Dáil Éireann debate -
Tuesday, 11 Dec 2007

Vol. 643 No. 3

Order of Business.

The Taoiseach

It is proposed to take No. 6, motion re appointment of members to committee; No. 2, Social Welfare Bill 2007 — Order for Second Stage and Second Stage, with the debate to be adjourned at 7 p.m., if not previously concluded; and No. 9, financial motions by the Minister for Finance [2007] (motion 5, resumed).

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and that business shall be interrupted not later than 10 p.m. and that No. 6 shall be decided without debate. Private Members' business shall be No. 19, motion re road safety; reform of penalty points system.

An Ceann Comhairle

Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed? Agreed. Is the proposal that No. 6, motion re appointment of members to committee, be taken without debate agreed? Agreed.

Deputy Enda Kenny

I congratulate the Taoiseach on being the recipient of an invitation to address both Houses in Washington, the Congress and the Senate. I was driving when I heard him speak about this on Monday morning and, to quote former President Reagan, I said to myself, "Well, there you go again." The Taoiseach must have read the de Valera book circulated by the Minister for happiness because he said he thought he was the only one to have been invited to do so. I do not know whether he was suffering from selective amnesia but I remind him that he should not attempt to air-brush others from history because in 1926 W. T. Cosgrave addressed both Houses, as did Liam C. Cosgrave in 1976 to mark the bicentennial, Garret FitzGerald in 1984 and John Bruton, as Taoiseach, in 1996.

Deputy Emmet Stagg

Cheaper by the dozen.

(Interruptions).

An Ceann Comhairle

That is very interesting but as Deputy Kenny well knows, it is not in order.

Deputy Enda Kenny

I raise it for a particular reason, a Cheann Comhairle. In recent weeks the House adopted unanimously an agreed motion amended by the Government in respect of the undocumented Irish in the United States which referred to the establishment of reciprocal bilateral arrangements and the Government's strong commitment to continue engagement with the US Administration and the Congress to resolve the difficulties experienced by the undocumented Irish. In redressing the Taoiseach's attempt at air-brushing, will there be much activity in producing any legislation required and discussions between Irish and US representatives both about the undocumented Irish and the terms of the motion in respect of agreed bilateral arrangements? I would like that to mark the conclusion of the Taoiseach's address, whenever it is decided to arrange it.

No. 30 in the legislative programme is the Electricity (Transfer of Transmission Assets) Bill which is expected in 2008. Have we received any indication from the Minister for Communications, Energy and Natural Resources?

The Money Advice and Budgeting Service is to be commended on the way it has gone about advising people not to become stranded financially this Christmas by borrowing money and finding themselves with huge pay bills at the start of the new year. The service is to be placed on a statutory basis and publication of the Bill is expected some time in 2008. Will the Taoiseach indicate if there is there a particular drafting difficulty, or what is the reason for the delay in placing the service on a statutory basis?

The Taoiseach

The heads of the electricity (transfer of transmission assets) Bill have been approved for some time. Work is continuing to progress their preparation but the reality is that the Bill is unlikely to be presented for some time. I do not envisage it moving quickly. The Money Advice and Budgeting Service Bill is at drafting stage; the heads have not yet been prepared.

I answered the question on the bilateral agreement last week. As the Deputy is aware, it is under review. There are a number of difficulties. It is not supported strongly by——

Deputy Enda Kenny

Does the Taoiseach accept my——

The Taoiseach

I do. I would not air-brush anybody from history.

Deputy Paul Kehoe

Will the Taoiseach not apologise to him?

An Ceann Comhairle

I call Deputy Gilmore.

(Interruptions).

An Ceann Comhairle

I am sure those representatives can look after themselves. We will look after business here.

Deputy Eamon Gilmore

I understand the increases in salary for the Judiciary which are to take effect immediately and for Ministers which are to take effect in 12 months' time will require the making of statutory instruments. Is it intended that both sets of increases will be covered by one statutory instrument or will separate instruments be required? When will the statutory instruments be laid before the House?

The Taoiseach

The one for the Civil Service and semi-State bodies has already taken effect; it did not require a statutory instrument. The one for the Judiciary does require a statutory instrument to take effect. There will be no increases in salary for Ministers and Ministers of State until next September, before which an order will be required.

