail)
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I am showing it correctly. With the greatest of respect, I have never initiated the kind of behaviour that others have in this House, but this is going a step too far.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please. Deputy Martin had his say and I put the question.

Micheál Martin (Cork South Central, Fianna Fail)
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To get that glib, arrogant, ignorant response from the Taoiseach is unacceptable.

Mattie McGrath (Tipperary South, Independent)
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On a point of order-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The question has been put. There is no point of order.

Mattie McGrath (Tipperary South, Independent)
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On a point of order-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Mattie McGrath should resume his seat. We are in the middle of putting the question.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with Nos. 15 and 16 agreed to?

Micheál Martin (Cork South Central, Fianna Fail)
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On No. 15, if I could get clarification, what Departments are involved there?

Enda Kenny (Mayo, Fine Gael)
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Defence.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is that proposal agreed? Agreed. Is the proposal for dealing with No. 32, statements on homelessness, tomorrow, agreed to? Agreed. I call Deputy Martin on the Order of Business.

Micheál Martin (Cork South Central, Fianna Fail)
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A speech made in the House last Wednesday on a serious issue and material that was disseminated, individually, to members of the Committee of Public Accounts. I wish to invoke Standing Order 59. In essence, as a House we need clarification on this because names were mentioned in the House and those who were mentioned have categorically denied any assertions or allegations that were contained in that material. It was wrong and out of order for Deputy Mary Lou McDonald to name names in the context in which she did. In particular, the individuals concerned need to know how they can get redress or, in essence, get their names cleared on the record and their reputations cleared as well.

I ask the Taoiseach as well the status of the documentation and material that the authorised officer has disclosed to 13 members of the Committee of Public Accounts in terms of the Department of Jobs, Enterprise and Innovation. My understanding is that the parliamentary legal adviser to the Oireachtas is concerned that names could not be mentioned and that the Committee of Public Accounts did not have jurisdiction over the issue and could not inquire into it, and yet it seems that some sort of shadow inquiry is under way. The Revenue Commissioners were before that committee last week and there may be more discussions around it. We are either holding an inquiry or we are not. There is an issue around the legal advice pertaining to the Protected Disclosures Act 2014. These are important issues for all of us in the Oireachtas, but particularly for those who were named because they have had no chance to have their names cleared and no mechanism has been provided to them to enable them to have the allegations and assertions withdrawn.

There is comprehensive and extensive documentation on this issue within the Department of Jobs, Enterprise and Innovation.

Comprehensive material going back a number of years is available and the members of the Committee of Public Accounts have not had access to it. All of the material was sent to the Garda fraud squad, the Office of the Director of Corporate Enforcement, the Revenue Commissioners, the Mahon tribunal and the Moriarty tribunal. All of those had extensive powers to investigate the issues raised. Their powers were even far more extensive than those of the authorised officer as section 19 investigations are by definition preliminary. This is a legal matter. It has been laid down in law, and in the courts, that due to the very preliminary nature of a section 19 investigation, the material must be sent on to prosecuting authorities and bodies that can investigate. That has happened, but it seems to me that pending any deliberations by the committee or this House, it was wrong to name the names in that manner. Under Standing Order 59, I ask that either you, a Cheann Comhairle, would make a decision on the matter or that it would be referred to the Committee on Procedure and Privileges, in terms of the decision by Deputy Mary Lou McDonald to put the names on the record of the House, notwithstanding the categoric denials by the people concerned that they never had such accounts or were never involved in any way. They have said that publicly. There is a need for what was said to be withdrawn from the public record.

Mattie McGrath (Tipperary South, Independent)
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Hear, hear.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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An official written complaint has been made to me by a former Member, Mary Harney, and the matter has been referred to the Committee on Procedure and Privileges. It is hoped that it and other matters will be dealt with by the committee next week.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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I will be brief. Statements on domestic violence were due to take place this week but have been knocked off the schedule by the motion of confidence and the Water Services Bill. Could I get an assurance that the statements will be taken next week if possible? That would be important given the time of year.

I also wish to inquire about the Constitutional Convention. The Taoiseach gave a personal commitment that time would be allocated to discuss some of the issues arising from the convention. Will discussion of the reports be scheduled for next week?

I presume the school admissions Bill will not be published in this session, but could I get a commitment or some indication of when the Bill will be published?

Enda Kenny (Mayo, Fine Gael)
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We have given a commitment through the Chief Whip on the discussions on domestic violence and the Constitutional Convention. Deputy Jonathan O'Brien is aware business was disrupted but it might be possible to have the discussion on domestic violence next week. If not, it will get plenty of time after Christmas. The Chief Whip will advise the Deputy in respect of the debate on the Constitutional Convention. It is not a case of not wanting to hold such debates; it is rather that the schedule was disrupted for other reasons.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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What about the school admissions Bill?

