Order of Business.

The Taoiseach

It is proposed to take No. 16, statements on the European Council, Brussels; No. 14, Housing (Miscellaneous Provisions) Bill 2008[Seanad] — Second Stage (resumed); No. 15, Broadcasting Bill 2008 [Seanad] — Order for Report and Report and Final Stages; and No. 3, Health (Miscellaneous Provisions) Bill 2009 — Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after 85 minutes and the following arrangements shall apply: the statements shall be confined to the Taoiseach and to 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 shall not exceed 15 minutes in each case, a Minister or Minister of State shall take questions for a period not exceeding 20 minutes and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; the suspension of sitting under Standing Order 23(1) shall take place at 1.30 p.m., or on the conclusion of No. 16, whichever is the later, until 2.30 p.m.; and in the event that a division is in progress at the time fixed for taking Private Members' business, the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted on the conclusion of Private Members' time which shall be taken for 90 minutes tonight and Standing Order 117(3) shall not apply.

Private Members' business shall be No. 52, motion re social welfare and consumer debt (resumed), which is to conclude at 8.30 p.m. tonight, if not previously concluded.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal for dealing with No. 16, statements on the European Council, Brussels, agreed to? Agreed. Is the proposal relating to the suspension of the sitting under Standing Order 23(1) agreed to? Agreed. Is the proposal that the Dáil shall sit later than 8.30 p.m. tonight agreed to? Agreed.

Deputy Enda Kenny

Yesterday, I asked the Taoiseach about the delay in the Defamation Bill, which has reached Committee Stage, and he indicated a number of amendments are being drafted by the Attorney General and the Minister for Justice, Equality and Law Reform. Today, I read reports that the Minister intends to introduce a privacy Bill. Has the Government made a decision on this because it is not included under any of the headings in sections A, B or C of the legislative programme? Is this a new Bill being proposed by the Minister for Justice, Equality and Law Reform? Has the Government decided on it and, if so, when is it likely to appear?

What progress has been made on No. 48, the education (patronage) Bill which is due for publication in 2009? There is a great deal of contention throughout the country with regard to No. 44, the fisheries (amendment) Bill which proposes to abolish seven regional boards and amalgamate them under one central board. It is due for publication in 2009. At what stage is that Bill?

The Taoiseach

The heads of the fisheries (amendment) Bill were cleared a few weeks ago and it is progressing to detailed drafting. The heads of the education (patronage) Bill are expected shortly for consideration. The Privacy Bill is on section D of the list because it was published in 2006. The questions of defamation and privacy were to be considered. It has been published for a long time and is waiting a hearing. The Minister has indicated that he intends to proceed with the consideration of the Bill.

Deputy Eamon Gilmore

Previously, I raised with the Taoiseach the legislative implications of the announcement to amalgamate certain State agencies made in last October's budget by the Minister for Finance. Among these is the Equality Authority. The legislation has not been published but in the meantime the budget of the Equality Authority has been cut and it is proposed to decentralise the authority. The Minister for the Environment, Heritage and Local Government told his party conference that he had secured the reversal of these decisions. Yesterday, the Minister for Justice, Equality and Law Reform told the House that there was no reversal and that the decentralisation would increase from 16 to 23 in the time ahead. Will we see legislation on this matter? Is the reason for the continued absence from the House of the Minister for the Environment, Heritage and Local Government that he is licking his wounds following the statement yesterday by the Minister for Justice, Equality and Law Reform?

I also wish to discuss a circular issued last week by the Department of Finance to all Departments in connection with the embargo on recruitment in the public services. The circular is very belt and braces and states that no recruitment of any kind may be pursued by Departments or agencies. I understand this includes a complete embargo on the renewal of fixed-term contracts.

An Ceann Comhairle

This is not relevant to the Order of Business.

Deputy Eamon Gilmore

It is and I will explain why it has to do with the business of the House.

Deputy Pádraic McCormack

It is very important.

