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Dáil Éireann debate -
Thursday, 12 May 2011

Vol. 732 No. 2

Order of Business

It is proposed to take No. 6, statements on the jobs initiative 2011 (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 6 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m.

There is one proposal to be put to the House. Is the proposal for dealing with No. 6, statements on the jobs initiative 2011, agreed to?

I see that questions will be taken at 3.30 p.m. What will be the duration of Question Time?

It will be the normal Question Time. Is the Deputy referring to the question and answer session at the conclusion of statements?

My understanding is that questions may be put to the Minister for Finance. Is that the case and how long will that question and answer session be?

Questions to the Minister for Finance will begin at 2.45 p.m. and conclude at 3.15 p.m. The Minister will then conclude the debate. Question Time is scheduled for 3.30 p.m. and the questions will be to the Minister for Communications, Energy and Natural Resources.

Given the length of the statements made on the jobs initiative, allocating half an hour at the tail end for questions to the Minister for Finance is completely inadequate. We ask that the period be extended. It is hardly longer than the speaking slots given to Members.

I remind Deputies that this was agreed to on Tuesday when the order was made in the House. I am afraid I have no choice in the matter.

Last Thursday I raised with the Tánaiste the possibility of other Ministers also taking questions during the question and answer session and he indicated that this would be possible. I see there has been a rowing back and that all questions will be taken by the Minister for Finance, even though there are issues in the initiative relating to other Ministers. Would it be possible to confirm that the arrangement the Tánaiste indicated in the House last week will operate this afternoon?

There are two parts to this. First, there is the debate on the statement made by the Minister for Finance in announcing the jobs initiative on Tuesday. He will respond to that debate and answer questions. Second, arising from the announcement of the jobs initiative on Tuesday, a finance Bill will be introduced later in the Dáil. That will give Deputies a further opportunity to debate the detail of the various proposals made. A social welfare Bill will also be introduced which will give Deputies an opportunity to pursue matters in detail with the Minister for Social Protection.

There cannot be a debate on this issue. Is there an objection to the Order of Business?

I can only allow short a short contribution from each party if the Order of Business is not being agreed to. May I take it that the Order of Business is not being agreed to?

I seek clarification. Before the Bills are published, will a Revised Estimates Volume be published? Changes have been made to the Estimates previously published. Will a Revised Estimates Volume be published before the finance Bill is introduced?

In the course of the Minister for Finance's statement on Tuesday he outlined the reallocations and provisions being made to finance the jobs initiative. The finance Bill which arises from the announcement will be published later this month. As I have indicated, there will also be a social welfare Bill that is being progressed by the Minister for Social Protection.

I call Deputy Joan Collins on behalf of People Before Profit.

I was indicating an intention to speak on a separate matter.

In that case, I will put the question to the House.

Question, "That the proposal for dealing with No. 6 be agreed to," put and declared carried.

As the Tánaiste indicated, legislation will be introduced relating to the jobs initiative. Will he commit to publishing all the studies conducted of the implications of introducing the €1.8 billion pensions levy? Will he confirm that the Pensions Board was consulted and will he make the advices of the board available to this side of the House in order that we can be fully informed in the debate that will take place?

These are matters that can be raised with the Minister for Finance who has made his statement, on which the debate is continuing today in the House. The finance Bill will be published later in the month. It will provide an opportunity for every Member to debate, in detail, all the matters relating to the financing of the jobs initiative. It will also give Members an opportunity to table amendments, if they so wish.

In order that we can take part in the debate in an informed way, it would be in the interests of transparency and openness that we would get the advice of the Pensions Board on the implications of this levy on the pensions industry.

We cannot have a debate on the matter at this point.

It will have serious implications for——

Deputy, you are not listening to me.

Deputy Ó Cuív should have run against Deputy Martin for the leadership.

When I am speaking, will Deputy Ó Cuív stop speaking for a moment? You are not allowed to raise a matter of that detail on the Order of Business.

It is fundamental detail in terms of——

It may be, but you can deal with that on the question and answer session at 2.45 p.m. This is the Order of Business.

With no disrespect——

It is disrespectful because you are out of order. That is the reason. It is not me, it is the Standing Orders you agreed to. I am only applying them.

