It is proposed to take No. 3, Finance Bill (No. 2) 2011 — Second Stage (resumed) and No. 4, Patents (Amendment) Bill 2011 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, or the Order of the Dáil of 29 March 2011, that questions for oral answer set down to the Minister for Community, Equality and Gaeltacht Affairs shall not be taken on Thursday, 26 May 2011 and the sequence established by order of the Dáil of 9 March 2011, and varied by the order of 29 March 2011, shall continue on Tuesday 31 May 2011, with questions to the Minister for Health and Children. In the event of a private notice question being allowed, it shall be taken at 3.30 p.m. for 30 minutes and the Ceann Comhairle shall advise the Dáil of matters under Standing Orders 21(3) at 3.30 p.m., or immediately after any private notice question, as appropriate. Private Members' business will be No. 22, motion re agriculture (resumed), to conclude at 8.30 p.m. if not previously concluded.
Order of Business
Is the proposal for dealing with parliamentary questions agreed to? Agreed.
There is significant discussion at international level today about the call by President Sarkozy to increase the role of the State in the regulation of the Internet. The Taoiseach knows the significant role the digital sector plays in Ireland in job creation and the economy and we both agree it has significant potential to create jobs in the future, so this is a major strategic issue. Given the commitment in the programme for Government on the technology industry, and President Sarkozy's comments, when will the Government bring forward legislation to protect the independence of the Internet from an Irish perspective or will he follow the line taken by President Sarkozy in this regard?
I am aware of the importance of the entire digital area. In fact, today I intend to visit a multinational company dealing with elements of this area. I cannot give the Deputy a definite answer in respect of the nature of legislation to be brought forward but I will revert to the Deputy. I did not have the opportunity to read President Sarkozy's comments about the Internet in detail.
De réir Riar na hOibre tá na ceisteanna chuig an Aire Gaeltachta amárach curtha ar ceal. Is mór an trua é sin. Cén fáth atá leis sin ag tarlú agus cathain a bheidh am againn na hábhair práinneacha a phlé maidir le todhchaí na Gaeilge, an straitéis fiche bliain, Údaras na Gaeltachta agus araile?
Tá a fhios ag an Teachta go bhfuil cead aige, trí a phríomh Aoire, é seo a ardú ag cruinniú na n-Aoirí agus plé a dhéanamh faoi na díospóireachtaí a bheidh ar siúl anseo. Bhí díospóireacht ann cúpla seachtain ó shin maidir le straitéis na Gaeilge. Tá na ceisteanna faoi chúrsaí Gaeltachta chuig an Aire Gaeltachta curtha ar ceal amárach toisc nach cuireadh isteach ach ceist amháin ar chúrsaí Gaeltachta agus gur tarraingíodh siar an cheist sin ag an Teachta a chuir síos í ar dtús. Tá a fhios ag an Teachta go bhfuil na dualgais a bhí ag baint leis an Roinn mar a bhí sí, curtha chuig Roinn nua. Tá na ceisteanna a cuireadh síos nach mbaineann le cúrsaí Gaeltachta curtha chuig na hAirí atá ag baint leis na dualgais sin faoi láthair. Tá a fhios ag an Teachta freisin, ó thaobh cúrsaí dlíthiúil agus bunreachtúil de, go bhfuil an Roinn Gaeltachta ann fós mar a n-ainmníodh é roimhe seo. Beidh sé mar sin go dtí 2 Meitheamh nuair a aistreofar na dualgais chuig an Roinn nua.
I refer to two items of legislation. When will the legislation be introduced to allow administrators and trustees of pension funds to reduce the payments made to people in defined benefit schemes? When will the legislation to establish the NewERA authority be introduced?
Is the Deputy referring to the Finance Bill?
No, separate legislation is promised to enable pension administrators and trustees to reduce payments under defined benefit payment schemes. This has been promised in conjunction with the jobs initiative.
I do not have a date for that legislation but I will revert to the Deputy. As regards the NewERA proposal contained in the programme for Government, work is continuing between the different Departments as to how best to structure that entity and an announcement will be made soon.
