Dáil Éireann díospóireacht -
Tuesday, 24 Jun 2008

Vol. 657 No. 3

Order of Business.

The Taoiseach

It is proposed to take No. 3, Prison Development (Confirmation of Resolutions) Bill 2008 — Order for Second Stage, Second and Subsequent Stages; No. 19, Nuclear Test Ban Bill 2006 — Order for Report, Report and Final Stages; and No. 4, Intoxicating Liquor Bill 2008 — Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; the proceedings on the Second Stage of No. 3 shall, if not previously concluded, be brought to a conclusion at 6.40 p.m., the opening speeches of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and the proceedings on the Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 7 p.m. 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 Justice, Equality and Law Reform.

Private Members' business shall be No. 5, Victims Rights' Bill 2008 — Order for Second Stage and Second Stage, and shall be taken for 90 minutes at 7 p.m. or on the conclusion of No. 3, whichever is the later, and the proceedings on the Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday, 25 June 2008.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed? Agreed. Is the proposal for dealing with No. 3 agreed? Agreed. Is the proposal for dealing with Private Members' business agreed? Agreed.

Deputy Enda Kenny

The Government has sought consensus on a range of matters which have arisen such as cancer issues. The Victims' Rights Bill promoted by Deputies Shatter and Charles Flanagan has a broad measure of support and is an area in which the previous Minister for Justice, Equality and Law Reform had a real interest. It is now the subject of division with the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern. The Government received the consensus it sought during the past two and a half months with regard to the Lisbon treaty. Could the Government state the basis and fundamentals of the Victims' Rights Bill are broadly in line with what it proposed itself, accept the Bill and amend it on Committee Stage? As the Government sought consensus from the Opposition parties it might be appropriate for it to show consensus itself.

When will we see a package on Dáil reform from the Government Whip? This has gone on for five or six years. The Government has received recommendations from Fine Gael, the Labour Party and both parties combined. It has received recommendations from the former Chief Whip, Deputy Tom Kitt. This is clearly ineffectual. When does the Chief Whip, Deputy Pat Carey, propose to table his proposals for Dáil reform?

An issue which clearly showed up during the campaign on the Lisbon treaty was the implementation of legislation and directives by Irish officials across a myriad of areas. As the Taoiseach knows, this caused people to vote "No" for reasons which had nothing to do with the treaty. Does the Taoiseach intend to carry out a trawl of the transposition of European directives into Irish law and how their implementation affects people here? To retain the essence of a directive but showing flexibility where it can be shown would demonstrate the Government in some sense understands the frustration of people across an extremely broad range of sectors with how it is done.

Does the Taoiseach have an update on the fair deal with regard to long-stay institutions? On a number of occasions, Deputy Reilly asked the Taoiseach what intentions he has to introduce measures in its place in the interim period if it will not see the light of day prior to the end of this year.

The Taoiseach

We try to achieve consensus on matters on which we can agree. We debate matters on which we cannot agree and sometimes the House divides. The issue with regard to Private Members' business will be debated this evening and I am not sure as to the possibility of avoiding a vote. It will not stop us having the debate or people articulating their views.

The Bill on nursing homes will not be published this side of the recess. The best I can state is that it will be during the course of the break.

Deputy Enda Kenny

What about in the meantime?

The Taoiseach

We need to find a new legal basis on which to organise it. It cannot be simply done without changing the legal basis of the current arrangements. We need legislation and I do not see a way around that. I do not see an interim arrangement other than legislation that meets the requirements of the situation.

With regard to the transposition of directives and regulations, there are many issues about which we all heard during the campaign, some of which were not germane to the treaty. We must analyse the result and take into account all considerations to see what we can do to assist people at home and elsewhere in reducing their anxiety, concerns or perceptions about the implementation of directives. In most cases, they are transposed and the principles of proportionality and subsidiarity apply. We can examine specific issues that came up to see if there is room to manoeuvre other than what we have been able to establish so far. There is not in many cases but we need to try to be practical in the application of some directives.

Discussions on Dáil reform are ongoing. The Government Chief Whip is only six weeks in office and I am sure he will take on board many of the proposals made previously to see if progress can be made.

Deputy Eamon Gilmore

I wish to raise four matters. The first arises from the Taoiseach's reply to Deputy Kenny. I understood him to say the nursing homes legislation would not be introduced until later in the year at the earliest. Where does that leave all the families who have made plans on the basis that the new legislation would come into effect and who are now caught in a situation where some nursing homes have increased their charges in anticipation of the legislation and families have made plans? Will a Supplementary Estimate be introduced by the Department of Health and Children to address the issue?

