It is proposed to take No. a26, statements on Haiti; No. 26, Adoption Bill 2009 [Seanad] — Second Stage (resumed); No. 27, Civil Partnership Bill 2009 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. a26 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: the statements shall be confined to a Minister or Minister of State and to the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order and who may share their time, which shall not exceed 15 minutes in each case and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.
Order of Business.
There is one proposal to put to the House. Is the proposal for dealing with No. a26 agreed to? Agreed.
I agree to this and I commend the Government on its contribution to date to the catastrophe in Haiti. I will not have time to speak on the debate, so I would like to a make a point now. We have a Naval Service vessel that is a fully equipped hospital ship. There are medics and doctors queuing up to give of their time free of charge to assist in this catastrophe. I request the Tánaiste to see to it that this ship is made ready and sails for Haiti. It is a fully equipped hospital ship and could do enormous beneficial work offshore, just as other countries are doing during this tragedy. As it will be located offshore, it will be immune from earthquakes, and doctors and nurses in this country are more than willing to stay on that ship and carry out essential operations for those who have been devastated by the earthquake. It would represent an invaluable contribution from the Government and I will support it wholeheartedly if it commits to it.
I do not want to open a debate on this important issue, as we will be dealing with it shortly.
We in the Labour Party welcome the provision of time to debate what has happened in Haiti. A disaster of this magnitude can only be dealt with by armies and professional aid agencies. When the genocide in Rwanda occurred, I chaired the European Council of Ministers. It is unfortunate that neither the United Nations nor other multilateral or international bodies have learned much about preparedness for events of the scale and magnitude of these disasters.
It is essential, at a time when ordinary people are donating large sums of money to the Irish aid agencies, all of whom are extremely experienced in these fields, that we also make a contribution to Haiti in terms of the Defence Forces. Assets of this capacity — the Defence Forces, the Fire Service and so forth — can help to deal realistically with a disaster of this magnitude. I welcome the opportunity to have a debate.
As the Deputy will be aware, the Government pledged finance for Haiti. I commend Irish people who have been very forthcoming in support of the appeals. This morning, a transportation of food aid left Dublin for Haiti. The issue raised by Deputy Kenny could be considered in the context of the debate and the further response to support people, that will be necessary for many years.
Some members of the rapid response corps have been deployed to Haiti and a number of others are available to go there if requested. Some of these matters could be considered further by the Government in the context of the debate.
Is the proposal for dealing with this item agreed? Agreed.
I will change direction slightly, if I may. The Government destroyed the concept of social partnership which existed here for many years. While partnership was never perfect, the air traffic controllers action, which the Minister for Transport indicated is doing enormous reputational damage to Ireland, would never have happened or got this far if the national implementation structure was still in place. It is clearly a requirement that both sides step back and that, in the absence of the national implementation structure, the dispute be moved immediately to the Labour Court.
The Tánaiste is the Minister with responsibility for industrial relations. What action does the Government propose to take this morning to ensure airports are kept open, further reputational damage, as referred to by the Minister for Transport, is not done and people are enabled to go about their legitimate business and travel into and out of the country? Given the reduction of 8% or 9% in economic growth last year, it is imperative and essential that every single aspect of our country ranks among the best. With an action of this type doing such damage this early in the year, I ask the Tánaiste, who has responsibility for industrial relations, to answer to the country and tell us what actions the Government will take this morning to assist in this matter.
While I am anxious to give Deputy Kenny some latitude, the issue he raises is not strictly in order on the Order of Business. Are there any legislative——
As the Leas-Cheann Comhairle is aware, with the demise of social partnership, there is absence of a structure. This matter must come before the Labour Court, which is the last line of defence. I want to know what the Government proposes to do in this regard. Businesses are incensed at the situation.
Is legislation proposed?
The Government is very concerned about the impact of the industrial action and the consequences for passengers and the economy that arose yesterday. The Labour Court was in touch with both sides yesterday evening, with a view to inviting both sides back into the Labour Court for exploratory talks aimed at avoiding further disruption. The Government view is that the resolution of these types of industrial relations disputes is best served in the Labour Court, which is available on Friday and over the weekend to try to address these issues.
