Dáil Éireann debate -
Wednesday, 7 Mar 2007

Vol. 633 No. 2

Order of Business.

The Taoiseach

It is proposed to take No. 18, Finance Bill 2007 — Report and Final Stages; No. 19, the Education (Miscellaneous Provisions) Bill 2007 — Order for Report, Report and Final Stages; and No. 20, Prisons Bill 2006 [Seanad] — Order for Report, Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10 p.m.; (2) the proceedings on the resumed Report and Final Stages of No. 18 shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. today by one question which shall be put down from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Finance; (3) the Report and Final Stages of No. 19 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Education and Science; (4) and Private Members' business, No. a61 — motion re rail freight (resumed), shall be taken at 7 p.m. tonight, or on the conclusion of No. 19, whichever is the later, and shall be brought to a conclusion after 90 minutes.

An Ceann Comhairle

There are four proposals to put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. 18 agreed? Agreed.

Mr. Stagg

I oppose, for the same reasons I have stated previously, the guillotining of legislation going through the House.

Question, "That the proposal for dealing with No. 18 be agreed to," put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 19 agreed?

Mr. Stagg

I believe this is the 20th piece of legislation we have guillotined in recent weeks. We have seen the results that arise from the guillotining of Bills, with emergency legislation being introduced to deal with legislation that was not debate properly in the House. Again, for that and the other reasons stated, we are opposed to the guillotine.

Question put: "That the proposal for dealing with No. 19 be agreed to."

The Dáil divided: Tá, 70; Níl, 52.

Tá

• Ahern, Bertie.
• Ahern, Dermot.
• Ahern, Michael.
• Ahern, Noel.
• Andrews, Barry.
• Ardagh, Seán.
• Blaney, Niall.
• Brady, Johnny.
• Brady, Martin.
• Brennan, Séamus.
• Browne, John.
• Callanan, Joe.
• Carey, Pat.
• Carty, John.
• Cassidy, Donie.
• Cooper-Flynn, Beverley.
• Cowen, Brian.
• Cullen, Martin.
• Curran, John.
• Davern, Noel.
• de Valera, Síle.
• Dempsey, Noel.
• Dennehy, John.
• Devins, Jimmy.
• Ellis, John.
• Fahey, Frank.
• Finneran, Michael.
• Fitzpatrick, Dermot.
• Fleming, Seán.
• Fox, Mildred.
• Glennon, Jim.
• Grealish, Noel.
• Hanafin, Mary.
• Harney, Mary.
• Haughey, Seán.
• Jacob, Joe.
• Keaveney, Cecilia.
• Kelleher, Billy.
• Kelly, Peter.
• Killeen, Tony.
• Kirk, Séamus.
• Kitt, Tom.
• Lenihan, Brian.
• Lenihan, Conor.
• McEllistrim, Thomas.
• McGuinness, John.
• Martin, Micheál.
• Moloney, John.
• Moynihan, Michael.
• Mulcahy, Michael.
• Ó Fearghaíl, Seán.
• O’Connor, Charlie.
• O’Dea, Willie.
• O’Donnell, Liz.
• O’Donoghue, John.
• O’Donovan, Denis.
• O’Flynn, Noel.
• O’Keeffe, Batt.
• O’Keeffe, Ned.
• O’Malley, Fiona.
• O’Malley, Tim.
• Parlon, Tom.
• Power, Seán.
• Roche, Dick.
• Sexton, Mae.
• Smith, Brendan.
• Treacy, Noel.
• Wallace, Dan.
• Wilkinson, Ollie.
• Woods, Michael.

