Dáil debates

Wednesday, 7 October 2015

12:30 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 42, statements on pre-European Council meeting of 15-16 October; No. 6, Dublin Docklands Development Authority (Dissolution) Bill 2015 - Second Stage (resumed); No. 15, National Cultural Institutions (National Concert Hall) Bill 2015 – motion to instruct the committee; No. 41, National Cultural Institutions (National Concert Hall) Bill 2015 - Order for Report, Report and Final Stages; and No. 43, statements on Building on Recovery, to be taken at 5.30 p.m. today, and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that No. 42 shall be taken immediately following the Order of Business and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: the statements shall be made by the Taoiseach and by the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order and who may share their time, shall not exceed 15 minutes in each case, and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes following which the Dáil will suspend for 60 minutes under Standing Order 23(1); the proceedings in relation to No. 43 shall be taken at 5.30 p.m. today and shall, if not previously concluded, be brought to a conclusion at 7.30 p.m. tonight and the following arrangements shall apply: 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 15 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. Private Members’ business shall be No. 208, motion re Corporation Tax (resumed), to conclude at 9 p.m. tonight, if not previously concluded.

Tomorrow’s business after Oral Questions shall be No. 15, National Cultural Institutions (National Concert Hall) Bill 2015 – motion to instruct the committee; No. 41, National Cultural Institutions (National Concert Hall) Bill 2015 - Order for Report, Report and Final Stages; No. 44, Climate Action and Low Carbon Development Bill 2015 - Report Stage (resumed); and No. 1, Choice of Court (Hague Convention) Bill 2015 [Seanad] - Second Stage.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are two proposals to be put to the House. Is the proposal for dealing with No. 42, statements on pre-European Council meeting of 15–16 October, agreed? Agreed. Is the proposal for dealing with No. 43, statements on Building on Recovery, agreed to? Agreed.

I call Deputy Martin on the Order of Business.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Yesterday, we voted through a request from the chairman of the banking inquiry, Deputy Ciarán Lynch, to extend the date for that inquiry to report until the end of January. I then asked the Taoiseach what I thought was a very reasonable question - to confirm if the House was to be dissolved before the end of the year. If a general election is called, the banking inquiry will never report and I believe the House should be apprised of that matter. It is reasonable that the House would have some certainty, having voted on this issue yesterday, as to whether the banking inquiry will report in January unhindered, in other words, that the report of the banking inquiry will not be undermined or prevented by the calling of a general election. It is very reasonable to seek clarity on that and, if necessary, we should have time to discuss it. It could not be more basic than that. Given all the time, effort and money that has been put into the inquiry, it seems extraordinary that the Taoiseach cannot give a straight answer as to whether it will definitively report in January on the basis that there will not be a general election before the end of the year. I would appreciate it, therefore, if the Taoiseach could, in a straightforward and upfront manner, give an answer to that simple and reasonable request.

Secondly, last night on Prime Timethere were some harrowing stories and presentations by many families and relatives of people who lost their loved ones. In some cases they were murdered or killed. They were very genuine cases. As the Taoiseach knows, an independent panel of barristers was set up by the Minister for Justice and Equality to investigate these particular cases, including that of Mrs. O'Farrell who lost her son in an appalling situation. In another case, the family of Shane Tuohey outlined the circumstances of his death which, they would assert, were not investigated properly by the Garda. What emerged from the programme was deep dissatisfaction with the process to date in terms of the independent panel and the replies that quite a number of the families have received. I do not know whether the Taoiseach has seen the programme, but it would be worth his while watching it.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Other Deputies did not get in yesterday. I am trying to get everybody in, so would the Deputy put his question?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Is the Taoiseach aware of the depth of distress caused and the dissatisfaction articulated about how the independent panel of barristers is going about its work, which the Government oversees? Is the Minister of a mind to make a full report to the House in relation to it? Is the Minister or the Government prepared to set up independent inquiries into a number of these cases?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I am aware of the distress caused in these cases over many years. In fact, some of these cases came directly to the Department of the Taoiseach.

This is the only Government that has set up an independent investigation and analysis of all of these cases, over 200 in total. The Minister was very careful to have a person of appropriate experience look at all these cases objectively and communicate with the persons involved or their loved ones. The independent review was not put together as a commission of investigation or a commission of inquiry. Its purpose was to look at the allegations made and to make a determination on whether any further action was needed. It is important to note that it was open to the independent review mechanism to recommend any form of statutory inquiry into cases that it examined. Deputy Martin will be aware, because he gave some of them to me himself, that some of these cases are very complicated and go back over many years.