I am seeking elucidation, in terms of taking part in debates on legislation, as to whether the advice regarding the pension funds, which no doubt the Government received, will be made available to us.

The Deputy can ask that question when we reach the question and answer session at 2.45 p.m.

I do not understand the issue. If Deputy Ó Cuív or his spokesperson wants to get the advice of the Pensions Board or its view on the proposals, as Members of the House I am sure they are perfectly entitled to get that from a public body.

I call Deputy McDonald on the Order of Business.

On promised legislation, the heads of Bill have not yet been agreed for the personal insolvency Bill. All of us will agree that yesterday the Master of the High Court set out very clearly the catastrophic consequences of aggressive banks pursuing desperate people laden with debts they cannot meet. The law is clearly inadequate. It is agreed by the Government that we need an overhaul of bankruptcy and we certainly need mechanisms to deal with debt resolution.

If you ask a question, we might find out about that.

Given that the Government was so swift to pump billions of euro of taxpayers' money into banks, and given the failure of this Administration so far to act to protect the interests of distressed debtors and mortgage holders, which I have raised before with the Tánaiste, I ask that he would address this matter with some urgency and that he give a commitment to the House that the legislation will be published with the haste it requires. The Tánaiste said the planned publication date for the personal insolvency Bill is 2012, which is far too late.

The Government regards the issue of distressed mortgage holders as a matter of great urgency. We are very concerned about the difficulties in which mortgage holders find themselves when these matters are brought before the courts. A personal insolvency Bill is planned for 2012 and is in the course of being developed in the Department of Justice and Equality to provide for a new framework for settlement and enforcement of debt, and for personal insolvency. Some interim measures are planned for the civil law (miscellaneous provisions) Bill that is in the course of being drafted with a view to publication as soon as possible this year. Account is being taken of the recommendations of the Law Reform Commission in its recent report on personal debt management and debt enforcement. That report provided an in-depth review of the personal debt regime.

I call Deputy Joan Collins.

Tánaiste, you cannot claim to attach an urgency to a matter like this and continuously long-finger it. That is your record on this matter.

I ask the Deputy to speak through the Chair.

There is no long-fingering of this matter. If the Deputy had listened to the reply instead of having predetermined what the answer was going to be, she would have heard me say very clearly that the personal insolvency Bill is planned for 2012——

Yes, and also that interim measures are being planned for the civil law (miscellaneous provisions) Bill which is in the course of being drafted with a view to publication as soon as possible this year.

The Deputy should listen.

The Deputy hopes things will get worse.

I call Deputy Joan Collins.

Deputy McDonald asked the question I was going to raise but I think——

Thank you. I call Deputy Joe Higgins. I remind him it is the Order of Business.

Forewarned is forearmed.

He would not do that, a Cheann Comhairle.

Of everybody here, a Cheann Comhairle, I am the last person you need advise of that, to be fair. I am glad to hear the Tánaiste will bring forward, hopefully as a matter of urgency, the matters regarding personal insolvency. It is bad enough to have certain banks robbing us but killing us as well is far worse.

Despite the Fine Gael-Labour Party coalition having laboured for 100 days and having brought forth a modest jobs initiative proposal, it appears this morning, according to those who know, that the raid on the pension funds to finance this will not apply to approved retirement funds which, according to those who know, one would need a lot of money for and which are not for run-of-the-mill workers.

You are beginning to sound as if you are out of order. Will you ask a question on the Order of Business?

It seems the advice will be necessary, after all.

You have just anticipated my question, a Cheann Comhairle. What legal clarity can the Tánaiste bring to this issue because there seems to be huge confusion with regard to the raid on the pension fund?

The legal clarity that can be brought to that will be the provisions of the finance Bill which will be introduced in the House later this month, as I said. The Deputy will have an opportunity to comment on that at the time and of proposing amendments to it, if he so wishes.

Is it planned to publish the sea fisheries and maritime Bill, which is in the programme for Government and is eagerly anticipated by people in the fishing industry? The Bill aims to replace the current criminal sanctions with penalty points and administrative sanctions. On top of the announcement yesterday in regard to the tourism aspect of the jobs initiative, this is eagerly awaited legislation.

That legislation is with the Attorney General at present and there is as yet no date.