What is the Government doing to ensure both sides step back?
In the matter of secondary legislation, what is the position regarding the commencement order for the emergency legislation providing for reductions in civil and public service pay? The leader of the Labour Party, Deputy Eamon Gilmore, raised this matter with the Taoiseach yesterday. We cannot find a commencement order in Iris Oifigiúil or the Oireachtas Library. The Taoiseach promised to indicate whether the order was made for the deductions in Civil Service salaries. If it has been made, why has it not yet been published?
In the course of the debate on the Bill, the Labour Party pointed out that, as drafted, the legislation would apply to a wide range of non-governmental organisations, voluntary organisations and organisations funded by the Health Service Executive, including many community organisations, the Red Cross and Leader programmes. The Government specifically introduced an amendment to restrict the measure to public servants who were paying the pension levy. The HSE is issuing a series of notifications to grant aided and voluntary organisations ordering them from 1 January to reduce salary payments to staff in line with the Government's Bill. The HSE letter states that the reductions in salary will also apply to staff in grant aided agencies which are not specifically included in the legislation. The Minister for Finance and the Taoiseach assured us——
The Deputy asked a question on secondary legislation which is in order.
——when the Labour Party raised this issue in the debate on the legislation, that the Government amendment would mean the measure would not apply to the wide range of grant aided and voluntary organisations.
The Deputy has made her point. I have given her some latitude.
What is the status of the HSE circular which has been circulated to Barnardos and other voluntary organisations telling them they must cut staff wages? Some of those working in these organisations are paid very little. Where is the commencement order for the legislation?
The question on secondary legislation is in order.
I will have to revert to the Deputy later this morning on the secondary legislation.
Has the commencement order been lost in the post? Was it delayed by frost and snow on the roads?
The Tánaiste has indicated——
This is important legislation.
——that she will respond directly to the Deputy on the matter.
Will she rummage in the attic to see if she can pull it out? Is it lost in the post?
As the Deputy is aware, it is in order for a member of the Government to indicate that he or she will revert to a Deputy who asks a question on secondary legislation.
I have a further question on what is probably more hopeful legislation. The C list of the legislative programme features a proposal by the Minister for the Environment, Heritage and Local Government to introduce legislation to provide for a directly elected lord mayor of Dublin. He has indicated that the legislation may be available before Easter. The Minister, who proposes to run the election in June, downgraded the legislation to hopeful yesterday. In terms of the programme for Government what is the timescale for the legislation?
The question on the timeframe for the Bill's introduction is in order.
Is it a hopeful sign?
Please allow Deputy Burton to put her question.
Is it anticipated that a Supplementary Estimate of €3 million to €4 million will be produced in respect of funding the running of the election and the cost of the office, which the Minister indicated would be approximately €400,000?
The Deputy's question is not in order. The Tánaiste may answer the specific question on when the legislation will be introduced.
As the Taoiseach indicated on Tuesday in the House, the heads of the Bill have been circulated to Departments and will be brought to Government in the next fortnight with a view to having the legislation before the House as quickly as possible.
Will the Government agree to publish the legislation now?
Deputy Burton has had a good innings on this matter.
The Bill must first go before the Government.
The Tánaiste drew our attention to an answer given by the Taoiseach earlier this week in response to a question on legislation. When is the legislation to abolish the National University of Ireland likely to come before the House? My colleague and Labour Party spokesperson on education has submitted notice to the office of the Ceann Comhairle to raise this matter on the Adjournment. The Minister for Education and Science has extraordinarily decided not to use this House but rather to announce outside this House that he is to abolish the National University of Ireland. Which item of legislation in the Government legislative programme will achieve this option? Is it proposed to add to the legislative programme as circulated to achieve this? There will be an opportunity for my colleague to discuss this in some detail.
I attended the meeting at Farmleigh and met the international community, many of whom were graduates of the National University of Ireland. The idea that the Minister for Education and Science would turn his back entirely on the Dáil——
The Deputy has made his point.