Second, the heads of the civil partnership Bill have been posted on the Department of Justice, Equality and Law Reform's website. I welcome that but we must study them. Will the Taoiseach confirm the commitment given by the Minister for Defence on "Questions and Answers" last night that the Bill will be published within the next three weeks?

Third, when will the Government introduce legislation to regulate management companies for private housing estates and private apartments?

Fourth, will the Government introduce legislation to amend the Youth Work Act 2001 arising from the decision to transfer responsibility for youth services from the Department of Education and Science to the Department of Health and Children following the appointment of my constituency colleague, Deputy Barry Andrews, as Minister with responsibility for children? When will it be published?

The Taoiseach

I will take the last question first. I am not aware of legislative consequences in respect of this transfer. I will have to check it out and come back to the Deputy. To my knowledge, the Department of Finance has not received a request for a Supplementary Estimate.

The civil partnership issue was discussed at Cabinet earlier and proposals have been published. I will have to check with the Minister about when the Bill will be published.

Deputy Eamon Gilmore

Is that the Minister for Justice, Equality and Law Reform or Defence?

The Taoiseach

The Minister for Justice, Equality and Law Reform is the line Minister.

Deputy Willie O’Dea

The Department of Justice, Equality and Law Reform is the sponsoring Department.

Deputy Eamon Gilmore

The Minister for Defence knows when it will be published.

The Taoiseach

The management company Bill will not be published before the end of the session.

Deputy Emmet Stagg

Three Bills are promised.

Deputy Arthur Morgan

Legislation relating to basic protection of employment rights was promised four years ago and it is still urgently required. The trade union movement is pressing for it. I refer to the Employment Rights Compliance Bill, which was published in March. Will it before the House during this session?

The Taoiseach

It will not be with us this term.

Deputy Bernard J. Durkan

Apropos of the matter discussed earlier, what steps are being taken to address the issue of competitiveness in the economy? It is difficult to find legislation relating to competitiveness or investment but I refer to the collective investment schemes consolidation Bill, which could provide the House with an opportunity to discuss the issue.

As of today, on the basis of advertisements in newspapers and on radio, persons who have more than one repeat provisional licence will be put off the road. I did not hear a qualification of that to the effect that persons who are carers and providing an essential service——

An Ceann Comhairle

That is not relevant to the Order of Business.

Deputy Bernard J. Durkan

There is legislation on this subject.

An Ceann Comhairle

What is it?

Deputy Bernard J. Durkan

Persons who are cared for——

An Ceann Comhairle

No legislation is promised in this area.

Deputy Bernard J. Durkan

——and who are dependent almost entirely for their daily well-being on the graciousness of somebody who is driving on a provisional licence——

An Ceann Comhairle

The Deputy is out of order.

Deputy Bernard J. Durkan

Perhaps the Taoiseach could clarify this issue in the context of the road traffic Bill, which covers other issues but which could address this.

The Taoiseach

The road traffic Bill will be taken later this year. There is no date for the collective investment schemes consolidation Bill.

Deputy Bernard J. Durkan

No word about the poor, unfortunate carers.

Deputy James Bannon

Given the valuable role the VEC plays as the only fully funded State second level education provider, there is no justification for the delay in bringing forward the education (patronage) Bill, which would allow it to expand its role into the primary sector. When will the Bill come before the House?

The Taoiseach

The earliest we will have that is late this year.

Deputy Joan Burton

The Government has agreed to a debate on the national development plan, NDP, during the week for which the session has been extended. Will the Department of Finance or the Government make arrangements to provide Opposition parties and spokespersons with information about where the NDP is at? I do not know whether the Whips have had an opportunity to discuss this but it is a complete waste of time to come into the House for a generalised discussion without information. For instance, many Department of Finance officials are saying metro north will be dumped in the review of the NDP.

Deputy Denis Naughten

Derailed.

An Ceann Comhairle

We cannot go into that now.

Deputy Joan Burton

If we are to have a serious debate that is not a joke, can we have, for instance, a briefing by the Department of Finance for Opposition spokespersons regarding where the plan is at? The Taoiseach is asking us to give indications about his performance. How can we do that if we have no information?

The Taoiseach

I do not agree there is no information regarding the NDP.

Deputy Joan Burton

The information is almost meaningless.

The Taoiseach

I do not agree. The annual report on the NDP was published in the past few weeks.