The Government has committed in the programme for Government to the establishment of a quasi-judicial board dealing with debt management and that MABS, the Money Advice and Budgeting Agency, would be given these powers. Is legislation promised to deal with private debt management agencies as currently they are operating without regulation? This is of concern to people who find themselves——
Is legislation promised?
No legislation is promised. I invite the Deputy to put together her proposal and it might be considered in the context of the third finance Bill or whatever.
I suggest the Deputy also submits a parliamentary question.
Ba mhaith liom a rá leis an Taoiseach gur chuireadh droch cháil air, mar bhí níos mó ná ceist amháin thíos faoin Ghaeltacht amárach. An bhfuil an Taoiseach ag glacadh leis as seo amach go mbraitheann sé ar líon na gceisteanna a chuirtear síos má thógtar ceisteanna Gaeltachta? Cé a bheidh ag tógáil——
This is completely out of order.
Gabh mo leithscéal. Cé a bheidh ag tógáil——
The Deputy is out of order. We have already dealt with this issue.
Cé a bheidh ag tógáil ceisteanna amárach sa Dáil?
It is on the Order of Business.
Níl sé. Tá Riar na hOibre anseo agam agus níl sé air.
We have already dealt with this matter on the Order of Business. We have approved the Order of Business.
Níl sé ar Riar na hOibre. Cé a bheidh ag déileáil le ceisteanna amárach? Is ceist réasúnach í sin.
It was dealt with under the Order of Business. The Deputy is totally out of order.
Cé a bheidh ag tógáil ceisteanna amárach sa Dáil? Tá sé de cheart ag——
There will be no questions tomorrow as the order stated.
Ní bheidh éinne ag tógáil ceisteanna amárach.
That is correct. It was agreed on the Order of Business.
I dealt with it on the Order of Business. This is a technical point. The position is that one question was tabled in respect of Gaeltacht matters and that question——
Níl sé sin fíor. Bhí——
Sit down, please Deputy.
——was withdrawn.
Níl sin fíor. Tá an Taoiseach ag rá——
Please be seated, Deputy. The Taoiseach is on his feet.
Táim ag glacadh leis gur cuireadh eolas míchruinn ar fáil don Taoiseach——
The new Department——
The Deputy should please be seated.
——nár cuireadh síos ach ceist amháin.
Please be seated. You are out of order.
A Cheann Chomhairle——
You are in opposition now remember.
The Deputy will be leaving the House now shortly if he is not careful. I am not putting up with that sort of disorder from the Deputy. You should know better as you are a senior Member and a former Minister and you should respect the Chair. Please be seated when I am on my feet. I ask the Taoiseach to resume.
A Cheann Chomhairle——
Deputy, please leave the House.
I hope the Ceann Comhairle will be able to explain to me——
A Deputy
Slán leat.
Please leave the House.
I think I am entitled to——
I will name the Deputy if he is not careful.
Tá sé ag gáire fós.
Deputy Ó Cuív withdrew from the Chamber.
I am not putting up with this sort of disorder. This is totally out of order. I try to give everyone a chance and I ask Members to respect the Chair. I am trying to be fair to everyone. The Taoiseach has dealt with this matter on the Order of Business. If Members wish to choose to make an argument I will not allow them do so; it is as simple as that. There are other ways of raising these issues. I call Deputy Troy.
According to the latest figures from the Central Bank, approximately 6.3% or almost 50,000 households are at least 90 days in mortgage arrears.
The Deputy knows we are on the Order of Business.
When does the Government propose bringing forward legislative proposals to help those affected, as promised in the programme for Government?
Is this promised legislation?
Yes, it is promised in the programme for Government.
No, is it promised legislation? We cannot discuss the programme for Government here every morning.
It is promised legislation.
Promised legislation is promised legislation. Is it promised legislation?
The Government is pursuing a range of issues as regards mortgage distress.
