Dáil Éireann debate -
Tuesday, 19 Apr 2011

Vol. 730 No. 3

Order of Business

The Taoiseach

It is proposed to take No. 4, motion re proposed approval by Dáil Éireann for a directive of the European Parliament and of the Council on the use of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime; and No. 7, Criminal Justice (Community Service) (Amendment) (No. 2) Bill 2011 — Second Stage (Resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings in respect of No. 4 will, if not previously concluded, be brought to a conclusion after 45 minutes, and the following arrangements will apply: the speeches will be confined to the Minister or Minister of State and the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who will be called upon in that order and who may share their time, and will not exceed ten minutes in each case. A Minister or Minister of State shall be called upon to make a speech in reply that shall not exceed five minutes.

Private Members' business shall be No. 21, motion re natural resources.

An Ceann Comhairle

There is one proposal to be put to the House. Is the proposal for dealing with No. 4 agreed to? Agreed.

Deputy Micheál Martin

Regarding the ordering of questions, I submitted a question on 30 March asking the Taoiseach about whether he intended to meet the CEOs of multinational companies personally, considering Ireland is a location in which to do business. I received a letter the following day telling me my question had been rejected and that it was being resubmitted to the Minister for Enterprise, Trade and Innovation. I still have not received an answer. I tabled the question in light of the programme for Government and promised business from inward investment.

It has emerged in the news that representatives of the social networking giant Twitter met the British Prime Minister, Mr. David Cameron, who was selling London as the location for its European headquarters. We read in this morning's newspapers that Twitter had started recruiting for a London head office and that Ireland may have been overlooked, which I am sure the Taoiseach would agree is disappointing, given that the IDA and the outgoing Government were endeavouring to build on the success of bringing Facebook, LinkedIn and other social networking companies to Ireland.

Will the Taoiseach indicate what plans he has to meet CEOs of multinationals in the coming weeks to attract their companies to this country? What of the broader role of the Department of the Taoiseach in implementing the programme for Government's commitments on inward investment? Did he meet the CEO of Twitter?

The Taoiseach

I am not sure what legislation is here, but I might make this point. I share everybody's view that it is important that we make every effort as a country to attract and provide opportunities for employment. The Deputy will be aware that the Government has decided, through the Tánaiste and Minister for Foreign Affairs and Trade, to recall all Irish ambassadors and our IDA and Enterprise Ireland personnel to Dublin, probably in June, to have a thorough discussion about the mission they are on, the personnel they meet, the programmes and plans they have to meet companies, and so on. We will continue that. I have made this point to a number of CEOs, from those I have met individually to those I have had contacts from. In my capacity as Taoiseach when speaking in Washington, I had an opportunity to meet quite a number of those, as did the Tánaiste and Minister for Foreign Affairs and Trade in New York at the same time. I expect to travel again to New York in the near future to continue that work. I intend to meet the CEOs of major companies here and to use their experience in showing why other companies should continue to site and invest in Ireland. This is crucial for us and is set against the background of our intention to retain our 12.5% corporation tax rate, which every Member of the House would support.

Deputy Gerry Adams

I ask about a matter that has been removed from this week's schedule, that is, the promised debate on the revised memorandum of understanding between the Government and the EU and the IMF. The Taoiseach is always lauding the Government's efforts in acquainting and informing the Dáil of developments, but we received limited scéal on this from a news conference. Will the Taoiseach commit to publishing the memorandum of understanding immediately, scheduling a full Dáil debate following its publication and holding a Dáil vote on it?

The Taoiseach

It was originally intended to hold a debate on the IMF-EU updated memorandum of understanding. There will be a series of these. As the troika visits Ireland on a regular basis, these will be updated every quarter.

The decision was made to hold the debate tomorrow in respect of the Nyberg report on the banking institutions because this is obviously a priority issue. As the Deputy is aware from the discussions and reports, the troika accepted the changes the Government tabled to the memorandum of understanding and we will have that debate. It will probably be after Easter, but he will have the opportunity to have his say on it.

Deputy Gerry Adams

What about a vote on the issue? There is plenty of time. As our Whip stated, the Whips could arrange time to have the debate this week.

The Taoiseach

Deputy Adams will have the opportunity to have his say on that, probably by way of statements. The troika has accepted that Ireland complied with the requirements and conditions set down and accepted the changes that we will introduce, in particular our proposal to have a jobs initiative, which will be announced by the Minister for Finance in the Dáil and against which I am sure the Deputy will not vote.

