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<title>Michael Fitzpatrick - Recent appearances (From KildareStreet.com)</title>
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<dc:date>2009-04-15T16:11:18+00:00</dc:date>

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<item rdf:about="http://www.kildarestreet.com/debates/?id=2009-03-26.308.0&amp;m=302#g312.0">
	<title>Housing (Miscellaneous Provisions) Bill 2008 [Seanad]: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2009-03-26.308.0&amp;m=302#g312.0</link>
	<description>In my contribution to Second Stage of the debate on 5 March, I spoke about the background to the Residential Tenancies Act 2004, homelessness and the quality of new local authority estates....</description>
	<content:encoded><![CDATA[<p pid="312.1">In my contribution to Second Stage of the debate on 5 March, I spoke about the background to the Residential Tenancies Act 2004, homelessness and the quality of new local authority estates.  Today, I wish discuss the issue of housing for the Traveller community.  The legislative framework for Traveller accommodation is set out in the Housing (Traveller Accommodation) Act 1998.  Section 7 of that Act requires housing authorities to adopt Traveller accommodation programmes in their functional areas to accommodate the needs of Travellers.  The culture of the Traveller community must be recognised and local authorities must be committed to promoting equality and inclusion for travellers.  Living accommodation based on needs and family circumstances of Travellers is essential and should cater for the expression of their culture.  It is important for all of us that the Traveller culture is maintained in its original form.</p><p pid="312.2">The allocation of Traveller families to settled estates should be done with the agreement of immediate neighbours and tenants because past experience has shown that many problems arise when this does not happen.  Allocating a dwelling to a household is an executive function but, notwithstanding this, it is important that the executive consults elected members, officials of the relevant health authorities and other interested parties who possess a wealth of local knowledge.  In cases where this does not happen, the results are self-evident.</p><p pid="312.3">This important Bill aims to improve services and develop sustainable communities.  It provides local authorities which enhanced powers to deal with anti-social behaviour.  I welcome the significant amendment to the definition of “anti-social behaviour” as set out in section 1(1) of the Housing Act 1970 to include, under four different headings, violence, threats, intimidation, coercion and harassment or serious obstruction of a person, behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home and damage to or defacement by writing or other marks of a property, including a person’s home.</p><p pid="312.4">The provision of one-off housing for persons or families should always be an important element of housing policy in order to allow personal and family needs to be considered separately.  This is particularly true in rural Ireland, where many sons and daughters have been forced to live in towns and settlements far from their parents and roots.  The time has come when we should consider maintaining people from rural areas in their own communities, particularly those who live in isolated areas or who have elderly parents.</p><p pid="312.5">Section 11 replaces section 56(2) of the Housing Act 1966 and empowers the housing authority to provide and maintain services ancillary to housing developments, including roads, shops, playgrounds, places of worship and sites for schools and other facilities.  It is important this section is also applied to the voluntary and co-operative housing sector and projects undertaken through public private partnerships on behalf of housing authorities.  These provisions will ensure that all future developments provide essential services.</p><p pid="312.6">The screening regulatory impact assessment prepared by the Department of the Environment, Heritage and Local Government for the Bill states that the scheme aims to source good quality rented accommodation, provide greater housing security for persons with long-term housing needs, reduce dependency on supplementary benefit allowances and long-term housing benefit, secure a greater social mix through the geographical disbursal of housing needs and contribute to better value for money for the State in the provision of long-term housing solutions.  I hope these worthy aims will be achieved.  In essence, the scheme proposed in the Bill addresses many of the concerns expressed by NGOs in the housing sector regarding rent supplements.  They claim that rent supplements provide no security to tenants, subsidise poor standards of accommodation and create unemployment traps due to conditions on employment.  Under the rent allowance scheme, rent is assessed under local authorities’ differential rent schemes for other forms of social housing.  The RIA identified the following as barriers to initial take up of the rental accommodation scheme introduced in 2004 — the poor quality of some private-rented accommodation; the unwillingness of some landlords to join RAS; households living in overcrowded conditions; and a shortage of supply for particular types of accommodation in some areas at reasonable rent levels.</p><p pid="312.7">Another issue addressed under section 39 is the resale of properties.  Section 39 lays out the resale conditions of the scheme.  It allows for resale at any time, so should not act as a barrier to future housing options or be inflexible regarding changes of circumstances.  In relation to resale and repayment of a portion of the value to the housing association, section 39(7) allows that where the purchaser has made “material improvement”, this may be taken into account in calculating the proportion repayable.  The Bill provides the housing authority with first refusal to purchase the property on re-sale, and gives it power of approval for any other potential purchaser.  This power can be used, <i>inter alia</i>, to refuse re-sale to those who have engaged in anti-social behaviour.</p><p pid="312.8">Although there is no specific provision in the 2008 Bill providing for a review of the incremental purchase scheme, the RIA states that the scheme will be subject to a pilot phase in a number of housing authorities before being implemented more broadly.  The pilot phase will be managed and reviewed by the Department of the Environment, Heritage and Local Government.  Thereafter the Department will continue to monitor and review progress in implementing the scheme.  Another issue is the sale of flats.</p><p pid="312.9">The proposed incremental purchase scheme does not apply to the sale of new flats or apartments.  Section 36(2) specifically excludes from the incremental purchase scheme the sale of any dwelling that is “a separate and self-contained apartment in a premises, divided into 2 or more apartments, which would require arrangements for the upkeep of common areas, works or services other than by the purchaser”.  Perhaps this is an area that needs to be kept under review.</p>]]></content:encoded>
	<dc:date>2009-03-26T15:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2009-03-26.308.0&amp;m=302#g310.0">
	<title>Housing (Miscellaneous Provisions) Bill 2008 [Seanad]: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2009-03-26.308.0&amp;m=302#g310.0</link>
	<description>I wish to share my time with Deputy Scanlon, by agreement.</description>
	<content:encoded><![CDATA[<p pid="310.1">I wish to share my time with Deputy Scanlon, by agreement.</p>]]></content:encoded>
	<dc:date>2009-03-26T14:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2009-03-05.140.0&amp;m=302#g155.0">
	<title>Housing (Miscellaneous Provisions) Bill 2008: Second Stage.   | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2009-03-05.140.0&amp;m=302#g155.0</link>
	<description>I welcome the opportunity to speak on the Bill, which will improve housing services and delivery by giving effect to the programme for social housing measures outlined in the Delivering Homes,...</description>
	<content:encoded><![CDATA[<p pid="155.1">I welcome the opportunity to speak on the Bill, which will improve housing services and delivery by giving effect to the programme for social housing measures outlined in the Delivering Homes, Sustaining Communities policy document published in 2007.  </p><p pid="155.2">In welcoming the Bill I wish to make some comments on the homeless.  I welcome the publication of this Bill and believe, when passed, it will improve the quality of housing services provided by local authorities.  However, with constructive amendments, we can make a positive impact to end long-term homelessness.  In particular, I would like to see the provisions outlined in the Government’s programme on the homeless strategy, The Way Home, included in the Bill.  Placing the issue of long-term homelessness on a statutory footing will ensure all local authorities and statutory agencies will have to meet their commitments.</p><p pid="155.3">I would like provisions on the right to housing for those in need, a new legal definition of homelessness and a greater level of standardisation in housing needs assessment and local authority allocation schemes included in the Bill.  I ask the Minister of State to put the issue of homelessness at the heart of this Bill.</p><p pid="155.4">The standards and quality of local authority housing have improved enormously.  It is now difficult to identify whether a scheme has been built by a local authority or a private company.  Unfortunately, there are people involved in anti-social behaviour in some local authority housing schemes.  It is imperative that all of us, particularly those in local authorities, ensure people involved in such behaviour are eliminated from the communities and not allowed to destroy an entire estate or community.  Everything must be done in accordance with the law.  The new policing boards will have an important role to play and they should have an input into the assessment of the suitability of people for local authority housing.</p>]]></content:encoded>
	<dc:date>2009-03-05T15:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2009-02-10.283.0&amp;m=302#g287.0">