Will the Taoiseach make a statement to the House in regard to the restricted access to these buildings next Wednesday? Can he assure the House that no Deputy or Senator will be interfered with or prevented from coming to or from the Oireachtas next Wednesday, as per Article 15.13 of the Constitution? Will he or the Minister for Health and Children make a statement regarding a directive to patients in Cork's Mercy Hospital — Deputy Buttimer might listen to this one — that they have to travel to hospital on foot next week or have their appointments cancelled or delayed until June to facilitate the British Queen?

That is out of order. It is a matter for a parliamentary question.

The first question is very important. On promised legislation, and this in order, are there plans to introduce a Supplementary Estimate for the Garda Síochána to cover the huge costs of the security operation surrounding the visit of the British Queen, which involves a huge level of overtime and the implementing of a curfew or the——

How much have you cost them over the years? Is there any assessment of that?

That is not promised legislation.

It could be promised legislation.

It could be, but it has not been promised. There is a big difference.

Is the Deputy suggesting there should be no security? Who is he trying to help with that suggestion?

I do not need any help from the Government benches, thank you. Deputy Ó Snodaigh, you have been a long time around here and you know you are completely out of order. I will try to answer the first important question you raised. I have taken the matter up with the Clerk, who will see to it that we get an answer as to why the compound has been there for the past number of weeks and why no action has been taken while Deputies, Senators and staff are being inconvenienced by the lack of car parking space. Therefore, I have already dealt with that issue. What is the other issue and is it in order?

It is in order. Supplementary Estimates are dealt with here every year. This concerns the Supplementary Estimates for An Garda Síochána, the Department of the Environment, Heritage and Local Government and the OPW, and also concerns all of those businesses that are being told they have to close for part of the duration of the visit of the British Queen. Is there any Supplementary Estimate or any intention to compensate those businesses?

The Deputy should put down a question.

Secondary legislation might be required. In the case of the OPW, like all other bodies, it publishes a plan of action to spend its money a year in advance. If that money or the money for An Garda Síochána is being diverted to spend on something else it must be updated.

Will the Deputy ask for a reply?

That is why we have a Supplementary Estimate to deal with.

Is there a Supplementary Estimate in this regard, Tánaiste?

If any Supplementary Estimate is required it will be introduced although I am not aware any such Estimate is required. There are no plans to interfere with the constitutional rights of Members of the House, who are always expected to comply with the law. I understand Deputy Ó Snodaigh had some issues in regard to that not so long ago.

I complied fully with the law.

In regard to the civil law (miscellaneous provisions) Bill promised by the Tánaiste, would he consider including debt forgiveness as a component, given the comments of the Master of the High Court, Mr. Justice Edmund Honohan? Regarding the raid on the pensions funds, how many Bills are intended to deal with the matter — one or two? There is a back-dated aspect to the pension levy. Will that require separate legislation and, if that is the case, will it cover more than the pensions fund?

When is this Bill due, Tánaiste?

The civil law (miscellaneous provisions) Bill is being drafted, with a view to publication as soon as possible this year. The content of that Bill is a matter for the Minister responsible for its introduction, the Minister for Justice and Equality, Deputy Shatter.

Matters in respect of the temporary pension levy will be contained in the finance Bill, which will be published later this month.

In the course of the past year, the Tánaiste and his party made much of the need to abolish upward-only rent reviews for existing leases. The jobs initiative appears to be silent on that matter. I would be grateful if the Tánaiste would inform the House whether legislation is due on that issue as there are many people who expect him to deliver on it.

The matter of upward-only rent is being considered for inclusion in the Property Services Bill which is already on Committee Stage in the House. The Minister is discussing with the Attorney General the possibility of introducing amendments to the Bill on this Stage.

Given that we cannot seem to get a straight answer——

To a straight question.

——on the cost to the public of the Queen's visit next week, might we at least get an answer on the extent to which the visit may impact the schedule and business of the Dáil? When will we know precisely——

She has not arrived yet.

That is not a matter for here and now.

Can we at least know whether it will affect the business of the Dáil next week?

Dáil sittings will be announced by the Whips.

There are two matters here. The two visits planned, that next week of Queen Elizabeth and that later of President Obama, will be of enormous economic benefit to this country——

Deputies

Hear, hear.