Níl

• Allen, Bernard.
• Boyle, Dan.
• Breen, James.
• Breen, Pat.
• Bruton, Richard.
• Burton, Joan.
• Connolly, Paudge.
• Costello, Joe.
• Coveney, Simon.
• Cowley, Jerry.
• Crawford, Seymour.
• Deenihan, Jimmy.
• Durkan, Bernard J.
• English, Damien.
• Enright, Olwyn.
• Ferris, Martin.
• Gilmore, Eamon.
• Gormley, John.
• Healy, Seamus.
• Higgins, Joe.
• Higgins, Michael D.
• Howlin, Brendan.
• Kehoe, Paul.
• Kenny, Enda.
• Lynch, Kathleen.
• McCormack, Pádraic.
• McEntee, Shane.
• McGinley, Dinny.
• McGrath, Finian.
• McGrath, Paul.
• McHugh, Paddy.
• McManus, Liz.
• Mitchell, Olivia.
• Moynihan-Cronin, Breeda.
• Murphy, Catherine.
• Naughten, Denis.
• Ó Snodaigh, Aengus.
• O’Keeffe, Jim.
• O’Shea, Brian.
• O’Sullivan, Jan.
• Pattison, Séamus.
• Penrose, Willie.
• Quinn, Ruairí.
• Rabbitte, Pat.
• Ring, Michael.
• Ryan, Eamon.
• Ryan, Seán.
• Sherlock, Joe.
• Stagg, Emmet.
• Stanton, David.
• Twomey, Liam.
• Upton, Mary.

Tellers: Tá, Deputies Kitt and Kelleher; Níl, Deputies Kehoe and Stagg.

Question declared carried.

An Ceann Comhairle

Is the proposal for dealing with Private Members' business agreed to? Agreed.

Mr. Kenny

It is my hope that the election process in Northern Ireland today will result in a situation where the Assembly can be restored and where all politicians can work towards that restoration and the implementation of the St. Andrew's Agreement and the Good Friday Agreement. I am sure I share the hopes and express the wishes of everybody in that regard.

When will No. 38, the education Ireland Bill be published? It deals with the teaching of English as a foreign language. It is expected some time in 2007 but the Taoiseach may have a date.

The Taoiseach

Like Deputy Kenny, I hope there will be a good turnout today and that the political process in the North goes well.

Preparatory work on the heads of the Bill is ongoing regarding the education Ireland Bill. This Bill will regulate the body dealing with educational services, including the teaching of English. It will probably be the second half of the year before it is published.

Mr. Kenny

Having taken the Ceann Comhairle's medical advice, I will now refrain from speaking further.

Mr. C. Lenihan

Deputy Rabbitte is in full voice; he will speak for the Deputy. It is the Mullingar accord.

Mr. Rabbitte

I gave the Taoiseach notice yesterday, and he might tell the House when he has the information, about the issue of whether we are likely to deal with the regulation and control of management companies prior to the general election.

In respect of a different piece of legislation, newspaper reports today will cause the Taoiseach some surprise as much as they did on this side of the House. They relate to the pulling of a commercial for Trócaire by the Broadcasting Commission of Ireland because the commercial has a political end. Most of us would be very surprised——

An Ceann Comhairle

This does not arise on the Order of Business.

Mr. Rabbitte

There is a Broadcasting Bill before the House.

An Ceann Comhairle

We cannot discuss what might be in the Broadcasting Bill.

Mr. Rabbitte

The Ceann Comhairle is absolutely correct; we cannot do so. However, the Taoiseach might be able to say that this matter will be dealt with because it is a blow to the fundraising of Trócaire. The abandonment of a prepared commercial is a blow to the organisation and, more important, to its development and goals.

An Ceann Comhairle

This does not arise on the Order of Business.

Mr. Rabbitte

I would hope that the Broadcasting Bill would provide the opportunity to ensure that this unintended effect does not happen again.

An Ceann Comhairle

There are others ways in which the Deputy can raise the matter and the Chair will facilitate him.

The Taoiseach

I had the opportunity to receive a briefing on the first matter raised. The Government's legislative programme published on 30 January 2007 provides for the publication of the property services regulatory authority Bill. This legislation will give effect to the recommendations of the auctioneering and estate agents review group, including the establishment of the property services regulator with the authority to control and regulate the provision of property services provided by auctioneers, estate agents and property management agencies.

A cross-departmental team has been working on a number of issues in this area but, like many things, it is not simple as there is a cross-cutting nature to many of the matters. The Government has approved a high level inter-departmental committee to examine a number of tasks. It is unlikely that everything can be included in one piece of legislation so a number of different legislative and administrative areas could be affected. The group is up and running and the legislation for property services is under——

Mr. Rabbitte

Are the Taoiseach and I at cross-purposes? I am interested in that information but the specific point that interests most of my constituents is the regulation and control of management companies, which is a separate point from auctioneering and the practices that were revealed recently in that respect.