	<title>Nursing Homes Support Scheme Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2009-02-10.283.0&amp;m=302#g287.0</link>
	<description>I am pleased to speak on this Bill which provides the legislative basis for the new fair deal nursing homes support scheme.  Entering a nursing home or a long-term care facility can be a source...</description>
	<content:encoded><![CDATA[<p pid="287.1">I am pleased to speak on this Bill which provides the legislative basis for the new fair deal nursing homes support scheme.  Entering a nursing home or a long-term care facility can be a source of significant anxiety and upset for older people and their families, neighbours and friends.  At present, there are some 7,700 people in public long-term residential care and a further 15,200 people in private nursing homes.  The legislation will make arrangements for financial support for almost 23,000 people who need long-term, comprehensive care.</p><p pid="287.2">Under the present system of nursing home subvention, some older people and their families undergo real financial hardship to pay for the cost of care.  This can include having to sell or remortgage homes.  It can put families under major financial and emotional strain as they seek the funds to pay for an elderly person’s care; it is a particular strain on sons and daughters with young families.  Under the new fair deal people will be asked to contribute to the cost of their care according to their means.  This system is fair and it treats older people equally regardless of whether they are in public or private nursing homes.</p><p pid="287.3">Under the new arrangements people requiring residential care will be assessed to calculate their ability to contribute to care.  Under the scheme, people requiring long-term residential care will contribute 80% of their assessable income, including pensions, whether for public or private nursing home care.  Depending on the amount of a person’s assessable income, there may also be a contribution of up to 5% of a person’s assets.  The system allows for flexibility as payment can be deferred until the settlement of the person’s estate.  This is a welcome measure in the Bill.  This system is fair as no one will pay more than the cost of their care.  Furthermore, people have the freedom to choose from an approved private or public nursing home.</p><p pid="287.5">While I welcome the provision for older people in residential care, I firmly believe that if older people so wish, they should be supported to live in their own homes for as long as is possible and feasible.  I welcome the major investment in the largest expansion ever of services for older people.  A few years ago, almost no older person received nursing or therapy care at home.  This service was available only in a hospital or a nursing home.  Last year, over 10,000 people benefited from home care.  In addition to home care packages, we have expanded home help hours by more than 500,000 hours.  In 2007, approximately 53,000 people were receiving home help services.  Over 11.75 million home help hours were provided during 2007.  Since 2004, the Minister for Health and Children, Deputy Mary Harney, and the Government have increased the budget for services for older people by €540 million.</p><p pid="287.6">I welcome the increase in nursing homes in Kildare which the Health Service Executive, HSE, regularly registers and inspects.  It is good that clients can now choose their nursing home and that their families can be updated by downloading the home’s inspection reports.  In Kildare, there are more than ten nursing homes, over half of which are in rural areas.  Location is important to patients and families.  I welcome the location of nursing homes in rural areas where patients can enjoy a rural setting for their twilight years.  Patients also want to be near family and friends.</p><p pid="287.7">In my local authority area, the council has pursued a policy of refusing permission for nursing homes on the edges of towns and villages, preferring to locate them in their centres notwithstanding the success of those located in rural areas.  At the end of last year, the Minister opened a new nursing home on the edge of Maynooth which provides a quality service to that community and its patients and provides badly needed local jobs, equivalent to those provided by a medium-sized factory.  Making more beds available will free up our acute hospital beds and allow our senior citizens to live near their families and friends in comfortable surroundings.</p><p pid="287.8">Residential care facilities are very important but we must realise that only approximately 5% of older people ever need them.  They are usually required after a spell in hospital, when the patient is ready to leave the hospital but is not quite well enough to manage at home alone.  They can also be the best option for an older person who is rendered incapable of living alone by illness or disability.  I welcome the work of the hospitals, nursing staff and HSE in securing nursing home places for elderly patients.  The HSE provides a wide range of designated support for people in their own homes but at times when these people need nursing home care, it can be hard to know what is available and to what one is entitled.  The forum for older people, set up in 2006 and comprising almost all of the major national organisations with a special interest and expertise in services to older people, including the Department of Health and Children, the HSE, the National Council for Aging and Older People and many other organisations, provides a valuable service.  The forum has developed proposals for service developments which dramatically improve the quality of life of people in residential units.</p><p pid="287.9">The provision of nursing home places and home care packages is only part of a comprehensive range of services to older people.  It is important that we do not consider the service in isolation and that there are also home help and day care services, and domiciliary care centres.  Furthermore, there is also a range of primary care services such as GP services, public nursing services, etc.  We must prioritise improved support for expansion of community-based supports and improvements in the quality and availability of hospital and residential care.</p><p pid="287.10">Older people are a core priority for Fianna Fáil in Government.  Last year, for the first time, we appointed a Minister of State with cross-departmental responsibility for older people.  The health service is undergoing its biggest reform since the foundation of the State but improvements are being made.  There are real problems yet to be overcome, however, for those awaiting service and their families.</p><p pid="287.11">Contrary to some commentary, most of those working in nursing homes, hospitals and community-based facilities provide an excellent service which at times is not recognised.  We need them and it is important to recognise their service.  Sometimes we hear about hospital-acquired infection.  The Health Information Quality Authority, HIQA, national hygiene services review is welcome particularly for its findings on service delivery which validate the focus of the HSE on hygiene in the past two years.  The HSE has recently put in place a significant number of strategic, structural and governance initiatives.  Much good work has been undertaken and positive assessments made of hospital hygiene and, in particular, of service delivery areas such as hand hygiene, equipment, medical and cleaning devices.</p><p pid="287.12">The Bill is fundamental to meeting the commitment given in Towards 2016 that support should be equal for public and private care recipients.  It offered assurances to the most vulnerable groups in our society, those in need of long-term nursing home care, that such care would be, and remain, affordable as long as it was needed.</p>]]></content:encoded>
	<dc:date>2009-02-10T17:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2009-02-10.283.0&amp;m=302#g285.0">
	<title>Nursing Homes Support Scheme Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2009-02-10.283.0&amp;m=302#g285.0</link>
	<description>I wish to share time with Deputy &Atilde;� Feargha&Atilde;&shy;l.  </description>
	<content:encoded><![CDATA[<p pid="285.1">I wish to share time with Deputy Ó Fearghaíl.  </p>]]></content:encoded>
	<dc:date>2009-02-10T16:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2009-02-05.416.0&amp;m=302#g437.0">
	<title>Employment Law Compliance Bill 2008: Second Stage | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2009-02-05.416.0&amp;m=302#g437.0</link>
	<description>I welcome the opportunity to speak on the Bill, which will overhaul the State&acirc;��s employment rights framework.  It will modernise the labour inspectorate, strengthen enforcement of employment...</description>
