It is proposed to take No. 21, National Asset Management Agency Bill 2009 — Second Stage (resumed). Private Members' Business shall be No. 33, Public Appointments Transparency Bill 2008 — Second Stage (resumed), to conclude at 8.30 p.m. tonight, if not previously concluded.
Order of Business.
There are no proposals to be put to the House.
I am sure the Tánaiste would have been as disturbed as I was to read the household budget survey published yesterday which shows that 60% of the 175,000 jobs that have been lost in the past two years were lost by those under the age of 25. The unemployment rate among this category of people has increased by 17%, which is extraordinary. Effectively, the lives of 90,000 young people have been placed on hold. The Government presented some 20 legislative priorities to the Dáil but none of these contains any employment-related proposals. I would be the first to recognise that noise nuisance, the control of dogs or the levy on plastic bags are important issues.
Yes. They are major issues.
Surely, however, we should be transforming the way we focus on the priority of employment. Will the Tánaiste indicate why the consumer and competition Bill, which will deal with the amalgamation of the National Consumer Agency and the Competition Authority, will not be published this year?
Are we still going to have the same archaic debate on the Estimates this year? Will it be the case that they will be produced on budget day and that the Dáil will not be treated with respect by being given the opportunity to debate the choices on offer in advance of decisions being made? Is it envisaged that there be a change in this process?
Will it be the case that, as requested by numerous Deputies, the Committee Stage debate on the National Asset Management Agency Bill will take place in the Chamber in order that every Member who wishes to participate may do so?
Absolutely.
We are in a crisis situation. Young people whose futures have been placed on hold are watching our proceedings in order to discover whether the decisions we make will shorten the recession or prolong it. The matters to which I refer are just three which could be treated as priority changes. Will the Tánaiste commit to making these three changes?
Unfortunately, the legislation relating to the merger of the NCA and the Competition Authority is complicated. I am putting together the new structure at present. On the formulation relating thereto, a proposal has been put forward to the effect that we should transfer the consumer side of the Financial Regulator's business to the NCA. That is work in hand. I am not in a position to state for certain whether this legislation will be available by the end of the year. That is why I did not pursue the matter with the Whip. However, I am working to the best of my ability to ensure that the legislation is drawn up. On the basis of the review that has taken place, our competition law will require some further time to develop. The matter is in hand and it is my intention to introduce the legislation as quickly as possible.
A decision has not been made in respect of the Committee Stage debate on the National Asset Management Agency Bill. I am not in a position to say otherwise. In addition, there are as yet no proposals with regard to changes in the Estimates process.
I call Deputy Gilmore.
Does the Tánaiste not agree that her answer in respect of the Estimates process is pathetic. We are in the midst of the worst crisis the nation has ever experienced——
Deputy Bruton cannot——
——but it is business as usual as far as the Government is concerned. There has been no attempt to change anything or to employ the talent of certain Members of the House in order to address these problems in a more coherent and realistic way.
The Deputy has made his point.
I wish to pursue further with the Tánaiste a matter I raised yesterday, namely, the date on which the budget will be introduced. As she is aware, the date of the budget was moved from January to December. Since this change was made — with the exception of last year when the Government introduced the budget in October — the first Wednesday in December has always been budget day.
When I asked the Tánaiste yesterday to tell the House when budget day would be, I expected her to state it would be on 2 December. I was greatly surprised when she appeared to indicate there was some uncertainty about the date of the budget. The Tánaiste should clarify this issue for the House. Can she confirm that budget day will be on 2 December and if she is unable to do so, what alternatives are being considered by the Government? Is it intended to bring the date forward and have it on an earlier date? Will it be on another day on the same week or is it intended to put it back? It is a fairly significant day in the life of the House and the country and I seek clarity in this regard.
Second, Deputy Hogan asked yesterday about the promised local government Bill to give effect to the public commitment by the Minister for the Environment, Heritage and Local Government that there will be a position of directly elected mayor of Dublin and that the election for that office will take place in 2010. However, as Deputy Hogan pointed out yesterday, the problem is that the requisite promised legislation is not due to be published until 2010, which would make it highly difficult to hold an election in 2010. Does the Government still intend to hold an election in 2010 for a directly elected mayor of Dublin? When will the enabling legislation in this regard be published?
I will take the final question first. The heads of the legislation pertaining to the Dublin mayoral election will come before the Cabinet before the end of the year and hopefully we will be able to facilitate the passage of the legislation fairly quickly. The Planning and Development (Amendment) Bill is before the Seanad at present and the Minister proposes to include therein some additional amendments to which he alluded in public. As for the final decision, Deputy Gilmore asked me a question in this regard yesterday. The Cabinet will make the decision. The Cabinet did not meet yesterday and will not meet again until next week. The Cabinet will decide what date the election or——
That was a Freudian slip.