I reiterate that the Garda has fully complied with all requests for information in connection with the cases that were referred to the panel. Any suggestion that the panel did not receive full co-operation and full information is not accurate. The panel has provided recommendations to the Minister in all 320 cases and the Minister has accepted the recommendations of counsel in all cases. In order to ensure the probity and independence of the entire process from start to finish, the Minister for Justice and Equality requested the retired High Court judge, Mr. Justice Murphy, to undertake the task of overseeing the preparation of the letters of notification to ensure that those letters contained a fair and accurate reflection of the panel's recommendation. A total of 152 letters have issued to date. Some cases resulted in recommendations for further action, which the Minister has accepted, including referral to the Garda Síochána Ombudsman Commission and requesting a report from the Garda Commissioner in accordance with section 41(2) of the Act of 2005. The remaining notification letters will continue to issue over the coming weeks. It is understood that a number of these cases will result in significant further action, of which I am not yet aware. It is the intention of the Minister, on the completion of the process, to make a comprehensive statement of all the actions she has decided to take in line with the recommendations from counsel, and that will be discussed here.

I referred to the other matter Deputy Martin mentioned yesterday. The Chairman of the Joint Committee of Inquiry into the Banking Crisis requested extra time from the Dáil to complete his report and the committee's report. The Dáil granted extra time until the end of January. That is normal business and a normal request. The two things that Deputy Martin has raised are entirely separate.

12:40 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach says they are entirely separate.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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How are they entirely separate?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not discussing this issue now.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I do not recall people standing in this position indicating the dates or otherwise of a general election. They are separate matters. The request that came from the Chairman of the committee was a perfectly reasonable and legitimate request and was granted by the Dáil.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On a point of order-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No. There is no point of order. Deputy Adams is next.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Taoiseach has said that we voted yesterday to extend the report.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is not a matter for the Order of Business. Would you resume your seat, Deputy Martin? Deputy Adams is next. Thank you.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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If we had known there would be a general election before the end of the year, we would not have voted that through.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Do not be clicking with your fingers either, Deputy Martin.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We would have wanted to committee to report. The Taoiseach is treating us like fools.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Would you please resume your seat? Thank you.

(Interruptions).

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Martin, would you please resume your seat? Deputy, I am on my feet.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On a point of order-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I am on my feet. Would you resume your seat? You know you are out of order. Deputy Adams is next. Thank you.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Hang on a second, a Cheann Comhairle-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, I will not hang on a second. I will not hang on a second. You hang on a second and resume your seat. Deputy Adams is next.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We do not know whether there will be-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Deputy Adams is next. That is not a matter for the Order of Business.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Of course it is a matter for the Order of Business. It is very basic. What is going on is outrageous.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It may be outrageous, but you can table a Parliamentary Question. Thank you very much.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I should table a Parliamentary Question about whether the banking inquiry will report? Are you serious?

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

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We cannot be told that much. Is that correct?

A Deputy:

Ask Deputy Peter Mathews.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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It does not matter. I do not believe it. This place is unbelievable.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy Mathews. Would you please stay quiet? Deputy Adams is next.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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It is entirely separate.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Do you want me to read out what is allowed under the Order of Business?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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No, a Cheann Comhairle.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Then learn your Standing Orders and you will be all right.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I know them only too well.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Well, you do not display it.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Ceapaim go bhfuil Punch agus Judy fós beo anseo. Tá cúpla ceist agam on planning and rent controls legislation, the international protection Bill and the McMahon report ach, ar dtús, ba mhaith liom ceist a chur maidir leis an díospóireacht faoin Tuaisceart. Tá a fhios ag an gCeann Comhairle agus ag an Taoiseach go bhfuil mé ag cur an cheist seo faoin Tuaisceart go rialta gan focal ar bith le fáil ón Rialtas, go háirithe ag an uair seo nuair atá cainteanna ar siúl i mBéal Feirste faoi na hinstitiúidí atá ann. Ba mhaith liom freagra a fháil ón Taoiseach.

I have another question on planning and rent controls. You will note, a Cheann Comhairle, that rents in Dublin are at boom-time levels and that the rent supplement is entirely out of touch with the rents being demanded. The rent supplement budget has been cut by €200 million.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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What is the legislation, please?

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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There are also 1,275 children in homeless accommodation. At the weekend, the Minister for the Environment, Community and Local Government, an Teachta Kelly, told RTE that emergency legislation would be introduced to speed up planning. This is one of the serial announcements he makes on this issue. When will we see the Government's emergency legislation to tackle homelessness? Has the Government any plans to introduce legislation on rent controls or rent freezes?