Deputy Eamon Gilmore

I understand, therefore, that a statutory instrument will be introduced immediately in respect of the increase for judges.

The Taoiseach

It has to be introduced.

Deputy Eamon Gilmore

It will be done immediately.

The Taoiseach

Yes.

Deputy Eamon Gilmore

There will be a separate statutory instrument to be introduced some time next year to allow the ministerial increases to take effect?

The Taoiseach

Yes, that has to be done.

Deputy Caoimhghín Ó Caoláin

On promised legislation, last week I raised with the Taoiseach the issue of agency workers but he did not give me an indication of the Government's intent at the Council of Ministers meeting last week. He must have been aware at the time that the Government intended, once again, to slavishly follow the British line in blocking the proposed EU directive on agency workers. In the light of this development which he did not share with us, what is the position on both the employment agency Bill and the employment law compliance Bill? In particular, have the heads of both Bills been agreed? How does the Taoiseach view trade union criticism of the dependency on both items of legislation which, if they had been drafted at the same time as Towards 2016, will hardly address the extensive abuse of those employed through the agency system? Does he intend to bring forward these legislative measures speedily? Will he ensure they will be fit for their purpose in addressing the extent of the abuse within the employment system in this State?

The Taoiseach

The heads of the employment agency regulation Bill are in preparation and it is hoped the legislation will be available for this session. The employment law compliance Bill will be brought forward this session.

Deputy Joe Costello

This directive has been drafted by the EU since 2002. However, the Government, along with those of three other member states, prevented it from being passed. There are up to 30,000 agency workers in Ireland without contracts, established working conditions or the right to negotiate pay. The Polish Government has recently withdrawn its objection to the directive. The Irish Government, in a minority with the British Government, is to the forefront in blocking these rights for agency workers. How can the Taoiseach espouse entering into another social partnership with the trade union movement if this is the situation he allows at EU level? Will the Taoiseach give a clear answer as to whether the Government will continue to block a directive the EU is desperately trying to get passed?

The Taoiseach

The employment agency regulation Bill, which will put into legislation what was agreed with the social partners, will be in the House this session.

Deputy Seymour Crawford

For the past 12 months there have been major problems with subventions for nursing homes in the Cavan-Monaghan constituency. No one knows whether it is coming or going. We were first guaranteed the Bill would be before the House in early 2007 and later, before Christmas. Will there be clarification on this?

With difficulties in the financial services sector and people becoming concerned about the safety of their savings and money, when will the financial services regulation Bill be introduced?

The Taoiseach

The financial services regulation Bill will be introduced next year.

We were ready to take the nursing home support scheme Bill this week and next week. However, I was asked in the House by the Opposition to defer this. Several groups outside of the House also wish to make submissions on it. These groups are not one bit happy because they wanted it passed on 1 January. I agreed to defer it and I will leave it that way.

Deputy Jan O’Sullivan

The Medical Practitioners Act will regulate the hiring of locums. A serious issue has arisen concerning a locum who worked in Cork and Galway who was on sick leave from his job in Finland. When will the Act commence so the appointment of locums can be controlled?

The Taoiseach

I will ask the Minister to send the Deputy a note.

Deputy Jan O’Sullivan

It is an important issue, particularly after last week's case.

The Taoiseach

Yes.

Deputy Bernard J. Durkan

In view of the urgent necessity to combat the activities of the drug barons, will the Taoiseach consider introducing the money laundering Bill at an earlier stage?

Will he also inform the House if it is possible and feasible to enhance coastal, aerial and sea surveillance to deter the landing of illegal drugs?

The Taoiseach

The money laundering Bill will be introduced next year.

On the other matter, the Deputy can put down a question to the Minister for Defence as he has several plans in this area.

Deputy James Bannon

In light of the substantial rise in the population of older people and various reports published over the past several days on this, when will the urgently needed social housing (miscellaneous provisions) Bill be introduced to make provision for increased sheltered accommodation? A large number of people are living in care who should be entitled to a place of their own.

The Taoiseach

It will be published in 2008.

Deputy James Reilly

Will the Taoiseach inform the House what is contained in the Supplementary Estimate for the Department of Health and Children? A health committee meeting on it was scheduled for this afternoon but it has been deferred until tomorrow. It is a very difficult way to do business. It is difficult for me to feel I am representing the people of Ireland and Dublin North when I do not have a clue what is coming down the line.