Enda Kenny (Mayo, Fine Gael)
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The Bill should be published before the end of this session.

Mattie McGrath (Tipperary South, Independent)
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I wish to ask the Taoiseach about two pieces of legislation, one of which is in view of the fact that EirGrid has now called for a proper public consultation. When will the heads of the EirGrid Bill be introduced in the Dáil?

In view of what I said earlier today about people being hounded by NAMA, when will the Central Bank consolidation Bill be introduced? I spoke about the destruction of a family in Tipperary where the husband, the breadwinner and main businessman, lost his life due to pressure from banks and his widow and family are being terrorised by NAMA, an organ of the State. We must control the action of the banks and ensure some manners and respect from such people.

Enda Kenny (Mayo, Fine Gael)
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I do not have a date for the Central Bank consolidation legislation. I expect the EirGrid Bill to be published by early summer 2015.

James Bannon (Longford-Westmeath, Fine Gael)
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Significant progress has been made on the abolition of quangos and the merger of various Government bodies since the Government took office. We have streamlined a lot of services and made Government smaller and cheaper to run. We promised a wholesale reform of the public sector, including accountability, performance and transparency in this area. When can we expect the public sector standards Bill to come before the House?

Enda Kenny (Mayo, Fine Gael)
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For the information of Deputy Bannon, the public sector standards Bill is expected next year.

Peter Fitzpatrick (Louth, Fine Gael)
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When can we expect the publication of the retention of certain records Bill, which is to provide for the retention of records of the Commission to Inquire into Child Abuse and also the Residential Institutions Redress Board and the residential institution review committee?

Enda Kenny (Mayo, Fine Gael)
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It will be next year. I will revert to Deputy Fitzpatrick with more detailed information.

Bernard Durkan (Kildare North, Fine Gael)
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There is a Government proposal to underpin national climate policy. The climate action and low carbon development Bill is promised. What is the progress to date in bringing the Bill before the House? What is the extent to which the Bill might be expected to be passed by both Houses in the near future?

I understand a regulator has been appointed as per the terms of the Charities Act 2009. Are all aspects of the legislation likely to become operational in the near future?

Enda Kenny (Mayo, Fine Gael)
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The Bill has already passed but sections of it require an enactment order. The climate action and low carbon development Bill has been cleared by the Attorney General's office. It is expected to come before Cabinet next week and it should be published before the end of the session.

Jerry Buttimer (Cork South Central, Fine Gael)
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There is a proposal from Government to review national aviation policy. In the light of the proposal, is it possible for the Whips to arrange for a debate in the House on aviation policy, with particular emphasis on Cork Airport?

Enda Kenny (Mayo, Fine Gael)
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A Bill is not at issue but the House could have a useful debate on the matter sometime after Christmas.

Micheál Martin (Cork South Central, Fianna Fail)
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It is a bit late now.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Ó Fearghaíl.

Jerry Buttimer (Cork South Central, Fine Gael)
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That is Deputy Martin's legacy.

Micheál Martin (Cork South Central, Fianna Fail)
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No, it is not. Deputy Buttimer got stitched up by his own side.

Jerry Buttimer (Cork South Central, Fine Gael)
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It is Deputy Martin's fault.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Did Members not hear me; I called Deputy Ó Fearghaíl.

Patrick O'Donovan (Limerick, Fine Gael)
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Do you not realise, a Cheann Comhairle, it is a county council meeting?

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Could I ask when we can expect the public health (alcohol) Bill to come to the House? Have the heads of the Bill been considered by Government? We were given to understand that substantial work had been done in the area which involved examining minimum pricing, sports sponsorship and labelling of alcoholic products. We believe substantial work was done when Deputy Róisín Shortall was a Minister of State in the Department of Health. She is now long gone. Could the Taoiseach indicate what is happening to the Bill?

No. 101 on the C list is the low wage commission Bill. Much has been made of the low pay commission. Have the heads of the Bill been agreed by Cabinet as of yet and when is the Bill expected to come before the House?

Enda Kenny (Mayo, Fine Gael)
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Approval was given to draft the heads of the Bill and money was included in the accounts for next year for that purpose. In respect of the public health (alcohol) Bill, the heads were cleared by Cabinet and a good deal of work is going on in the Department of Health in that regard. I expect it will be early next year before the Bill is published.

Frank Feighan (Roscommon-South Leitrim, Fine Gael)
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When will the family leave Bill come before the House?

Enda Kenny (Mayo, Fine Gael)
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It will be early next year.