Deputy Gerry Adams

We know all about the troika and how it came and told the Government what the latter should do. We want to have a say and a vote on these issues.

An Ceann Comhairle

The question of a vote does not arise at this point.

Deputy Micheál Martin

We were promised a debate.

An Ceann Comhairle

It can be discussed between the Whips on a date and time to be agreed.

Deputy Gerry Adams

The debate was promised. There have been more broken promises from this Government.

Deputy Micheál Martin

It was scheduled.

Deputy Gerry Adams

It was actually on the schedule but has been removed. It is not right that this Government tears up commitments.

An Ceann Comhairle

On the day this is arranged we can debate the issue.

The Taoiseach

The Deputy will have plenty of opportunities to have a say on many reports. This Government has changed the practice of the Dáil not meeting on the Tuesday following a bank holiday and has seen to it that the Dáil sits for longer into July and returns earlier in September. It will also sit on Fridays. The Deputy will be worn out talking about reports.

Deputy Gerry Adams

What will we do only talk?

Deputy Pat Rabbitte

It is the pity the Deputy was not here before.

The Taoiseach

The Deputy will be flattened.

Deputy Micheál Martin

There will be no time for hill walking.

Deputy Enda Kenny

I am quite sure if the EU and IMF memorandum of understanding was debated today, the Deputy would be on his feet asking why we cannot debate the Nyberg report.

Deputy Willie O’Dea

We will have that tomorrow.

The Taoiseach

The Deputy was promised the discussion on the memorandum of understanding and he will have it.

Deputy Timmy Dooley

When?

Deputy Willie O’Dea

When is it is expected to see the legislation outlawing upward-only rent reviews for existing leases? When is it expected to produce the legislation to reform employment regulation orders and registered employment agreements?

An Ceann Comhairle

Deputy Ó Snodaigh wishes to speak on the same issue.

Deputy Emmet Stagg

It is a pity the Deputy did not look at that during his time in office.

Deputy Alan Shatter

The Deputy had 14 years to address that.

Deputy Aengus Ó Snodaigh

There is an urgent need for legislation to deal with upward-only rent reviews, of which there is currently none. The only piece of legislation I can find in the legislative programme is the landlord and tenant Bill. There is no indication of whether the issue will be dealt with.

An Ceann Comhairle

We will find out in a moment.

Deputy Aengus Ó Snodaigh

If there is a separate Bill, will the Taoiseach indicate when it will be published so that we can avoid the closure of businesses such as the Light House cinema because of the issue?

The Taoiseach

The matter is under discussion with the Attorney General. Those discussions can be fed into the Property Services (Regulation) Bill, which is awaiting hearing on Committee Stage.

Deputy Charlie McConalogue

With regard to the legislation establishing the Department of children and the work involved in getting the Department up and running, why is a different system being used for the selection of the director general of the Department?

An Ceann Comhairle

That is not suitable for the Order of Business. The Deputy should put down a parliamentary question on the matter.

Deputy Charlie McConalogue

It relates to the establishment of the Department of children and legislation surrounding that.

Deputy Micheál Martin

It is promised business.

Deputy Charlie McConalogue

Why is a different approach being taken to the employment of a director general for that Department as opposed to the Department of Finance or the Department of the Taoiseach, for example? It demonstrates that the Department of children is being treated in a second class fashion in comparison to other Departments.

An Ceann Comhairle

I thank the Deputy.

Deputy Charlie McConalogue

There is no rush at all with that Department while the other Departments——

Deputy Emmet Stagg

That sounds like Fianna Fáil.

Deputy Charlie McConalogue

Why is there a difference? When will we get the legislation setting up the Department? As of now, well into the life of this Government, we still cannot pose questions to——

An Ceann Comhairle

The Deputy should resume his seat so he can get an answer.

Deputy Alan Shatter

The Deputy's party did not establish a Department for children for ten years.

Deputy Pat Rabbitte

A person must crawl before being able to walk.

Deputy Alan Shatter

The Deputy is complaining after five weeks.

The Taoiseach

The Government has appointed a senior Minister to deal with children and youth affairs. The legislation is being prioritised and some of the powers are to be transferred from the Department of Health and Children to the Department for children and youth affairs. It takes time to set this up but the Ministers and Government are insisting that it happen as quickly as possible. That is what will happen. Taking this into account, the appointments of Secretaries General are wide open to competition under the traditional arrangements, as I originally stated to Deputy Martin.