Under the legislative programme for summer 2011, the Central Bank (supervision and enforcement) Bill is envisaged to provide for the enhancement of financial regulation, expanding the supervisory and enforcement powers of the Central Bank. Given the unique situation of a currency with multiple central banks, I would be asking that the legislation should come in part from Europe and that it should give us some guidance as to loan to values for mortgage providers. When will this be provided——
Sorry, Deputy, you are not allowed expand; just ask the question.
When will it be published and will guidance be provided?
Yes, this is a requirement under the IMF-EU deal. The heads of the Bill were approved on 10 May and it is expected to be taken this session.
I refer to an item on the Order Paper which I have tabled and which deals with a constitutional amendment to allow for an outright ban on corporate donations. The Taoiseach indicated yesterday that he was not prepared to accept that. Other proposals in the programme for Government relate to amendments to the Constitution such as children's rights and so forth. Given the timeframe is narrowing I ask for clarification. Does the Taoiseach intend to introduce legislation to amend the Constitution in time for a constitutional referendum on the same day as the presidential election?
The Government will publish proposals in this area very shortly. I referred to corporate donations yesterday and the work being done by the Minister for the Environment, Community and Local Government. The Deputy can expect news pretty soon.
What is the timeline as regards legislation relating to amendments to the Constitution as we would need to see them soon if they are to be in time for a constitutional referendum to be held on the same day as the presidential election? The Taoiseach alluded to this before in the House. I seek clarification. Will it happen now or will it not be on the same day?
We are not going to have a debate on the issue.
The Deputy is in a desperate hurry to get rid of corporate donations completely.
No, I am not. The Taoiseach raised it.
The Taoiseach made a virtue of it during the election, but he is doing his damnedest to hold onto them now.
The Taoiseach is a belated convert.
The Minister, Deputy Hogan, is smiling. He can hold the golf classics now that the weather is changing.
The Deputies have had their couple of seconds of fun. Can we hear the Taoiseach's answer?
When is the K Club event this year?
The Minister for the Environment, Community and Local Government is preparing a comprehensive range of proposals in this regard.
I would say he is.
He can do some fundraising in the meantime.
I have already referred to my views on the constitutional referendums that will take place this year.
What about the referendum on children's rights?
I have given my view on the referendums that might be held this year, in conjunction with the presidential election, to the House on a number of occasions.
I want to get clarification on that.
No, we are not having a debate.
On a point of order——
I gave the Deputy a fair——
I accept that. I am not talking about any specific measure.
A time limit of half an hour has been agreed for the Order of Business every Wednesday.
I am trying to be constructive here.
We are exceeding that.
We are trying to be helpful.
If we are to vote on a constitutional amendment on any issue on the day of the presidential election, we will need to know when the legislation will be introduced in the House. Timelines in terms of referendum commissions, etc., will have to be adhered to. That is the information I am trying to seek.
If the Deputy tables a parliamentary question, we will get him the answer.
Will there be any referendum on the day of the presidential election?
We do not intend to breach the relevant procedures.
I have asked that question three times.
Is the Deputy asking whether there will be another referendum on the day of the presidential election?
Yes. I asked that at the beginning.
I have already given my view that there are two priority areas in this respect. We consider that referendums on the issues in question — the Abbeylara judgment and the protection of whistleblowers — should be held on the day of the presidential election. In the first instance, we believe Oireachtas committees should be able to compel witnesses to come before them. The Attorney General is proceeding with the drafting of legislation to that effect. In the second instance, we believe whistleblowers who bring important information to the notice of people should be fully protected. We consider that referendums on these two priority areas should be held on the same day as the presidential election.
What about the referendum on children's rights?
That will not happen on the day of the presidential election.
Fine. I thank the Taoiseach.
The Taoiseach is aware that the first sitting of the new Seanad will take place today. As a former Senator, I wish the Members of the new Seanad well. The programme for Government contains a commitment to hold a referendum on the abolition of the Seanad.
The Deputy is only out the door of the Seanad and he is trying to pull it down.
I wonder if the Taoiseach can tell us how legislation in that respect is progressing. When does the Government expect to hold a referendum on the abolition of the Seanad?
We were told it would be done in the first year of this Dáil.
