It is proposed to take No. 7, motion re appointment of members to Standing Joint Committee on Consolidation Bills; No. 8, motion re proposed approval by Dáil Éireann of the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2009 (back from committee); and No. 15, Value-Added Tax Consolidation Bill 2010 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 7 and 8 shall be decided without debate; and parliamentary questions next for answer by the Taoiseach on EU matters shall be taken on the same day as the statements on the EU Council meeting in Brussels, scheduled to be taken on Wednesday, 3 November 2010, and shall be moved to be taken first as ordinary Oral Questions to the Taoiseach on that day. Private Members' business shall be No. 74, motion re resourcing of the Garda Síochána and the Office of the Director of Corporate Enforcement.
Order of Business
Is the proposal for dealing with Nos. 7 and 8, motions re appointment of members to committee and proposed approval by Dáil Éireann of the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2009, without debate, agreed to? Agreed. Is the proposal for dealing with parliamentary questions next for answer by the Taoiseach on EU matters agreed to? Agreed.
On behalf of the Fine Gael Party, we extend our deepest sympathies to the Minister for Foreign Affairs, Deputy Micheál Martin, his wife, Mary, and the family on the death of their beautiful child, Léana. At a time of unspeakable grief for any family suffering the loss of a child, the dignity as a family unit will be of consolation to everyone who has lost a child in any circumstances. I am sure I speak for everyone in the House.
While we may have differences of opinion politically, I condemn and deplore the attack on the Minister for Health and Children yesterday.
Deputies
Hear, hear.
This is not the kind of Ireland we want. As a people, we are able to have rational discussion about difference. I deplore the attack on the Minister for Health and Children while she was performing an official function.
She was a ferocious woman in red paint.
Can the Taoiseach give an indication when the Government expects to consider the revised wording for the children's referendum? When does the Taoiseach expect the Government to approve this and is it the intention of the Government to name a date?
I agree that we have great sympathy for our colleague, the Minister, Deputy Micheál Martin, Mary and the family. They have our prayers, support and solidarity.
I also agree the incident yesterday as it affected the Minister for Health and Children was unfortunate, but I am glad to say she was at her desk very shortly afterwards making decisions and getting on with her job, leaving the consequences of it to the appropriate authorities. I am sure it will be followed up on in due course.
The matter referred to by Deputy Kenny is being examined in thorough detail by the Minister of State with responsibility for children, Deputy Barry Andrews, who will be reporting to the Government in due course. It is a matter of high priority for him. The area is very involved and, as I stated on Question Time last week, the issues arising concern constitutional amendments, for which every word and sentence must be examined, as must every foreseen and unforeseen consequence. A very long draft proposal was made by the committee and I have commended it for its work on many occasions. It is the responsibility of Government to ensure we thoroughly examine it and come back to the House for further discussion if necessary.
I join with the Taoiseach and Deputy Kenny in extending my sympathy and that of the Labour Party to the Minister, Deputy Micheál Martin, and his wife, Mary, on their tragic loss. I also join the Taoiseach and Deputy Kenny in condemning absolutely the assault on the Minister for Health and Children.
In the course of a newspaper interview published on Saturday, the Taoiseach indicated the writ for the Donegal by-election will be moved in the first quarter of next year but he did not commit to holding the by-elections for Dublin South and Waterford on the same day. Will he clarify if it is his intention to hold the three by-elections on the same day? There are now four by-elections to hold. Given what the Taoiseach said to Deputy Kenny, that his mandate and authority derives from this House, I draw his attention to the fact that it now derives from a House that is down four in number. It is not sustainable to have a situation where Dáil Eireann has its membership depleted by that number for such a period of time.
There has been speculation that the budget day will be earlier than 7 December. Will the Taoiseach confirm the date of the budget is 7 December? Given the financial state of the country and the uncertainty in the markets, I am sure he agrees it is not helpful to have uncertainty about the date of the budget. I invite the Taoiseach to confirm that the budget will be on 7 December. If not, he should tell the House what date it will be.
Regarding the wording of the children's referendum, the Taoiseach indicated the Government is considering a new wording. Is it his intention to refer the new wording to the all-party Oireachtas committee that drafted the original wording and did so much work, as generally acknowledged by the House? Can he give an indication when the Government will have the wording ready?
