Dáil debates

Wednesday, 10 June 2015

12:20 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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It is proposed to take No. 18a, motion re proposed approval by Dáil Éireann of the draft commission of investigation (certain matters concerning transactions entered into by IBRC) Order 2015 (resumed); No. 5, Industrial Relations (Amendment) Bill 2015 - Order for Second Stage and Second Stage; No. 6, Communications Regulation (Postal Services) (Amendment) Bill 2015 - Order for Second Stage and Second Stage; No. 7, Urban Regeneration and Housing Bill 2015 - Order for Second Stage and Second Stage; No. 42, Health (General Practitioner Service) Bill 2015 - Order for Report, Report and Final Stages, to be taken at 6.10 p.m. tonight and the Order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn on the conclusion of Topical Issues, which shall take place on the conclusion of Private Members’ business; and Private Members’ business, which shall be No. 75, Central Bank (Mortgage Interest Rates) Bill 2015 - Second Stage, shall be taken at 6.30 p.m. tonight and shall, if not previously concluded, be brought to a conclusion after three hours.

Tomorrow’s Business after Oral Questions shall be No. 5, Industrial Relations (Amendment) Bill 2015 - Order for Second Stage and Second Stage; No. 6, Communications Regulation (Postal Services) (Amendment) Bill 2015 - Order for Second Stage and Second Stage; and No. 7, Urban Regeneration and Housing Bill 2015 - Order for Second Stage and Second Stage.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with the late sitting agreed to? Agreed. 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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Over the last two weeks, people have been genuinely taken aback by the situation pertaining to two 101 year old women who were kept on trolleys in accident and emergency departments for an extraordinary length of time. We have seen the figures for waiting lists getting much worse month by month. Our health system is in crisis, particularly in terms of information and data. The Minister for Health has promised a raft of legislation pertaining to our health service in the programme for Government. The Government has been committed to the health information Bill for the last four years in terms of enabling us to properly assess and analyse what is happening within the service. It would be helpful if the Minister, Deputy Bruton, could indicate a timeline for that Bill. Could he also indicate when legislation pertaining to patient safety and the patient safety authority will be forthcoming?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Minister for Health will shortly be introducing a revised general scheme of the health information Bill in view of policy developments. It is not possible to indicate at this stage when it will be published. The heads of the Bill were approved some time ago.

12:30 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Will the Minister give me the date?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The date is 2009.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Is it ever going to happen?

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Tá ceist agam faoi the electoral commission Bill agus ceann eile faoi the Charities Regulatory Authority.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Gabh mo leithscéal? Was that the charities Bill?

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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The Charities Regulatory Authority and the Charities Act 2009. On the electoral commission Bill, the Minister will know the Convention on the Constitution addressed reform of the Dáil electoral system in its fourth report, that the Government published a consultation paper on this and that it was discussed by the Joint Committee on the Environment, Culture and the Gaeltacht in March and that the Minister for the Environment, Community and Local Government has described it as of the highest priority for the Government. However, we still have not got it. When will the electoral commission Bill be published?

On the Charities Act 2009 and the Charities Regulatory Authority, there have been a number of controversies around the management of charities recently, as was most obvious in the case of the Central Remedial Clinic. The Minister for Justice and Equality established the position of charities regulator in 2012, which we supported, and the board was set up in April 2014. However, the part of the Charities Act which gives the regulatory authority statutory powers with respect to charitable organisations has yet to commence. Subsequently, the authority does not have the power or the resources to conduct such investigations. When will the Government deal with this matter?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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In respect of the electoral commission Bill, a consultation paper was published on 27 January this year and sent, as the Deputy said, to the joint committee for pre-legislative scrutiny. I presume there will be a report back and that the Minister will, on the back of that, decide what changes, if any, are needed to the consultation paper. However, at this stage, it is not possible to indicate a time as it has not gone to Government yet.

I will have to get the Deputy an update on the Charities Act. I do not know what is the state of play with respect to the commencement order but I will get the Deputy the information he requires.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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There is no charity in this Government.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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On the Planning and Development (No. 1) Bill and the Planning Development (No. 2) Bill, last Friday afternoon, there was no emergency accommodation for something like 70 families at the homeless section in Parkgate Street and they were left without any accommodation whatsoever. As the Minister knows, we have perhaps 1,000 children homeless under this Government. In terms of social housing need, we have a Greek-type situation-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Where are we going here?

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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The Minister, the Taoiseach and the Government will, presumably, be commiserating with the Greek people.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is the Order of Business, as you know.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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The Government has taken a course of action which has left these people, including many of our constituents-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is the planning legislation.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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-----from Dublin Bay North homeless over last weekend. The Minister, Deputy Alan Kelly, is doing absolutely nothing about this.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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You have made your point.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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Where is the Minister, Deputy Kelly, and what is he doing?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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He is out in the housing estates.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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He is minding his legacy.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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He is at photo opportunities in Clonmel or wherever.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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You have had your say. The question is on the planning legislation.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The text of that Bill was approved by Government on 3 June.

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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They are our constituents.