In the first 100 days.
I said it would happen within 12 months of the Government taking office. We are nearing the conclusion of the process of drawing up proposals for the establishment of a constitutional convention. The issue raised by Deputy Hannigan will be considered at that forum. I intend to have a referendum on the matter in 2012.
When does the Taoiseach envisage that legislation will be published to provide for the abolition of prescription charges? The Minister, Deputy Reilly, has announced on numerous occasions that he intends to abolish prescription charges. We have now found he has delayed that. Will it happen in the next 40 days or so? The Government's first 100 days are almost up.
We will try to get the Deputy an answer.
This is a key issue.
I appreciate that.
We have now found——
No, we cannot have a discussion on it. We know what the Deputy is looking for.
I genuinely believe——
We will get you an answer in a minute.
The Minister for Health should outline why legislation has not yet been published. There are just 40 days left in the Government's 100-day window for the abolition of these charges.
The reason the legislation has not been published is that we are operating within the IMF-EU deal.
Did the Taoiseach not know that before 25 February last?
The Deputy should listen.
Deputy Kelleher and his colleagues know all about the deal.
Did they not negotiate it?
Some serious legislation will have to be drafted and enacted in accordance with a strict timeline and in the context of the IMF-EU deal. Deputy Kelleher seems to have the impression that we will deal with every legislative matter in our first 100 days in office.
That is what we were told before 25 February.
Moses had to strike the rock twice before he got water from it.
There has been a complete turnaround.
I would like to raise two issues. First, what will happen if the constitutional convention mentioned by the Taoiseach recommends that the Seanad be reformed? In such circumstances, will legislation be introduced to reform the Seanad? Second, we have waited a long time for the establishment of the Oireachtas committees. If we are to exercise our role as Deputies properly, we need the committees to be established and to be meeting. When will they be established? When will they start meeting?
The second question is in order.
I expect the Oireachtas committees to be in operation by next week. The Deputy will have an opportunity to play a full part in them.
During the recent general election campaign, Fine Gael and the Labour Party emphasised their intention to abolish upward-only rent reviews for existing leases. A commitment to that effect is contained in the programme for Government. When does the Government propose to bring legislation in this regard to the House? Many people bought into what Fine Gael and the Labour Party were saying.
When is the legislation due?
They are wondering where the legislation is.
The Taoiseach has been asked about promised legislation.
That will be done by means of the Property Services (Regulation) Bill 2009, which is awaiting Committee Stage at the moment.
Does the Government intend to propose an amendment to the Bill?
Yes. The Bill will be amended.
Will it be retrospective?
Watch the creamery cheque.
I would like to refer to an important section of the programme for Government that has received little attention and has not been prioritised. I was extremely disappointed that social enterprise, which has the potential to deliver thousands of jobs, was not mentioned in the recent jobs initiative.
The Deputy should ask a question about promised legislation.
What steps does the Government intend to take to roll out the section of the programme for Government dealing with social enterprise and to realise its job creation potential?
The Minister for Enterprise, Jobs and Innovation is actively working on this element of the programme for Government. As the Deputy is aware, the programme for Government will be implemented over the lifetime of the Government. I share the Deputy's views on the potential for job creation in this regard. The Minister will make his intentions known as quickly as he can.
I remind Members that it is in order to raise aspects of the programme for Government only if they have been elevated to the status of promised legislation.
That is the problem.
In other words, we cannot go through five years of promised legislation.
These things have been promised, a Cheann Comhairle.
No, sorry. I am telling Deputies what is in order in accordance with Standing Orders. It is in order to ask about parts of the programme for Government that have been elevated to the legislative programme.
The programme for Government was——
I am only making the point.
I understand that the public service pensions Bill, which will introduce a single pension scheme for new entrants to the public service, has been promised in this session. Can the Taoiseach say when the Government intends to introduce the Bill?
I expect it to be published in this session.
Can the Taoiseach clarify the position regarding a person who has paid into a contributory pension, but is in tax arrears when he or she reaches the age at which he or she is entitled to the old age pension?