On the first matter, I refer to the statement made by the Chief Whip on the occasion of the debate in the House to the effect that writs will be moved in the first quarter of next year.
For all three or four?
We have not given consideration to anything beyond that.
Is the Taoiseach expecting the number to rise?
Deputy Rabbitte should not leave us now. We could not do without him.
Rumours of Deputy Rabbitte's demise are greatly exaggerated. There has been no change to the Government decision to have the budget on 7 December.
Regarding the children's referendum, I cannot give a date for when the work currently being undertaken by the Minister of State and the Government will be completed. We are pursuing this matter. I expect that whatever emerges from the Government's consideration of the matter will come back for discussion in the Parliament in whatever committee it wishes to hold it.
Chomh maith leis an bheirt Theachta romham, ba mhaith liom thar mo cheann féin agus thar ceann an pháirtí comhbhrón ó chroí a ghabháil leis an Aire, an Teachta Micheál Martin, agus lena chlann ar bhás a iníne. Rud an-bhrónach é i gcónaí nuair a fhaigheann páiste bás sa tslí seo. Mar a dúirt mé, comhbhrón ó chroí chuig an chlann.
The ground rents Bill is used to appear on the Government legislative programme for many years and then disappeared. Is there any indication from the parliamentary draftsmen that they will ever get to grips with a ground rents Bill to remove for once and for all that hangover from the empire from those people who must deal with ground rents on a regular basis?
I am not aware that the Bill is on the list.
I refer to items of promised legislation. The first concerns the growing problem of sham marriages for the purposes of circumventing the residency laws. The Latvian authorities have been in touch with the Government on a number of occasions, going back to 2006, expressing grave concern for the welfare of many of their citizens who engage in, or are enticed into participating in, sham marriages. The Minister for Social Protection has promised legislation to make it a criminal offence to engage in or facilitate such a marriage. When does the Taoiseach expect to have that legislation ready for publication?
What is the timescale for the promised legislation to ban corporate donations?
I understand the first matter may be incorporated in the immigration Bill.
May be?
Yes. The Minister has raised the issue at European level on a number of occasions. He did not have the support of the Latvian Government on those occasions. I am not too sure what the issue is in that regard.
The matter has been raised with the Minister by many eastern European governments.
I am making the point——
None of whom supported me when I raised the matter in Brussels. It is ironic.
Is it not the case that the laxity in the law is in this country?
Deputy Shortall please.
Ireland was on its own.
We cannot have a discussion at this point. We can only have a simple query about the legislation.
A serious issue arises about the welfare of their citizens.
Very serious.
Deputy Shortall, please.
They should have supported the issue when I raised it.
These issues are under consideration. The second matter to which the Deputy referred is also under consideration at present and will be published as soon as it is approved.
Is there no timescale?
No.
In the context of the road traffic (amendment) Bill amending the Road Traffic Act, will the Taoiseach and the Minister for Transport take on board the situation regarding the motorway, in particular the M7 from Nenagh to Castletown, the last stage of which has been closed off in recent days because subcontractors are not being paid. Some have not been paid since as far back as last March and many small businesses are being put to the wall. I have asked the Taoiseach to take action on the matter as the road is in his constituency. The Minister for Transport is present.
The Deputy should submit a question to the line Minister.
This is not good enough. It is the last stage of the motorway and many contractors have not been paid coming up to Christmas.
I know. I am sure it is important. The Deputy should submit a parliamentary question. It is not appropriate on the Order of Business.
A Portuguese company received the money but it did not pass it on to contractors.
Deputy Coonan is abusing the privilege of the Order of Business.
I urge the Taoiseach to intervene in the matter, take responsibility for it and ensure that those people are paid.
Hear, hear.
The Deputy will have to submit a question to the line Minister.
Can we expect the publication of the Dublin commission's report in respect of matters being investigated in the diocese of Cloyne?
The Fines Act 2010 was enacted this year. The commencement order has not been signed yet. I tabled a parliamentary question on the matter. When is the exact date for the commencement of the legislation? Its purpose is to make imprisonment a last resort on default of payment of a fine. In other words——
The Deputy's point is well made.
