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Order of Business (23 Jun 2009)

Brian Cowen: If it were left up to me alone there would be no problem.

Order of Business (23 Jun 2009)

Brian Cowen: A request has been made to the Vietnamese Government to enter into an interim international adoption agreement and we are awaiting a reply. That request is now a matter for the Vietnamese Government and as such it would be improper for the Irish Government to seek to influence or to interfere with that decision-making process. However, the Minister of State with responsibility for children...

Order of Business (23 Jun 2009)

Brian Cowen: I have dealt with this matter on a number of occasions this evening. It is not a mistake to ensure we have a statutory basis to take up debt securities over a period which puts us in line with our competitors. There is nothing wrong with that.

Order of Business (23 Jun 2009)

Brian Cowen: This is what we are considering tonight in respect of that part of the legislation. In respect of subsequent statutory instruments that require EU state-aid rules approval from the Commission and must be brought before the House, there will of course be an opportunity to discuss that detail in that context at that time. The problem at present is that we need to give a proper statutory basis...

Order of Business (23 Jun 2009)

Brian Cowen: The Deputy has brought to my attention that some statements have been made but I am sure the Minister for Justice, Equality and Law Reform, will consider what appropriate action he can take in this matter.

Leaders' Questions (23 Jun 2009)

Brian Cowen: As the Deputy is aware, the Attorney General has given his advice, having regard to the Constitution. As the Deputy is also aware, the case law interpreting that advice is confidential. The decision not to impose the pension levy on judges was made on the basis of that advice. The wording of Article 35.5 is clear. In express terms it imposes a prohibition on the reduction of a judge's...

Leaders' Questions (23 Jun 2009)

Brian Cowen: Deputy Kenny has taken five sides of the argument and I do not know which side he is on at present.

Leaders' Questions (23 Jun 2009)

Brian Cowen: The position of the Attorney General, as I have outlined, is clear. He is the adviser to the Government on the Constitution and legal matters generally. It is not open to the Government to act in a way that it is advised would not be in line with the Constitution. That is a basic procedure of government. The advice was based on the case law and the clear wording of the Constitution...

Leaders' Questions (23 Jun 2009)

Brian Cowen: The provisions to which Deputy Gilmore refers amending the bank guarantee scheme legislation, the Credit Institutions Financial Support Act 2008, in order to facilitate long-term debt issuance by the banks of up to five years, in accordance with the findings of a review of the guarantee, was signalled in the supplementary budget as far back as 7 April. There is no question of something...

Leaders' Questions (23 Jun 2009)

Brian Cowen: There is a need to deal with this matter because we have limited our bank debt guarantee to September 2010. Five year money securities are becoming available on money markets that we cannot take because we cannot guarantee the banks beyond September 2010. There are other banks in other jurisdictions that can do that because they did not impose the prudent two year restriction that we...

Leaders' Questions (23 Jun 2009)

Brian Cowen: Under section 6(5) of the Credit Institutions Financial Support Act 2006 we will introduce a statutory instrument to that effect for the future. The current time restriction of September 2010 has to be lifted from the Statute Book to allow us to apply for the five year loan security money in a way that we cannot do now. Legally we can provide a loan guarantee only until September 2010....

Order of Business (23 Jun 2009)

Brian Cowen: It is proposed to take No. 5, Financial Measures (Miscellaneous Provisions) Bill 2009, Order for Second Stage and Second and Remaining Stages; and No. a 10, Financial Measures (Miscellaneous Provisions) Bill 2009 – Financial Resolution, which is on the Supplementary Order Paper. It is proposed, notwithstanding Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business...

Order of Business (23 Jun 2009)

Brian Cowen: I do not want to get into an argument or a match about it. Last Thursday we provided for too much time because the Broadcasting Bill finished an hour before-----

Order of Business (23 Jun 2009)

Brian Cowen: The point is that the debate on the Bill ended an hour early. A guillotine becomes operable only if it is required. We had it on the Order Paper that if we reached a certain time, it would come to an end.

Order of Business (23 Jun 2009)

Brian Cowen: It did not come to that and, therefore, the guillotine did not become operative. In any event, that is not the issue under discussion. Deputy Burton raised the question of the amendment of the Insurance (No. 2) Act 1983 and the Insurance Act 1989. This is being done to address a regulatory gap generally and it is not designed for any specific-----

Order of Business (23 Jun 2009)

Brian Cowen: For the purpose of being helpful, I was explaining what it was. It is not being introduced for the reason given by the Deputy, which confirms a conspiracy theory she professes on all occasions. It relates to a regulatory gap in the Insurance Acts. Currently, the Financial Regulator can present a petition to the High Court for the administration of a non-life insurance undertaking and the...

Order of Business (23 Jun 2009)

Brian Cowen: On the basis that we refer to the need to improve our regulatory provisions, this amendment will do so, and it is not being introduced for any other reason. With regard to the other matters, it is necessary to proceed with this Bill. I take the point that there is much legislation to be gone through between now and the end of the term. Perhaps it would not be acceptable but if it would help...

Order of Business (23 Jun 2009)

Brian Cowen: As I stated in response to Deputy Gilmore earlier, we are providing for a means by which we can extend the State guarantee beyond 2010. The background to this is the ability to provide such a guarantee in respect of five-year securities that will become available on the money markets but which are not available to us at the moment. A statutory instrument to facilitate eligible debt...

Order of Business (23 Jun 2009)

Brian Cowen: No, it is not. These are the facts. Statutorily, we cannot provide a debt guarantee beyond September 2010. Issuing five-year money with a State guarantee to our banking system beyond 2010 will not be possible unless the legislation is amended.

Order of Business (23 Jun 2009)

Brian Cowen: The reason we are amending the legislation is that we have been more prudent by issuing a state debt guarantee for only two years compared to others who issued such guarantees for far longer.

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