	<content:encoded><![CDATA[<p pid="437.1">I welcome the opportunity to speak on the Bill, which will overhaul the State’s employment rights framework.  It will modernise the labour inspectorate, strengthen enforcement of employment rights and work permits, promote greater compliance in the workplace and increase penalties for employers who seek to gain advantage by denying employees their entitlements under the law.</p><p pid="437.2">The main measures proposed in the Bill include the establishment of the national employment rights authority, NERA, on a statutory basis, including appointment by the Minister of the director and a tripartite advisory board.  I agree with those who have asked if we need this additional inspectorate.  Nevertheless, the Bill will also seek to strengthen powers in the area of labour inspection including allowing the director to take evidence on oath, ensuring labour inspectors have greater access to premises, personnel and data, and empowering NERA to prosecute summary offences.</p><p pid="437.3">The Bill will also empower labour inspectors in NERA to examine employment permits and prosecute offences.  The inspectors will also be able to conduct investigations jointly with other agencies including the Revenue Commissioners, social welfare inspectors and An Garda Síochána.</p><p pid="437.4">There will be provision for greater penalties for offences arising under employment law.  Protection of whistleblowers in the event of breaches of employment law being reported in good faith will also be an element of the Bill.  The Minister should examine the penalties for first-time offences, while perhaps considering greater penalties for second offences.  Most employers respect their employees and do not intend to do them any injustice.</p><p pid="437.5">Documents must be kept by the employer in respect of the most recent three-year employment period and must be retained by employers for a further two years after the employment relationship ends.  The inclusion of this provision in the Bill is a good step.  This is significant legislation and will have a significant impact in the area of employment rights.  It is a comprehensive package and is an indication of the Government’s commitment to the principles of social partnership.</p><p pid="437.6">In the drive for greater competitiveness, there is a need to ensure that responsible employers who meet their obligations to employees will have a level playing field.  It is crucial to have fairness on all sides, both for employers and employees.</p><p pid="437.7">Public representatives get complaints because inspectors appear to turn up at employers’ premises at most unusual hours and sometimes when both the employers and their staff are extremely busy.  From my little knowledge of the Garda Síochána, when some gardaí don their uniforms or someone has the title of inspector, some of them become over zealous.  That would, however, be unfair to our good employers.</p><p pid="437.8">I welcome the fact that recently, the employer and trade union interests in the catering sector came to an agreement to fix a set of terms and conditions.  These included minimum pay rates and Sunday premium rates that will apply throughout the country.  Under the new arrangements, employment regulations orders would be made, establishing identical terms and conditions for application throughout the country.  The thinking behind this is that it will remove the disparity between the minimum statutory terms and conditions that currently apply in catering establishments in the greater Dublin area and those that apply elsewhere.</p><p pid="437.9">The agreement would also provide for the extension of a sick pay scheme to cater for workers countrywide.  Workers in the Dublin area are currently paid a minimum rate of at least time plus one third for Sunday work, while for the rest of the country work performed on a Sunday is paid at the rate of double time.  It is important to have equality on this issue.  Fairness should be the buzz word on both sides.  In this time of economic difficulty, all sides must realise that compromise is needed, that we must all work together and play our part in doing so.</p><p pid="437.10">The preliminary agreement between IBEC and SIPTU is a pragmatic and practical solution.  It shows that through partnership we can make progress.  From a broader viewpoint, taking our economy as a whole, I would urge all social partners to work together as we seek to make readjustments in line with changing times.  The fact that talks with the social partners concluded the way they did earlier this week does not sound the death knell for social partnership.  We should look at the positives — the fact that all sides agreed on what had to be achieved — and continue to seek a joint solution to the current financial situation.</p><p pid="437.11">Employers and employees have a role to play at this time.  Both sides need to be flexible and realise that compromises have to be made.  We must be realistic and understand that our country is going through a time of severe economic change.  Now is not a time for extremism on either side.  Employment has always been something that should be cherished and respected, and in these times even more so.  It not only benefits individuals but also families and communities generally.  All of us who are lucky enough to be working should appreciate that fact.  We should never forget that there are people behind those unemployment statistics.  We have always been known as a caring and practical nation, and long may that continue.</p><p pid="437.12">I have always believed that extremism of any kind is a dangerous thing.  A measured approach in life usually goes a long way.  At this time, flexibility is required from everybody as we seek to stabilise and ultimately return our country to a position of growth.</p><p pid="437.13">The Migrant Rights Centre is a national, non-governmental organisation that works with migrant workers.  They are in a vulnerable situation, particularly those who are experiencing exploitation in the workplace, trafficking for forced labour and those who are undocumented.  I am told by the centre that the exploitation of migrant workers in Ireland, particularly those in low paid, non-unionised jobs, is widespread.  Workplace exploitation constitutes a wide variety of situations, ranging from discriminatory practices in pay and conditions to forced labour.  This exploitation is particularly prominent in sectors that are poorly regulated.</p><p pid="437.14">The Bill will have a significant impact on the lives of migrant workers.  We all welcome the Government’s initiative to strengthen the enforcement of employment rights and promote greater compliance in the workplace, which adequately addresses the protection of all workers from exploitation.  It is important to protect the employment rights of undocumented workers, and the inspectorate and legal redress mechanisms must follow through on this.  This could be ensured through the Employment Law Compliance Bill.  To date, however, the inspectorate has indicated that it cannot and will not seek moneys owed to the undocumented workers.  Any bar on the recovery of lost wages by the undocumented workers would lessen the liability of unscrupulous employers and make it financially attractive to them to hire undocumented workers.</p>]]></content:encoded>
	<dc:date>2009-02-05T15:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-11-27.244.0&amp;m=302#g265.0">
	<title>Motor Vehicle (Duties and Licences) (No. 2) Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-11-27.244.0&amp;m=302#g265.0</link>
	<description>On the Continent, a driver of a battery operated vehicle can pull in and recharge it in a matter of a few minutes or have it replaced and move on.  I welcome the focus in this Bill on the...</description>
	<content:encoded><![CDATA[<p pid="265.1">On the Continent, a driver of a battery operated vehicle can pull in and recharge it in a matter of a few minutes or have it replaced and move on.  I welcome the focus in this Bill on the environment and CO2 emissions.  It is important that we highlight these issues at this time.</p><p pid="265.2">In our capital city of Dublin we have a large public transport fleet along with other transport fleets.  I do not hear a word from any of these large fleet operators on their commitment to reducing CO2 emissions.  They should be called before Oireachtas committees to discuss this issue to see how working together we can encourage large fleet owners, in particular the large bus transport operators, to reduce their CO2emissions.</p><p pid="265.3">With regard to privately owned vehicles, where families have more than one vehicle we should try to encourage them to have a battery operated vehicle as their second or third car.  These vehicles are used for short runs such as going to school, the church or shopping.  It would be a start in achieving our objective if we could encourage families to have at least one of their vehicles battery operated.</p><p pid="265.4">I welcome the ring-fencing of the funds for local authorities.  I hope we can encourage local authorities to ensure proper supervision of public funds and to get the best possible value for all the money spent, particularly with regard to road maintenance and road improvements.</p><p pid="265.5">In recent years, County Kildare has seen high-quality motorways going through the county and linking our major towns.  We also have high-quality maintenance of our minor roads.  The Government has made a commitment to local authorities to ensure adequate funding is provided.  However, local authorities never have enough and I hope that when this little recession has passed we can continue to upgrade our roads as we have done in the past.</p>]]></content:encoded>
	<dc:date>2008-11-27T12:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-11-27.244.0&amp;m=302#g263.0">
	<title>Motor Vehicle (Duties and Licences) (No. 2) Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-11-27.244.0&amp;m=302#g263.0</link>
	<description>I appreciate the opportunity to speak on the Bill, which is very important for local authorities, our environment and with regard to CO2 emissions.  The Bill is a necessary follow-up to the...</description>
	<content:encoded><![CDATA[<p pid="263.1">I appreciate the opportunity to speak on the Bill, which is very important for local authorities, our environment and with regard to CO2 emissions.  The Bill is a necessary follow-up to the finance resolution on motor tax rates and trade plate licences which was passed by the House on 5 December 2007.  This provided for only limited statutory effect and needs to be replaced by a Bill which provided a permanent legal basis.</p><p pid="263.2">The Bill will also provide statutory effect to the new CO2 based motor tax system for new and pre-owned imported cars registered on or after 1 April 2008, which was announced in the carbon budget on 6 December 2007.  This new motor tax system compliments the new CO2 based vehicle registration tax, VRT, system provided in the Finance Bill 2008.</p><p pid="263.3">The increased revenue arising will be paid into the local government fund and this is a welcome commitment in the Bill.  Since 1999, all motor tax receipts, including driving licences and so on, have been paid into the local government fund, which is supplemented by the Exchequer.  Having the fund ring-fenced exclusively for local authority purposes is extremely important.  The distribution of the fund to local authorities as discretionary grants in respect of day-to-day spending requirements and also as grants in respect of expenditure on our local and regional roads is to be welcomed.  From these increases, an estimated €40 million additional revenue will be generated in a full year for spending on our roads.