Photo of Tony McLoughlinTony McLoughlin (Sligo-North Leitrim, Fine Gael)
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I understand the Minister for Justice and Equality, Deputy Frances Fitzgerald, has recently published the heads of Bill to provide for the introduction of a new model of periodic payment orders. This new model of payment orders will allow the courts to decide that catastrophically injured people can receive the cost of future care in the form of annual payments instead of a lump sum award. When can we expect the civil liabilities (amendment) Bill to be brought before the House?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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It will be later this year.

Photo of Ray ButlerRay Butler (Meath West, Fine Gael)
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When is publication expected of the greyhound industry Bill? It is very sad to see the protests outside today on the sale of Harold's Cross due to the bad management of the last Government and the €30 million debt. Somebody has to be held accountable for the Limerick track disaster also. When is publication expected of the noise nuisance Bill?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I am afraid no date is available for either of those Bills. The greyhound industry Bill is at a preliminary stage and it is hoped to publish it this year. There is no date for the noise Bill.

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)
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It has gone to the dogs.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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On 8 April 2014 the Fennelly commission was established. Media reports over the weekend suggested the commission will shortly distribute preliminary reports to interested parties. The work of the commission is extremely interesting, not least given the fact the House will move today to establish another commission of investigation. When can we expect to see the Fennelly report published?

I want to ask about the regulations and guidelines being devised by the Department of Communications, Energy and Natural Resources in respect of wind farms. I understand work is going on between the Department of the Environment, Community and Local Government and the Department of Communications, Energy and Natural Resources. As we speak, applications are being made to An Bord Pleanála under the strategic infrastructure Act which are quite clearly premature in circumstances where the guidelines are not in place. Will the Minister tell us about that?

Finally, on this, the fourth anniversary of the death of the late and, indeed, great Brian Lenihan, I ask what is being done by the Government in respect of the promised legislation on the sale of loan books, that is, the consumer protection Bill that was promised some time ago.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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To take the questions in reverse order, Report Stage of the Bill to provide consumer protection on the sale of loans will be taken next week. The review on the guidelines in respect of wind farms was commenced in 2013 and I understand the Minister for the Environment, Community and Local Government and the Minister for Communications, Energy and Natural Resources are considering that review at this point. I do not have a date as to when Mr. Justice Fennelly will complete his work and publish it, so I cannot offer the Deputy information on that.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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In the absence of employment opportunities in rural areas, the Minister last year announced the Action Plan for Jobs for the regions. It is important that we continually encourage people to upskill and be prepared for new opportunities in the regions.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is grand. What Bill is this?

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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When will the apprenticeship Bill be brought before the House?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I should assure the Deputy that all regions have seen employment growth. Under our regional enterprise strategy, we are very determined there will be further improvements and there is now an opportunity for all regions to participate in shaping a plan for their region. In terms of the apprenticeship Bill, I understand the Minister of State, Deputy English, hopes to bring this forward this summer but, as the Ceann Comhairle probably knows, applications have already been received and are being assessed by an interim group so that apprenticeship needs are proceeding ahead of the Bill.

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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What progress has been made on the criminal law (sexual offences) Bill? One of the matters being dealt with in that is the criminalisation of the purchase of sexual services. Extensive work was conducted on this matter by the Joint Committee on Justice, Defence and Equality last year and a detailed report was submitted to the Department and the Minister. Ironically, a delegation from the North of Ireland discussed this very topic with that committee and it has now progressed ahead of us in terms of introducing this legislation. I hope the Minister will confirm this legislation will be before the House before the end of this session.

12:40 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I understand that work is well advanced on this. I cannot give the Deputy an exact schedule as to whether it will be taken before the end of this session. I will seek information and provide it to her.

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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The Minister has Clonmel connections. I refer to a telecoms company in Clonmel which is losing 200 jobs and to the Industrial Relations (Amendment) Bill. What action is the Minster's Department taking to secure the jobs? I understood there was to be a deputation, including the Minister, but the matter seems to have gone off the radar. I would like him to give us an update on that.

I refer to the Health (General Practitioner Service) Bill. The Taoiseach told me two weeks ago that 100 GPs a day were signed up, which is totally erroneous and untrue. When will the number of GPs which have signed up be published on a website? No GPs have signed up in County Tipperary.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I understand Report Stage of the Bill is being taken today and I am sure the Minster will comment, during the course of the debate, on the level of sign up which, I understand, has been very strong under the scheme. Order for Second Stage and Second Stage of the Industrial Relations (Amendment) Bill is listed on today's Order Paper as back-up business to the commission debate.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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As the Minister is aware, the Government did a U-turn on the proposed increase from €100 to €150 in the nurses' registration fee. Unfortunately, a large number of nurses have had their names removed from the register and they are being fined €250 to get back on to it. In other words, they have to pay €350 for what should have cost €100.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That sounds like a very important matter-----

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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It is a very important matter.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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-----but not on the Order of Business.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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It is, under the health information Bill.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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There is no date for publication of that Bill.