——and damage the National University of Ireland degree brand internationally is outrageous. My last point is that some university presidents feel they should be CEOs. One of them might have the ear of the Minister more than the graduates of the National University of Ireland. It is one thing for us to be producing tens of thousands of unemployed graduates; it is another for the Minister for Education and Science to announce he proposes to devalue their degrees without coming to Parliament.
There is a need for legislation in this regard and the Minister is advised that it will be enacted in parallel with legislation on Seanad reform.
Is that Seanad reform?
Yes, in parallel.
So it will never happen.
The aim is that the legislative arrangements for the dissolution of the NUI in the qualifications (education and training) Bill will be enacted in parallel with the Seanad reform Bill.
That is ambitious.
Deputies should allow the Tánaiste to answer.
I will get a further update on the timescale from the Minister to the Deputy directly.
I can say what I have to say very briefly. Bills listed in the programme of legislation include Bills for the support and welfare of students or the patronage of schools. Would it not be better for the Minister to get on with those, which are included in the legislative programme, rather than flying kites?
We will take the question as rhetorical.
These kites are already damaging us internationally. It is an ignorant action, taken by stealth and without the courage to discuss it with the universities or in this House. I would like to see the Minister come into this House to make the case for his windy proposal.
Deputy Crawford is next but with his forbearance I will call on his party leader.
How does the Government propose to involve the Oireachtas in drawing up the terms of reference for the commission of investigation with regard to the banks?
As indicated by the Taoiseach, the Oireachtas will be involved in the context of the terms of reference arising from the initial report of inquiry. In the context of the PAC the Oireachtas has been forthright in supporting terms of reference of other investigations and inquiries. The Oireachtas will decide how that can best be done.
Under the Commissions of Investigations Act 2004 it is not the Oireachtas that is entitled to adjudicate on or be involved in the determination of the terms of reference but the Government. This Act is all about the Government, not the Oireachtas. The Taoiseach and the Minister for Finance have said the Oireachtas will be involved every step of the way in the investigation. When will amending legislation be brought before the House to give the Oireachtas the opportunity to involve itself in the terms of reference as pointed out by the Taoiseach and the Tánaiste?
Is any such legislation promised?
No.
It must be——
I can only take the word of the Tánaiste in these matters.
——because the Act states the matter is considered by the Government to be of significant public concern. There is no facility in law for the Oireachtas to involve itself in the terms of reference unless the 2004 Act is changed. When does the Tánaiste propose to introduce these changes?
As indicated by the Taoiseach twice in the House, the Oireachtas will have a role in the context of the terms of reference. There will be ample time to facilitate the Oireachtas in doing so. Any legislative changes can be considered if deemed necessary. To the best of my knowledge there has been no proposal for new legislation.
It cannot be done unless the Government amends the Act.
The point is well made and can be pursued through Leaders' Questions.
I welcome the movement of the George Mitchell Scholarship Fund Act 1998 (amendment) Bill onto section A of the Government's legislative programme. When will the Bill be taken?
In light of the fact that there are so many people on trolleys in hospitals and yesterday somebody had to eat lunch off a waste bin, when will the eligibility for health and personal social services Bill be introduced? It remains on the C list of the legislative programme.
When can we have a proper and full debate on the agricultural crisis in this country? There has been a 33% drop in income——
Hear, hear.
——and REPS is another issue causing serious problems. We have a right to know when a proper debate can be held.
Deputy Crawford's contribution refers to two items of legislation and one request. Is there a promise of a debate on agriculture?
On the issue of the eligibility for health and personal social services Bill——
I will call Deputy Jan O'Sullivan separately; she is next on the list.
The George Mitchell Scholarship Fund Act 1998 (amendment) Bill will be taken this session. There is no date for the second item of legislation to be brought forward. We had a robust debate on agriculture before Christmas——
Statements.
——and further consideration can be given to that.
With 500 people on hospital trolleys yesterday, it is an absolute scandal that 800 hospital beds are closed because of a lack of resources and that there is a plan to slash the HSE budget for 2010.
Does the Deputy have a question?
I ask the leader of the Government today if the Government intends to declare this a national crisis as the Minister did four years ago when there were fewer people on trolleys.