</p><p pid="263.4">I welcome the Minister’s comment on local authority reform and his commitment to local authorities.  We in Kildare have for some time believed we do not receive a sufficiently large grant from this fund relative to our heavily trafficked roads in County Kildare.  I ask that the Minister look at the allocation from the fund in a different way from the current system of mileage of public roads, which would bring increased fairness and equity into the system.  I could also refer to other counties around Dublin where traffic is far heavier than it is in counties removed from the Dublin area.</p><p pid="263.5">Something in my constituency that has come to my attention recently is the number of JCB Fast Track tractors and other similar type vehicles drawing out of farms and sand and gravel pits.  They are also found at road building sites and building sites.  These vehicles can travel at 50 km/h and I understand the newer ones can do up to 60 km/h.  They draw loads of 16 to 23 tonnes and are driven by persons as young as 17 on provisional licences using green diesel which costs approximately 50 cent per litre.  I suggest the vehicle tax on this type of vehicle should be increased when they are used for the purposes of drawing loads on public roads and not being used for agricultural purposes.</p><p pid="263.6">These vehicles compete with eight wheel, four axle rigid trucks which carry a legal limit of 18 tonnes.  These lorries use white diesel which costs approximately €1 per litre and carry motor tax of approximately €2,500.  They are driven by mature drivers to keep insurance costs down.  The competition is unfair and in the present climate many of the lorries of those who were known in the past as “hackers” are lying idle in their yards.  They see this other type of vehicle being used and it is unfair competition.</p><p pid="263.7">I want to comment on vehicles which are more than 30 years old.  The reduced tax on these vehicles sends a clear signal to vehicle enthusiasts that we appreciate the important work they do in the preservation of old vehicles.  I would go further to say that the Government should grant aid communities and individuals who undertake this important preservation work on a range of vehicles, such as agricultural and motor vehicles, on condition that they make them available for public display within their communities and that the preservation work is carried out under the guidance of a recognised restorer.</p><p pid="263.8">I welcome the provisions in sections 3 and 4 for amendments to the Finance (Excise Duties) (Vehicles) Act 1952 in particular on the definition of “CO2 emissions” which will be applied directly to the finance law on the new vehicle registration tax system.  This means all relevant definitions common to the new motor tax and VRT systems are derived from the same source and ensures uniformity in both tax systems.</p><p pid="263.9">Our countryside has a good range of petrol and diesel filling stations and shops for all types of commodities.  However, the time has come to encourage a nationwide system whereby people driving battery operated vehicles can pull in, change the battery and move on.  During yesterday’s debate we were told a battery could bring us from Dublin to Galway.  Where would one go to recharge the battery?  One would have to pull in and spend five hours recharging it.</p>]]></content:encoded>
	<dc:date>2008-11-27T12:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-11-27.244.0&amp;m=302#g261.0">
	<title>Motor Vehicle (Duties and Licences) (No. 2) Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-11-27.244.0&amp;m=302#g261.0</link>
	<description>I wish to share time with Deputy Johnny Brady.</description>
	<content:encoded><![CDATA[<p pid="261.1">I wish to share time with Deputy Johnny Brady.</p>]]></content:encoded>
	<dc:date>2008-11-27T12:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-09-25.298.0&amp;m=302#g325.0">
	<title>Electoral (Amendment) Bill 2008: Second Stage (Resumed). | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-09-25.298.0&amp;m=302#g325.0</link>
	<description>I welcome the opportunity to speak on the Electoral (Amendment) Bill 2008, which will have a real and practical effect on the political system in this country. Population figures show that there...</description>
	<content:encoded><![CDATA[<p pid="325.1">I welcome the opportunity to speak on the Electoral (Amendment) Bill 2008, which will have a real and practical effect on the political system in this country.</p><p pid="325.2">Population figures show that there are some serious variances from the national average population per Deputy in a number of constituencies.  The Government has accepted the Constituency Commission’s recommendations as a single package of interlinked measures that will, in accordance with constitutional imperatives and other legal requirements, bring Dáil and European Parliament constituencies into line with prevailing population patterns.  The report that the commission returned is the best with which it could come up.  Certain Deputies, even some in my party, may not be completely satisfied with the report but they must accept that the commission was obliged to work within its statutory terms of reference.</p><p pid="325.3">Previous speakers raised a raft of issues in respect of their constituencies.  A slight change has been recommended in respect of my constituency, Kildare North.  The population of Kildare has increased by almost 14% since 2002.  The population in the county in 2006 was equivalent to 7.3 seats.  The commission suggested, as the appropriate approach on this occasion, that there be a population transfer between the two constituencies in the county in order to address the variance in Kildare South.  In recommending the addition of one seat to Kildare North, the 2003-04 commission suggested the transfer of an area in the north west of the county to that constituency and the Oireachtas made the necessary legislative provision.</p><p pid="325.4">The 2003-04 commission, in recommending the addition of a seat to Kildare North, also recommended transfer of an area in the north west of the county to that constituency from Kildare South and the Oireachtas legislated in respect of this.  The current commission recommends the transfer of a further electoral division in the north west, and one in the north east of Kildare South, from that constituency to Kildare North.  The total population will be is 1,314.  This will provide Kildare North with a percentage variance of plus 4.2% from the national average population per Deputy.</p><p pid="325.5">I accept that there are Deputies who will be more severely affected by the proposed changes.  However, I genuinely urge them to support the commission’s report.  It is very important that we maintain the long-established practice of implementing the recommendations of constituency commissions in full.  To reject some of the commission’s recommendations would be to revert to the partisan approach of the past, when constituency revisions were seen as having been framed to secure political advantage for the Government of the day.  Those days are long gone.</p><p pid="325.6">Mr. Justice Clarke’s judgment last year emphasises the urgent obligation on the Oireachtas to revise constituencies as soon as it becomes clear from a census that existing constituencies no longer have the level of proportionality that the Constitution requires.  We have all had time to review the examples of the serious disparities that occur in some constituencies and we now have the opportunity to act and deal with these.  In a judgment handed down in the O’Donovan case, Mr. Justice Budd of the High Court stated:</p><p pid="325.7">. . . although a system in the main based on counties has in fact been adopted, there is nothing in the Constitution about constituencies being based on counties. The Constitution does not say that in forming the constituencies according to the required ratio, that shall be done so far as is practicable having regard to county boundaries.</p><p pid="325.8">When it comes to politics — as opposed to matters relating to the GAA — county boundaries are not sacrosanct.  Rather, it is those we represent who must come first when constituencies are being drawn up.  As far as possible, the proportionality of constituents per Deputy must be maintained at a level that best serves the people.  We must look beyond county loyalties and focus instead on our loyalty to best serving our constituents, regardless of the county in which they may reside.</p><p pid="325.9">The Bill brings forward significant and worthwhile improvements to the processes followed by constituency commissions in their work, as well as putting in place measures to facilitate the holding of the upcoming European and local elections.  It is an essential item of legislation and I urge Members to support it.</p><p pid="325.10">It is good that we are engaged in a debate on matters of this nature.  What we are doing here today is keeping the wheels of democracy in motion and ensuring that the most efficient political model possible operates in this country.  By passing the Bill we will ensure that our constituents are served to the best degree possible under our political system.  We are here to serve the people.  In a time of much cynicism regarding politics and politicians, the Bill allows us to show members of the public that we have their best interests at heart.</p><p pid="325.11">I thank the commission for the work it has done.  I acknowledge that it had a difficult task. It is in all our interests that the Bill be passed.</p>]]></content:encoded>
	<dc:date>2008-09-25T15:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-07-01.807.0&amp;m=302#g854.0">
	<title>Intoxicating Liquor Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-07-01.807.0&amp;m=302#g854.0</link>
	<description>It is important that security people be courteous and understanding of young people.  They must not be seen as targets or as the sole abusers of alcohol.  Many older people are also abusers, but...</description>
	<content:encoded><![CDATA[<p pid="854.1">It is important that security people be courteous and understanding of young people.  They must not be seen as targets or as the sole abusers of alcohol.  Many older people are also abusers, but young people appear to be the main targets.  We should also investigate the labelling of alcohol products, as for tobacco products, to show the consequences of overindulgence.</p>]]></content:encoded>
