It is proposed to take No. 24, Finance Bill 2009 — Order for Report and Report and Final Stages; and No. 25, Criminal Justice (Miscellaneous Provisions) Bill 2009 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted on the conclusion of Private Members' business, which shall be No. 71, motion re preschool year in early childhood care and education scheme (resumed), which shall be taken for 90 minutes at 7 p.m., or on the conclusion of No. 24, whichever is the later; and that the proceedings on Report and Final Stages of No. 24 shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Finance.
Order of Business.
There are five proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. tonight agreed to?
Yesterday, the House discussed the possibility of agreeing a motion to strengthen the hand of the Taoiseach and the Government in their dealings with the religious institutions. I do not see such a motion on today's Order Paper. Has the Chief Whip finalised it yet? It would be important to set aside an hour today to agree a motion and thereby send an all-party message from this House. Have the Whips arrived at a point at which a motion could be agreed? Will such a motion be taken today? If not, when will it be taken?
As I said yesterday, I presume a substantive motion will be moved when the debate takes place. I thank Deputies for the welcome they have given to the statement that was issued by the Government yesterday. It is clear from what has been said in the House this morning that we agree unanimously that the possibility of a further contribution being made by the congregations — it is possible that a trust could be established — should be pursued with them. As I have said, it is obvious that a process of engagement to that end will begin soon. Our views on various aspects of the report will be articulated during the substantive debate on it. It is clear from the coverage of yesterday's proceedings of the House — I am sure the same thing will happen today — that a broad welcome has been given to the proposal to determine how further assistance can be given to those who suffered child abuse in residential institutional settings under the aegis of the State over many decades, as outlined in Mr. Justice Ryan's report. Perhaps the House can simply note that proposal before moving on to a substantive motion. The important debate on the Finance Bill must be concluded today. I am not sure if it is procedurally possible to provide for a debate in the House today. I would prefer, while we wait for the substantive motion to be tabled, if we were to indicate plainly the strong view of the House that the process I have mentioned should be proceeded with.
My clear understanding is that a substantive debate will take place when the House sits again in two weeks' time. That is a matter for another day. I suggest that the House should try to strengthen the Taoiseach's hand, especially as just three institutions have made a comment to date. There is a broad consensus in this House. It would be important for all Members from all parties in the House to agree a short and simple motion. That would strengthen the Taoiseach's hand when he calls in the religious institutions. He would be able to mention that the Members of the Oireachtas, who represent the voice of the people, have made it clear that it is imperative that action be taken. I hope the 15 institutions that have yet to make a comment will do so very shortly. In the interests of what was discussed yesterday, I would have thought that a simple and direct motion, enshrining the principles I have mentioned, could be agreed today before a more substantive motion is tabled to facilitate a major debate on the Ryan report itself.
The Whips can continue to discuss the matter during the course of the day. They may decide that a motion can be agreed tomorrow morning without debate. Such a motion could note whatever might be agreed between the parties.
That would strengthen the Taoiseach's hand.
If Deputy Kenny insists on pursuing the matter at this stage, that can be done. If a motion to that effect can be adopted without debate in the morning, that might well be a way of achieving what he has called for.
Is the proposal that the Dáil shall sit later than 8.30 p.m. tonight agreed to? Agreed. Is the proposal for dealing with No. 24, Order for Report and Report and Final Stages of the Finance Bill 2009, agreed to?
It is not agreed.
It is proposed to guillotine this short Finance Bill, which is virtually impossible to amend, even though it will probably not need any guillotine. Enough time has been made available to deal with this Bill in its entirety without a guillotine. The application of a guillotine as a kind of safeguard is certainly not what guillotines are intended for during the normal parliamentary process.
It is inappropriate to apply a guillotine to this legislation. At this point in time, it is impossible to gauge how long it will take to conclude our consideration of the Finance Bill. It does not matter whether the proposed cut-off time of 7 p.m. is adequate. It is not appropriate for the Government to apply a guillotine. We should have an opportunity to give a full airing to all of the amendments that are to be addressed in course of today's deliberations on the Bill. The Government should accommodate that. The manner in which today's business has been ordered means that the Dáil will adjourn this evening at the conclusion of Private Members' business. The Government could have proposed to sit later to deal with other issues that are less important than the contents of the Finance Bill, but that has not been done. The Government has proposed that the Dáil will rise on the conclusion of Private Members' business, at 8.30 p.m. or perhaps later. It is well within the gift of the Government to allow the legislative process to come to a natural conclusion. That is the preferred approach to this. I oppose the imposition of a guillotine on this important legislation.
