It is proposed to take No. 4, Markets in Financial Instruments and Miscellaneous Provisions Bill 2007 — Second Stage, resumed; No. 1, Control of Exports Bill 2007 — Second Stage; and No. 2, Land and Conveyancing Law Reform Bill 2006 — Second Stage.
Order of Business.
There are no proposals to be put to the House on foot of the Order of Business. I call Deputy Kenny.
Last December, the Minister for Health and Children promised to bring forward a nursing home support Bill to give effect to a new regime to be implemented on 1 January 2008. Enactment of the Bill is necessary to implement the scheme. When does the Tánaiste expect enactment to take place?
Does the Government plan to act on the report of the Competition Authority on restrictions on competition in dental services? The report has just been published.
I am not sure how to raise the following matter. On the front page of the Irish Examiner today, I see the fighting face of the Minister for Defence, Deputy Willie O’Dea, who was allegedly in the company of the Tánaiste last Saturday night.
What happened last Saturday night, Sunday night or last night is of no concern to this House.
This is good, old-fashioned Fine Gael.
As the Ceann Comhairle knows, bare-knuckle fighting is outlawed.
We will not have a remake of Rocky V here, Deputy Kenny. It is not acceptable.
Under the code of ethics for Ministers, will the Minister, Deputy O'Dea, come to the House to answer the allegations about him? I do not know if they are true. According to the newspaper report, the Tánaiste was not in the Minister's presence when the alleged incident happened.
Does Fine Gael want us to chase up every rumour?
Willie the toreador.
That is completely out of order. Deputy Kenny knows very well that he cannot raise that matter. The Tánaiste, on the legislation. We will not have a debate on that.
Very serious allegations have been made about the Minister for Defence and other allegations have been made about a Minister snorting cocaine. I do not know if these are true, but there is a code of ethics for Ministers in accordance with which I expect the Minister, Deputy O'Dea, to explain to the House that the allegations are rubbish.
You could do with a dose of blackjack.
Deputy Kenny is the Leader of the Opposition in the House and I must ask him to provide an example and obey the Standing Orders of the House. He knows the matter he raises is completely out of order. I call the Tánaiste.
Bare-knuckle fighting.
I bet it was not on the front page of the Irish Independent today. The Minister might give himself an exclusive next Sunday.
Willie O'Dea's fight for Irish freedom.
That will be the headline.
Deputy Ring should save that for Ballinasloe horse fair.
That is very sensitive, a Cheann Comhairle.
This is part of the new image Fine Gael is promoting. This is the new conduct of its leader. The nursing home support scheme Bill is due this session. The report to which Deputy Kenny referred has just been published and I am sure it will be considered by the relevant Department.
I note that Deputy Ned O'Keeffe——
He is back.
——has said the people of Cork were misled by the Government during the general election on the promised Amgen project and its 1,100 jobs.
That was not the only thing.
Does the Minister for Enterprise, Trade and Employment intend to come to the House today to provide an explanation of what has happened? When did the Government first find out that the project was to go on the backburner?
That is not in order, Deputy Gilmore.
I am asking for time in the House with the Minister, which is in order.
It is stretching things, but go on.
Only slightly. There are 1,100 jobs involved.
There are different ways to raise the matter.
Given that it was known last April that the project was in trouble, an opportunity should be provided for the Minister to explain to the House the steps taken by Government since April to address the problem. The Minister should also set out what public moneys have been spent to provide infrastructure for a project which appears not to be going ahead. The Minister should come to the House today to provide a statement and answer questions.
To prevent other unfounded rumours circulating here, I note that the Minister for Enterprise, Trade and Employment was informed for the first time on 3 October that the Amgen project in east Cork would be postponed indefinitely. The decision to postpone is based purely on developments pertaining to Amgen's global business and, contrary to Opposition claims, is not due to costs or lack of competitiveness in Ireland. It is a commercial decision by Amgen in the context of the present situation.