	<dc:date>2008-07-01T21:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-07-01.807.0&amp;m=302#g852.0">
	<title>Intoxicating Liquor Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-07-01.807.0&amp;m=302#g852.0</link>
	<description>I welcome the Bill as presented by the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern.  I also welcome the changes made by the Minister following extensive consultations....</description>
	<content:encoded><![CDATA[<p pid="852.1">I welcome the Bill as presented by the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern.  I also welcome the changes made by the Minister following extensive consultations.  Ireland’s place on the European alcohol league table is not something of which we should be proud.  While the Bill does not address all our ills, it goes a long way to addressing the areas examined last January by the alcohol advisory group established by the Government.  It is essential that we all sign up to this legislation and help to implement it in an effective manner.</p><p pid="852.2">I wish to raise a number of specific issues.  I welcome the proposed penalties to deal with rogue traders, publicans and off-licences that sell alcohol to young people.  Another problem referred to is that of people drinking at home and then going to the pub for the last hour.  It is difficult for publicans to identify such people.  This issue needs to be addressed.</p><p pid="852.3">I am glad the Minister has decided not to include in the Bill a proposal to separate or fence-off drinks and customers and that people will continue to be able to browse and make their own choices before purchasing.  I hope the trade will, during the next year or so, introduce a voluntary code in this regard thus meaning the Minister will not have to make regulations in this area.</p><p pid="852.4">Excessive consumption of alcohol causes serious issues for families and accident and emergency departments.  It results in anti-social behaviour generally and absenteeism, all at substantial cost to taxpayers.  I see merit in the Minister providing in future legislation for manufacturers, vintners organisations, wholesalers and the trade to pay a levy into a fund which could be used to treat people affected by alcohol.  This type of support by the trade would be equally as beneficial as its existing support for sporting organisations.</p><p pid="852.5">A need exists also to recognise the great work being done by various groups and organisations, many of them voluntary organisations, including Alcoholics Anonymous.  I pay particular tribute to Sister Concilio at Chuain Mhuire, Athy, County Kildare for the work she is doing.  A fund sponsored by the trade would provide badly needed funds to these organisations which must depend on the State and voluntary sector.</p><p pid="852.6">Young people should be educated about the dangers of excessive indulgence in alcohol.  A module in the transition year programme for second level students and in the back to education and outreach programmes could be very helpful in this regard.  Indeed this type of programme could be extended to the workplace and could result in a decrease in instances of alcohol related illnesses and absenteeism.</p><p pid="852.7">Licensees should be fully aware that their licences are a valuable commodity which must be respected.  Publicans should carry out their business in an orderly and reasonable manner.  They should recognise their responsibility to ensure they and their employees take all reasonable steps to ensure they are fully compliant with the legislation.  These regulations must apply also to those who lease premises.</p><p pid="852.8">Local authorities have introduced by-laws in towns and villages preventing the consumption of alcohol in public places.  These by-laws have played an important role in the prevention of anti-social behaviour.  I welcome the new arrangement whereby applicants must apply to the District Court rather than the Revenue Commissioners for various licences.  This will ensure more transparency in this area.  The grounds on which an objection may be made to the granting of a District Court certificate for an off-licence are to be extended to include consideration of neighbourhood needs and the existing number of licences in the area.</p><p pid="852.9">Another issue which the Minister should examine and which is not dealt with in the Bill is that of pleasure boats with a full public house licence travelling back and forth daily on our waterways.  Applicants for licences of this type should also go before the District Courts.  I welcome the inclusion in the Bill of provisions regarding the introduction of CCTV in certain venues.  A programme of spot-testing for this service would be helpful to ensure the equipment is in good working order.  Similarly, the test purchasing of alcohol by gardaí is welcome, as is the fact that gardaí will have the power to seize bottles, cans and containers where there is reasonable apprehension of public disorder and to ask people to leave an area in a peaceful and orderly manner.</p><p pid="852.10">Nothing in this Bill has a detrimental effect on rural pubs, which is welcome.  In rural areas the pub is not just a place to drink.  There is no place like a good Irish pub and, dare I say, there is nothing like a good Kildare pub.  The Bill will reduce the threat of public order offences arising from the over-consumption of intoxicating liquor.  I welcome the introduction of identification cards, particularly those issued by Garda liaison officers, which have played a major part in preventing under age drinking and improving the quality of life of those affected by it.</p><p pid="852.11">I suggest that in future Bills we introduce regulations with regard to staff and security personnel who must deal with young people on licensed premises.</p>]]></content:encoded>
	<dc:date>2008-07-01T21:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-07-01.807.0&amp;m=302#g850.0">
	<title>Intoxicating Liquor Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-07-01.807.0&amp;m=302#g850.0</link>
	<description>I wish to share time with Deputy Michael McGrath.</description>
	<content:encoded><![CDATA[<p pid="850.1">I wish to share time with Deputy Michael McGrath.</p>]]></content:encoded>
	<dc:date>2008-07-01T21:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-05-01.148.0&amp;m=302#g159.0">
	<title>Chemicals Bill 2008: Second Stage | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-05-01.148.0&amp;m=302#g159.0</link>
	<description>I remember it well.</description>
	<content:encoded><![CDATA[<p pid="159.1">I remember it well.</p>]]></content:encoded>
	<dc:date>2008-05-01T14:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-05-01.148.0&amp;m=302#g157.0">
	<title>Chemicals Bill 2008: Second Stage | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-05-01.148.0&amp;m=302#g157.0</link>
	<description>I welcome the opportunity to speak on the Chemicals Bill.  It fulfils a commitment under the programme for Government to implement the European Union regulatory framework governing the...</description>
	<content:encoded><![CDATA[<p pid="157.1">I welcome the opportunity to speak on the Chemicals Bill.  It fulfils a commitment under the programme for Government to implement the European Union regulatory framework governing the manufacture and use of chemicals and does not impact on the competitiveness of our economy.  The Bill will put in place an administrative framework for the enforcement of various pieces of EU chemicals legislation.  It includes no substantive rules on chemicals because they are already contained in the EU regulations, which are directly applicable in Ireland.</p><p pid="157.2">The measures proposed in the Bill include the designation of national authorities, including the Health and Safety Authority, the Environmental Protection Agency, the Minister for Agriculture, Fisheries and Food, the Minister for Health and Children, and the Revenue Commissioners, to be responsible for specific areas of enforcement that draws on the most relevant expertise and areas of competence across the system.  The Bill also proposes co-operation arrangements for national authorities to carry out joint enforcement activities to ensure the best use of our resources.  It will minimise administrative costs to business since it provides for strong co-operation between national authorities, and it provides for authorities to share information with each other and with authorities in other EU member states.  The Bill also proposes a range of enforcement powers aimed at encouraging compliance and discouraging non-compliance, including the issuing of directions for improvement plans, the issuing of contravention notices and prohibition notices, and powers to apply to the courts for orders prohibiting certain activities.</p><p pid="157.3">I welcome the provision in the Bill for substantial penalties, including up to a fine of €5,000 and six months’ imprisonment for summary offences, a fine of €3 million and two years’ imprisonment for indictable offences, and the on-the-spot fines of up to €2,000 for minor offences.  I also welcome the provision for making public certain information in the interests of protecting human health or the environment.  This is an important element of the bill, as is the protection of whistleblowers in the event of breaches of chemicals law being reported in good faith.</p><p pid="157.4">The two main policy objectives of the Bill are to achieve a high level of compliance and to minimise the administrative cost to industry.  To achieve these objectives, the Bill aims to provide a clear regulatory framework for business and to increase co-operation between the various national authorities involved in enforcement.  This will support high levels of compliance and should alleviate any unnecessary administrative costs to business.</p><p pid="157.5">A regulatory impact analysis considered the costs and benefits likely to arise from a number of options regarding the enforcement of current and pending EU chemicals regulations.  The analysis concluded that the principal benefits of the Chemicals Bill should be high levels of compliance, reduced administrative costs to business, increased co-operation between the various national authorities involved in enforcement and a coherent legal framework.  