Deputy Micheál Martin

They are not wide open.

The Taoiseach

The Departments of the Taoiseach, Finance and Foreign Affairs, as well as the Revenue Commissioners, fall outside the top level appointments committee, TLAC, formation but that does not mean the Government will accept whomever might express an interest in being appointed to any of those Departments.

Deputy Richard Boyd Barrett

Given the shocking revelation that yet another banker will walk away with €3 million in a pot of gold after helping to bankrupt——

An Ceann Comhairle

Deputy——

Deputy Richard Boyd Barrett

It is a question on legislation. This €3 million is for helping to bankrupt the economy and forcing crushing austerity on the working people of this country. Is it not time to bring forward emergency taxation legislation to claw back some of the wealth that these people have walked away with? These people have robbed the country and left it bankrupt.

An Ceann Comhairle

Deputy——

Deputy Richard Boyd Barrett

Can we not bring forward legislation to claw back some of this money through wealth taxes?

An Ceann Comhairle

Is there promised legislation?

The Taoiseach

There is preparation of legislation to deal with a referendum in respect of accountability to be given to Oireachtas Members to deal with cases where that should apply.

Deputy Richard Boyd Barrett

What about the money?

Deputy Ciarán Lynch

I seek guidance from the Ceann Comhairle on parliamentary questions coming before the House. I note that parliamentary questions replied to by the Ministers responsible for health and tourism now give a timeframe for agencies such as Fáilte Ireland and the HSE. This is a welcome development because in previous Dáils when I put down questions in these areas Ministers told me that these were not functions under their responsibility. Ministers are now seeking replies from the agencies and putting a timeframe on the process.

Deputy Timmy Dooley

The Deputy's party is part of the Government now, believe it or not.

Deputy Ciarán Lynch

Will the procedure be applied to all quangos and agencies with a relationship with Ministers and will all Ministers follow the procedure in future?

Deputy Willie O’Dea

The quangos will be gone soon.

An Ceann Comhairle

I have encouraged all Ministers to reply in that fashion and I sincerely hope they will act accordingly.

Deputy Willie O’Dea

They will be gone in 60 days.

Deputy Aodhán Ó Ríordáin

I note the programme for Government states that people of non-faith or minority religious backgrounds and publicly identified lesbian, gay, bisexual and transsexual people should not be deterred from training or taking up employment as teachers in the State. This is a clear reference to section 37 of the Equality Act. When will an amendment to that legislation come before the House so that the discriminatory practices of some schools can be outlawed?

The Taoiseach

I do not know the detail of the issue raised by the Deputy but it is clearly of some concern to him. If he provides the detail, I will give him a reply either in the House or directly as soon as possible.

Deputy Timmy Dooley

Does anything go on in the parliamentary party meetings?

Deputy Sean Fleming

The Taoiseach promised a jobs budget to stimulate economic development for early next month. The Taoiseach has since said this will not be a budget in the normal sense of the word and the process has been relegated to a revenue-neutral jobs initiative. As we will now be presented with a revenue-neutral jobs initiative, will the Minister for Enterprise, Trade and Innovation, Deputy Richard Bruton, present the statement to the House? We have been told this will not be a normal budget. Will it contain tax increases that will require the Minister for Finance to present the statement?

The Taoiseach

The Deputy's leader said he had no interest in Punch and Judy politics and neither do I.

Deputy Timmy Dooley

Will it be Punch or Judy?

The Taoiseach

It is important for us to introduce a jobs initiative. I changed the title because some people were getting carried away in a notion that there would be tax increases of one sort or another.

Deputy Micheál Martin

The Taoiseach was told to change it by his Tánaiste.

The Taoiseach

That would apply in many cases in traditional budgets. I hope that when the Minister for Finance comes before the House on that date in May, he will present the best package we can put forward given the constraints we are under because of the IMF and EU deal.

Deputy Timmy Dooley

So it is Punch.

The Taoiseach

I hope it will give some confidence to our indigenous economy, employers will find it easier to take on employees and people will have the confidence to begin to spend money. We must look to release the frustration of so many people in this country who want to get back to work so we can make a decent stab at finding work for the 440,000 people currently on the live register.

Deputy Michael McGrath

Is there a specific date for the Ministers and secretaries (amendment) Bill? At this stage the House deserves a specific date. The Taoiseach and his Ministers received their seals of office six weeks ago——

An Ceann Comhairle

There is no need to expand.

Deputy Pat Rabbitte

Six whole weeks.