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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At 6.30 p.m. on Monday, 8 June, an 80 year old man was admitted to Kerry General Hospital. He was on a trolley until 8.30 p.m. on Tuesday, a total of 26 hours. It was his third time in hospital within the past month. Just one month ago a 61 year old lady was admitted to Kerry General Hospital on a Monday morning. She was paralysed, having lost the use of her legs the night before, and suffered from thrombosis. She spent the next 18 hours on a trolley and died 12 hours later. Two weeks ago-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, please.

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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-----a young man who was 29 years of age with a history of mental illness and who twice tried to take his own life took his own life after being released from Kerry General Hospital.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, will you please put the question about the legislation? Thank you.

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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At 3 a.m. today I was contacted by a mother who's son has threatened suicide and is lying on a trolley in Kerry General Hospital. Will anything be done about the treatment of patients with mental and other illnesses?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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What Bill are you talking about?

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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Will this be allowed to continue? It is an absolute disgrace and something needs to be done about it. I have tried every avenue to raise this issue.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, this is the Order of Business. Would you please respect the Chair?

Photo of Martin FerrisMartin Ferris (Kerry North-West Limerick, Sinn Fein)
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I respect the Chair. I am sick to death of trying to raise these issues and getting no answers.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is the Order of Business. Table a Topical Issue or do something that is in order.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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The Department of the Environment, Community and Local Government is in the process of launching a new policy on the end of life for used tyres. The Minister has refused to engage with or meet one of the key representative bodies, the Independent Tyre Wholesalers and Retailers Association. He is introducing a monopoly in this area. Why or how does the Government think it can bring forward a comprehensive policy without fully engaging with one of the key stakeholders? Will the Minister confirm that he will raise this issue with his colleague to make sure that we have-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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He will not confirm it on the Order of Business.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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It concerns a national policy.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, we are dealing with promised legislation. I gave you a little bit of room, but please do not start going down a completely different avenue.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I appreciate that, but it could have the potential to cost jobs and increase the price of tyres.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Maybe so, but not on the Order of Business. Thank you.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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On promised legislation, I refer to the social welfare Bill that is due. When will it come before the House to give Members an opportunity to pass an amendment so we can ensure that the Department of Social Protection will cease being cheerleaders for the banks and advising customers to have their payments made through banks, to the detriment of-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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What social welfare Bill?

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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-----post office services?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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What social welfare Bill are you talking about?

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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If this continues we will not have a post office left in rural Ireland and the Government is overseeing this.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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What social welfare Bill?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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If we continued the previous policy they would all have been closed by now.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The social welfare Bills that have been promised on my list have been enacted.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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I refer to the nursing home support scheme (amendment) Bill, to provide that payments made to women under the Lourdes hospital redress scheme, the Lourdes hospital payments scheme and the surgical symphysiotomy payments scheme will not be taken into account in applications made under the nursing home support scheme. When will the Bill come before the House? Have the heads been cleared? Is it likely to come before the House by the end of the current session? Quite a number of people are concerned about it.

I refer to the Companies Auditing Bill, which is also promised legislation and is to allow for member state options contained in an EU directive. When is it likely to be published?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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What was the second Bill?

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The companies auditing Bill.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The companies auditing Bill is being prepared with the Attorney General to transpose the direction. The nursing homes support scheme (amendment) Bill has four heads. It is intended to publish it this year.

Photo of Martin HeydonMartin Heydon (Kildare South, Fine Gael)
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I refer to promised legislation. The Minister might let me know what progress has been made on the public sector standards Bill to reform the existing legislative framework regarding the ethics regulation for those in public office. I also refer to the victims of domestic violence, who go through dreadful ordeals. The reformed and consolidated domestic violence Bill to consolidate a version of the Domestic Violence Act 1996 will make provision for extra protections for victims of domestic violence. What is the status of the Bill?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I understand the public sector standards Bill will come to Government shortly. There is no date for the domestic violence Bill.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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I refer to another aspect of the companies auditing Bill mentioned by Deputy Durkan. It relates to the continuing interest overcharging by IBRC, which is now in liquidation. This is very important.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I know it is very important.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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It has been read into the record-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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This is the Order of Business. It is about promised legislation.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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The promised legislation is the companies auditing Bill.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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You just got an answer to that.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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No, it was a different answer to a different question. This relates to the auditing-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are talking about the publication of the Bill, not about the content.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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That is correct. I refer to its purpose. When it is published it has a purpose.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I know all that.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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That has been mentioned. Its purpose is now extremely important across the whole nation. IBRC, which is operated by other companies that are subcontractors to run the ledgers and do the operations of the loans, some of which have been sold, some of which are still in IBRC-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Thank you. I think you have made your point.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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There is interest overcharging. Ms Justice Finlay Geoghegan said so in her determination in a court case last November.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Thank you, Deputy.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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This is very serious. The Minister is jointly and severally liable for such illegal overcharging.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy, will you please adhere to the rules? This is about promised legislation. It is not about the content.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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Should promised legislation not cover this illegality by the Minister for Finance-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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You have to raise it in a different manner.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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-----the Central Bank and the NTMA which are shareholders in IBRC?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Thank you, Deputy. You have had your say.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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What point are people missing?