The Government has to pursue the enactment of this legislation. There was a long debate on Second Stage. It is quite a focused Bill. It is not of the size or magnitude of a normal Finance Bill, as debated at the beginning of a financial year. We have to pursue this legislation today in the manner I have proposed, unfortunately.
Is the proposal for dealing with No. 24, Order for Report and Report and Final Stages of the Finance Bill 2009, agreed to?
It is not agreed.
I understand that the Dáil will not meet next week. That, in itself, will generate a degree of comment. The Minister for Finance has said that it may be necessary to recall the Dáil during the summer to debate the NAMA legislation. I understand that the Minister of State with responsibility for children will publish his plan for implementing the recommendations outlined in Mr. Justice Ryan's report before the end of July. A major debate on those findings will take place soon. It is obvious that there is a clear requirement on this House to pass the Bill giving effect to the second Lisbon treaty referendum before the summer recess, rather than at the end of September or in October. It might be appropriate for the Government to decide now that the House should sit throughout July to deal with the NAMA legislation, the Ryan report, the plan to be drawn up by the Minister of State, Deputy Barry Andrews, and the second referendum on the Lisbon treaty. We should make sure that Deputies know what will happen. They should know if it is likely that they will be called back for two days at the end of July or in the middle of August. The Taoiseach could deal with it now and say this is the body of work we have to do, let us get it done in July and be finished with it. That would still give him time to take out the dusty clubs and have a swing in Ballyconneely, or somewhere else, in August. I make that suggestion because these are serious Bills, particularly the one to deal with the Lisbon treaty. The Government should consider that suggestion and finish the work.
No decision has been taken yet on when we will rise in the summer. The Whip will liaise with colleagues from other parties who have that responsibility to see how we can order our business for the remainder of the term. Important legislation needs to be considered. The legislation about which the Deputy spoke has to be prepared. It is complex, detailed, is a priority and is proceeding as quickly as possible. When asked about it the Minister was simply outlining that all options will be considered to see how we can progress it. We should wait until it is published and deal with it then. The Whip is cognisant of Deputy Kenny's point in his discussions with colleagues when ordering business for the remainder of the term.
I agree with Deputy Kenny about the necessity for the House to sit through July for the reasons that he has stated. There is a great deal of important business to be dealt with, some of which the respective Ministers have signalled. I drew the Taoiseach's attention last week to the Dáil calendar which suggests that the Dáil will rise on 2 July, a week earlier than last year.
I wish to raise three matters, the first concerns reports at the weekend that some Deputies have been suggesting to their constituents that the Government has decided to restore the Christmas bonus. Is that the case and when will the Revised Estimate for the Department to give effect to that be brought before the House? Second, in its programme the Government commits to legislate for civil partnerships at the earliest possible date in its lifetime. The Government published heads of the proposed Bill on 25 June 2008. When will we see the Bill published and has the Government approved it?
Finally, while I was in here questioning the Taoiseach, and he was answering me, about the possibility of conducting an audit on the finances and assets of the religious congregations, the Minister for the Environment, Heritage and Local Government was on the airwaves suggesting that there might be legislation to enable an audit to take place. Has the Government considered legislation for auditing the assets of the religious orders?
In response to the first matter the Government has not made any decision. We are considering whether that can be dealt with at the end of the year.
There is no decision to restore the Christmas bonus.
It was a half promise.
I am sure the Deputy treats with some prudence some of the statements made in that particular publication. It is not always accurate.
They are announcing it in every Bingo hall.
Sometimes the piece does not accurately reflect what people say.
Has the Christmas bonus been dropped?
There has been no decision to replace it.
Apart from the one in the budget.
The Christmas bonus is gone.
The promise was made for election purposes.
There has been no decision to replace it at this point.
The canvassers are saying it. They are bringing it back in Limerick.
The canvassers are badly misinformed.
No, the Deputy is badly misinformed because he is taking a publication at face value on this which he probably does not take at face value on anything else.
They are saying it in the Bingo halls in Cork.
The Deputy does not even believe what it says about himself never mind what it says about anyone else.
The Taoiseach should put his canvassers straight. They are leading the electorate astray.
They are saying it in every dole queue in Limerick.
The Civil Partnership Bill is due in this session.
That is probably safer.
There has been no decision on legislative proposals regarding procedures we are adopting. We are beginning a process of engagement and I have not heard any comments.
The Minister for Transport, Deputy Dempsey, was flying a kite.
A total of 96,000 people are on fixed mortgages. Does the Minister for Finance have any plans to bring in legislation to allow hard-pressed families to switch to variable mortgages?
Is that promised?