Deputy Michael McGrath

I am just making the point.

An Ceann Comhairle

There is no real need to.

Deputy Michael McGrath

I believe it is in order.

Deputy Bernard J. Durkan

Six whole weeks.

Deputy Dara Calleary

Everybody else was allowed to speak.

Deputy Michael McGrath

It is on the Order of Business and relevant.

An Ceann Comhairle

We will get an answer.

Deputy Paul Kehoe

The Deputy's party had 14 years.

Deputy Michael McGrath

At this stage a senior Minister can negotiate with the IMF and the European Commission, undertake official engagements——-

An Ceann Comhairle

The Deputy knows that is not a matter for the Order of Business.

Deputy Michael McGrath

——on behalf of the Government, yet he cannot come into the House and take a question from a member of the Opposition. For how long is that acceptable? Can we have an answer once and for all, please?

Deputy Pat Rabbitte

Six weeks.

Deputy Bernard J. Durkan

The Deputy has a sense of humour anyway.

Deputy Niall Collins

He is very quiet.

The Taoiseach

I thought Deputy Michael McGrath was going to start quoting from Tintern Abbey — “five summers, with the length/Of five long winters”.

Deputy Michael McGrath

The Taoiseach could just answer the question.

The Taoiseach

It has been six weeks——

Deputy Joe Higgins

Six weeks that did not shake the world.

The Taoiseach

Fianna Fáil had 14 long years and we are trying to clean up the mess it left behind.

Deputy Willie O’Dea

There are only 58 days left.

The Taoiseach

I can tell him Deputy Michael McGrath that the Bill is expected shortly. We are doing our level best to move it forward in order that we can deal with this issue.

Deputy Willie O’Dea

What will they do for the next 58 days?

Deputy Mick Wallace

Might the Taoiseach consider introducing legislation to deal with some of the exorbitant wages paid in the State sector? The previous Minister for Finance proposed a cap of €250,000 for new State jobs. The Government seems to be able to reduce the wages of the less well-off; surely it can deal with the wages of those receiving more than €250,000 in the State sector.

Deputy Emmet Stagg

The Government is increasing wages.

An Ceann Comhairle

Is this a matter of promised legislation?

The Taoiseach

No; there is no legislation promised.

Deputy Alan Shatter

Has Deputy Wallace paid the banks back yet?

Deputy Mary Lou McDonald

I notice the Taoiseach is delighted with himself because the Troika are so satisfied with his revised memorandum of understanding. I wonder if his missive to The Irish Times might be signed “Delighted in Castlebar” rather than “appalled”. He was asked a straight question. He promised a debate on the revised memorandum. This party wants a vote on the matter. Given that the Taoiseach seems to be so pleased with what he has achieved, I am puzzled about his reluctance to allow such a vote. Could it be that he wishes to maintain a safe distance between himself and the bailout agreement——

An Ceann Comhairle

We are on the Order of Business.

Deputy Mary Lou McDonald

——despite the fact that he has now produced a revised arrangement? I ask him to publish the deal, bring it before the House and allow us to vote on it.

Deputy Pat Rabbitte

"Cynical in Cabra".

An Ceann Comhairle

I ask the Taoiseach to clear up this matter once and for all. This is about the tenth time the question has been asked.

The Taoiseach

This is not "Appalled in Castlebar" or "Confused in Dingle" but "Cynical in Cabra". Deputies were promised a debate on the memorandum of understanding of the EU-IMF deal and they will have one.

Deputy Mary Lou McDonald

And a vote.

The Taoiseach

If they wish to vote against having a debate at the beginning, they may do so, but I expect that they will contribute to it. I never said the Troika were "so satisfied" with Ireland's performance. It merely pointed out that we were in compliance with the conditions. We are following an austerity programme that nobody wants to follow. We want to get out of it and we will do so by being able to go back to the bond markets to borrow money and being in charge of our economic destiny. I ask the Deputy to help Ireland in that regard by presenting credible propositions, not ones that are so far out they would wreck any economy.

Deputy Mary Lou McDonald

The cynicism is in the Taoiseach's refusal to allow a vote on the memorandum of understanding and well he knows it.

An Ceann Comhairle

I remind the Deputy that there is also Private Members' time. If she wishes to table a motion at any time, the option is open to her.

Deputy Micheál Martin

I seek clarification on that very point. The debate was included in the schedule and it had been agreed by all concerned that there would be time to discuss the revised EU-IMF memorandum of understanding and deal, although I accept there is no substantial change to the agreement.