——people are still being committed to prison for non-payment of fines——
I will inquire of the Taoiseach when the legislation is due to be commenced.
——in spite of the fact that we have enacted the legislation in this House. We are already hearing reports about Cork Prison and other prisons being overcrowded. They are partly overcrowded because of such situations.
We cannot have a debate at this time.
When will we see the commencement of that legislation?
A direct question to the Minister for Justice and Law Reform could get the exact information. My understanding is that most of the provisions of the Fines Act will be brought into operation on 1 January next. On the specific point raised, the reason commencement orders are sometimes inserted into legislation is to facilitate some work to be done, in this case by the Courts Service, on how the matter would work in practice. The point has been made by the Deputy and it will be followed up by the Minister to introduce it as quickly as possible.
On a point of order, am I given to understand then that the negotiations on the appointment of the receiver have concluded and that the Taoiseach is satisfied that the Act will commence on 1 January?
Deputy Sherlock will have to pursue the matter in another way. It is not appropriate for the Order of Business.
It is hoped to be able to meet such a deadline based on the work that is ongoing in the Department of Justice and Law Reform in that regard. That is the objective. The Minister made a detailed reply to the matter last week on Question Time. I refer the Deputy to it for the exact position.
On the report on the Cloyne diocese, we acceded to a request from the judge for a further extension until the end of the year in the hope that it is the final extension sought so that the report can be completed.
From the many recent leaks it appears that there will be cuts in all kinds of areas. The one area that seems to be subject to no control is legal costs. We had a Minister for Justice seven years ago who promised a legal costs Bill. When will such a Bill come to the House?
——seven years ago who promised a legal costs Bill. When will such a Bill come to the House?
On the basis of sentiment so far a parliamentary question to the Minister would be very helpful.
The legal costs Bill is on the list of promised legislation. It is essential that we control costs at every level. That is the purpose of the Bill.
In the light of the news that the Minister for Health and Children has at last taken a hold of the over-manned structures in the Health Service Executive, will there be an opportunity to discuss the eligibility for health and personal social services Bill in the House because the removal of 5,000 staff in a matter of three weeks or one month will have some effect on front-line services? When will we get an opportunity to discuss that?
I indicated to the House last week that the legal costs Bill would probably be due before the House next year, as will the second Bill to which the Deputy referred. I accept the entitlement of Deputies to raise such questions but at the same time we must consider what arrangement we can make in order to avoid repetition on the same Bills from various Deputies on different days. I do not know how we will get around it but it is a growing trend.
I have studied the pink sheet again and considered the number of Bills outstanding.
I expect Deputy Durkan knows it off by heart.
Yes. There are 23 Bills promised, many of which are urgent. I am sure the Dublin Lord Mayor Bill is equally urgent.
Does the Deputy have a specific inquiry?
I have. I do not wish to delay the House by reading into the record each of the Bills——
Please do not.
——so I will encompass them in a single question. Of the 63 Bills that are grey and vague on the white paper, given that at least six Bills are important in improving this country's standing in the international markets — three banking Bills, an insurance Bill and another Bill — could urgency be applied by the Taoiseach to bring all of those Bills before the House at an early date as opposed to consigning them to what looks like a five-year plan?
There is no need to elaborate. The Deputy has made an inquiry. I am sure we will get an answer shortly.
I was merely explaining for the benefit of your good self, a Cheann Comhairle, and the Taoiseach.
It is not appropriate to have a debate on the Order of Business.
The Taoiseach will wish to give a comprehensive answer. Could I hear it please?
On the Deputy's concern about the markets, the most important thing we can do is proceed with a budgetary policy that will deal with the issues that arise, pass it and bring forward a finance Bill. I look forward to his support in that respect.
The banking Bills are at various stages of preparation. Most of them are due before the House next year. There has been considerable reform in the banking area as a result of legislation passed already during the course of this year.
I am not so sure about that.
In the context of the new spirit of consensus and the Taoiseach's invitation to the spokespersons on finance to the Department of Finance to view the books in the context of the budget and the four-year plan, would he extend that invitation to other spokespersons in the context of major multi-billion capital projects such as metro north and the interconnector so that they could examine the business plan or cost-benefit analysis in the Department?