——in terms of tourism and trade, investment and jobs. We must look at the issue in that light. I understand the Whips discussed yesterday the schedule of business for next week and this schedule will be circulated later today.

Catherine will give Deputy Boyd Barrett a copy.

Will the Tánaiste indicate whether the Minister for Health and Children, Deputy James Reilly, will come before the House to address two matters? It transpires that a nurse at the sexual assault treatment unit in Donegal was not registered by An Bord Altranais.

That is not in order and the Deputy knows it.

As a result, there is the potential compromise of important information and evidence in respect of particular cases.

The Deputy knows as well as I do he is totally out of order.

In addition, there is the decision of the HSE to wipe out all the core funding to the Rape Crisis Network.

Have you a question on the Order of Business, Deputy, please?

Untrue. In that case, the matter needs to be addressed. I ask the Tánaiste whether the Minister will come——

Can we have——

These are both very significant matters——

This matter is to be raised on the Adjournment.

I ask only whether the Minister will come to the House and address the matters. He indicated he has something to say on this.

He will say it on the Adjournment.

Will the Tánaiste consult the Minister and will the Minister avail of the earliest opportunity to address these matters in the House?

He will address them on the Adjournment.

The Tánaiste is willing to discuss this.

The Tánaiste cannot go out of order either.

This applies to both sides of the House, with respect to his office. As an independent chairperson, I must ensure that fairness applies.

I never wanted that but I do now.

I cannot allow the Tánaiste to reply to a matter that is out of order.

There are many precedents.

I intend to be in order. This is not an explosive subject like that of yesterday and concerns promised legislation, that promised for years by the previous Government.

We are back to that.

Is that true? The Deputy seems clear about it.

That would be a first.

I am sure there will be universal agreement. In view of the economic situation that prevailed in this country for the past three years arising from breaches in company law, when will the companies consolidation and reform Bill be introduced to the House? Will it be as envisaged or will there be changes between now and its introduction?

When is that Bill to come to the House, Tánaiste?

I understand this is a very large, detailed and complex Bill of consolidation and it is unlikely it will be introduced before next year.

I refer to the civil law (miscellaneous provisions) Bill. In light of the comments yesterday by the Master of the High Court calling on the Government to introduce legislation regarding debt forgiveness for mortgage holders; because the question was already asked but did not receive an answer from the Tánaiste; and because the Minister for Justice and Equality is present in the House, perhaps the Tánaiste might ask him whether the Government will include provisions for debt forgiveness in that Bill.

We dealt with that matter.

I answered a question on that matter.

The Deputy may not have heard the Tánaiste.

With respect, the Tánaiste did not answer the question.

I did. The issue is being worked on——

Perhaps the detail, the sense of it, is what is required.

——for when the legislation will be available. It is a matter for the Minister for Justice and Equality to introduce.

That Minister is present.

There are procedures whereby issues can be raised directly with the Minister for Justice and Equality and I encourage the Deputy to use them.

I note two left-wing Deputies used the phrase "raid on pension funds".

Is the Deputy not left-wing?

They are obviously very concerned about the people who have money in those funds. Will the Tánaiste clarify whether the pension funds that will be the subject of the coming legislation are those for which there were massive tax breaks for very wealthy people over the years?

(Interruptions).

The Labour Party has moved to the right.

A Deputy

They are the bourgeoisie.

(Interruptions).

Perhaps we might settle down.

Pensions before people.

That is out of order.

On legislation only, please.

The answer to the question is "yes". These are the pension funds to which large tax breaks applied. I thank the Deputy for drawing attention to the policy inconsistencies in questions raised by the Deputies opposite.

Do not be embarrassed by your own party.

That will mean no pensioners can expect——

Deputy Ó Cuív, please sit down. Deputy Dooley, please tell Deputy Ó Cuív he is out of order.

I am not the Ceann Comhairle, a Cheann Comhairle. I do not get your salary.

In view of the ongoing privatisation of the health services by the Health Service Executive, with for example, the privatisation of the home help and care assistant services and now the domestic violence and sexual abuse services, is legislation to be introduced in regard to this matter? Will the Tánaiste comment——

Is that on promised legislation?

——on the privatisation of the services in this way?

Legislation is not promised on the privatisation of the health service.

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