A Deputy
The sooner the better.
Having looked up at the Gallery, I can just imagine what will be written. However, the date of the budget——
Bring it on.
It would not be the first time a Government fell on a budget.
I am sure the Deputy would be charmed. The Deputy beside him is greatly interested in the Estimates process and I am sure he would be delighted to get into it now on this side of the House.
It might not be left up to the Cabinet to decide on the election.
The Cabinet will decide on the date of the budget when it next meets. The Cabinet has not met this week and the date will be made public to the House as soon as that decision has been made.
Several kites were flown at the recent Fianna Fáil think-in, love-in or whatever one would call it in Athlone. One of the biggest kites flown was the question in respect of the current Minister for Health and Children, Deputy Harney. Is the Taoiseach reviewing a position in Cabinet at present?
I think the Deputy is flying his own kite.
If so, when will this be brought before Members of the Dáil?
Flying kites is not allowed here. The Deputy should ask a question that is in order.
This is a highly important matter.
Regarding the same Minister's portfolio and promised legislation from the Department of Health and Children, I note the recent statement that the HSE is considering the establishment of what has been described as four so-called mini-health boards. Does that change require legislation? Is the Tánaiste aware whether legislation is being drafted to facilitate such a change and, if so, when will that proposition come before Members in legislative form in the Houses of the Oireachtas?
Is legislation promised in that area?
There is no legislation.
In the present economic climate, one would assume that a certain urgency would be accorded to matters of financial nature. The Government's legislation programme contains a proposal "to consolidate and modernise financial services legislation in accordance with the Government's Better Regulation agenda". Its current publication status is "not possible to indicate at this stage". I refer to the financial services regulation Bill, which I would have thought was an urgently required item of legislation that was more important than the control of dogs (amendment) Bill, the Bill pertaining to plastic bags or the other Bills that now have made their way onto the pink paper. Obviously, the Government thinks otherwise.
Another highly pertinent item of legislation is "to bring greater clarification and simplification to the companies code and to modernise Irish company law through the consolidation of the existing 13 Company Law Acts, other regulations——
The Deputy should name the legislation.
——and case law". That is the legislation promised.
The Deputy should simply name the Bill.
Again, under the heading "publication expected" it is stated that this is "not possible to indicate at this stage". I refer to the company law consolidation and reform Bill.
The Deputy should ask a question of the Tánaiste about these Bills.
Does the Tánaiste not agree that both legislative items are urgently required at this time and are far more urgent than is the control of dogs (amendment) Bill or the Bill on plastic bags or the other items proposed on the pink paper?
As for the company law Bill, that legislation contains 1,270 sections and a great deal of work has been under way in my Department. As soon as I am in a position to bring forward the legislation to this House, I will do so. On the issue of the financial services regulation Bill, there are 250 financial instruments and 50 Acts to be brought together, which constitutes a seismic amount of work.
I call Deputy Burton.
That is no excuse for not bringing these Bills before the House.
We cannot discuss this matter further.
These Bills are urgently required because of the situation now unfolding in this State.
The Deputy has made his point.
Is the Government going to wait until some other extraordinary event happens before it introduces such urgently needed legislation?
The Deputy has made his point. I call Deputy Burton.
Does the Government have a timeline regarding the completion of the legislation on management companies?
Hear, hear.
I refer in particular to the legislation that I believe is tabled for the Seanad on multi-unit developments. What is its status? Does the Government have proposals in respect of those who are occupying existing managed apartments and estates? On foot of the crash in the property market and the advent of NAMA, tens of thousands of young couples are living in managed estates and apartment blocks who are subject to management companies but who have no legal recourse.
Hear, hear.
This is part of the Tánaiste's brief because it pertains to company law as well as to the justice remit. Does the Government intend to try to help the tens of thousands of people who face ruinously expensive management charges for appalling standards of services in many cases?
Hear, hear.
The Tánaiste, on that legislation.
That legislation is before the Seanad and when it has been completed, its passage will be facilitated in this House.
When?
This is at least the eighth time that I have inquired during the Order of Business regarding the proposed national monuments Bill. By the time it appears, it will become a national treasure in itself.
Among others.
Can the Tánaiste indicate when this important Bill will come before the House? The Minister of State, Deputy Mansergh, is aware that many of our monuments nationwide are falling into serious disrepair and neglect.
The Tánaiste, on national monuments.
I hope the Deputy is not putting himself in that genre. He is not in terrible disrepair himself.
The Tánaiste and I could go in together.
That item of legislation will be published next year.
I call Deputy O'Donnell.
I was told it was forthcoming in the spring of this year.
I am told it will be next year.