Deputy Eamon Gilmore

I expect the circular and its implications will give rise to parliamentary questions. The problem is that the circular expressly states that individual Departments no longer have discretion in this matter and that any exemption from the embargo must have the approval of the Minister for Finance. In asking this question, I seek guidance from the Ceann Comhairle. If we table questions to a line Minister in connection with the embargo or the renewal of fixed short-term contracts in Departments or agencies will the question be answered or will we be told that, as a consequence of the circular, the Minister no longer has responsibility for the matter? It is clear from the circular that responsibility is being transferred from line Ministers and their Departments to the Minister for Finance. What is the position if a Member tables a question, on services at an agency where contracts are not being renewed, to the Minister for Transport or to the Minister for Health and Children, a Department in which I think many issues on this will arise, or to the Minister for Justice, Equality and Law Reform? Can the Minister answer the question and how will he or she do so if, as a consequence of the circular, the Minister no longer has responsibility for it?

Deputy Pádraic McCormack

They never answer them anyway.

The Taoiseach

With regard to the second matter, the moratorium decision applies to a range of people, including the temporary appointment on a fixed-term basis and the renewal of such contracts. Any exceptions to this principle, which will arise in very limited circumstances, require the prior sanction of the Minister for Finance. This sanction will be forthcoming only when the Minister is satisfied that the post is essential to the delivery of a public service or to the performance of an essential function and that every effort has been made to fill the post by redeployment. The consent and agreement of the Minister for Finance is required to ensure we have control over public service numbers as a component of controlling public finances generally.

With regard to the Equality Authority, recently the Minister agreed in principle to a request from the chair of the Equality Authority to delay on hardship grounds the transfer of staff from Dublin to Roscrea. He asked his officials to work out details on a case by case basis with the acting chief executive officer of the authority and to review the situation again in 2011 when other aspects of the wider decentralisation programme are due to be reviewed. I have not seen the reply given yesterday to which the Deputy referred. Whether it took account of this arrangement which was expressed by the Minister for the Environment, Heritage and Local Government at his party conference, this is the situation.

Deputy James Bannon

While the day that is in it seems to have given The Irish Times scope for an apparent flight of fancy that would see tax exiles electronically tagged in line with sheep and certain criminals, the financial services (miscellaneous provisions) Bill is long overdue. When can we expect publication, with or without the tagging provisions?

Deputy Joan Burton

On the same point, is it true that tax exiles or fugitives who return to Ireland tagged will then be sent to Longford?

The Taoiseach

The idea was that one was supposed to have a sense of humour and laugh at it.

Deputy Bernard J. Durkan

We were.

Deputy Bernard Allen

We laugh at a lot of things these days.

Deputy Eamon Gilmore

We said they should be taxed, not tagged.

The Taoiseach

The financial services (miscellaneous provisions) Bill is due later this year.

Deputy Ciarán Lynch

On the same point, perhaps we could recycle the e-voting machines into tags for tax exiles?

Deputy Tom Hayes

Is legislation promised or proposed on people charged with serious crime who have caused consternation in a locality and who are out on bail?

Deputy Bernard J. Durkan

Hear, hear.

Deputy Tom Hayes

There is widespread concern and the public perception is that nothing is being done.

Deputy Bernard J. Durkan

Hear, hear.

An Ceann Comhairle

Never mind that, Deputy Hayes must be specific if he wants to ask a question.

Deputy Dan Neville

Tipperary town.

Deputy Tom Hayes

I am speaking about my own locality which featured much in the media. The public is concerned that these people are being brought before the courts but are being released on bail. Yesterday, another incident occurred in a nearby village.

An Ceann Comhairle

I suggest that the Deputy puts a question to the Minister for Justice, Equality and Law Reform or raises it on the Adjournment in order that we can discuss it. If the Deputy has a question about specific legislation, that is fair enough.

Deputy Tom Hayes

People are frightened and concerned that nothing is being done.

Deputy Bernard J. Durkan

Hear, hear.