Sorry, the Deputy is totally out of order.
Is there promised legislation or intended legislation in this regard?
The Deputy can ask about promised legislation, but not about intended legislation.
Is it intended to promise the legislation?
Can the Taoiseach clarify whether——
No, he cannot clarify.
——the Department is within its rights——
This is not Question Time.
——to refuse a person an old age pension——
If the Deputy tables a parliamentary question, he will get an answer.
——into which he or she has paid——
Sorry Deputy, you are out of order.
——simply because he or she is in tax arrears?
The Taoiseach cannot answer the Deputy's question.
If the Department is within its rights to do so, does the Taoiseach intend to introduce legislation to correct that anomaly?
Deputies should ask about promised legislation only. Is legislation promised in this regard?
No such legislation is promised. I suggest the Deputy should table a parliamentary question——
Exactly.
——to the Minister for Social Protection and include the details of the case to which he refers.
I have tabled questions, but I cannot get answers.
We will get you an answer.
I have tried to raise the matter on the Adjournment, but I have not been selected.
The position on contributory pensions is fairly clear.
Exactly. The Deputy knows that as well as I do. Fair play to him for trying anyway.
The Minister, Deputy Burton, will sort it out.
I would like to ask about important legislation that is promised to strengthen the powers of the Criminal Assets Bureau with regard to the forfeiture of the proceeds of crime. Everyone will agree that such a Bill would be timely. Similarly, I would like to ask about the Bill that will consolidate all the legislation currently cited as the Prevention of Corruption Acts 1889-2005 in a single statute. I refer to items Nos. 85 and 86 on the Government legislative programme. Is it intended to expedite their process through the Oireachtas?
When are they due?
Perhaps they can be elevated to section B, rather than section C, of the Government legislative programme.
I think the Taoiseach has made that position clear.
One of these Bills will deal with the proceeds of crime and the other will deal with criminal justice. I do not have a date for either Bill.
Can the Taoiseach tells us when he intends to publish legislation that will levy the household utility charge across all households in Ireland? Can he confirm that the Government intends to introduce a licensing regime for one-off or single houses that rely on septic tanks for effluent disposal?
Is this promised legislation?
Does the Government intend to publish legislation to provide for such a licensing regime?
The septic tanks issue will be dealt with as part of the water services (amendment) Bill, the heads of which were cleared on 10 May last. Work is proceeding on the legislation. I cannot give the Deputy any detailed dates in that regard. We will bring it to the House when the work has been completed.
When does the Taoiseach think it will be introduced?
Sorry, Deputy——
My first question was on the proposed household utility charge. When will legislation be published on the charge?
Is the Deputy referring to water charges?
Yes.
Does he agree with them?
The Department of the Environment, Community and Local Government has been developing proposals for a programme of water metering and the introduction of water charges following commitments given in the EU-IMF programme for financial support and the decision taken by the previous Government. This work is still under consideration.
The Taoiseach referred to water metering. A proposal has been made to introduce a utility charge before water charges are introduced. What is the position in that regard?
We will not have a discussion on the matter. I ask Deputy Collins to resume his seat.
On the promise made by the Minister for Finance when the House discussed the recapitalisation of the four covered institutions, the Minister indicated that a further assessment of the capital requirement for Anglo Irish Bank and Irish Nationwide would be made available in May. With the end of May approaching, when will the results of the assessment of the results of the stress tests into the two banks in question be made available to the House? Will a debate on the taxpayers' money the Government intends to inject into these defunct institutions be scheduled for next week given that we are about to enter a new month?
The first thing we should do is wait until we have the results of the stress analysis. We will then be in a position to discuss the matter further. Obviously, if the assessment had been produced by now, it would have been made available to the House.
Will the deadline of May, set for completion of the stress test on Anglo Irish Bank, be missed?
The Deputy's question is not in order.
It relates to the scheduling of business for next week.
It is not in order. We do not discuss next week's business on the Order of Business.
Yes, we do. I have here the relevant rulings which state we may refer to business promised, sittings, legislation——
Business promised.
