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Dáil Éireann debate -
Wednesday, 25 Jun 2008

Vol. 657 No. 4

Order of Business.

The Taoiseach

It is proposed to take No. 20, statements on European Council, Brussels; No. a11, motion re proposed approval by Dáil Éireann of an agreement between the European Union and Australia on the processing and transfer of EU-sourced passenger name records data; No. 19, Nuclear Test Ban Bill 2006 — Order for Report, Report and Final Stages; and No. 4, Intoxicating Liquor Bill 2008 — Second Stage (Resumed).

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 20 shall, if not previously concluded, be brought to a conclusion after 80 minutes; the statements shall, if not previously concluded, be brought to a conclusion after 60 minutes and shall be confined to the Taoiseach and the main spokespersons for the Fine Gael Party, the Labour Party and Sinn Féin, who shall be called upon in that order, who may share their time and which shall not exceed 15 minutes in each case; immediately following the statements, a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; the suspension of sitting under Standing Order 23(1) shall take place at 1.30 p.m. or on the conclusion of No. 20, whichever is the later, until 2.30 p.m.; the proceedings on No. a11 shall, if not previously concluded, be brought to a conclusion after 55 minutes and the following arrangements shall apply: speeches shall be confined to a Minister or Minister of State and the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, who may share their time and shall not exceed 15 minutes in each case, and a Minister or Minister of State shall be called upon to make a speech in reply, which shall not exceed ten minutes.

Private Members' business shall be No. 5 – Victims' Rights Bill 2008 – Second Stage (Resumed), to conclude at 8.30 p.m. if not previously concluded.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal for dealing with No. 20, statements on European Council, Brussels, agreed? Agreed. Is the proposal regarding the suspension of sitting under Standing Order 23(1) agreed? Agreed. Is the proposal for dealing with No. a11, motion re proposed approval by Dáil Eireann of an agreement between the European Union and Australia regarding passenger name records, agreed?

Deputy Eamon Gilmore

No. This is a proposal on an agreement between the EU and Australia on the storage of passenger information. Opposition Whips were informed at 6.30 p.m. yesterday that important business would need to be taken today immediately after statements on the EU summit. A briefing document outlining the background was later circulated.

While we are not opposed in principle to the proposed agreement, we have not been able to research and examine its terms in the time available. I strongly oppose the way in which the Dáil is being asked to handle this business. It is not acceptable that Whips and spokespersons should be given little more than 12 hours notification. Unfortunately, it is not the first instance of such an occurrence. The Department of Justice, Equality and Law Reform is one of the worst offenders in this regard. The Labour Party will no longer accept a situation in which a parliamentary gun is put to its head and we are told we must agree to something like this without proper notice.

I listened to the Taoiseach's comments on making EU matters more relevant and further involving the House in EU relations, but this approach suggests that nothing has been learned from the referendum of two weeks ago. This type of approach has caused concern among the public as to whether the Dáil's role in these matters is being reduced to that of a rubber stamp. Labour Party Deputies are not prepared to agree to something of which we were notified at 6.30 p.m. yesterday and in respect of which we have not had time to consider and seek opinions and advice, but that is expected to be passed by the House in less than one hour.

This is a sensitive issue for the public. There is an understanding among the public of what must be done to ensure safety against terrorism while travelling and so on, but people are sensitive when it comes to their personal data being handed from one state to another and subsequently being stored. It is not acceptable that such a sensitive issue should be rushed through the House shortly after its notification. The Labour Party will not agree the proposal before the House.

Deputy Caoimhghín Ó Caoláin

I hold the same opinion as Deputy Gilmore and had indicated to speak on the matter. The motion was added to the schedule late yesterday evening. It has implications not only for data retention, but data protection and must, therefore, be of considerable concern to citizens and Deputies.

This is not the way to do business. We have not had an opportunity to discuss, examine and inform ourselves of the ramifications of the motion's adoption. The more correct approach would have been to refer this matter to a committee for substantive address and debate, following which the committee would inform the House accordingly. There is no explanation for rushing the motion. When the Taoiseach responds to Deputy Gilmore and me, will he advise us of the reason for the irresponsible rush? We would be irresponsible were we to glibly nod our heads and allow the motion to proceed unchallenged.