On a point of order——
I thank the Tánaiste for that statement, but my question was whether the Minister will——
The Deputy wants to know whether the Minister will come into the House.
Will the Minister come into the House today to address the matter and answer questions on it?
Deputy Gilmore should remember this is a matter which has to be discussed by the Whips. They hold weekly meetings to discuss these issues and it is not on the Order of Business——
It was not known until 3 October.
——as the Tánaiste has noted.
On a point of order, will the Ceann Comhairle advise us on the criteria he uses for Private Notice Questions? I would have thought that the loss of 1,100 jobs in east County Cork would be important enough to discuss yesterday, but I was ruled out of order. What criteria are used in these matters and how many jobs must be lost — 2,000, 3,000 or 4,000? When something as important as this happens in an area, we cannot discuss it here and the Minister cannot be called into the House. It affects not only east County Cork but all Munster and the entire country, yet we are not allowed to discuss it in this House. It is ridiculous.
There are many ways——
On a point of order, considerable amounts of taxpayers' money have been expended on attracting this industry to Cork East and the people of the region——
That is not a point of order.
——want to know exactly how much was spent. We are seeking to bring the Minister before the House so that we can have an opportunity to ask him those relevant questions.
There are many ways by which an issue may be raised in this House. A matter can be raised on the adjournment, as a question or, as Deputy Stanton pointed out, a Private Notice Question. These are issues which have to be weighed and considered by the Ceann Comhairle.
On a point of order——
I call Deputy Ó Caoláin.
When the Tánaiste announced the new format for the budget on 13 September, he stated that instead of Estimates, a pre-budget outlook will set out the economic and fiscal conditions for the following three years. He indicated then that the pre-budget outlook would be published in October. Is he in a position to advise when in October it will be published? Will he accommodate a full address of the outlook in this House at the earliest opportunity and has he a date or dates in mind for that process? Very importantly, will it address the issue of multi-annual budgeting, which we have addressed over the past five years during the Tánaiste's tenure as Minister for Finance and my time as a member of the Committee on Finance and the Public Service? We have agreement that that is the correct way to proceed. Does he not agree it is now even more important to take a multi-annual budgeting approach, particularly to our health services? It is my view and the view of many people that many of the difficulties currently being experienced in the health services can be attributed——
That is not in order.
It is relevant to——
The Deputy is stretching it.
——the Tánaiste, indicating his intent regarding the pre-budget outlook——
Allow the Tánaiste to reply. It is not in order.
——such that the provision of health services in the future——
It is not in order.
——would alleviate some of the stresses currently faced.
Regarding the budget——
Now it is in order.
It is not.
——on foot of Cabinet decisions reached, we will publish the pre-budget outlook in October, as I have explained. The date will be set when the Cabinet decides on the existing level of service provision in the first instance, which is being considered. As the Deputy noted, the tax and expenditure proposals will be addressed in a unified way on budget day as part of a process of budgetary reform which I have instigated since becoming Minister for Finance. The issue of when, how and if we should move to multi-annual budgets is one for the ensuing process of budgetary reform. It is not envisaged for this year but could be considered in the future.
The Curragh of Kildare Bill has been around almost as long as the Curragh itself. According to the Government legislative programme, the Bill is to be published in early 2008. Have the heads of the Bill been discussed or approved and to what stage has it been advanced?
To what extent have the heads been approved for the use it or lose it Bill, which is also on the Order Paper, and when are we likely to see it in the House?
It is hoped that the Curragh of Kildare Bill will be published next year. The Bill will provide for the establishment of a statutory body to manage the Curragh, with the exception of the military establishment at the Defence Forces training centre, and will update the existing Curragh of Kildare Acts. The designated land Bill, to which I think the Deputy referred, is due for publication next year.
The heads have not been approved.
Not yet.