The Taoiseach

They are all linked.

Mr. Rabbitte

Will it be dealt with in this Bill?

The Taoiseach

There is a question about whether it can all be dealt with in one Bill.

Meetings were held with the Law Reform Commission which has done some work on this matter. I am informed that one piece of legislation will not be sufficient to cover all the areas; it will just cover a number of them. Work is ongoing on the Bill to which I referred. It is a question of including all the aspects. The Law Reform Commission has done good work in highlighting a number of the areas. The Bill will include more than we first thought and the cross-departmental team are working on it. I will send the Deputy a note if he wishes.

The other issue raised by Deputy Rabbitte has been brought to my attention. The issue of gender is an important aspect of the Irish Aid programme. It seems extraordinary that the commercial would be pulled because of this issue. The Minister, Deputy Noel Dempsey, has already undertaken to talk to the BCI to see if this can be resolved.

Ms Lynch

Was a complaint received?

The Taoiseach

I do not think a complaint was received. The Minister's office contacted me last night. I think the BCI was concerned about the political nature of the commercial because of the petition involved. I have listened to some fairly political advertisements recently which had a ferocious go at me, and nobody seems to worry about it.

Mr. M. Higgins

That was groundless.

The Taoiseach

I cannot see how anyone would get so sensitive about this.

Ms Lynch

Maybe no one complained.

Ms Burton

The Taoiseach is a man. This has to do with women.

Mr. J. Higgins

Following on from the issue Deputy Rabbitte raises on legislation controlling management companies, apart from the urgent need for apartment owners to have new regulations to protect their rights, the Taoiseach undertook to consider the specific situation not of apartment owners but of house owners in big estates who were dragooned into management companies and saddled with fees completely unnecessarily. He said he would look into unscrambling their position so they could legally get out of those completely unnecessary contracts.

An Ceann Comhairle

Is legislation promised?

Mr. J. Higgins

The Minister, Deputy Roche, also gave such an undertaking. It is an urgent situation because people are being dragged into court and hounded by the developers, essentially, masquerading as management companies——

An Ceann Comhairle

We must deal with the legislation. We cannot discuss it in detail.

Mr. J. Higgins

We want to know when the legislation freeing those people from this burden will be brought forward.

The Taoiseach

There are two issues in this regard. First, the Minister some months ago gave a directive to local authorities not to continue that process.

Ms Burton

They are continuing.

Mr. McHugh

They are continuing.

Mr. Roche

The Deputy should give me the details of the case — any case.

Mr. McHugh

They are disobeying the Minister. They are ignoring him.

An Ceann Comhairle

Allow the Taoiseach to speak without interruption.

Ms Burton

I recently provided the details to the Minister with regard to a private estate in my area, and he acknowledged the correspondence.

The Taoiseach

The Minister has given a direction. Obviously, he said if anyone had information——

Mr. McHugh

They are ignoring it.

An Ceann Comhairle

Sorry, Deputy. Deputies should confine themselves to the Order of Business. Questions more appropriate to a line Minister should be addressed to a line Minister.

Mr. J. Higgins

This is appropriate to the Order of Business.

An Ceann Comhairle

The Deputy made a Second Stage speech. Is legislation promised?

Mr. J. Higgins

My question was on legislation promised by the Taoiseach. When is it due?

The Taoiseach

I explained to Deputy Rabbitte that a number of aspects are involved. The cross-departmental team is working on the issue but it is broader than what I have stated.

On the housing issue raised by Deputy Joe Higgins, the Minister has given a directive for contracts already entered into. That matter must be considered in the context of what the cross-departmental team is doing.

Mr. Gormley

On promised legislation, the Taoiseach told us he uses public transport. He has never been on the No. 3 or No. 14 bus in my constituency because if he had been——

An Ceann Comhairle

Has the Deputy a question on the Order of Business?