The Taoiseach

Let me be candid. I take the point that the approach is not ideal, but this matter appeared before and was approved by the Cabinet yesterday. In our briefing document, we indicated that the Slovenian Presidency of the Union is keen to finalise the agreement before its presidency concludes. That is not a determining factor for this Parliament, but it is the context in which we ask the matter to be taken.

The approach is not meant to set a precedent, but relates to the manner in which the matter came through our system and was approved yesterday. We are the only outstanding country from which approval is required if the agreement is to be signed under the Slovenian Presidency, which has given the matter some prominence and effort during its six-month term. It has been understanding of our recent situation. We should proceed on this basis. I take the Deputies' points, but the approach taken was unavoidable in this case.

An Ceann Comhairle

I must put the question again. Is the proposal for dealing with No. a11, motion re proposed approval by Dáil Éireann of an agreement between the European Union and Australia regarding passenger name records, agreed?

Deputy Eamon Gilmore

No.

Question put: "That the proposal for dealing with No. a11 be agreed to."

The Dáil divided: Tá, 70; Níl, 59.

Tá

Níl

Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

Deputy Enda Kenny

Will the Taoiseach tell the House whether reports in today's newspapers that the Cabinet yesterday considered and gave approval to the recommendations of the commission dealing with the boundaries of Dáil constituencies for general elections are accurate and that there will be no change in what is proposed within the remit of that commission? Some time ago, before the Taoiseach was confirmed in his new office, he said he had given south Offaly a declaration. Is it true, as reported in the newspapers, that he has accepted the commission's recommendations as they are?

Deputy Brian Hayes

It would be more like the Downing Street Declaration.

Deputy Denis Naughten

Deputy Coonan will have something to say about that.

Deputy Enda Kenny

Second, when is the pharmacy (No. 2) Bill likely to be published and what is the current status of the ongoing negotiations with pharmacists in respect of Government proposals to reduce their bottom line by €100 million, which caused a row earlier this year?

The Taoiseach

There is no date for the pharmacy (No. 2) Bill. The Electoral (Amendment) Bill came before the Cabinet yesterday and was accepted. I stated earlier that one would love to have seen a unanimous decision to amend. Unfortunately, that was not possible arising out of the debate. Deputy Enright and I may have to make a unilateral declaration of independence for south Offaly.

Deputy Eamon Gilmore

Today's newspapers are full of stories to the effect that the Government, and the Minister for Finance in particular, intend to wield the knife in respect of various areas of public expenditure.

An Ceann Comhairle

Deputy Gilmore knows this cannot be discussed on the Order of Business.

Deputy Eamon Gilmore

It is relevant to the Order of Business that I ask the Taoiseach whether he will offer the House an assurance that, some time between now and the summer recess, there will be a full statement either by him or by the Minister for Finance on what measures the Government intends to take in respect of the economy and the public finances.

An Ceann Comhairle

We cannot go into that now.

Deputy Eamon Gilmore

I am asking whether a statement will be made in the House by either the Taoiseach or the Minister for Finance on the economy and the public finances.

An Ceann Comhairle

The Taoiseach to respond on whether a debate is promised on this matter.

The Taoiseach

A debate is promised for the week beginning 7 July when Members will have an opportunity to discuss the matter. I cannot pre-empt or anticipate Government decisions. I have outlined generally the strategy by which we abide.

Deputy Richard Bruton

On the same issue, the Minister for Finance stated clearly yesterday that changes would be commencing now, suggesting an immediate response in July. The Taoiseach has said something contrary.

An Ceann Comhairle

We cannot go into that.

Deputy Richard Bruton

The Dáil needs to know which is the intention of the Government. This is the Order of Business.

An Ceann Comhairle

The question is whether the debate is promised.

Deputy Richard Bruton

Yes, the debate is promised.

An Ceann Comhairle

I ask the Taoiseach to confirm that there will be a debate.

The Taoiseach

Yes.

An Ceann Comhairle

I cannot go any further than that, as Deputy Bruton knows.

Deputy Richard Bruton

The Taoiseach could go further if only he were willing to be more co-operative.

Deputy Joan Burton

I asked the Taoiseach on the Order of Business yesterday whether we will be given some information on the updates to the national development plan so that this promised debate can be meaningful. If the Taoiseach expects us to debate the Exchequer returns as well, we must have a guarantee that the Minister for Finance or the Taoiseach himself, or both, will participate in the debate. It is a two-handed partnership, with one having just moved from the post of Minister for Finance and the other having reluctantly taken it up.