Deputy Tom Hayes

I want to know whether legislation will be introduced to at least——

An Ceann Comhairle

The Deputy must state the name of the legislation and, if the legislation is not promised, the question is not in order. That is the way it works. I do not make the rules, I merely enforce them.

Deputy Pádraic McCormack

It is a long long way to Tipperary.

Deputy Denis Naughten

With regard to secondary legislation laid before the House yesterday, No. 8, the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009, will it introduce a duplication of inspection from the Department of Agriculture, Fisheries and Food and local authorities with regard to water quality? In light of the current economic circumstances and given that we do not have resources to provide home help, why are we introducing a second layer of inspections on the agricultural community? Will we have an opportunity in the House to debate S.I. No. 101 of 2009?

An Ceann Comhairle

Is this matter due? We cannot discuss why.

The Taoiseach

This refers to the nitrates directive and is a matter for the Department of the Environment, Heritage and Local Government. Perhaps a question can be tabled on it.

Deputy Bernard J. Durkan

Deputy Johnny Brady will be concerned about it.

Deputy Denis Naughten

It is on the Order Paper.

Deputy Ciarán Lynch

There are ongoing reports that 4,000, if not 6,000, affordable homes will be vacant by the end of this year. The Housing (Miscellaneous Provisions) Bill is before the House. I understand the Minister's Department is drafting no further amendments to the Bill. Given that this problem will develop further over the year, will the Government consider the introduction of emergency legislation if so required, in order that the prices of these houses can be rescheduled with local authorities——

An Ceann Comhairle

Is legislation promised on this?

Deputy Ciarán Lynch

I would like to finish the point.

An Ceann Comhairle

The Deputy can ask about the Housing (Miscellaneous Provisions) Bill, but that is about it.

Deputy Ciarán Lynch

With respect, it depends on how one defines a housing crisis. We had a housing crisis——

An Ceann Comhairle

No it does not. It depends on whether it is within the Standing Orders.

Deputy Ciarán Lynch

——as far as the Government was concerned, when house prices were dropping.

An Ceann Comhairle

It does not depend on that. It depends on whether the Deputy's question is within the Standing Orders of the House. It does not depend on houses, extraneous matters, or extraterrestrial matters. It matters whether it is within the Standing Orders of the House.

Deputy Ciarán Lynch

If I can continue, I will remain in order.

An Ceann Comhairle

I will ask the Taoiseach to answer the relevant part, and I will move on. I cannot allow anything else, and the Deputy knows that.

Deputy Ciarán Lynch

There is a possibility of 8,000 affordable homes being vacant at the end of the year that will not be sold.

The Taoiseach

The Housing (Miscellaneous Provisions) Bill is on Second Stage today and there will be an opportunity to raise these matters and obtain a reply from the Minister when Second Stage has been wrapped up.

Deputy Ciarán Lynch

The Minister stated his Department will not draft any more amendments——

An Ceann Comhairle

The Deputy can raise that matter today when the Bill is being discussed.

Deputy Jan O’Sullivan

I welcome the announcement by the Government to ban the so-called party drug BZP. Have the regulations on this been implemented?

The second issue I wish to raise is the Adoption Bill 2009, which was on the list of legislation for this term. It is coming from the Seanad. There is a concern that the bilateral agreement between Ireland and Vietnam is coming to an end and that a time factor may cause serious difficulties for people adopting Vietnamese children. It is linked to this Bill. Does the Taoiseach have any information on the Vietnamese situation and on when the Bill will be before the House?

The Taoiseach

The Minister of State, Deputy Andrews, is seeking to extend that date for another few months, pending discussions that are ongoing with the Vietnamese authorities, so that the issue does not lapse. I will ask his office to contact the Deputy and provide her with the up-to-date situation.

The Minister for Health and Children stated yesterday that, following a Government decision, she had signed the statutory instrument required to give effect to the Council's decision to subject BZP to control measures and criminal sanctions. It is no longer for sale around the country, something that had been an issue of concern to the Deputy and others.