Last June, the Taoiseach told me he would facilitate a debate on the McMahon report into the direct provision system. I grant that some aspects of this report are welcome, but overall it is a disappointing response to a very difficult humanitarian issue and to a direct provision system that has been widely condemned. We have seen tens of thousands-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy. This is the Order of Business. It is about promised legislation. There are other Deputies who did not get to speak yesterday because there were votes. Would you please stick to the business before us - that is, the Order of Business, where we deal with the business on the Order Paper? Thank you.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I am simply trying to illustrate the urgency of this legislation.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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You cannot raise other issues. I am sorry. There are other Deputies whom I have to look after as well.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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That is fair enough. I know you will be as horrified as anyone else at the images of thousands of people in coffin ships-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I understand all that, but it is not for the Order of Business. That is the only point I am making.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I have two points. When will the Taoiseach agree to an urgent, full and proper debate on the issue of refugees and on the State's response, including the McMahon report? Will the Government consider extending the humanitarian mission that the Navy is involved with beyond December?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not a matter for the Order of Business.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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When will the international protection Bill be published?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The international protection Bill will be published inside the next few weeks. A motion on refugees was agreed already. The McMahon report was received. Observations were made by all the relevant Departments on direct provision and so on. They have been received and are being assessed by the Minister. Obviously, there will be an opportunity to debate those here.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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When?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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In the next number of weeks, I would suggest.

Deputy Adams raised the rent supplement issue. I have mentioned on many occasions that the opportunity exists for the Department of Social Protection to deal with each of these cases on an individual basis. However, all of these actions do not deal with the fundamental problem - that is, the supply of accommodation, particularly in this city. I hope to have a Cabinet meeting later this week to deal with a series of measures that will, I hope, address some aspects of the inadequacy of the housing accommodation and supply throughout the country, with particular reference to Dublin.

Third, labhair an Teachta Adams faoi dhíospóireacht maidir le cúis an Tuaiscirt. Tá mé toilteanach é sin a chur ar fáil ach tá a fhios ag an Teachta go bhfuil na díospóireachtaí ar siúl ag an bpointe seo. Ní dóigh liom go mbeadh sé oiriúnach díospóireacht a bheith againn faoi na nithe sin ag an am seo nuair nach bhfuil na díospóireachtaí idir na polaiteoirí sa Tuaisceart agus na Rialtais críochnaithe fós. Más gá, tá mé toilteanach an díospóireacht a bheith againn. Táim ag breathnú go géar ar an ábhar seo agus bím ag labhairt leis an Aire Gnóthaí Eachtracha agus Trádála chuile lá faoi.

12:50 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Yesterday, when Deputy Martin raised the question of the new children's hospital establishment Bill, I could not hear the answer. Has the timeline been established for the passage of the Bill through the House and thereafter in respect of the hospital?

I refer to the road transport Bill, which aims to reduce the administration and associated costs of private road transport. Have the heads of the Bill been approved? Will it come before the House during this session? No. 96 is the health (transport support) Bill, which will offer some assistance for children with severe disabilities who cannot access public transport. Has it been approved and is it likely to come before the House at an early date?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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No. 96 will probably be taken early next year. A great deal of work has taken place in respect of the Bill. The road transport Bill has not been approved by Government, although work is ongoing on it. A timeline for the national children's hospital was published, which involved planning permission being lodged and onwards. Of course, one can never speculate on the real outcome of that, because other matters might infringe on it. I will send the Deputy an updated timeline as produced by the board from the time it lodged planning permission to the estimated time of completion of the project.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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I hoped to get this question in when the Minister for Justice and Equality was beside the Taoiseach. I wish to return to the issue of the Istanbul Convention, about which the Minister has spoken frequently. One wonders, given the current speculation about an early general election, whether the Taoiseach can state emphatically that the Government will sign the Istanbul Convention and bring it into effect.

We read in the press that there are suggestions that many Government Departments may require Supplementary Estimates. I refer to Tusla. Throughout the country, family refuges are suffering enormously because of inadequate funding. In my constituency, a project built using heavy capital investment is not fully open - two apartments remain closed because of a lack of funding.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy. There are other Deputies waiting to speak. That is not a matter for the Order of Business, by the way.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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It is a question of whether-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is not a matter for the Order of Business, so please be quick. Thank you.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
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-----there will a Supplementary Estimate for the Department of Children and Youth Affairs which would address these important issues.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Normally, Supplementary Estimates have to be presented before the budget. They are a matter for discussion between the Minister for Public Expenditure and Reform and the relevant Ministers, speaking on behalf of their Departments. A number of Supplementary Estimates have been referred to, and obviously health is one of those. No decisions have been made as yet. I will take note of the point he mentioned.