Deputy Brian Lenihan

I happily took up my post.

An Ceann Comhairle

We cannot go into this now.

Deputy Joan Burton

They must both be here to answer serious questions about the direction in which the country is going.

An Ceann Comhairle

We cannot go into that now.

Deputy Joan Burton

Can we have a statement from the Government as to how it intends to approach this? It is either a serious debate or it is meaningless.

An Ceann Comhairle

The Taoiseach may respond to say whether some material will be made available to Opposition spokespersons in order to facilitate the debate. That is the only part of the Deputy's question that is in order.

Deputy Joan Burton

Are we merely to have a succession of Ministers of State and Government backbenchers making speeches in some type of training exercise?

An Ceann Comhairle

We cannot have any speeches on this matter now.

The Taoiseach

The mid-year returns will be published next week. We will also have the Central Statistics Office figures for the first quarter. There will be plenty of documentation available to which Members can refer for the purposes of debating these issues in the House.

Deputy Joan Burton

Will the Taoiseach be in the House for the debate?

Deputy Emmet Stagg

The Law Reform Commission report on management companies was published yesterday. I welcome this report in so far as it goes. It includes draft legislation for the regulation, organisation and operation of management companies where they are required. In addition, we have been told that a high level committee comprising three Departments and including the relevant Ministers and their officials has examined the other aspects of this issue, including the situation of housing estates where management companies are incorrectly or unnecessarily put in place. Will the legislation that is being prepared by the Law Reform Commission be taken quickly? When can we expect to see the other legislation that was promised to deal with this overhang of housing estates with unnecessary and expensive management companies?

The Taoiseach

As the Deputy observed, discussions are taking place on an interdepartmental basis as to how this issue can be progressed. The Deputy pointed out that a legislative response has been published in respect of one aspect of the issue. We will now proceed to consider how the Law Reform Commission recommendations can be addressed by legislation or otherwise.

Deputy James Bannon

"Publication expected" will go down in the history of this ever floundering Government as the catchphrase of broken promises. We are continually disappointed by promises of legislation that will come before this House, but I assure the Taoiseach that we will persist in our queries.

An Ceann Comhairle

Does the Deputy have a question?

Deputy James Bannon

When will the designated land (housing development) Bill become more than merely an empty space on the legislative programme?

The Taoiseach

It will be published late this year.

Deputy Bernard J. Durkan

In view of the changing circumstances in the housing market and given that the lending institutions are entering into arrangements to repossess houses and are taking a loss and blacking the credit rating of the individuals concerned — I accept there is a Bill on this issue before the House——

A Deputy

It is promised.

Deputy Bernard J. Durkan

It is like everything else, it is promised. I ask that it be introduced as a matter of urgency because the banks and other financial institutions have a responsibility in this regard. Householders will be driven into the area of sub-prime lending.

An Ceann Comhairle

To which Bill is the Deputy referring?

Deputy Bernard J. Durkan

The legislation to which I refer is the building societies (amendment) Bill.

An Ceann Comhairle

The Taoiseach to respond on the building societies (amendment) Bill.

Deputy Bernard J. Durkan

I am not finished. This country has taken on a resemblance to Dodge City or Tombstone in the old days of the Wild West, with shootings taking place on a regular basis and gun fights on the street. Everybody seems to be concerned about this except the Minister for Justice, Equality and Law Reform.

An Ceann Comhairle

To what legislation is the Deputy referring?

Deputy Bernard J. Durkan

Will the crimes Bill and the criminal justice (exchange of information) Bill be brought before the House as a matter of urgency?

I have a further question on promised legislation. Unfortunately, one is spoiled for choice in that respect.

An Ceann Comhairle

We cannot have omnibus questions.

Deputy Bernard J. Durkan

In view of the impending closure of the Circle Line transport company and given the views expressed by the party concerned is it possible to bring about an early appraisal through the medium of the public transport Bill, which is No. 92?

An Ceann Comhairle

The Deputy has asked about four Bills.

The Taoiseach

Both the transport Bill and the building societies Bill are scheduled for later this year. The exchange of information Bill referred to was incorporated into the Mutual Assistance Act.