Industry will benefit by having a clear regulatory framework in which to operate.  The Bill provides for increased co-operation among national authorities and between national authorities and authorities in other member states, and enforcing a number of different pieces of legislation under the one Bill has the potential to minimise administration costs and will be of benefit to industry.  In the course of inspections, national authorities could check compliance with all legislation in the scope of the Bill at the same time, thereby saving industry time and money.  Increased co-operation among national authorities and agencies, such as the HSA, the EPA, the pesticide control service and Customs and Excise, should also facilitate a greater level of information exchange and should minimise the need for individual businesses to supply the same information to a number of different bodies.</p><p pid="157.6">The costs associated with public health and environmental remediation would be significantly reduced by a high level of compliance with this chemicals legislation.  The reputation of the State will benefit from introducing the regulatory regime.  The provisions to make replacement regulations for the Seveso or control of major accident hazards regulations should result in a clearer enforcement framework.  This should result in increased compliance with the regulations and a consequent lower risk of major accidents occurring.  The Chemicals Bill will have no negative impact on national competitiveness.  On the contrary, there should be a benefit to national competitiveness arising from the improved regulatory efficiency it aims to introduce.</p><p pid="157.7">Compliance with the new chemicals regime by industry should result in better management of the risks associated with the use of chemicals and therefore a positive longer-term environmental impact.  A positive impact on customers and competition can be expected as the Chemicals Bill contains provisions to ensure better information on chemicals for customers.  Benefits will arise from co-operation and mutual assistance arrangements among the national authorities under the Bill and competent authorities in Northern Ireland and the UK, thus having a positive impact on North-South and east-west relations.  The Health and Safety Authority has already taken part in joint awareness raising and training initiatives.</p><p pid="157.8">The only compliance burden with this Bill is the cost of facilitating inspections and compliance checks.  These are already borne by industry in facilitating inspections and checks under existing health and safety and environmental legislation.  The policy objective is to minimise the administrative cost to industry.  The Bill provides for compliance approaches that emphasise measures that fall short of prosecution.  These include serving a direction for an improvement plan, which will require the submission within one month of an improvement plan setting out how the company proposes to address the risk that is the subject of the plan.  Enforcement notices may also be served to deal with a failure to comply with the law.  A contravention notice will give a period of time for the matter to be remedied, and a prohibition notice will require that the activity that has created the risk to human health or the environment is stopped immediately.  The Bill also provides for application to the High Court for an order prohibiting or restricting the activity.</p><p pid="157.9">Deterrence approaches that are penal and use prosecutions in order to deter future breaches include provision for specification in regulations of fixed payment notices for summary offences, the prosecution of offences in either the District or Circuit Courts and the publication of the names and addresses of those subjected to a prohibition notice, High Court order or a penalty following a court conviction.</p><p pid="157.10">The three EU regulations being given further effect by the Bill are as follows: the EU REACH regulation, the EU regulation concerning the export and import of certain dangerous chemicals under the Rotterdam convention and the EU detergents regulation.  The EU detergents and export-import regulations are currently subject to enforcement measures in different statutory instruments, which will be repealed in due course.</p><p pid="157.11">I congratulate the Minister on introducing the Bill, and I wish it a speedy passage through the House.</p>]]></content:encoded>
	<dc:date>2008-05-01T14:00:00+00:00</dc:date>
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<item rdf:about="http://www.kildarestreet.com/debates/?id=2008-02-27.627.0&amp;m=302#g663.0">
	<title>Student Support Bill 2008: Second Stage (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2008-02-27.627.0&amp;m=302#g663.0</link>
	<description>I welcome the opportunity to speak on the Student Support Bill 2008, which provides for a single unified statutory grants scheme to replace the four existing schemes and places the scheme on a...</description>
	<content:encoded><![CDATA[<p pid="663.1">I welcome the opportunity to speak on the Student Support Bill 2008, which provides for a single unified statutory grants scheme to replace the four existing schemes and places the scheme on a statutory footing.  I welcome the proposal to bring unity, clarity and efficiency to the entire provision of the student grants scheme.  The Bill defines and clarifies common terms, while making extensive provision for appeals to an appeals officer and independent appeals board.  These provisions will act as a guarantee that transparency and fair play will prevail.</p><p pid="663.2">In awarding sole responsibility for grant payments to vocational education committees, the Minister has extended a vote of confidence in the capacity of VECs to deliver an efficient and effective service.  As locally based statutory education authorities, I have every confidence in VECs to deliver when it matters, although I am concerned about the lead-in timeframe for introducing such a complex delivery structure.</p><p pid="663.3">Public funding for attendance at approved courses by means of VEC student grants is an essential support to deserving students.  It is also a recognition that further and higher education courses will play a pivotal role in meeting the State’s explicit objective of upskilling up to 500,000 people by at least one level on the national qualifications framework before 2020.  Access to further education must be available to all on an equal basis if we, as a nation, are to deliver on equal opportunity for all.  The legislation underpins in law our commitment to support all deserving students in terms of upskilling, retraining and advancing educational qualifications.</p><p pid="663.4">Given that educational programmes must remain relevant, I welcome the provision to keep courses under annual review.  The ongoing review of the performance of the granting authorities will satisfy the need for public accountability and is a welcome element of the Bill.</p><p pid="663.5">Over the years, much concern has been expressed regarding the rights of students to apply for grant aid.  The Bill recognises the need to clarify recognition and residency rights.  Moreover, it sets out the criteria for eligibility for a grant.  This detail is also welcome as it affords clarity regarding a person’s rights of qualification.</p><p pid="663.6">I am particularly pleased at the provision placing an obligation on all parties — the applicant, awarding body and Minister — to fulfil their respective roles and obligations.  I am sure the basis of any appeal will focus on these particular provisions.</p><p pid="663.7">While the penalties provided are harsh, this measure is necessary to ensure legal compliance with procedures and legislative provisions.  As a former student, member and chairman of a vocational education committee, I have been involved in the VEC sector for many years and have every confidence in its ability to deliver grant support for students.</p><p pid="663.9">I compliment the Irish Vocational Education Association, IVEA, and its general secretary, Mr. Michael Moriarty, who has had extensive negotiations with departmental officials to prepare for the implementation of the legislation, once enacted.  I acknowledge the great work the IVEA has done over the years and look forward to the legislation delivering a successful outcome that will result in an efficient and effective statutory scheme.  I also acknowledge the important role public representatives, students and teachers have played in the administration of vocational education committees.  I pay particular tribute to the key role played by parents and voluntary and statutory agencies.  The Department, in transferring responsibility for the student grant scheme to the VECs, will be well served in future.  I extend my good wishes to all those involved in the preparation and delivery of the Bill.</p>]]></content:encoded>
	<dc:date>2008-02-27T19:00:00+00:00</dc:date>
</item>
<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-12-13.161.0&amp;m=302#g181.0">
	<title>Legal Practitioners (Irish Language) Bill 2007: Second Stage | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-12-13.161.0&amp;m=302#g181.0</link>
	<description>It is nice to follow Deputy Byrne who is well-qualified to speak on this issue because of his background in the legal profession.  The Bill requires that the King&acirc;��s Inns and the Law Society...</description>