With regard to the budget arrangements for 5 December, Estimates will not now be published. Will the Tánaiste indicate whether the Opposition will be facilitated in terms of receiving advance information on the contents of the Estimates part of the budget? The Opposition's job will be made extraordinarily difficult if the budget and Estimates are presented in the same package without even a half hour's notice of their contents. Will the Tánaiste meet the Opposition to discuss the contents of the outlook statement, given that we will not know the levels of service provision for key Departments unless we have at least some advice about the shape of the process, particularly in regard to areas such as health and education? I do not know if it is appropriate for the Whips to raise the matter. A committee has not yet been formed to deal with finance issues so we have been unable to hold discussions with the Tánaiste.
The Government may have an absolute media strike because it will hold all the aces in terms of the Estimates and the tax and social welfare provisions, while the Opposition will have no prior information other than the copy we receive on the floor of the House of what presumably will be part of a much larger document. Previously, copies were distributed approximately ten days before the budget so that we could have an opportunity to examine the provisions. It is important for the media but it potentially puts complete control over Estimates and budget in the hands of the Government. That would represent quite a change.
Deputy Burton is not in order inasmuchas Deputy Ó Caoláin was not in order.
We have no finance committee which could discuss this with the Tánaiste.
I will allow the Tánaiste to reply to the Deputy in the absence of a committee.
It is effectively a coup in terms of how information is given to this House——
Allow the Tánaiste to reply.
——on the vital issue of spending by line Departments.
The issue of budgetary reform is being promoted by everybody in this House. Many people have discussed the issue but when we address it somebody has a problem. Most observers would recognise that it is more satisfactory to move towards a unified budget system——
For you.
——for everybody, in terms of presentation of accounts and being able to discuss expenditure and tax proposals. Developing a unified position is the best way to proceed. When the pre-budget outlook is published, the House will have an opportunity to debate it and Members will be able to present their ideas regarding the shape of the budget based on the pre-budget documentation, of which the existing level of service provision will form part. I do not accept this is not a progressive step. Some spokespersons took up an earlier offer by me of a briefing and talks with Department officials on our plans for improving output statements. That briefing is still available to those who have not thus far taken that opportunity.
That is not a satisfactory answer because I am not asking about existing levels of service provision. I know the existing levels already from the final Estimates. I want to know the planned level of service provision particularly as the Tánaiste and Minister for Finance, Deputy Brian Cowen, is facing a changed economic scenario with a €1 billion reduction in finances compared to the figures planned last year. What indications will the Tánaiste and Minister for Finance give in the pre-budget outlook on proposed levels of service provision for next year?
The Department of Finance offered meaningless discussions but we want to know the plans for Government spending in line Departments next year. We have always had such information by the middle of November and this is how we knew of proposals for social welfare cuts and expansions in previous years. There is no other mechanism available to us and this represents a loss of an important source of information.
I see people such as the Minister of State, Deputy Jimmy Devins, smiling. Perhaps he is presiding over some of the black holes planned for service provision next year.
A Deputy
Is it against the law to smile now?
The Opposition has a right to seek accountability not only on this year's accounts but regarding next year's plans also.
I remind Deputy Burton that this is not Second Stage and that she must table a question to have these matters addressed.
This is the process.
In view of the shambles that is the policy of the Department of Agriculture, Fisheries and Food on the importation of genetically modified foods and the reluctance of the Government to establish a committee to deal with science and technology matters I ask the Tánaiste to arrange for a debate in this House on GM foods in Government time. This matter is causing serious difficulties for the agriculture sector, especially the pig and poultry areas where several thousand people are employed and many jobs are threatened.
I suggest that this is a matter that should be raised at the Whips' meetings.
Tá ceist agam don Aire.
A Deputy
Maith an fear.
A Deputy
We have a new spokesman.
That is all for now but I am working on my Irish.
Can the Deputy repeat his question?