Deputy Bernard J. Durkan

There is another one.

The Taoiseach

We do not have a date of publication for the crimes Bill.

Deputy Bernard J. Durkan

When?

The Taoiseach

We do not have a date for it.

Deputy Bernard J. Durkan

That is very vague.

The Taoiseach

It is indefinite.

Deputy Tom Sheahan

The American Government has told its citizens that Ireland is a crime hot spot where car theft and gangland violence is rife. Has the Government contacted——

An Ceann Comhairle

About what legislation is the Deputy speaking?

Deputy Tom Sheahan

This is under the criminal justice Bill. Excuse me now——

An Ceann Comhairle

That question has already been answered.

Deputy Tom Sheahan

Has the Government, either through the Taoiseach, the Minister for Foreign Affairs, the Minister for Arts, Sport and Tourism or the Minister for Justice, Equality and Law Reform, in any way reported this?

An Ceann Comhairle

That question has already been answered. Deputy Flanagan is next.

Deputy Tom Sheahan

The State Department has issued an alert over rising murder and crime as well as a shortage of gardaí.

An Ceann Comhairle

Is the Deputy going to ask about legislation?

Deputy Tom Sheahan

I am asking, under the criminal justice Bill——

An Ceann Comhairle

The Deputy may ask when is it coming and so on but he cannot discuss its content or what the Americans have to say about Ireland, definitely not on the Order of Business.

Deputy Tom Sheahan

We are dependent on American tourists in this country and if the American State Department is telling its people not to come to Ireland we cannot take that.

An Ceann Comhairle

Will Deputy Sheahan resume his seat? I call Deputy Charles Flanagan.

Deputy Tom Sheahan

What I said about the gardaí was that they are well trained but lacking in manpower.

Deputy Charles Flanagan

I endorse what my colleague, Deputy Sheahan, has said in regard to the Criminal Justice (Miscellaneous Provisions) Bill which I hope will be brought to the House at the earliest opportunity.

Deputy Micheál Martin

It will assist the prospects for Killarney tourism.

Deputy Charles Flanagan

I raised a matter yesterday and also last week and do not wish to detain the House but it is an important issue in regard to the manner in which we engage in the process of business here. I speak about the Intoxicating Liquor Bill which is before the House. We raised the matter last night at the outset of the debate. The Minister for Justice, Equality and Law Reform has not indicated a favourable response to requests from this side of the House that sufficient time be made available to discuss Committee Stage of this legislation. I express my disappointment with the office of the Minister of State at the Department of the Taoiseach because I have had to raise this matter again. What are the arrangements? Yesterday, the only response I received from the office of the Government Whip when I asked the arrangements for Committee Stage, given the guillotine has been sharpened for this and, indeed, other legislation, was that Report Stage would be taken next week. How could Report Stage be listed for this Chamber for next week when the First Stage had not been moved when I got the message? This is a serious question. I regret the fact the Ceann Comhairle is being dismissive of what I say.

An Ceann Comhairle

I am not.

Deputy Charles Flanagan

It appears that the written Whips' message we receive daily is being changed every day. We had it earlier this morning in connection with another issue of importance Deputy Gilmore brought before the House. Each change to the Whips' message on a daily basis is for the convenience of Government not for the convenience of the House. If Ministers want co-operation, particularly in the last few weeks when there may well be a need for legislation to be processed, it will only be forthcoming if it is a two-way street and we know what is going on. There will be no co-operation in facilitating Committee Stage or the completion of the Intoxication Liquor Bill unless and until sufficient time is made available on Committee Stage to allow the detailed aspects of the legislation to be dealt with fully. We owe it to the people.

Deputy Pat Rabbitte

I wish to raise two matters, one of which relates to the point raised by Deputy Flanagan. My distributed schedule of business states: "Report Stage business planned for schedule next Dáil week, beginning 30 June — Intoxicating Liquor Bill." The Bill only originated in the House after Private Members' business last night. The Bill started life last night and it is suggested in the schedule of business that we take Report Stage next week. The normal unwritten protocol is that we would have a couple of weeks to prepare amendments. I hope the Taoiseach will be able to reassure the House that will apply here.