Deputy Martin Ferris

Given that we have the highest proportion of cystic fibrosis sufferers in the world and the worst facilities in Europe, where most die under the age of 30, when will the eligibility in health and personal services Bill be published? Will it address the rights of people, such as cystic fibrosis sufferers who have been betrayed by the Government, as it has broken its commitment to develop the essential unit at Saint Vincent's Hospital by 2010?

An Ceann Comhairle

We cannot ask about the content.

Deputy Martin Ferris

Will the Minister raise it at Cabinet?

The Taoiseach

There is no date for that Bill, but we will see what we can do regarding the other matter.

Deputy Liz McManus

The town of Bray was deeply shocked yesterday at the news that 240 jobs would be lost at Schering Plough. We all believed it was a good company and we knew it had a good workforce.

An Ceann Comhairle

We cannot discuss that now.

Deputy Liz McManus

Conscious of the fact that we have seen a series of major job losses, at AO Smith and Dell, there are now semi-derelict buildings in Bray as a result of such job losses.

An Ceann Comhairle

If the Deputy wishes to raise the issue on the Adjournment, her question will be considered.

Deputy Liz McManus

Can the Taoiseach ensure the Industrial Development Bill 2008 currently going through the House is amended to deal with the issues relating to the inaction by the IDA, the lack of an enterprise centre in my community——

An Ceann Comhairle

I must ask the Deputy to resume her seat.

Deputy Liz McManus

——and the lack of support from Enterprise Ireland to ensure people can go back to work?

An Ceann Comhairle

Deputy McManus is entitled to raise the matter in another way, and every effort will be made to facilitate the Deputy. There is no point in both of us talking to ourselves. I call on Deputy Durkan.

Deputy Liz McManus

I asked a question about legislation.

The Taoiseach

Regarding the Industrial Development Bill 2008, all these matters can be discussed in that context. I make the point that the IDA is constantly——

Deputy Liz McManus

The IDA has sat on land in Greystones for over a decade. It turned away business.

The Taoiseach

The Deputy obviously does not want to hear my reply.

Deputy Bernard J. Durkan

The Ceann Comhairle will no doubt be relieved to know I do not propose to raise the ongoing issue of the increased levels of crime but, with his permission, I will raise it next week. I would like clarification in respect of promised legislation in two areas. I did not hear the Taoiseach correctly yesterday when he spoke about the preparation of legislation relating to estate management companies. I still do not know whether the legislation that comes before the House has been fully agreed between the various Departments that had an input, and if it will be brought into the House as a matter of urgency.

The Taoiseach

It is being prepared and we should have it for the next session.

Deputy Bernard J. Durkan

When is it proposed to bring in the legislation for the establishment of a national biofuels obligation scheme and to provide amendments to the Act, in light of the developments to facilitate NORA's ongoing activities? I am not certain what NORA's ongoing activities are, but perhaps the Taoiseach might be able to give us some indication as to when the legislation will be produced in the House.

The Taoiseach

NORA is an oil reserve agency, just in case there is any excitement on the far side of the House.

Deputy Bernard J. Durkan

In view of the serious elements of that legislative proposal, is it intended to expedite it?

The Taoiseach

The heads of the Bill are expected later this year.

Deputy David Stanton

I believe a bilateral agreement on adoption between the Irish and Vietnamese authorities is to be laid before the House at some stage. There is a hold up in the Department on that issue, and it would be good if the Taoiseach could expedite it.

We have been promised proposals on Dáil reform by the Government for some time. Will we see them this side of Easter, or is there any sign of them at all?

The Taoiseach

The Whip has a working group examining that issue, and the matter will come to the House as soon as it is completed.

Deputy David Stanton

When will that happen?

The Taoiseach

It will be during this Dáil.

Deputy David Stanton

So it will be sometime in the next year and a half.

Deputy Billy Timmins

It will be in the lifetime of the building.

The Taoiseach

It is one way of being proved right.