Deputy Joan Burton

The Taoiseach acknowledged earlier that the financial situation had changed dramatically. The report published a few weeks ago does not address the issues of the changes in funding and, in particular, whether certain projects in the plan are "must dos" and priorities or whether a number of them have a longer range label on them.

An Ceann Comhairle

The Deputy can only ask about the briefing and the arrangements for a debate. She cannot go into a detailed discussion on it.

Deputy Joan Burton

We need an indication, otherwise it is a joke coming into the House without those statements.

Deputy Billy Timmins

The Taoiseach will be aware of the deteriorating situation in Zimbabwe.

An Ceann Comhairle

There is not a hope the Deputy can raise that.

Deputy Billy Timmins

Is there anything the Government can do to assist in addressing the difficulties there or——

An Ceann Comhairle

We cannot have a debate now. I cannot set a precedent like that.

Deputy Billy Timmins

It is frustrating. In fariness to the Government, it provided time for statements.

An Ceann Comhairle

The Deputy will have to find another way to raise the issue.

Deputy Joanna Tuffy

My question is related to the issue raised by Deputy Kenny earlier. Last week I checked the number of Bills passed this year. While this may have changed since last week, my information is that six Bills have been passed this year. Approximately 50 were passed annually between 1999 and 2007. The end of this year's second session is close with only one remaining. If the House is not seen to be legislating, is it any wonder the public is insecure about powers going to Europe?

An Ceann Comhairle

We cannot have a discussion on this matter now.

Deputy Joanna Tuffy

What will the Taoiseach do in terms of drafting to ensure the House legislates?

Deputy Micheál Martin

We do not want over-regulation.

Deputy Joanna Tuffy

The people must know that we are exercising our powers.

Deputy Billy Timmins

Did the Minister get a response to the statement?

An Ceann Comhairle

Deputy Tuffy is beguiling.

Deputy James Reilly

I wish to raise two issues. Regarding the fair deal, Deputy Kenny asked whether the Taoiseach would put a temporary measure in place. The Taoiseach indicated that would require legislation, but it does not. At the Joint Committee on Health and Children, the Minister for Health and Children indicated the subvention could be increased without legislation being enacted. For those in financial difficulty, the cost of nursing home care is important. Is it the Taoiseach's intention to yield to the HSE, which has planned to increase subventions for people in nursing homes, a welcome temporary relief, instead of allowing the money to be subsumed across the board?

An Ceann Comhairle

This matter cannot be discussed.

Deputy Denis Naughten

The question relates to Supplementary Estimates.

Deputy James Reilly

Under other pending legislation, it was stated at last week's meeting of the Committee of Public Accounts that forthcoming claims relating to the MRSA epidemic in our hospitals could amount to €500 million. HIQA has issued a report in this regard.

An Ceann Comhairle

Does the Deputy have questions on legislation? We are on the Order of Business.

Deputy James Reilly

Tá sé ag teacht.

An Ceann Comhairle

It is coming a long time.

Deputy James Reilly

Will the forthcoming HIQA legislation give HIQA teeth to enforce its recommendations on hygiene in hospitals?

An Ceann Comhairle

We cannot deal with the content of legislation. The Deputy can ask when the legislation is forthcoming.

The Taoiseach

I must speak with the Minister to determine when the legislation will be before the House.

Deputy Caoimhghín Ó Caoláin

With obvious deferrals of planned investment in areas covering people with disabilities, the elderly and children and cutbacks already biting, what——

An Ceann Comhairle

What is the legislation in question?

Deputy Caoimhghín Ó Caoláin

——efforts are the Taoiseach and his colleagues making to introduce the eligibility for health and personal social services Bill?

The Taoiseach

It will be published next year.

Deputy Mary Upton

This afternoon in my constituency, there was a drive-by shooting.

An Ceann Comhairle

We cannot go into that issue.

Deputy Mary Upton

What plans are in place? A woman was seriously injured and the incident was damaging to the community. The majority of its members are law-abiding. Are plans in place to control the criminal gangs to ensure they do not have access to firearms?

Deputy Bernard J. Durkan

Hear, hear.

An Ceann Comhairle

We cannot discuss this.

Deputy Mary Upton

Will the Taoiseach review the local police forum to ensure it can address such issues?

Deputy Bernard J. Durkan

It is an important issue.

Deputy Mary Upton

My question was on promised legislation, the Criminal Justice (Miscellaneous Provisions) Bill.