The second matter relates to the Offences Against the State (Amendment) Act 1998: Motion, that the House took in some tempestuous circumstances last week when the Minister for Justice, Equality and Law Reform felt that he had other business to do outside of the House and sent in a Minister of State who has no delegated order to take this issue. It has, apparently, transpired that section 5 of that legislation was repealed by section 3 of the Criminal Justice Act 2007, yet we went ahead and reaffirmed it in a 50 minute debate last week. I ask the Taoiseach, I do not expect him to know off the top of his head, whether there is a question about the legal validity of the motion that was passed, since we could not reaffirm a section that is no longer in the legislation.

The Taoiseach

I will check it — I do not know if there is substance to that point. The fact is that it has been repealed by legislation. If it is included in the reaffirmation of the Offences Against the State Act, if I understand the point, that would suggest, which the original legislation continues to include that section, it has been repealed by other legislation. There are many issues of law where we still have on the Statute Book, prior to consolidation or prior to modernisation or codification of law, provisions which are repealed by other legislation, which do not come into effect simply by their existence, since the repealing provision supersedes the original.

Deputy Pat Rabbitte

We expressly included it in the motion. The motion reaffirmed sections 2 to 12 and section 5 of the Offences Against the State Act which related to certain inferences that might be drawn. Section 5 of the legislation relates to inferences from failure of accused to mention particular facts. In the 2007 legislation that was repealed by section 3 of the Criminal Justice Act. We went ahead and reaffirmed it in the motion. I ask the Taoiseach to take advice as to whether there is any question about the legal validity of the motion we passed.

The Taoiseach

I will take advice obviously and come back to the Deputy and clarify the matter.

In regard to the Intoxicating Liquor Bill, my understanding is that there is an intention to try to enact this legislation before the House rises for the recess on the basis that there are some very important public order offences being provided for in that legislation which would win the widespread support of everyone in the House in terms of the benefit that might derive from the early enactment of the Bill. The Whips will meet this evening to settle on next week's business in whatever way that can the accommodated. The Government would appreciate it because all Members would regard those public offences provisions, particularly, but not exclusively, as timely.

Deputy Seymour Crawford

I wish to raise three issues. In light of the extraordinary legal charges solicitors are imposing on people who have debt problems, especially in regard to mortgages, when will the legal costs Bill come before the House? Given the failure of the HSE to provide true facts in regard to frontline staff, when will the health information Bill come before the House? Given that the Taoiseach has clearly stated in the House that the fair deal Bill will not come before the House this session, how will he put in place a structure that will allow families——

An Ceann Comhairle

The Deputy cannot go into it now.

Deputy Seymour Crawford

It has to be gone into, a Cheann Comhairle.

An Ceann Comhairle

It might have to be, but it cannot be gone into now.

Deputy Seymour Crawford

It is the most serious issue——

An Ceann Comhairle

It cannot be gone into now.

Deputy Seymour Crawford

——as far as the elderly and those who built the State are concerned.

An Ceann Comhairle

On the two pieces of legislation, Taoiseach.

Deputy Seymour Crawford

For months now——

An Ceann Comhairle

No, I cannot deal with that now.

Deputy Seymour Crawford

——they are in complete limbo.

An Ceann Comhairle

On the two pieces of legislation, Taoiseach.

Deputy Seymour Crawford

We cannot go on like that. The money was allocated for a fair deal and surely some of that money can be made available.

An Ceann Comhairle

The Taoiseach to reply on the legislation. Please, Deputy Crawford.

The Taoiseach

I can only deal with legislation. Bills are due next year on the two matters Deputy Crawford raised. As I indicated to the Leader of the Opposition, we do not expect to be able to take the other legislation before the Dáil rises.

Deputy Róisín Shortall

It is three or four years since the Minister for Social and Family Affairs promised to reform the one-parent family payment. The Taoiseach and all Members of the House will be aware of the urgent need to remove the poverty traps for lone parents——

An Ceann Comhairle

Is legislation promised on that?

Deputy Róisín Shortall

——and to remove the obstacles to low-income parents living together or getting married. Why is there such a delay in bringing forward the legislation? Will the Taoiseach indicate what work is being done and when we can expect to see the legislation?

An Ceann Comhairle

Is legislation promised in this area, Taoiseach?

The Taoiseach

There is no date for that legislation.

An Ceann Comhairle

I call Deputy Reilly.