I am asking whether there is legislation to be brought in to alleviate this because the banks are showing no goodwill. They are making no gesture of goodwill to the taxpayers who have bailed them out.
The Deputy cannot ask about that now. He can put down a question to find out first whether it is promised.
It is a very reasonable question.
It is a very reasonable question but the problem is that it is not in order now.
Is it not in order to ask if there is any legislation planned?
No. The Deputy can only ask if the legislation has been promised.
I think it is reasonable to ask——
No because——
That must be one of the few things that has not been promised.
Promises and plans. We just heard about the Christmas bonus.
If we allowed what the Deputy suggests people would be creative and playwrights and so on could emerge.
These are promising times. In response to the EU Commission's request for conservation measures in certain fisheries areas, the Minister for Communications, Energy and Natural Resources set in motion a week ago the first part of a 90 year ban on eel fishing. In view of his dramatic response and the Minister's deep concern in that area would it be possible to bring the restructuring of the inland fisheries sector Bill into the House as a matter of urgency to allow the Minister to inform the House about the relevance and context of that response?
In view of the continuing finds of explosive devices in various parts of the greater Dublin area is it intended to carry out any specific investigation by way of the legislation to focus attention on what looks like being a serious campaign which will lead to loss of life? The explosives Bill might go down well for discussion in Cabinet soon.
The Property Services (Regulation) Bill has been long promised, the Taoiseach has spoken about it, Deputy Stagg has raised it, as have I and several other Members. It has been promised several times. Even the Minister, for Defence Deputy O'Dea recalls that it has been promised several times.
It has been published.
What is happening to it? Where is it now? Why is it not in the House? This affects all the Fianna Fáil canvassers. What remain of the Progressive Democrats canvassers and the Green Party canvassers are worried about this Bill. Why is it not before the House so that we can discuss it now to alleviate the deep concerns of the general public?
Will the Taoiseach reply on eels, explosives and apartments?
They need something to wake them up.
The third Bill, which has been published, is in the Seanad. The first Bill will come to the House later in the year and the second Bill is due next year.
It is simple.
The Government has promised legislation to establish the National Asset Management Agency, NAMA. Will there be other finance legislation before the summer recess? The codes of conduct for financial institutions are not sufficient and in the current climate——
Is legislation promised on this matter?
Yes it is indeed. In the context of the growing concern of people who hold fixed mortgages will that issue be addressed compelling the banks and other financial institutions to provide for a transfer from fixed to variable mortgages without the penalties currently applying? Will either the financial services (miscellaneous provisions) Bill regarding the building societies in the first instance, or the financial services (regulation) Bill address this matter? If not, will the Government consider bringing forward legislation recognising that there is significant public disquiet that measures have been taken to assist the financial institutions——
The Deputy can only ask when the legislation will come before the House.
——although the customer bases of these institutions are being left to founder.
We cannot discuss the content of the legislation.
They are currently facing exorbitant interest and charges.
I ask the Taoiseach to answer in respect of legislation to come before the House.
The legislation it is hoped to have by the summer includes the financial services (deposit guarantee scheme) Bill and the financial services (miscellaneous provisions) Bill.
There rightly has been considerable debate this week on the State's failure to protect children from child abuse in the past, but I want to raise the State's failure to protect them in the present. The most recent HSE child protection study indicates there are more than 8,000 children at risk——
The Deputy will have to ask a question that is in order.
——of abuse whose cases have not even been examined.
If the Deputy wants to ask a question that is in order, she is welcome to do so.
I will ask one in the context of legislation. There is legislation promised on entitlements to health services. Surely one of the most basic entitlements must be the entitlement of a child to be protected from abuse.
To what Bill is the Deputy referring?
I do not know the exact name of it. It is about entitlement to health services and it is on the list.
There is no date for that Bill yet.
Can we have a debate on protecting children in the present in addition to a debate on their protection in the past?
That is a matter for the Whips.
The debate on the report in two weeks will present an excellent opportunity to determine where we stand at present.
Does the Taoiseach intend to introduce legislation to deal with the minimum requirements for standard insulation in households? At present, a householder can get——
Is legislation promised?
Yes.
Which Bill is it?
At present, a householder can obtain a rating from A to G. A rating of G would pertain to a house like that in which Peig Sayers lived. There is no prohibition associated with a G rating and there is no obligation on the landlord or property owner to sort out the problem.
We cannot discuss insulating houses on the Order of Business; it is not on.
Is it intended that legislation will be brought forward to ensure there will be a minimum requirement on homeowners and landlords to insulate their houses?
Is there legislation promised in that area?
Yes, it is the building standards legislation.
I will have to revert to the Deputy on that.