A report on the status of the Gaeltacht has been on the desk of the Minister for Community, Rural and Gaeltacht Affairs, Deputy Éamon Ó Cuív, for six months. When will there be a debate on the report in this House? This is a very important issue and time must be made available for it because the people of the Gaeltacht want to know the contents of the report, although the media already knows. A debate should be held as soon as possible.
I am sure such a debate could be arranged but it should be discussed at Whips' meetings.
It is well recognised that one of the major problems facing third level students entitled to maintenance grants is receiving the grant on time. Some 15 months ago, as part of a brave new world before the election, the Minister for Education and Science, Deputy Mary Hanafin, proposed a new Bill to effectively give control of the timely distribution of grants to Vocational Educational Committees, VECs. When are we likely to see the student support Bill, promised legislation, and will it be enacted before Christmas given that these reforms must be in place by next summer?
This Bill seeks to place all student support on a statutory footing, to designate VECs as awarding authorities, to provide for a system of appeals, to create penalties for fraudulent grant applications and to repeal the Local Authorities (Higher Education Grants) Acts of 1968 to 1992. The heads of the Bill were approved by Government on 19 July 2006 and we expect it to be published during this session. Whether the Bill is taken this session is a matter for the Whips.
We were promised a Supplementary Estimate to ensure that the grant scheme for renewable energy products for householders would recommence because it was stopped by the Minister for Communications, Energy and Natural Resources. I raised this matter yesterday and there seemed to be some confusion on the issue. I raised it last Thursday and the Tánaiste fudged his answer. Can the Tánaiste clarify today that there will be no Supplementary Estimate to pay for this scheme?
I have noted that the question of Supplementary Estimates is raised on a regular basis on the Order of Business and I want to make the matter of understanding orders clear to Members to assist them. A question may be asked on the Order of Business regarding when an Estimate is to be taken but only when the Estimate appears on the Order Paper. It is not in order to raise a matter introducing a Supplementary Estimate or as promised legislation under the Appropriation Bill. If this were allowed then any matter under the sun would be in order and Standing Orders would be null and void. A Deputy may ask when an Estimate is to be brought forward but we cannot have people embarking on speeches and raising extraneous issues at this stage of the morning.
Can we have people making empty promises regarding money?
However, I will allow the Tánaiste to deal with this issue in the aforementioned context.
The custom and practice in this House, for as long as I have been here, is that when a Minister makes a statement to the media and the public that a Supplementary Estimate process will be introduced to ensure a scheme proceeds it is perfectly in order to raise the matter on the Order of Business. The Minister answered the question last week but gave no information. I only want to know that this will not go ahead and I think the Tánaiste can answer the question.
I only want to say that long-standing rulings of the Chair do not allow a question seeking to have a Supplementary Estimate introduced in respect of an issue. To do so would allow any question under the sun to be raised. I am allowing the Tánaiste to answer the Deputy's question.
That is not so.
It is so.
It is not so.
We will not have a discussion about this.
The Ceann Comhairle is creating new rules again.
I am not and I never do.
He has been behaving well since the holidays but he is starting to slip.
I will be the judge of that.
The Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, clarified the situation yesterday, as I understand. Far from there being any fudge on this issue I pointed out that the Minister had taken charge of dealing with this matter within his Department's budget allocation. He has been in discussion with me regarding progressing matters next year and in the following years and that is what the record will show. He has clarified the situation.
There is nothing for the future and the scheme is to be abolished.
Is there to be a Supplementary Estimate?
The Tánaiste took a particular interest in the area of disability when he was Minister for Health and Children and those involved in the area have never forgotten that. I am looking forward to working with the newly appointed Minister of State at the Department of Health and Children, Deputy Jimmy Devins. Under the Disability Act and the sectoral plans we hope to see introduced this year, what is to happen regarding the qualifying criteria for the disabled drivers' grant? Is a review to occur under this legislation because the area needs to be reformed? The grant was introduced in the 1960s when people with disabilities did not have cars and were hardly seen in public although this has changed dramatically for the better. When is the review to take place?