I refer to the forthcoming budget and the Finance Bill with specific reference to the Limerick regeneration project. Can the Tánaiste indicate when the draft plan, which was launched amid fanfare last October 2008, will be formally approved by the Cabinet? Second, when will the €1 million in funding that is necessary for the design and planning stage of this project be provided?
We cannot go into that matter now, Deputy O'Donnell.
The Tánaiste should deal with this matter.
The Deputy should table a question about this issue.
It pertains to the Finance Bill and is highly relevant. I wish to hear the Tánaiste's views.
While it is of tremendous interest here——
It relates to legislation, namely, the forthcoming Finance Bill.
While I can ask about the Finance Bill, I cannot ask the Tánaiste about the plan.
The Finance Bill will be published after the Cabinet decides when the budget will take place.
When will this matter be approved formally by the Cabinet?
I cannot answer that.
It is before the Cabinet and has yet to be approved.
No plan.
I call Deputy Shortall.
This is a plan the Government launched. The people of Limerick expected that funding would be provided.
We cannot go into that now. I call Deputy Shortall.
The Government still has not approved the project.
I call Deputy Shortall.
I have tabled this issue for an Adjournment debate and hope for a favourable response.
Deputy O'Donnell should do so as it will be in order then.
It already has been tabled for the Adjournment and I hope to get a response.
Further to an earlier question on the company law consolidation and reform Bill, I appreciate that there is much work involved in it. However, it has been long promised and is urgently needed in the current economic climate. There is an urgent need for consolidation, modernisation and reform of company law. It is not enough for the Tánaiste to say she will present it when she is in a position to do so. Will the Tánaiste give some indication of the timetable to which she is working? When will the heads of the Bill be agreed and when will the legislation be published?
When will the Minister for Finance be in a position to sign regulations to give effect to the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act?
The Minister for Finance will respond to the Deputy directly in respect of the second question.
I was told that last week when I asked the Taoiseach, and the Minister for Finance did not come back to me.
Disjointed Cabinet.
We are waiting for the Minister for Finance to come back to the Deputy. I will speak to him after the Order of Business.
This is the second time I have had to ask and there is still no answer. Will the Tánaiste provide an answer by tomorrow?
Yes, I will get back on that matter today.
Regarding the companies consolidation legislation, I had to obtain additional resources to get this item of legislation through as quickly as possible. I have spoken to the Chairman of the relevant committee and my view is that we will need a special committee to deal with this legislation. It is complicated and I hope to have it next year. We are doing all we can to get the legislation on the floor of this House as quickly as we can, but the most important thing is to present legislation that is correct. It takes a considerable amount of time to draft. We are working with the Office of the Attorney General in order to have it correct.
Is the Minister for Health and Children serious about regulating sunbeds or was she looking for cheap publicity during the silly season? She talked about banning sunbeds but a Bill was on the legislative programme three years ago, in 2006, which is exactly the same as the current Bill on the legislative programme. In 2006, publication was expected in 2007. It still has not been published and the list states it is not possible to indicate when it will be published.
The usual.
The use of sunbeds by those under 18 years of age is serious. The Minister was sounding tough over the summer, saying she would like to ban them, but the matter has been on the legislative programme for three years. She is either serious about it or not, but there is not much point in talking about it to the media and then leaving it sitting there for more than three years.
An item of legislation is available, there was a consultation process that has now been completed and it is clearly the Minister's intention to bring forward the legislation.
It is the debs season, all the debs dances are on and that is what people are using sunbeds for, not to mention first communion.
They spray it on now, they do not need to use sunbeds.
The Government published a Bill to regulate the premium rate telecom sector some time ago but we have not seen any progress on it. When will the Communication Regulation (Premium Rate Services) Bill be considered in the Dáil? It is not terribly difficult but it is pressing. Will it be taken this session?
It has been published and it is now a matter for the Whips. We will take on board the comments of Deputy McManus.
Earlier this year, after a long two year wait, the Civil Partnership Bill was published. When will the Bill be introduced and is it the intention of the Government to have it enacted this session?
It is awaiting Second Stage and we will try to facilitate it.
Is it envisaged to have the Bill enacted in this session?
Yes.
I ask the Tánaiste to comment on the value added tax consolidation Bill. The optional use of reduced VAT in certain sectors is one of the actions identified by the economic recovery plan approved by the European Council in December 2008. Following agreement by ECOFIN on 10 March 2009, this took the form of a directive. In light of the Government making a dog's dinner of this matter and the creation of a VAT anomaly on a cross-Border basis, which has been commented on by Fianna Fáil backbenchers as far away as Cork——
Deputy McHugh is wandering away from subject matter.
——will the Government consider harmonising tax in consultation with the British Chancellor of the Exchequer or will this be done in the form of the directive from Europe?
The consolidation of value added tax legislation is currently being drafted by the Revenue Commissioners.