	<content:encoded><![CDATA[<p pid="181.1">It is nice to follow Deputy Byrne who is well-qualified to speak on this issue because of his background in the legal profession. </p><p pid="181.2">The Bill requires that the King’s Inns and the Law Society shall have regard to Government policy on bilingualism.  These new arrangements will involve a significant improvement in the teaching of Irish by King’s Inns and the Law Society and a much more effective way of achieving the Government’s Irish language objectives.  This Bill will provide for a significantly higher standard of proficiency in Irish in the legal profession than is delivered under existing statutory provisions, thereby ensuring that all persons wishing to exercise their constitutional right to use Irish in proceedings before the courts can do so.</p><p pid="181.3">The Bill requires the King’s Inns and the Law Society to take reasonable steps to ensure that an adequate number of barristers and solicitors are able to practise the law through the Irish language and that they hold courses on Irish legal terminology and the understanding of legal texts in the Irish language to enable practitioners to identify the nature of the service being sought and, where appropriate, to facilitate a referral to a practitioner competent to provide a service through Irish.  The King’s Inns and the Law Society will also establish advanced courses on the practice of law through the Irish language as optional subjects in their professional training courses.  This advanced course would be open to others who are not students but who wish to obtain competence enabling them to practice law through Irish.</p><p pid="181.4">Examinations in the practice of law through Irish will be held at least once a year and only those persons who have undertaken the advanced course will be permitted to sit the examinations.  There will be an Irish language register of those solicitors who have chosen to undertake the additional new advanced course, passed a new examination in the practice of law through Irish and have been recognised as a solicitor competent to advise clients, prepare documents and conduct court proceedings in Irish.  There will also be a register of competent barristers who have taken the new advanced course, in the practice of law through Irish, and are able to provide their services in Irish.  Both bodies will be required to submit annual reports to the Minister for Justice, Equality and Law Reform on the operation of the new arrangements.</p><p pid="181.5">Commenting on the publication of the Bill, the Minister for Community, Rural and Gaeltacht Affairs, Deputy Éamon Ó Cuív said that “for many years, the passing of the tests specified in either the 1929 or 1954 Solicitors Acts did not signify an ability to carry out business through Irish”.  A member of the public will be able to consult any solicitor and barrister who has undertaken the new courses in legal terminology and the understanding of legal texts in the Irish language.</p><p pid="181.7">The two exams in place were in the Irish language generally and courses to prepare for exams were a private matter for the trainee solicitor.  In future the solicitor with the basic level of competence in legal terminology in Irish will be able to recognise the type of services required and to refer his or her client to a solicitor registered as competent to provide legal services in Irish.  The reality was that for many years, the passing of the tests specified in either the 1929 or 1954 Solicitors Acts did not signify an ability to carry out business through Irish.  With the proposed changes in education and qualification, a number of practitioners will now be available who will be competent to conduct business in the courts through Irish.  The keeping of a register of such qualified practitioners will facilitate ease of access by the practitioners and public alike to services through Irish, thus assisting implementation in practice of the provisions of the Official Languages Act 2003.</p><p pid="181.8">The Government published its statement on the Irish language in December 2006.  The statement provides for the development of a 20 year strategy for the Irish language based on the objectives set out in it.  It is intended that the Government’s policy statement will be the foundation for practical action for supporting and promoting the Irish language, based on a modern approach and an integrated strategy.</p><p pid="181.9">The Government’s policy is to increase awareness and use of the Irish language as a community language on a phased basis.  Its specific aim is to ensure that as many of our citizens as possible are bilingual in Irish and English.  The intention is not to displace the English language but to strengthen the Irish language.  In many European countries, it is normal that people are bilingual and the vision for Ireland is similar, with both English and Irish being widely used on a daily basis throughout the country.</p><p pid="181.10">During the course of 2007, the Department of Community, Rural and Gaeltacht Affairs has engaged in a public procurement process regarding the appointment of consultants to advise in respect of the strategy.  This process is nearing completion and it is expected that consultants will be appointed by the end of the year.  It is envisaged that the strategy will be completed by December 2008.</p><p pid="181.11">It is important to remember that much has been achieved with regard to the Irish language and in Gaeltacht areas in recent years.  The Official Languages Act 2003 was passed by this Government to ensure Irish speakers are not compelled to abandon use of the language when availing of public services.  Irish is now one of the official working languages of the EU and the number of Údarás na Gaeltachta supported jobs increased again in 2006.</p><p pid="181.12">A fund of €1 million was set up to support specialised third level courses through Irish and according to the Department of Community, Rural and Gaeltacht affairs the number of students involved in such courses in 2006 was the largest ever.</p><p pid="181.13">Mná tí provide accommodation for Irish language students in the Gaeltacht and the grant for them was increased greatly.  Tax relief was given on the income they receive for providing this accommodation and for the first time a larger grant was provided for students with disabilities.</p>]]></content:encoded>
	<dc:date>2007-12-13T14:00:00+00:00</dc:date>
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<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-11-22.97.0&amp;m=302#g126.0">
	<title>Climate Change and Energy Security: Statements | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-11-22.97.0&amp;m=302#g126.0</link>
	<description>As a member of the Joint Committee on Climate Change and Energy Security, I welcome the opportunity to contribute to this debate.  Our planet is warming up and our climate is changing because of...</description>
	<content:encoded><![CDATA[<p pid="126.1">As a member of the Joint Committee on Climate Change and Energy Security, I welcome the opportunity to contribute to this debate.  Our planet is warming up and our climate is changing because of man-made emissions of greenhouse gases.  Many human activities — manufacturing, farming, driving our cars and heating our homes — are responsible for generating greenhouse gases.  The resulting gases such as carbon dioxide and methane are contributing to a gradual warming of the planet.  This warming is already disrupting climate patterns and without strong counter-measures, it will intensify.  In Ireland we are threatened with wetter winters, increased flooding and summer droughts.  Rising sea levels will increase risks to our coastal cities, towns and villages and we will experience more intense storms.  This is the doomsday scenario that the experts are telling us will come about, unless we begin to combat the effects of climate change.</p><p pid="126.2">The national climate change strategy sets out, in a detailed and specific way, the comprehensive measures the Government has put in place to enable Ireland to meet its targets under the Kyoto Protocol.  The strategy brings together the range of actions being taken by the Government to reduce Ireland’s greenhouse gas emissions.  It provides the necessary overall Government co-ordination to meet Ireland’s Kyoto Protocol commitments and builds on progress made since the original national climate change strategy was published in 2000.</p><p pid="126.3">The strategy contains measures relating to all sectors of the economy, including energy, transport, agriculture, the residential sector and businesses.  It includes existing measures put in place on foot of the previous national climate change strategy and, subsequently, through the National Development Plan 2007-2013, Transport 21, the White Paper on Energy and the bioenergy action plan.  It also includes a series of additional measures to deliver the overall objective of putting Ireland on a path towards a low carbon economy.</p><p pid="126.4">The strategy shows that the total contribution of measures adopted by the Government will account for 80% of the effort that Ireland will need make in order to meet its Kyoto Protocol commitments.  The remaining 20% will be made up by Ireland’s use of the flexible mechanisms.  These will allow parties to the Kyoto Protocol to support the development of clean technology in the developing world in return for emissions credits.  A sum of €270 million has been allocated under the National Development Plan 2007-2013 for investment in such projects over the lifetime of the strategy.</p><p pid="126.5">The Carbon Fund Bill will provide the necessary legislative underpinning for the National Treasury Management Agency to undertake its role as purchasing agent on behalf of the State.  The public sector will be required to measure, report and reduce its emissions.  Public sector bodies will have specific targets to reduce their emissions and will be required to indicate progress in their annual reports.  The Government will require the exclusive purchase of energy efficient light bulbs for use by public bodies by the end of this year.  It is planned that the Government will publish another climate change strategy for the period to 2020, when Ireland’s post-2012 commitments are known.</p><p pid="126.6">The current strategy sets out, on a sectoral basis, a combination of existing and additional measures that will reduce Ireland’s greenhouse gas emissions by over 17 million tones of carbon dioxide equivalent in the period 2008-12.  Additional measures for the purposes of the strategy encompass policies and measures adopted since the previous projections were completed for the Government in March 2006.</p><p pid="126.7">Ireland is playing its part and will meet its commitments under the Kyoto Protocol.  However, this is just the first step.  The international community is working towards an agreement on strengthened global action to control emissions.  This will follow on from the Kyoto Protocol.  The European Union, including Ireland, has already committed to further significant reductions in emissions by 2020.  