That is not relevant to the Order of Business.
It is very relevant to the people now being told they should not get off their trolleys to go to the toilet because someone else will get the trolley. It is absolutely scandalous. I ask about this in the context of the eligibility for health and personal social services Bill because people are supposed to be eligible for an acute public hospital bed if they need it right now but they cannot get it.
The Tánaiste has answered on that item of legislation.
They cannot get it because they cannot get into hospital. When will that item of legislation be introduced so we can discuss people's right to get into a public hospital bed?
That question has just been answered.
In the hospital in my constituency trolleys are placed between beds in wards because they cannot fit them in the accident and emergency unit. There is a serious danger of infection being spread because of that.
The Deputy should seek another way of raising this matter. The Chair will certainly try to facilitate this in a way that is orderly.
What is happening in hospitals is a scandal and it will get worse due to the slashing of the HSE budget.
Proposals on this legislation are to come before the Government in the middle of the year but I do not have a date for when the legislation will be introduced in the House.
I wish to inquire about two items of legislation——
It is quite difficult to hear the Tánaiste's replies. We have no idea of the last answer.
It is a microphone problem.
I will pay attention to that to ensure the microphone is activated.
Can she repeat the answer?
One of the reasons they cannot hear me is that they are talking.
Stop that nonsense. The Tánaiste should learn to pitch.
Members should listen to the reply.
It is expected——
Members cannot complain about not hearing if they do not listen.
It is expected that proposals on this item of legislation will be brought to the Government in the middle of the year but I am not in a position to say when the legislation will be brought to the House.
That was perfect.
The trick is to have one's mouth closed and one's ears open.
Deputy Higgins can hear when he tries.
I would like to raise two issues. The human tissue Bill is listed on section C of the Government's programme. We are spending large sums of money on a transplant programme that is not delivering. We have low numbers of lung transplants. Young people with cystic fibrosis are dying unnecessarily. We are pouring money into this programme. The Bill in question has yet to come before the House. The Bill should establish a transplant authority that will organise the transplant programme.
The Deputy can discuss the contents of the Bill when it is introduced.
There is a need for an urgent review of our transplant operations because our figures are appallingly low. When will that Bill come before the House? I would also like to raise the licensing of health facilities Bill. It has already been pointed out that there are 500 people on trolleys, which is more than ever before. Some 272,000 bed days were lost last year, which represents an increase of 50,000 on the previous year. Some 900 beds closed last year and a further 1,100 beds will close this year. Our health service is in as bad a state of crisis as our economy.
It is worse.
Four years have passed since calls were made for the crisis to be treated as a national emergency. The Tánaiste needs to tell the House when the licensing of health facilities Bill will be introduced. Is it planned to give licences to facilities where people have to eat their lunch off waste bins?
The Deputy knows well that he cannot ask about the contents of the Bill.
Will facilities where people have to spend two and a half days on trolleys in wards be licensed?
The Deputy knows he cannot make a speech now.
I am sorry.
Do not be sorry. The Deputy is not allowed to make a speech about these issues.
Every single day, one hears anecdotal evidence of people having to spend two and a half or three days on trolleys in this city and around the country.
Where is the Minister for Health and Children this morning?
What does the Government intend to do about it?
The 87 heads of the human tissue Bill, which is quite extensive, have been circulated to Departments for observation. No date has been set for the introduction of the legislation in the House. The same thing applies to the licensing of health facilities Bill.
The Government puts everything on the long finger.
It does not.
There have been five vicious cold-blooded gun murders in the State over the course of the few days that have passed this year. What legislative measures do the Tánaiste and her colleagues propose to introduce to deal with this issue? A Bill that was described by the Minister for Justice, Equality and Law Reform as ground-breaking and earth-shattering was passed with all-party agreement in this House last year. He promised results, but his Government has failed to deliver. When that legislation was passed last year, the Tánaiste and her colleagues raised expectations that the Garda Síochána would deliver. How can they tally the passing of tough legislation with the fact that almost 800 members of the force, some at very senior level, retired last year? The Minister for Finance promised that senior officerships in the Garda would be filled.
The Deputy knows he is not allowed to make a speech at this point.