There are other ways to raise the matter.
I accept there is sensitive commercial information that cannot be disclosed.
There are other ways to raise this matter. It is not appropriate for the Order of Business. There are other ways to make inquiries on legislation.
These important multi-billion euro projects are getting planning permission. This Government will not construct them, but it may well be the one making the decision. In this context and given the amounts involved are multi-billion rather than multi-million, will the Taoiseach extend the same courtesy to spokespersons in the various portfolios and invite them to view the information?
Perhaps the Deputy could submit a parliamentary question to the appropriate line Minister.
This is the only opportunity to raise this serious question.
Could we get to the point, please?
Will the Taoiseach extend the same courtesy he extended to the finance spokespersons to other spokespersons to view the cost benefit analyses and business plans on these matters, particularly in the context of the recession, unemployment levels and the economic situation?
I am starting to see Deputy Costello will not support 4,000 jobs.
The business case for the metro proposals is, as I understand it, on the web. The issue raised by the Deputy is a good one.
The business case is not on-line.
Metro north.
I understand it is for metro——
I am referring to sensitive commercial information.
Excluding——
It is a business case without information.
It is to protect taxpayers.
Could we have the Taoiseach without interruption, please?
That would be the whole idea of spokespersons.
Allow the Taoiseach without interruption, please.
To the obvious exclusion of commercially sensitive information.
Will Deputy Costello make up his mind? Is he for or against it?
Minister, please.
There is a good chance of recovery if the Minister, Deputy Dempsey, is protecting the taxpayer.
The Deputy is trying to have it both ways. It is like everything else.
Perhaps we could get the Taoiseach to answer the question instead of the Minister for Transport.
It depends on where one is. As I was telling Deputy Costello, the business case on-line excludes commercially sensitive information, which is not surprising. If something is commercially sensitive, one does not show it to anyone. That is the whole idea——
That is the whole idea of spokespersons.
It is the whole idea of what defines commercially sensitive information. We could have a word game. I want to answer the question seriously, but if the Deputy wants to interrupt me, maybe I will leave it.
Do not be like that, Taoiseach.
Hello Bernard. How are you? I thought we were finished with you for the evening.
Deputies, please.
We will have to meet again.
Go ahead, Taoiseach. We are waiting for words of wisdom.
I would not say that they will be words of wisdom to Deputy Costello's ear. I am sure that, if he wants discussions with the Minister for Transport in respect of these matters, the Minister could facilitate such a discussion to the best of his ability without giving the Deputy all of the commercially sensitive information, if that is okay.
That is appropriate.
Given the commitments made at the time, is it still the Government's intention to appoint a NAMA oversight committee?
That is a matter on which I will revert to the Deputy in terms of where it is at currently.
Since the Minister for Agriculture, Fisheries and Food, who is sitting beside the Taoiseach, has failed to honour his commitments to pay farmers their due entitlements——
We are on the Order of Business, not any other business.
I would like to ask the Taoiseach——
The Deputy will need to find another way to raise this matter. I recollect similar sentiments being expressed when discussing requests made under Standing Order 32.
When will the long delayed veterinary practice Bill be before the House? The situation is causing a great deal of undue concern to farmers throughout the country.
Silence.
Would the Taoiseach like to telephone a friend?
Is Deputy Bannon finished?
Yes.
When the Deputy resumes his seat, I will certainly answer.
We will get an answer for the Deputy. We have an inquiry on legislation.
Does the Ceann Comhairle want me to continue?
Definitely not.
No. Suigh síos. Will Deputy Bannon resume his seat, please? We have an inquiry on legislation.
I understand that it is the intention of the Minister for Agriculture, Fisheries and Food to move an amendment to the Veterinary Practice Act 2005 in due course to deal with some of these issues. Finally, in respect of the Deputy's critique of the situation regarding advance payments, they have been paid six weeks in advance of previous dates and 90% of farmers have been paid. It is one of the most efficient systems in Europe and I congratulate those who negotiated an advance payment for Irish farmers, which is not available to all EU farmers.