On 25 September, the Minister for Foreign Affairs and Trade, on behalf of the Minister for Justice and Equality, indicated that he would seek Government approval to sign the Istanbul Convention in the coming weeks. It is a multi-annual action plan with timescales for implementation that was drawn up in consultation with other Government Departments and agencies in regard to implementing the small number of remaining actions required to enable Ireland to ratify the convention. I will update Deputy Ó Fearghaíl on the work that has taken place in respect of the few remaining items.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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In order to ensure that providers will not operate below consistent patient safety standards, when can we expect the publication of the patient safety (licensing) Bill, and when will it to come before the House?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I do not have a date for the publication of the Bill. I will have to advise the Deputy of the work that has been done.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Chuir mé cheist ar an Aire Stáit, an Teachta McHugh, cúpla seachtain ó shin maidir leis an aersheirbhís go dtí Oileáin Árann agus ní raibh sé in ann ag an am freagra a thabhairt dom. Dúirt sé, áfach, go raibh seirbhís héileacaptair curtha ar cheall. Anois, tá sé á rá go mbeidh seirbhís go dtí Oileáin Árann ag Aer Árann. Ba mhaith liom díospóireacht a bheith ann maidir leis an gceist seo-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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You are way out of order.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Tá sé an-tábhachtacht. Ní raibh tuairimí muintir na n-oileán i gceist nuair a bhí an tAire ag caint-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not a matter for the Order of Business.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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An féidir leis an Taoiseach aon eolas a thabhairt don Teach mar gheall ar seo?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No. You cannot talk about the Aran Islands on the Order of Business.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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Will the Taoiseach reply to me, as promised last week, about when the wind energy guidelines will be published? I understand the export project is back on track and there is great concern and anxiety that we do not have robust legislation to deal with wind energy. Can the Taoiseach confirm to me, having consulted with his colleagues, when the guidelines will be published?

The Taoiseach said he would write to me about the tenant purchase scheme and update me as to when it would be published. I refer to the statutory instrument, which has yet to be published by the Department of Justice and Equality, that will facilitate local authorities in dealing with anti-social behaviour. Families living in local authority estates-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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All right, Deputy. There are other Deputies waiting.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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-----are being harassed in an awful fashion. Local authorities have no mechanism to deal with such problems. They are waiting for the statutory instrument to be published by the Department of Justice and Equality. Can the Taoiseach indicate when that will be done in order that local authorities will have a free hand to deal with the issue appropriately?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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In the past, local authorities were able to deal with cases of anti-social behaviour once a calendar of evidence had been built up. I will have to come back to Deputy Troy in respect of these matters.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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They are waiting for the statutory instrument.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I do not know about the statutory instrument, but I will find out the information from the Minister for Justice and Equality. We are still discussing the question of the regulations in respect of wind energy and the tenant purchase scheme. I will advise Deputy Troy as soon as I have something worthwhile to tell him.

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael)
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In light of the fact that the student support legislation is being extended to provide for SUSI grants for people living in direct provision who qualify, I ask the Taoiseach to include in that extension Irish citizens who have been working overseas as volunteers but do not qualify because they do not meet the residency criteria. Such people may not have the money to go to college on their return and are being discriminated against unfairly.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is a valid observation, and I will bring it to the attention of the Minster.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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In the context of the National Cultural Institutions (National Concert Hall) Bill 2015, there is a very serious threat to the future of Westport House, regarding which the Taoiseach and the late Senator Myles Staunton were involved in legislation. Is the Taoiseach planning any intervention in the situation around Westport House?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not a matter for the Order of Business.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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There is legislation.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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What legislation?

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The National Cultural Institutions (National Concert Hall) Bill.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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There are two Bills, No. 1 and No. 2. Both are scheduled for early next year. I am aware of the complications in respect of the building the Deputy mentioned.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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I have two questions. Irish Water has published its seven-year business plan. It stated in a presentation that it would raise €3 billion through borrowing. Clearly, this is unlawful, as the House passed the Water Services (No. 2) Act 2013, section 35 of which states that Irish Water can only have a combined debt of €2 billion at any given time. What does the Taoiseach propose to do? Does he propose to ask Irish Water to produce a plan that remains within the law of the State?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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That is not appropriate to the Order of Business. You know that.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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It is. Is the Taoiseach seeking to amend the Water Services (No. 2) Act to allow Irish Water to raise additional debt? The rate was set at €500,000 and the current law states it is €2 billion. Is the Taoiseach intending to-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there promised legislation?

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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-----amend the legislation to allow Irish Water to comply with the law?