Deputy James Reilly

A number of pieces——

Deputy Róisín Shortall

I am sorry, a Cheann Comhairle, but the legislation has been promised now for four years and it is on the current list. Can the Taoiseach give some indication of when we can expect the legislation this year?

An Ceann Comhairle

He said he cannot.

The Taoiseach

I cannot give any indication.

Deputy James Reilly

I wish to inquire about a number of pieces of legislation. First, yesterday I asked the Taoiseach whether any interim measures would be introduced for long-stay patients in nursing homes.

An Ceann Comhairle

We cannot go into that now.

Deputy James Reilly

Given that no legislation is in place on the fair deal, the Taoiseach said legislation would have to be introduced to change matters. My understanding is that a ministerial order can increase the subvention and give people some relief——

An Ceann Comhairle

Is a ministerial order promised in this area?

Deputy James Reilly

——because €110 million is sitting there. That is one area on which I wish to question the Minister.

An Ceann Comhairle

Yes, about a ministerial order.

Deputy James Reilly

I wish to address a number of others areas of legislation also. The largest award for negligence in the history of the State was made in the courts yesterday——

An Ceann Comhairle

There is no hope that we can go into that.

Deputy James Reilly

——against the maternity unit in Our Lady of Lourdes Hospital.

An Ceann Comhairle

What is the legislation?

Deputy James Reilly

I wish to express my sympathy to Aaron Trimble and his family——

An Ceann Comhairle

No, please.

Deputy James Reilly

——who have been robbed of a normal life through an oxygen cylinder that had no oxygen——

An Ceann Comhairle

To what legislation does Deputy Reilly refer?

Deputy James Reilly

——and a foetal monitor that had no paper at a crucial moment.

An Ceann Comhairle

Deputy Reilly, I cannot have a debate on the health service now.

Deputy James Reilly

I refer to the nurses and midwives Bill.

An Ceann Comhairle

The nurses and midwives Bill. That is two. What is the next one?

Deputy James Reilly

There is evidence of overcrowding and incapacity.

An Ceann Comhairle

What is the next one?

Deputy James Reilly

The next one is the estimate I raised yesterday of €500 million by the State Claims Agency in regard to MRSA, which does not mention Clostridium.

An Ceann Comhairle

Come on, Deputy Reilly. On the legislation, Taoiseach.

Deputy James Reilly

We are looking at possibly €1 billion.

An Ceann Comhairle

Deputy Reilly, I am not having a debate on health now. That is not fair to the other Deputies. I am not going into that now. On the legislation.

Deputy James Reilly

This is penny wise and pound foolish. We are not investing in our hospitals in a proper way with proper management and, as a consequence, we are facing legal bills of billions of euro.

An Ceann Comhairle

Deputy Reilly must resume his seat and allow the Taoiseach to reply on the legislation.

Deputy James Reilly

If that money were invested in our hospitals, we would not face those problems. Will that be dealt with under the health information Bill?

An Ceann Comhairle

On the health information Bill.

Deputy James Reilly

The last issue relates to the dentists Bill. Given the shocking fact that 40% of people in the country——

The Taoiseach

The nurses and midwives Bill will come before the House next year.

Deputy James Reilly

——are not covered by a dentist.

An Ceann Comhairle

The Taoiseach has answered.

Deputy James Reilly

That is 40% of the population. We have to know when the dental Bill will be introduced to address the issue.

An Ceann Comhairle

We cannot have a debate on health now. The Taoiseach to reply on the dental Bill.

The Taoiseach

There is no date for that.

Deputy Bernard J. Durkan

It is in decay.

Deputy Dick Roche

Like Fine Gael.

Deputy Billy Timmins

In recent months certain reported statements have been attributed to the honorary consul of Ireland in the Lebanon which, in my view, were wholly inappropriate for someone who holds that position.

An Ceann Comhairle

That is fine but we cannot talk about it now.

Deputy Billy Timmins

I would like the Taoiseach to request the Minister for Foreign Affairs——

An Ceann Comhairle

No, the Deputy cannot do that now.

Deputy Billy Timmins

——to check into the accuracy of the statements——

An Ceann Comhairle

I call Deputy Ciarán Lynch.

Deputy Billy Timmins

——and if they are accurate the consul should be removed from that position. I refer to Mr. Khaled Daouk.