The Taoiseach

It is hoped to have that legislation before the House so that these issues can be discussed further.

Deputy Pádraic McCormack

It should be done before the next trigger is pulled.

Deputy Olivia Mitchell

In recent months, three private bus operators in my constituency went out of business.

An Ceann Comhairle

We cannot discuss private bus operators.

Deputy Olivia Mitchell

Circle Line, the most recent of the three, went out of business as a result of Government policy, the bureaucracy of the licensing system——

An Ceann Comhairle

Does the Deputy have a question?

Deputy Olivia Mitchell

——the blatantly anti-competitive practices of the State provider and the system of providing grants and subsidies to the State provider but not private operators. When will legislation provide a level playing field and a decent bus service in Dublin?

An Ceann Comhairle

What is the legislation?

Deputy Olivia Mitchell

It has been promised for years.

An Ceann Comhairle

Is legislation promised?

Deputy Olivia Mitchell

I am referring to the Road Transport Act 1932.

The Taoiseach

It will be published after the Dublin Transport Authority Bill has been passed.

Deputy Charles Flanagan

Regarding the conclusion of the debate on No. 3, the Prison Development (Confirmation of Resolutions) Bill 2008, on today's Order Paper, it is clear the word processor in the Chief Whip's office has been geared up for the sharpening of the guillotine.

Concerning No. 4, will the Taoiseach inquire of his Chief Whip whether sufficient time will be available? Some 40 Fine Gael Deputies behind me are anxious to speak on the Intoxicating Liquor Bill 2008. Will the Taoiseach assure the House that adequate time will be made available to deal with this important measure instead of subjecting it to a guillotine on Second or Committee Stage, which the Government is anxious to take before the end of the session? In the context of co-operation, no all-party consensus will be forthcoming due to the behaviour of the Minister for Justice, Equality and Law Reform since occupying his position six weeks ago.

Deputy Bernard J. Durkan

Hear, hear.

An Ceann Comhairle

We cannot discuss this matter now.

Deputy Charles Flanagan

It is on the Order of Business.

An Ceann Comhairle

It is, but——

Deputy Charles Flanagan

Each Deputy who wishes to speak on legislation should be entitled to do so.

The Taoiseach

Every effort will be made to accommodate as many Deputies as possible on Second Stage. Time will be available this evening, tomorrow and Thursday. Everyone will have ample opportunity to give his or her basic opinions.

Deputy Thomas P. Broughan

Last October, the House was promised the graduated driver licensing Bill within a few months. Deputy Durkan attempted to raise this matter earlier. While next Monday will be a famous anniversary for the Minister for Transport, the Bill will still not be available. What happened to it?

Would it be possible to include a small section on licensing in the Dublin Transport Authority Bill, which will be on the floor next week? This matter is driving all of the bus companies crazy, including Dublin Bus and Bus Éireann.

The Taoiseach

The issue was dealt with by way of regulation.

Deputy Noel Dempsey

Last October.

The Taoiseach

There is no need for such a Bill.

Deputy Joe McHugh

When is it envisaged to introduce a pro-active job creation element in the merchant shipping Bill? It would provide an opportunity to retrain redundant fishermen, namely, deck hands, skippers and first mates, as officers of the watch. I am offering advice on how to retrain fishermen who are lying about their houses to work for oil companies or merchant cargo ships or to become officers of the watch.

An Ceann Comhairle

We cannot discuss people lying about at home.

Deputy Joe McHugh

The Taoiseach is about to rise to answer.

Deputy Pádraic McCormack

He is about to rise to debate.

The Taoiseach

I am always anxious to accommodate Deputy McHugh. The Bill will be published later this year.

Deputy Joe McHugh

Will the Taoiseach consider the retraining element?

Deputy Denis Naughten

I must be in the Ceann Comhairle's blind spot. Both of my questions are in order. Given the Minister for Health and Children's comments last week, a Supplementary Estimate will address the issue raised by Deputy Reilly. Will the Taoiseach confirm this?

On promised legislation, four months have passed since the closing date for sports capital grants applications. When will the grants be announced?

An Ceann Comhairle

That question is not in order.

Deputy Denis Naughten

In the context of the public health miscellaneous provisions Bill, will provision be made in the grant aid to ensure all sports groups have defibrillators?

The Taoiseach

We do not have a publication date for the public health Bill.

Deputy Denis Naughten

What of the Supplementary Estimate?

The Taoiseach

I must check with the Minister, as I do not know.