Chuir mé cheist an seachtain seo chaite, I asked a week ago about the Dr. Ann O'Doherty report. The Taoiseach promised the House on 6 November that the report would be with us at the end of November.

The Taoiseach

I do not have the Dr. Ann O'Doherty report. I will ask the Minister to brief the Deputy on the other issue.

Deputy Jan O’Sullivan

We asked but got no briefing on the Supplementary Estimate.

Deputy Michael D. Higgins

In the Twenty-Ninth Dáil I asked on several occasions about the ratification of the European convention on migrant workers and their families. Towards the end of the last session I got the impression the Government had decided not to ratify it. In anticipation of the forthcoming EU treaty referendum, is it the Government's policy to ratify the convention and, if so, when?

The Taoiseach

I will have to get the information for the Deputy on this.

Deputy Ciarán Lynch

According to the Simon Community, 55 homeless people died on the streets in 2006. When will the social housing (miscellaneous provisions) Bill, or other legislation, be introduced to implement the housing strategy to ensure these figures are not repeated? These figures released by the Simon Community are a record high. They probably do not reflect the real number dying on the streets, which must be higher.

The Taoiseach

The legislation will be introduced next year. The homeless strategy has been implemented and has been successful.

Deputy Olwyn Enright

The numbers are rising.

Deputy Kathleen Lynch

A Leas-Cheann Comhairle. Sorry, I meant Ceann Comhairle.

An Ceann Comhairle

A rose by any other name.

Deputy Kathleen Lynch

Will still smell as sweet.

Deputy Jan O’Sullivan

The Ceann Comhairle spent too long as Minister for Arts, Sport and Tourism.

Deputy Kathleen Lynch

The report presented to the Minister for Education and Science in October 2006 by the National Council for Special Education contained a framework for appealing decisions at local level. When will the report's recommendations be implemented and an appeals system put in place?

The Taoiseach

I understand the legislation has been passed. The timescale envisaged in the legislation will see the scheme implemented.

Deputy Eamon Gilmore

Regarding the Taoiseach's earlier response to the nursing homes support scheme Bill, he is implying it has been delayed because of a request by the Opposition. It is important to put the record straight on this matter.

The Bill's provisions were announced by the Minister for Health and Children 12 months ago. There has been little legislation in the House since September. The main reason it has been delayed is because the Government has not got its act together to consult with the relevant agencies and bring the legislation forward. The Opposition asked, to which, in fairness the Taoiseach agreed, that the legislation not be rushed through the House in the last days before Christmas and an opportunity to be given to different organisations concerned to be consulted before the Bill's publication. It is important the record is put right.

The Taoiseach

I did not mean to give that impression. Deputy Shortall asked me about the legislation as well as outside groups. A large number of these groups have protested strongly about my decision to delay the legislation. It was my decision and I am not blaming anyone else. A large number of the groups, which I thought wanted consultation, are now putting the blame on me. They claim they wanted it implemented sooner and that they will lose much money from 1 January.

Deputy Emmet Stagg

The nursing home owners.

Deputy Eamon Gilmore

There are some who claim they were not consulted at all.

Deputy Róisín Shortall

For clarification, last Tuesday in the House the Taoiseach gave an assurance that he would engage in consultation prior to finalising and publishing the Bill. However, on the following day the Minister for Health and Children said in a briefing that she intended to publish the Bill within the next ten days. Which version is accurate? Is the Taoiseach prepared to reiterate the assurance he gave the House last week on consultation prior to the Bill's publication?

The Taoiseach

Whatever about publication prior to the Bill being taken, I was asked by Deputy Shortall that the Bill would not be rushed through the House and guillotined before Christmas. That still stands.

Deputy Billy Timmins

The talks on the future of Kosovo concluded yesterday but it appears that no decision was reached. Will the Taoiseach allow for some time in the House for statements on the issue next week? I tried to establish the Government's position on this subject during Question Time but was unable to do so. The situation there is potentially difficult and could have an impact on Ireland.

An Ceann Comhairle

That is a matter for the Whips to discuss.

The Taoiseach

Time will be very tight for that debate. It may be possible to deal with it on the Adjournment. The Minister will be glad to set out the position, as he did the other day, and he can do so in the House. I cannot see us having any more time for debates.