The matter I raise is business promised.
What business?
The Minister for Finance promised that an assessment would be done of both institutions by the end of May.
That is not business promised in the House.
The Minister promised it in the House on the day in question.
He did not promise a debate in the House.
We are about to inject billions of euro of taxpayers' money into Anglo Irish Bank and Irish Nationwide. The Minister promised he would have the relevant figures by May and I am asking if we will miss that deadline and whether the House will not have the debate it should have next week on the further recapitalisation.
That is a matter for a parliamentary question. I ask the Taoiseach whether a debate will be held next week.
Debates, as the Ceann Comhairle knows, are a matter for the Whips' meetings to decide. Deputy Doherty and his party are perfectly entitled to raise a request for a debate when the information becomes available. I do not have the figures as of this morning.
Does Deputy Higgins have a question?
Yes, I have been trying for some time to ask a question.
I am sorry I did not see the Deputy. When I asked him earlier he did not indicate.
I appreciate that. I do not have a dispute with the Ceann Comhairle today.
The Taoiseach is not up to speed with the legislative programme of his Ministers. Three weeks ago the Minister for the Environment, Community and Local Government, who is admittedly the Machiavelli of the Government with whom the Taoiseach will have a job keeping up, stated——
I ask the Deputy to get on with it.
——that water charges or a property tax would not be introduced next year.
We are not having a debate.
However, he promised a new household utility charge on a flat rate. When will the legislation giving effect to this charge be brought before the House? Is the Labour Party happy with the charge?
Given that the Taoiseach did not answer my question on the issue, perhaps the Ceann Comhairle will allow him to answer Deputy Higgins's question.
Is legislation promised?
The Department of the Environment, Community and Local Government is pursuing the development of the proposal for water metering and water charges in accordance with the IMF-EU deal. That work is proceeding and the Minister will keep the Deputy informed as he makes his decisions.
The Taoiseach did not answer the question.
With respect, a Cheann Comhairle——
With the greatest respect, while I understand what the Deputy is trying to get at, the matter is one for a parliamentary question. Legislation is not promised.
I am sorry to disagree with the Ceann Comhairle. Three weeks ago, the Minister stood opposite and promised the House that a charge would be introduced. The Taoiseach must tell us when it will be introduced.
The Taoiseach told the Deputy a date has not been set.
As usual, he blamed us for it.
He did not even refer to the charge but raised something else that has been set aside.
He told the Deputy about an examination. I ask the Taoiseach to read out his statement again as Deputies may not have clearly understood it.
The Department of the Environment, Community and Local Government is developing proposals on a programme of water metering and the introduction of domestic water charges following commitments given in the EU-IMF programme for financial support and the decision taken by the previous Government.
The Taoiseach did not reply to the question.
The programme and considerations are being developed by the Minister who will keep Deputy Higgins and every other Deputy informed as he proceeds with that work.
That is the end of the debate on the issue.
Before moving on to questions, I propose to pay a brief tribute to Mr. Victor Loughman, an usher on the Superintendent's staff, who retired yesterday after 22 years' service to the House. For those who have been here over the years, Victor was exemplary in the performance of his duties, courteous in his dealings with Deputies and visitors to the House and a role model for those who enter public service. I wish him and all the members of his family every continued success and thank him for his years of public service to the country.
I wish Victor a healthy and happy retirement and thank him for his courtesy, understanding and assistance through the years. He personified the very high standards of the personnel of the House, both in their facilitation of Members and interaction with the general public.
While I have only been a Deputy for a short while, all of the staff have been very welcoming, professional and competent. I wish Victor and his family well.
On behalf of the Labour Party, I wish Victor a happy and active retirement. The ushers of the House are very important for Members, particularly for new Deputies for whom there is not a book available on how to be a Teachta Dála and who rely on the guidance of the ushers, particularly individuals such as Victor. I wish him and his family well and I wish him a long, happy and active retirement.
On behalf of other Members of the House, I join the party leaders in wishing Victor and his family well and Victor many years of happy retirement. I thank him also for his many years of service.