They remain unfilled while law and order continues to break down.
What has happened to zero tolerance?
There have been five vicious gun murders already this year.
The House enacted a considerable amount of criminal justice legislation last year. Deputies will be aware that the Minister published another Bill yesterday. It is hoped to bring that Bill before the House quite quickly.
There is lots of law but no order.
It is important to say that the Minister has consistently said in this House that it will take some time for the full effects of some of the legislative matters that have been passed——
How many more lives will be lost in the meantime?
It is equally important to say that the Garda Commissioner has assured us that the force has been making full use of that legislative framework since its enactment.
No one has appeared in court.
On that subject——
This is not a debate.
The Leas-Cheann Comhairle will be delighted to know that I am speaking about a new matter.
I am very glad to hear it.
The stringent legislation that was passed last summer — Deputy Charles Flanagan mentioned that it was described as groundbreaking — has not been brought into operation.
This is not a debate.
Yesterday morning, I referred to the reply to a parliamentary question from 10 December last.
That might be true, but it is not in order
The operation of this legislation is critical to the well-being of people throughout this city and country.
I ask the Deputy to ask a relevant question.
I will.
He knows the Order of Business as well as I do.
Indeed. I am sure the Chair could not do better than this. When will the legislation that was enacted during the summer, which is necessary to counteract the activities of organised criminal gangs, be implemented? That is a simple question.
Does the Deputy wish to ask about a particular section of a particular Act?
I am asking about the commencement orders for the Criminal Justice (Miscellaneous Provisions) Act 2009, the Criminal Justice (Amendment) Act 2009 and the Criminal Justice (Surveillance) Act 2009.
They are dead ducks.
All three were passed last summer.
I indicated in my previous reply that the Minister for Justice, Equality and Law Reform has told the House that it will take some time for the full effects of some of the legislation that was passed——
He did not. He said the opposite.
It is fine to be standing there with your arms out——
Is he in the attic with the rest of them?
He said that criminals would be picked up and put in jail next week.
He said he would take on the gangs.
Assurances have been given by the Commissioner that the legislation is being used extensively.
All talk, no action.
It is not being used at all.
Does Deputy Durkan have a separate question?
I have. I will finish very quickly.
Very quickly.
In the absence of a large number of Ministers——
The Deputy should ask a relevant and brief question.
I am sure they are very busy saving the country, the planet and various other places. Will the Tánaiste state whether it is possible to arrange for cardboard cutouts of them to be brought in here every morning?
Please.
At least we would be assured that if they are not here in person, at least they are thinking about us.
This is the Order of Business.
There is no other way to deal with that.
This is the national Parliament.
If they are not here, I cannot ask them questions.
Does the Government have any plans to introduce legislation to deal with the upcoming house repossessions crisis? We were advised this week that 6,400 households are in mortgage arrears in——
Is the Deputy referring to a specific Bill?
He is asking about a Bill that was promised by the Minister for Finance.
The Deputy should allow Deputy Terence Flanagan to put his question.
I am a Member too.
Will the Government extend the moratorium on house repossessions, or will it deal head-on with the crisis that is pending by introducing a NAMA-type scheme like that proposed by Fine Gael?
Is legislation promised?
Legislation is not necessarily promised. The Minister of State with responsibility for housing is working with the Minister for Finance——
Two great people.
——to deal with a number of proposals that were agreed as part of the revised programme for Government.
On a point of order——
I call Deputy Tuffy.
On a point of order, a Leas-Cheann Comhairle.
I have not called the Deputy.
A point of order takes precedence over everything else.
If the Deputy sits down, he will be called on his point of order. He cannot make the point until he is called.
On that issue——
I ask the Deputy to resume his seat. I am about to call him.
He is standing, so the Chair does not need to call him.
If the Deputies want to reduce the national Parliament to some sort of joke shop, that is fine.
Well said.
I call Deputy Durkan on a point of order.
I assure the Chair that I do not propose to be part and parcel of a joke shop, and I never have.
I appreciate that.
Legislation appertaining to the issue raised by Deputy Terence Flanagan a moment ago was promised in the House by the Minister for Finance in the context of the NAMA legislation.