Deputy Enda Kenny

The signs are up. Men at work.

The Taoiseach

There is much discussion with the Vietnamese authorities on the matter we discussed earlier.

Deputy Michael D. Higgins

When will we see the competition (amendment) Bill, especially section 4 which affects trade union participation? When the foreshore legislation is published, who will be the lead Minister for it? Will it include coastal zone management?

The Taoiseach

I understand the foreshore issue will be between the Department of the Environment, Heritage and Local Government and the Department of Agriculture, Fisheries and Food. It will be published later this year, as will the competition (amendment) Bill. We will have a busy second half of the year.

Deputy Michael D. Higgins

Is it envisaged that those responsible for coastal zone management will transfer from the Department of Agriculture, Fisheries and Food to the Department of the Environment, Heritage and Local Government? Which Minister will sponsor the legislation?

The Taoiseach

I understand the coastal zone management will be transferred to the Department of the Environment, Heritage and Local Government.

Deputy Michael D. Higgins

That is the end of that.

The Taoiseach

I do not know whether that is a good thing.

Deputy Emmet Stagg

Deputy Higgins is being dumped on again.

Deputy Joan Burton

That is not a 1 April joke.

The Taoiseach

I am a partisan of agriculture myself.

Deputy Liz McManus

Is that the colour of the Minister now?

Deputy Joanna Tuffy

Last night on "Prime Time" a young man who wished to set up a new business in a heritage development near the Grand Canal was interviewed. He could not get the back to work enterprise allowance because to be eligible he had to be on the dole for two years. Yet he had a good business proposal. Is there upcoming social welfare legislation to bring back the period during which one may qualify for back to work allowances including the enterprise allowances?

An Ceann Comhairle

Is legislation promised in this area?

The Taoiseach

I agree with Deputy Tuffy that we must examine these issues to ensure people who have ideas are not deprived of doing something because of the application of an unrelated rule.

Deputy Joe Costello

When does the Taoiseach propose to transpose the temporary agency workers directive into legislation? When can we expect the Bill?

The Taoiseach

Is the Deputy referring to the employment agency regulation Bill?

Deputy Joe Costello

Yes.

The Taoiseach

That should be this session.

Deputy Joan Burton

I wish to ask the Taoiseach about two European directives concerning financial services which were meant to be transposed into Irish regulations. The first is the payment services directive, due to be implemented in Ireland by November. There are companies such as Western Union, Flexco in Kerry and providers of services to these companies which require the directive to be implemented as soon as possible to retain service capacity in Ireland. The UK authorities propose to have its implementation of the directive in place with regulations by 1 May. The Department of Finance is unable to give an indication, other than to say it will do its best to have it some time by the autumn. In terms of job retention policy, there are probably 400 to 500 jobs in total between direct and support services between Dublin and Kerry in this area alone. Will the Taoiseach put in place someone in the Department of Finance to have this on a priority watch to ensure we are not beaten to it by the United Kingdom and that we do not again weaken our hold on job retention?

In the same vein, I asked the Taoiseach some weeks ago about the anti-money laundering directive which also must be transposed into Irish regulations. No party in the House has any difficulty with either of these regulations. There are firms employing significant numbers of people in financial services which, if the directives are not implemented, would have a difficulty with other EU countries in terms of competition. We will give the Taoiseach any support he needs in this area. Will he indicate if and when matters can be expedited to ensure we keep these jobs?

The Taoiseach

Deputy Kenny raised the first point yesterday and I indicated to the House that the Tánaiste had met with representatives of these companies, or certainly with one of them. She indicated that she would take up the matter with the Department of Finance. It is my understanding that the Department has had a good record in ensuring we always get timely enactment of directives which have an employment content, or in which there is an importance attaching to an activity in Ireland, to ensure we do not create a competitive disadvantage vis-à-vis other jurisdictions which implement these directives as we must do. The payment services issue is something that will be taken in hand. The other directive is also important. I will take it up with the Minister concerned.