Is legislation promised in this area?
No.
The White Paper on Overseas Development Aid committed the Government to ratify the United Nations Convention against Corruption. No. 15 on the list of proposed legislation, the prevention of corruption (amendment) Bill, is different legislation altogether. It seriously limits the scope of the UN convention — it is confined to the bribery of public officials abroad — particularly in view of the fact that the alliance of non-governmental organisations, NGOs, is launching a new campaign to have the United Nations Convention against Corruption ratified.
I do not know the intention of the Minister in this regard and a parliamentary question directed to him might elicit the accurate information.
The Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, is preparing the compliance at Government level across different Departments and I have no problem with the Taoiseach answering my question as it is a question to Government. The White Paper is not the possession of any single Minister; it is published by the Government and it is a Government commitment to ratify the UN convention. I simply want to know whether the UN convention is to be ratified.
The criminal justice (United Nations Convention against Corruption) Bill, is in the early stages of preparation, the purpose of which is to allow for ratification of the convention the Deputy mentioned. It is not expected it will be published this year; it will probably be published next year.
Will the Minister clarify which Department and Minister will be responsible for the fisheries consolidation Bill, which is No. 32 on the legislative programme? It is the only fisheries legislation on it, yet it comes under the Department of Communications, Energy and Natural Resources. The Government in its wisdom decided to split marine and fisheries and assign responsibility for fisheries with responsibility for agriculture. Yet if one checks the website of the Department of Communications, Energy and Natural Resources, one will note that all the fisheries experts still remain in that Department. Who is dealing with fisheries policy? There seems to be great confusion within the industry as to who is doing so. Is it the Minister for Agriculture, Fisheries and Food, Deputy Coughlan, or the Minister for Communications, Energy and Natural Resources, Deputy Ryan?
The Bill to consolidate and update the 17 existing inland fisheries Acts into a single statute to provide for the establishment of a new national inland fisheries authority is not due to be published until next year. Discussions between the various Ministers on the allocation of responsibilities have taken place and they have agreed on those. The Minister who will deal with this will probably be the Minister of State, Deputy Browne.
I call Deputy Creed. I should have called him earlier. He slipped under my radar screen.
I am trying to get an answer as to who is responsible for the fisheries industry. The only legislation dealing with that industry on the Order Paper comes under the Department of Communications, Energy and Natural Resources. There is confusion as to who is dealing with this issue.
The Minister, Deputy Ryan, is dealing with inland fisheries.
The Minister of State, Deputy Browne, deals with sea fisheries.
What is the responsibility of Deputy Coughlan as Minister for Agriculture, Fisheries and Food?
Deputy Browne is Minister of State in that Department.
That is all clear now.
There is one for everyone in the audience.
I call Deputy Creed without interruption.
The Tánaiste's colleague, the Minister for Justice, Equality and Law Reform, made reference during the summer to the increasing number of State and semi-State agencies that are increasingly difficult to hold to account to this House for their actions or inactions. The Minister, Deputy Ó Cuív, made a comment during the week about one of them in particular, the HSE. Is amending legislation envisaged to improve the accountability structures for organisations such as the HSE, the National Roads Authority or many others to hold them to account to this House?
Is legislation promised in that area?
No.
On a point of order, the Ceann Comhairle indicated he is taking an interest in this topic, and that was welcomed by the House.
Yes.
I am hopeful he will be able to report positive progress to us at some point.
I hope so as well. I am meeting with the whips, believe it or not.
If we could get the committees set up with the co-operation of Fine Gael, that would be helpful.
I call Deputy McCormack.
What is the current status of the residential tenancies Bill and will it eliminate the discrimination against many tenants in apartments and flats in their endeavours to purchase those properties? What is the status of that Bill?
I am informed there is no such Bill.
Sorry——
There is not a residential tenancies Bill.