That is not a point of order.
I was present when it was promised.
I call Deputy Tuffy.
The Tánaiste mentioned the issue of Seanad reform after I had indicated that I wanted to ask a question. I would like to know how the proposed abolition of the NUI would affect the status of the sitting NUI Senators.
That will not be in order, unfortunately, until we have the debate on the legislation in question.
Could it be passed while we have a sitting Seanad?
The Deputy could table a parliamentary question on the matter.
I am sure the electorate of sitting Senators could not be abolished.
First, will we see the mental capacity Bill in this session? Will it be published in this session? Second, when is it proposed to ratify the UN Convention on the Rights of People with Disabilities? Third, when is it planned to introduce legislation to provide for the withdrawal of the directive that English be taught in all-Irish schools, as announced by the Minister for Education and Science recently?
The mental capacity Bill will be introduced in this session. I will have to revert to the Deputy on the secondary legislation. I am not sure if legislation is needed to provide for the withdrawal of a regulation that was set out in a circular. I will send an information note to the Deputy.
I have two questions for the Tánaiste. First, has the Government held discussions with the Garda Commissioner to ascertain the up-to-date position with the Garda inquiry into the banks? If we were talking about ordinary citizens, the inquiry would be well over by now. Why is special treatment being given to the banks?
That is not in order on the Order of Business, as the Deputy knows.
It relates to the bank inquiry. I would like one inquiry to be over before we start the other one.
The Deputy can raise the matter by means of parliamentary question or Adjournment debate, but it is not in order on the Order of Business.
That is fine. I would like a comprehensive response. I am also interested in the health (miscellaneous provisions) Bill. Will legislation be necessary? The over-70 medical cards have already gone to Dublin.
Yesterday I received a letter from the chief executive of the HSE, Brendan Drumm, who is the new Minister for Health and Children. The processing of all medical cards will be moved to Dublin even though there is chaos among the over 70s. What is wrong with the Fianna Fáil backbenchers? Have they gone to sleep? They are allowing this service to be withdrawn from rural Ireland even though it cannot be managed in Dublin.
Please, Deputy.
What has gone wrong over there?
The Tánaiste to respond on the health (miscellaneous provisions) Bill.
The legislation will be brought in this year.
They could at least hear me.
When the Deputy is around it is a case of "Nessun Dorma".
I wish to raise an issue of promised legislation.
Did Deputy Higgins hear me?
Lovely.
The House should come to order for Deputy Stagg's question.
Did everyone listen to funny music before they came in? In regard to promised legislation, the handling of the accounts of wards of courts by the Courts Service has been nothing short of a disaster.
Hear, hear.
By and large, the service made a dog's dinner of investing moneys. Legislation is promised——
I am glad to hear it.
——to give oversight to the Comptroller and Auditor General. Such reform is urgently needed because no information has been made available to the people concerned and colossal professional fees are being added to very minor transactions. This legislation must be brought before the House at the earliest opportunity so that people can get some idea of their entitlements.
If I am correct, Deputy Stagg is referring to the legislation raised by Deputy Stanton, which will be published this session.
He is referring to the courts Bill.
Mental capacity is an entirely separate issue.
Deputies raised the issue last year.
I understand it is only at draft stage.
I ask the Chief Whip to make arrangements for departmental officials to brief interested Deputies.
We will try to facilitate the flow of information. I recall that the Minister for Justice, Equality and Law Reform spoke to a number of Members on this matter in light of the serious concerns that have arisen in regard to it. I will revert to Deputies with precise details.
A statutory instrument providing for levies on the broadcasting industry was laid before the House this morning. As we are all aware, that industry is in severe difficulty at present. Under legislation, the Broadcasting Authority of Ireland has to publish a budget plan for these levies because they fund its operations. However, the budget for 2010 has not been published. Given that the levies have been published by way of statutory instrument will a further statutory instrument be prepared on the authority's budget plan?
That is a matter for the Minister for Communications, Energy and Natural Resources but I will ask him to revert to the Deputy.
Secondary legislation is in order on the Order of Business.