Deputy Arthur Spring

Except to the minimum wage.

Deputy Micheál Martin

However, I am not clear from the Taoiseach's reply when that debate will take place. Will it be this week or the week after next?

The Taoiseach

The week after next.

Deputy Micheál Martin

The reason I ask is in the interests of the House. There was full fanfare on Friday for the announcement, with two Ministers taking part and RTE breaking its usual routine.

An Ceann Comhairle

Sorry——

Deputy Micheál Martin

It is relevant to the House; I will not detain it.

Deputy Emmet Stagg

It is like Punch and Judy.

Deputy Micheál Martin

It makes the House somewhat irrelevant when everybody else can debate it——

(Interruptions).

A Deputy

More irrelevant than when the Deputy was in government?

Deputy Micheál Martin

——but it cannot be debated in the House for weeks afterwards. It is just not on. I make that point to the Taoiseach.

Deputy Emmet Stagg

Punch and Judy. We are wasting time.

Deputy Alan Shatter

No one takes such a comment seriously.

Deputy Micheál Martin

When does the Taoiseach envisage taking it?

An Ceann Comhairle

The week after next, he said.

Deputy Micheál Martin

While I am on my feet I will mention, with regard to the Ministers and secretaries Bill, that there is a precedent under which the Minister for Children and other Ministers could answer questions. It has happened before in the House.

An Ceann Comhairle

That matter has been dealt with by way of correspondence.

The Taoiseach

The Ministers concerned are anxious to answer questions and get involved in the responsibilities of their new Departments. The legislation will come before the House quickly. The debate on the Nyberg report is taking place tomorrow and I am sure the Deputy will want to contribute to it. I can confirm that the debate on the memorandum of understanding will take place the week after next.

Deputy Niall Collins

When does the Taoiseach intend to establish a commission to review the future of the credit union movement?

An Ceann Comhairle

Does that matter relate to promised legislation?

Deputy Niall Collins

It is included in the programme for Government.

The Taoiseach

Not in terms of legislation.

Deputy Alan Shatter

No legislation has been promised.

An Ceann Comhairle

No legislation has been promised.

Deputy Michael McGrath

It is included in the programme for Government.

An Ceann Comhairle

Deputy Boyd Barrett, you have spoken already. What is it?

Deputy Richard Boyd Barrett

This is from "Genuinely curious in Dún Laoghaire".

An Ceann Comhairle

It is not a matter of curiosity. We are on the Order of Business.

Deputy Bernard J. Durkan

Genuinely confused.

Deputy Richard Boyd Barrett

It is about the programme for Government.

The Taoiseach

"Desperate in Dún Laoghaire".

A Deputy

Disingenuous, perhaps.

Deputy Alan Shatter

The armchair protester from Dún Laoghaire.

Deputy Richard Boyd Barrett

The Taoiseach restated at the weekend his intention to go ahead with the sale of €2 billion worth of State assets. When can we expect the assets to be identified and the proposal introduced to the House and discussed?

An Ceann Comhairle

I am sorry; Deputies must inquire about promised legislation or a debate.

Deputy Pat Rabbitte

"Dishevelled in Dalkey".

Deputy Pádraig Mac Lochlainn

There is a commitment in the programme for Government to change the existing system of criminal sanctions for fishermen to one of administrative sanctions. As the Taoiseach knows, this issue has caused major anger in coastal communities in which fishermen feel they are being criminalised in a nonsensical fashion. When will the Government give priority to this issue and pass the required legislation?

The Taoiseach

This is a small but important Bill. I have asked the Minister concerned, Deputy Simon Coveney, to respond to the Government specifying when he can bring it before us for approval. I have been aware of this issue for a number of years.

Deputy Seán Crowe

My question is about the issue of bankruptcy. Most of those who are becoming bankrupt are not major speculators or developers. Increasingly, suppliers, small shopkeepers and so on are facing bankruptcy. However, when a bankrupt person dies, the debt is passed to the family. There are some whose spouses have been affected in the last 20 years. There was talk in the media that this issue would be dealt with through legislation. Are there any proposals in the programme for Government to deal with the difficulties faced by these families?

The Taoiseach

Legislation dealing with the bankruptcy laws will be published in the first quarter of 2012. The Minister for Justice and Equality informs me that there are some provisions in the civil law (miscellaneous provisions) Bill which will be introduced after Easter to deal with some elements of the bankruptcy system.