Mr. Gormley

——he would provide time for the Dublin Transport Authority Bill. The Government is not prioritising public transport. I want to ask the Taoiseach when we will have that debate in the House.

An Ceann Comhairle

The Deputy should confine himself to the legislation. A number of Deputies are offering.

Mr. Gormley

I would like an answer.

The Taoiseach

We are spending €33 billion on——

Mr. Boyle

Will we debate the Bill?

The Taoiseach

We are spending €33 billion on public transport. I thought that was a fair priority.

Mr. Boyle

Will we debate the Bill? That is the question.

The Taoiseach

Yes, we will.

Mr. Gormley

When?

The Taoiseach

This session.

Mr. Stanton

There is a proposal to introduce a new social assistance payment for low income families with young children. I am told legislation is at an advanced stage but it is not on the legislative programme. When might we expect that? Has the Government approved the heads of a Bill?

The Taoiseach

The Deputy should table a question to the Minister.

Mr. Stanton

The Minister told me last week it is at an advanced stage. I want to know when it will be published. Will the Taoiseach provide that information?

The Taoiseach

If he told the Deputy it was at an advanced stage, it must be at an advanced stage.

Mr. Stanton

The Taoiseach knows nothing about it.

Mr. Sherlock

On the question of the Voluntary Health Insurance board, when will we have the promised corporate status Bill to give VHI corporate status?

The Taoiseach

The Bill is almost ready. It will be published shortly.

Mr. Kehoe

There is much legislation on the A list. Does the Taoiseach expect two pieces of legislation on the A list, the student support Bill and the adoption Bill, to be published within the next month?

The Taoiseach

The student support Bill will be published this session. I do not have a date for the adoption Bill but the student support Bill is nearly ready. It is due this session.

Mr. M. Higgins

A number of families are affected by the adoption (Hague Convention, adoption authority) Bill. It would be useful if the Taoiseach could indicate whether it will be published during the lifetime of the Government. On the international convention for the protection of migrant workers and their families, the latest communication from the Department of Justice, Equality and Law Reform, which is the lead Department in checking the requirements for ratification, would seem to suggest the Government has no intention of ratifying the convention. Is that the case?

The Taoiseach

I will have to check with regard to the second convention — I do not have it listed. Was the first question on the adoption Bill?

Mr. M. Higgins

The first question was on the Hague Convention. The second one was on the international convention for the protection of migrant workers and their families. We have been in correspondence before in this regard, and the Tánaiste and Minister for Justice, Equality and Law Reform is reviewing it. I have reached the conclusion it is not the Government's intention to ratify the convention. Is that the case?

The Taoiseach

I will check with the Department of Justice, Equality and Law Reform on that. On the Hague Convention, the adoption Bill will be published this session.

Mr. M. Higgins

I thank the Taoiseach.

Mr. Gilmore

At present, local authorities throughout the country are transferring hundreds of tenants in private rented accommodation onto a scheme known as the rental accommodation scheme, RAS. Legislation to provide for that scheme has not yet been published, however. When will the social housing Bill be published? Can the Taoiseach tell the House on what authority or what legislative basis are local authorities currently entering into arrangements with landlords for——

An Ceann Comhairle

The first question is in order. The second question is a matter for the Minister.

The Taoiseach

The social housing Bill is listed for early summer. The Deputy should put the other question to the Minister.

Mr. P. Breen

In view of the imminent deal on open skies between the EU and the US, when will the tourism and development plan promised for Shannon Airport be published in preparation for open skies?

An Ceann Comhairle

That is a question for the Minister for Arts, Sport and Tourism. I call Deputy Burton.

Mr. P. Breen

It is a question for the Government.

Ms Burton

The White Paper on overseas development has recently been posted to every citizen in booklet form. One of the goals set out in the White Paper is equality for women as part of the millennium development goals. Is it proposed, in the context of the difficulties Trócaire has been having, to incorporate the White Paper——

An Ceann Comhairle

Has the Deputy a question on legislation?

Ms Burton

The White Paper has been circulated to every house in the country. Will it be incorporated into legislation here?

An Ceann Comhairle

We must move on.