An Ceann Comhairle

Do not mind honorary consuls at this hour of the morning. I call Deputy Ciarán Lynch.

Deputy Ciarán Lynch

I wish to raise two matters that relate to the brief of the Minister for the Environment, Heritage and Local Government, Deputy Gormley. It is unfortunate that he has just left the Chamber because he could have advised the Taoiseach on his reply.

The first question relates to the social housing (miscellaneous provisions) Bill. I believe the Minister, Deputy Gormley, is meeting tenants in Cork tomorrow who wish to purchase their homes. When will the legislation come before the House? It was included in the programme for Government and it was indicated that it would come to the House before the summer.

An Ceann Comhairle

That is fine. The housing (miscellaneous provisions) Bill is one matter.

Deputy Ciarán Lynch

Does the Taoiseach have a date for when the legislation will come before us? The second matter relates to the planning and development regulations, which is secondary legislation that will come before the House tomorrow without debate. I wish to raise a number of matters in connection with the issue. The Labour Party is fully supportive of increasing renewable energy capacities but this——

An Ceann Comhairle

No. The Deputy must ask about legislation.

Deputy Ciarán Lynch

——should not be at the expense of transparency and due process. A number of issues are involved. Given that we are identifying a specific type of industry that would be exempt from planning permission, has the Minister sought legal advice on the matter?

An Ceann Comhairle

We cannot go into that now.

Deputy Ciarán Lynch

I refer to secondary legislation, a Cheann Comhairle. The other two matters are——

An Ceann Comhairle

Whether the Minister sought legal advice is not relevant now. I have to move on.

Deputy Ciarán Lynch

We accept that the planning system is far from perfect——

An Ceann Comhairle

On the legislation, Taoiseach.

Deputy Ciarán Lynch

——but what the Minister proposes to do tomorrow——

An Ceann Comhairle

No, we cannot have a speech on it.

Deputy Ciarán Lynch

——is to make changes to the legislation.

An Ceann Comhairle

No, I am not doing it. The Taoiseach to respond on the legislation.

Deputy Ciarán Lynch

I strongly state my party's opposition to dealing with the matter in the House without debate.

An Ceann Comhairle

The Deputy cannot debate the matter now. He must know that.

Deputy Ciarán Lynch

Will the Taoiseach facilitate this side of the House to have the matter debated, given the extended consequences of the secondary legislation?

An Ceann Comhairle

The Taoiseach to reply on the legislation.

The Taoiseach

I do not believe a debate is envisaged for the planning regulations. I cannot give a date on the social housing (miscellaneous provisions) Bill, but it is hoped that it will be introduced soon.

Deputy Denis Naughten

I wish to ask the Taoiseach about promised legislation and when he responds perhaps he would address why the three beds that cost €2 million are vacant in the special care baby unit of Portiuncula Hospital, Ballinasloe, because of the lack of staff and resources.

An Ceann Comhairle

I cannot go into that now.

Deputy Denis Naughten

The legislation to which I refer is the child care Bill.

The Taoiseach

It is hoped to publish the Bill this session.

Deputy Caoimhghín Ó Caoláin

Following the Government's recent decision to withdraw its opposition to the EU directive to protect the rights of agency workers and agreement at the Council of Ministers, it is now the Government's responsibility to introduce domestic legislation to give effect to the decision. However, there is a two-year period of time within which this should be done. As there are clearly very serious implications for agency workers who are employed within this jurisdiction and the spin-off adverse effects on those who are directly employed that we have heard about in this House many times, will the Taoiseach bring forward the introduction of the legislation in line with the decision made at the Council of Ministers?

An Ceann Comhairle

On the legislation, Taoiseach.

The Taoiseach

It is a now a matter for discussion with the social partners.

Deputy Kathleen Lynch

The Taoiseach will be acutely aware of a case earlier this year in regard to an accusation of rape——

An Ceann Comhairle

We cannot go into that.

Deputy Kathleen Lynch

I will get straight to the point.

An Ceann Comhairle

Please do.

Deputy Kathleen Lynch

The case related to a woman with an intellectual disability. The mental capacity Bill is vitally important in this area and it needs to be brought forward as a matter of urgency. I would like to know when it will be before the House?

The Taoiseach

I understand it is hoped to bring the mental capacity Bill to the House later this year.