My second question concerns a commitment in the programme for Government. The last time I asked the Taoiseach about the matter he said he would refer to the advice of the Attorney General. There is a clear commitment that no retired politician will get a political pension until the national retirement age. Many politicians are seeking to retire and many will be forced to retire when the electorate get their hands on them during the election, whenever that takes place. Is it the case that those who were in office prior to 2004-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry. There is no promised legislation in this area.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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-----will still be entitled to a political pension as long as they reach 50 years of age or-----

1:00 pm

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, would you resume your seat? That is not on the-----

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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Will legislation be needed to bring forward the commitment that remains-----

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

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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-----in the programme for Government to bring this about?

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

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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Sorry, with respect-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, there is no promised legislation. It is about promised legislation. I have to be fair to everybody. If I cut off one person, I have to cut off everybody if they are not adhering to the Order of Business.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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A Cheann Comhairle, Irish Water has produced a plan that is unlawful at this point in time.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Pensions have nothing to do with the Order of Business-----

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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The question is-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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-----and Irish Water is not a matter for Dáil Éireann. It is a State company.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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That shows the farce of Irish Water, that it is not a matter for Dáil Éireann.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Well, it is a State company. I am sorry. Deputy McGuinness.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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The question is that we have a State agency which is producing a plan which is unlawful. Irish Water has stated in its report that there is a proposal before the Minister.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is not a matter-----

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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Is the Government planning to introduce-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There is no promised legislation in the area. Deputy McGuinness.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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The question I have is whether the Minister is planning to introduce an amendment to the Water Services Act because in a presentation to me, Irish Water said-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is there legislation promised in this area?

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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-----it will raise the debt to €3 billion which is clearly unlawful.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Irish Water published a plan for investment of €5.5 billion-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There is no legislation promised.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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-----until 2021.

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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So it will remain unlawful in terms of its plan.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Please resume your seat.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Very lawful.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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In view of what was said earlier on NAMA, the invitation stands for Deputy Wallace to appear before the Committee of Public Accounts and it would be helpful to the committee in view of a lot of the anger, frustration, secrecy and-----

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

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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-----arrogance around NAMA. That stands. Regarding the six cases mentioned in "Prime Time" last night, will the Minister bring forward an interim report-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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We cannot discuss television programmes.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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-----to give us an opportunity to deal with the confidence issue raised in the process? The Taoiseach raised the issue of Irish Water and discussed it earlier. Will he amend the legislation to ensure-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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No, the answer is-----

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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-----Irish Water comes under the control of the Comptroller and Auditor General?

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, it is not in order. He knows it is not in order.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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It requires legislation.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Irish Water is not a matter under promised legislation. Let us be fair to everybody.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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It requires legislation.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Table a parliamentary question.

Photo of Joe O'ReillyJoe O'Reilly (Cavan-Monaghan, Fine Gael)
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What is the progress of the public health (alcohol) Bill in light of the social health problems arising from the below cost selling of alcohol, the need to separate alcohol from other products and health labelling on products? We have a real problem with excessive drinking and binge drinking among teenagers, and cheap alcohol-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are nearly out of time.

Photo of Joe O'ReillyJoe O'Reilly (Cavan-Monaghan, Fine Gael)
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I am anxious to have the Taoiseach's response.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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There are other Deputies and we have only one minute left.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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That might apply to a small minority of young people. The Bill, for Deputy O'Reilly's information, is scheduled for publication this session.

Photo of Michael McNamaraMichael McNamara (Clare, Labour)
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I note the Minister for Justice and Equality has brought before the Seanad legislation reforming the oldest profession. When will legislation reforming the second oldest and more powerful profession, the legal profession, appear? Is it intentionally being timed to fall with the Dáil? If it will not appear before the Dáil, will we at least have a commencement order for the Legal Services Ombudsman Act 2009? If not, is this motivated by a concern-----

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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Sorry, Deputy, thank you. Another Deputy wants to get in.

Photo of Michael McNamaraMichael McNamara (Clare, Labour)
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-----that speechwriting and financial contributions from the Bar to certain political parties might dry up?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Yesterday, the Cabinet gave authorisation to the Minister to continue drafting amendments for limited liability operations in the legal profession, and the Bill is scheduled to be completed by the end of the year.

Photo of Peter MathewsPeter Mathews (Dublin South, Independent)
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When will the Government bring forward the one-year bankruptcy Bill on which Deputy Penrose has been doing huge work, as has the Committee on Finance, Public Expenditure and Reform? It is urgent.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will have to give the Deputy a more accurate time on it. I am aware of Deputy Penrose's interest and work and the recommendations for three years or one year in some cases. I will advise Deputy Mathews.