Achieving these reductions will require sustained effort.  All of us — the Government, public authorities, businesses, farmers, families and individuals — must play a part.  Working together we can achieve our targets without compromising competitiveness, economic performance or quality of life.  We will benefit from harnessing more renewable energy, using energy more efficiently and embracing low carbon technologies.</p><p pid="126.8">Under the Kyoto Protocol, Ireland must limit the growth in its emissions to 13% above 1990 levels over the 2008-12 period.  Measures already in place and additional measures outlined in the national climate change strategy will effectively reduce our overall emissions from almost 80 million tonnes of CO2 equivalent per year to our Kyoto Protocol target of 63 million tonnes.</p><p pid="126.9">The national climate change strategy 2007-12 builds on Ireland’s first such strategy and its purpose is to show clearly the measures by which Ireland will meet its 2008-12 Kyoto Protocol commitments, to illustrate how these measures will position us for the post-2012 period and to identify the areas in which further measures are being researched and developed to enable us meet our eventual 2020 commitments.</p><p pid="126.10">We must reduce our heavy reliance on fossil fuels and expand the use of renewable energy sources such as wind, wave and solar power and biomass.  The aim is to source 15% of electricity from renewable energy by 2010 and 33% by 2020.  The strategy will promote using energy more efficiently and further reduce the CO2 output of large industrial plants through their participation in the EU emissions trading scheme.  Grant schemes are supporting homeowners and businesses to switch to renewable energy and planning changes have made it easier to install solar panels and small wind turbines.</p><p pid="126.11">Information on how householders can save energy is being provided through the ongoing energy efficiency Power of One campaign.  Traditional, incandescent light bulbs will be phased out and the use of more energy efficient alternatives encouraged.  Smart meters which offer greater energy saving opportunities will be supplied to all electricity customers.</p><p pid="126.12">While the energy efficiency of the economy has increased, Irish business and industry can and will do more.  Further efficiency gains are achievable.  Agriculture and forestry can make a big contribution to reducing greenhouse gases.  The strategy envisages considerable expansion of forestry and energy crops, continued support for these industries and incentives for farmers to become involved.  Agriculture is also a significant source of greenhouse gases and is responsible for 28% of Ireland’s overall emissions.  The strategy is targeting further reductions through improved environmental management on farms, with reduced fertilizer use and better manure management.</p><p pid="126.13">Climate change cannot be ignored.  We have the strategies in place and must now enact them in order to ensure future generations will reap the benefits.</p>]]></content:encoded>
	<dc:date>2007-11-22T13:00:00+00:00</dc:date>
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<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-11-14.568.0&amp;m=302#g618.0">
	<title>Child Care: Motion (Resumed) | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-11-14.568.0&amp;m=302#g618.0</link>
	<description>I am delighted to speak on this issue.  I am proud to have been involved from a early stage in the provision of a child care facility in north-west Kildare.  In 2003, when the idea was thought...</description>
	<content:encoded><![CDATA[<p pid="618.1">I am delighted to speak on this issue.  I am proud to have been involved from a early stage in the provision of a child care facility in north-west Kildare.  In 2003, when the idea was thought up, most people thought we were mad even to suggest it in a rural area.  The centre was opened in 2005 following the expenditure of €2.5 million.  It now caters for 51 full-time places with 60 seasonal places and the entire community realises the benefit of it.</p><p pid="618.2">We can probably all agree on two things, first, that there is no quick-fix solution to the problem of child care and, second, that the aim of the Government must be to help the most disadvantaged children get a better start in life.  Child care costs are frequently raised by many working class families in my constituency.  Few issues resonate with so many young people from all walks of life in communities across the country.</p><p pid="618.3">Last year I was very proud when the Minister of State with responsibility for children, Deputy Brendan Smith, came to Kildare in his then role of Minister of State with responsibility for horticulture.  He took time out to visit the child care centre in Allenwood and to meet the staff and children, which gave them a boost of confidence in the work they were doing.</p><p pid="618.4">The public policies pursued by the Government on child care have had major repercussions throughout society.  Our policy has impacted on the role of women in the workplace, on the labour market and, in general, on the course of educational and social achievement.</p><p pid="618.5">Community child care has an important role to play within communities.  While the staffing grants have been most generous, many child care facilities did not implement the tiered structure that was originally intended and this is causing problems now.  I am pleased the Minister has introduced a commencement date of mid-2008, which gives all of the people involved time to put their house in order.  I appeal to those who run crèches and who have not yet done so to submit the forms requested by the Department for the assessment that it is carrying out.</p>]]></content:encoded>
	<dc:date>2007-11-14T19:00:00+00:00</dc:date>
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<item rdf:about="http://www.kildarestreet.com/debates/?id=2007-06-28.76.0&amp;m=302#g111.0">
	<title>Roads Bill 2007 [Seanad]: Second Stage | D&amp;aacute;il debates</title>
	<link>http://www.kildarestreet.com/debates/?id=2007-06-28.76.0&amp;m=302#g111.0</link>
	<description>The Government is embarking on the largest and most ambitious investment in our national infrastructure.  Under Transport 21, &acirc;�&not;10 million will be invested every day for ten years.  This &acirc;�&not;34...</description>
	<content:encoded><![CDATA[<p pid="111.1">The Government is embarking on the largest and most ambitious investment in our national infrastructure.  Under Transport 21, €10 million will be invested every day for ten years.  This €34 billion investment is transforming infrastructure with an investment of €18 billion in the road-building programme and €16 billion in public transport.</p><p pid="111.2">From 1997 to 2006, 191 km of new motorway and 479 km of new dual and single carriageways were built.  Of this, 100 km were completed in 2006.  In 2007, €1.5 billion will be invested in the national road network with a total of 673 projects.  Spending on non-national roads at €607 million in 2007 means that over €2.1 billion a year will be invested in new and improved roads.  This amounts to €178 million a month.</p><p pid="111.3">There has been criticism from some quarters that it is taking too long to build up the transport infrastructure.  No Government has ever built on the scale of the Fianna Fáil-led Government.  While some projects have come in behind schedule, others are ahead of schedule.  A combination of several significant initiatives is delivering major road projects faster, in budget and, in most cases, ahead of schedule.  These initiatives include securing agreement on multiannual investment plans that guarantee State investment, greater efficiencies in construction, a competitive edge introduced by the involvement of international consortia and the development of a dedicated skills base in construction firms.  The steady pace at which projects are going through the planning process means there will be a reserve of projects that can be quickly elevated to the tender and construction stage.  Increasingly, the trend is towards the completion of major stretches of motorway and dual carriageways ahead of schedule.</p><p pid="111.4">The Roads Bill is predominantly concerned with the introduction of barrier-free tolling on the M50.  Many Dubliners and constituents in Kildare North are too familiar with traffic problems on the M50.  The population of Kildare has risen by over 23,000 people since 2002.  This large rise in population, in addition to a dramatic increase in the number of cars on roads, has meant commuting to Dublin takes its toll on many young working families.  The introduction of barrier-free tolling will ease journey times for many people.</p><p pid="111.5">The move to barrier-free tolling on the M50 is the most modern way of dealing with large volumes of traffic.  The upgrading of the M50 from two to three lanes is also vital and will allow the motorway deal with 50% more traffic, as well as alleviating congestion in and around Dublin and on the N3, N4 and N7.</p><p pid="111.6">While the cost of the buy-out has been the subject of criticism, a contract was in place with NTR until 2020.  The buy-out means that, on behalf of the taxpayer, the Government will ensure NTR does not get the benefit of the €1 billion investment on the M50 which will see its capacity increase by 50%.</p><p pid="111.7">The road-building programme is eliminating bottlenecks, alleviating congestion, reducing journey times and increasing road safety.  In County Kildare, examples include the Naas Road upgrade and the Monasterevin, Kildare and Kinnegad bypasses.  Next year work will begin on the Carlow bypass, providing more benefits to County Kildare.  A modern efficient road network is vital for our continued prosperity.  Transport 21 and the development of a high quality road infrastructure will support competitiveness, create jobs and facilitate regional development.  It will also lead to better road safety.  I congratulate Kildare County Council for its recent approval of material contravention for a service area on the M7 at Monasterevin.</p>]]></content:encoded>
	<dc:date>2007-06-28T13:00:00+00:00</dc:date>
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