Deputy Lucinda Creighton

I have three matters to raise. I wish to ask the Taoiseach about plans at EU level for the small business Act for the European Union that will be implemented in directive form. Does the Government have a particular position on it and will any such position be published in advance of negotiations on the directive? This is a particularly important directive in terms of targeting red tape and reducing bureaucracy for small and medium sized businesses across the EU and also in the light of the vote on the Lisbon treaty.

Second, is the Taoiseach aware that the Minister, Deputy Gormley, and his advisers have been making commitments to residents and the media on the amendment of the planning legislation regarding CPO procedures? It is particularly relevant because it has been in the newspapers in recent days. It is especially relevant to my constituency given that we have had a maverick——

An Ceann Comhairle

I know that but we cannot go into the matter. Deputy Creighton asked a question on the legislation. What is the third matter?

Deputy Lucinda Creighton

——buying up alleged freehold titles and it seems that the council can do nothing. This is a problem across the country.

An Ceann Comhairle

What is the third legislative measure?

Deputy Lucinda Creighton

The third issue relates to a specific Cabinet Minister, namely, Deputy Gormley, using his name on the national radio and using taxpayers' money to advertise——

An Ceann Comhairle

No, hold on.

Deputy Lucinda Creighton

——himself. That is a completely inappropriate——

An Ceann Comhairle

I am not going to discuss whether the Minister, Deputy Gormley, advertises himself on the radio.

Deputy Lucinda Creighton

——and there is a precedent because the former Minister of State, Tom Parlon, was slapped down for doing the same thing in recent years.

An Ceann Comhairle

The Taoiseach to reply on the two pieces of legislation.

Deputy Bernard J. Durkan

Hear, hear. He is promoting himself.

The Taoiseach

I understand the first issue is a policy framework decision at EU level, not a directive. I advise the Deputy to table a parliamentary question to the line Minister seeking detailed information on what is the policy position on it.

I will have to check about the second matter. I am not aware of what amending planning legislation the Deputy referred to. I will have to check that for her.

Deputy Charles Flanagan

Does the Taoiseach often see the Minister, Deputy Gormley?

An Ceann Comhairle

I call Deputy McHugh.

The Taoiseach

Very regularly.

Deputy Billy Timmins

Too regularly.

Deputy Bernard J. Durkan

The Minister is invisible.

Deputy Joe McHugh

A Cheann Comhairle——

Deputy Lucinda Creighton

In the advertisements.

An Ceann Comhairle

Allow Deputy McHugh to speak.

Deputy Joe McHugh

Children with special educational needs are having their hours slashed for the year starting in September.

An Ceann Comhairle

What is the legislation, Deputy?

Deputy Joe McHugh

I admire your consistency, a Cheann Comhairle, because you always interrupt me after 1.25 seconds every day I speak on the Order of Business. Vulnerable children who suffer from brittle asthma, ADHD, autism to spina bifida——

An Ceann Comhairle

If the Deputy was in order I would not interrupt him.

Deputy Joe McHugh

When will the education Ireland Bill be published? There is provision for recourse, which is not possible at the moment, for boards of management, principals or parents to get their cases reviewed. The Education for Persons with Special Educational Needs Act needs to be fully implemented. When will this happen? Will it be included with the education Ireland Bill?

The Taoiseach

I do not believe it will be included in the education Ireland Bill, which is due later this year.

Deputy Paul Connaughton

With the crossfire going on here in the past few minutes, I did not hear exactly what the Taoiseach said. Is the fair deal legislation being introduced this year and, if not, when will it come?

The Taoiseach

It is unlikely to be introduced before this session ends.

Deputy Paul Connaughton

Do I take it that it will be introduced by the end of the year in the next session?

The Taoiseach

It is unlikely before this session.

Deputy Paul Connaughton

Will funding be available to carers and others in receipt of subventions?

An Ceann Comhairle

We cannot have that, as I have already told Deputy Reilly.

Deputy Paul Connaughton

Will there be a top-up between now and then?

An Ceann Comhairle

We cannot go into top-ups either.

Deputy Paul Connaughton

I believe the Taoiseach wants to answer that question.

An Ceann Comhairle

It does not matter. I cannot go into such issues.

Deputy Paul Connaughton

You are very grumpy today, a Cheann Comhairle.

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