Deputy Thomas P. Broughan

The Dublin Transport Authority Bill was passed several months ago but there is no sign of the organisation being established. Given the chaotic transport problems we have at present and the grotesque incompetence of the Minister sitting beside the Taoiseach, is it intended to bring forward the body, or are we to wait for other legislation?

Deputy Ciarán Lynch

That is not the correct Minister. It is the next one down.

Deputy Joan Burton

It is the other one two places down.

Deputy Thomas P. Broughan

I realise he is two places down. Must we continue to wait for the new road traffic and transport Bill?

We will not see the Taoiseach in the House again this week. All his agencies and civil servants are saying that a political decision is necessary in respect of saving jobs at SR Technics. That is the Taoiseach's decision.

An Ceann Comhairle

The Deputy has been allowed to raise that a number of times.

Deputy Thomas P. Broughan

Will the Taoiseach take that decision? The ball is in his court.

The Taoiseach

Deputy Broughan is saying that, not anyone else. In respect of the questions on the Dublin Transport Authority, I understand there is a recruitment process under way for the chief executive of that organisation.

Deputy Eamon Gilmore

The Ceann Comhairle heard the Taoiseach's reply to my earlier question in connection with the recruitment embargo. He stated that all exceptions to the recruitment embargo would require the approval of the Minister for Finance. Do I take it, therefore, that as these issues arise, for example, there are nurses on short-term contracts which must be renewed, and where parliamentary questions are tabled arising from these decisions, that such questions should now be addressed to the Minister for Finance? Is my understanding of the position correct?

The Taoiseach

I cannot tell the Deputy exactly who will be answering the questions. The questions should be answered, whether by a line Department or the Department of Finance. The officials in the Department of Finance give consent to the appointment of these employees if they are to be reappointed. Presumably, the question of the detail would relate to the line Department.

Deputy Eamon Gilmore

I am sorry to labour the point, but I have seen the circular sent by the Department of Finance to every Department. It is manifestly clear from the circular that the line Departments have no discretion whatever on this matter.

The Taoiseach

I am not suggesting they have; I am saying the ultimate discretion lies with the Minister for Finance.

Deputy Eamon Gilmore

Practical issues are coming up all the time. Some of these short-term contracts are expiring. Our attention has already been drawn to instances where services are being affected as a consequence of the contract not being renewed, whether for a nurse or a care worker. The issue of whether it will be renewed arises. The Taoiseach told us, the circular from the Department of Finance emphasised and the notes on the website state that all exceptions to the embargo must be approved by the Minister for Finance. We will have a duty as Members of the House to table parliamentary questions in respect of some of these individual contracts and where such cases arise. I wish to establish to which Minister we should address those questions. There is no point in addressing them to the line Minister if the line Minister has no say in the matter.

The Taoiseach

The purpose of the question is to elicit information. The information sought would be whether consent has been granted. The people who would have that information available to them would be either Minister.

Deputy Eamon Gilmore

Let us suppose I wish to table a question — the Taoiseach should bear with me as we still have some parliamentary rights — to a Minister asking if he or she will grant an exemption for, let us say, a contract nurse or a contract care worker or whatever in a given hospital or a given part of the service. There is no point in my addressing that question to the Minister for Health and Children who may have no decision making authority on the matter. I am simply asking the question. It is probably a matter for the Ceann Comhairle to consider and perhaps I should let him have——

Deputy Pádraic McCormack

Apart from——

Deputy Eamon Gilmore

——something to say on it. There is no point asking a Minister if that Minister cannot decide. Should all such questions now go to the Minister for Finance?

An Ceann Comhairle

If it is helpful to Deputy Gilmore, the position is that if the line Minister is not in a position to reply to a given question it is open to that Minister to then transfer that question to the Minister for Finance for what I would describe as a collective response.

Dáil Éireann debate - Wednesday, 1 Apr 2009

Dáil Éireann debate -
Wednesday, 1 Apr 2009