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Dáil Éireann debate -
Thursday, 16 Jun 2011

Vol. 735 No. 3

Order of Business

It is proposed to take No. a9, motion re discharge of orders and referral of Bills to select committees; and No. 13, Social Welfare and Pensions Bill 2011 — Committee Stage (resumed) and Remaining Stages. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. and business shall be interrupted on the conclusion of Question Time, which shall be taken for 75 minutes on the conclusion of No. 29, and in the event of a private notice question being allowed, it shall be taken after 45 minutes, and the order shall not resume thereafter; and No. a9 shall be decided without debate; the resumed Committee and Remaining Stages of No. 13 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 1.30 p.m. by one question which shall be put from the Chair and which shall, in regard to amendments, include only those set down or accepted by the Minister for Social Protection. Private Members’ business shall be No. 29, motion re water and sewerage services, to be taken on the conclusion of No. 13 and it shall, if not previously concluded, be brought to a conclusion after three hours.

There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 4.45 p.m. agreed to? Agreed. Is the proposal for dealing with No. a9, motion re discharge of orders and referral of Bills to select committees without debate agreed to? Agreed. Is the proposal for dealing with No. 13, Committee and Remaining Stages of the Social Welfare and Pensions Bill 2011, agreed to?

It is not agreed. I fundamentally oppose guillotines and the progress made on this Bill last night suggests there is no need for a guillotine for the taking of remaining amendments on the Social Welfare and Pensions Bill, or the taking of a Report Stage. Many matters have been teased out and most of what is remaining in the Bill is not contentious, although the Bill itself is. It is wrong at this stage to enforce a guillotine on a Bill which is quite controversial but which has far-reaching consequences for workers and pensioners. I urge the Government not to impose a guillotine and to allow people, if they so wish, to take part in the remaining debate. We can progress to Report Stage at a later time.

I also oppose this as I cannot understand why the Government will not give whatever time is required to debate this issue in detail in the House. This is a very important Bill that affects people's lives. The Government gave an undertaking there would be no guillotines and there are plenty of sitting days left until the end of the term.

There are plenty of Saturdays.

It should be debated in full and when it is concluded the Bill can be referred to the other House. An undertaking was given by the Government that Bills such as this would not be guillotined and there is no justification for such a guillotine. There is quite a good chance that if there was no guillotine, the matter would finish one way or another today.

So much for Dáil reform.

I call Deputy Joe Higgins on behalf of the Socialist Party.

Is it the Technical Group?

I am obliged to say that because only leaders of parties are entitled to comment on the matter.

Is that from Deputy Stagg?

I am not a leader.

I will leave that to the Deputy.

(Interruptions).

I am privileged to speak on behalf of the Socialist Party and colleagues in the United Left Alliance.

The Deputy is following the sheep.

The Government promised us there would be virtually no curtailment of debate and no guillotines but the guillotine is now a weekly reality, cutting short debate. There should not be a guillotine on the Social Welfare and Pensions Bill so that Government backbenchers can have the opportunity to come into this Dáil to explain why they have been trooping in to support the absolutely reactionary measure of smashing the rights of workers to retire at 65.

Is this relevant to the Order of Business?

Workers now under 50 are being condemned——

Deputy Buttimer should listen to the points.

——to stay at work until they are 68.

There is no need to expand into the content of the Bill.

I am explaining, as I am entitled to under Standing Orders, why the measure should be opposed. The Minister for Social Protection is rapidly becoming a misnomer as she is proposing the opposite of social protection. She was a forlorn figure in the Dáil without a single backbencher, particularly from her own party, to support her.

That is not right. We were here.

We were sitting here.

The Deputy was not even here himself.

We are talking about a lack of time but we are now wasting time.

Deputies

Hear, hear.

He is definitely not a leader now.

Two or three of them mustered the courage to come in not to defend the reactionary measures but to mutter some words about an internship which they thought they might be safe in doing. Otherwise they were not seen. They should have the opportunity on Report Stage to explain why workers will be forced to work until they are almost 70 while they are bailing out the European bankers and speculators. Come in and do that.

I call Deputy Boyd Barrett on behalf of the People Before Profit Alliance.

Who is the leader?

We do not have leaders.

Will the other 15 leaders stand up?

I am opposing the proposal on the basis that when the same proposal to raise the pension age was proposed by the Slovenian Government the people of that country demanded a referendum, such was the seriousness of forcing people to work longer and harder for less. The people of Slovenia got their referendum on the matter and they said "No". The Government will not give us a referendum. It will not even give us a proper debate because it is cutting our time short and it appears as if democracy is being fundamentally undermined at the diktat of the IMF and the EU.

Thank you, Deputy.

On that basis I oppose the proposal and I appeal to the Government to stop kowtowing to the IMF and the EU and allow for a democratic debate on a very serious matter which attacks the basic rights and entitlements won by working people in this country.

I am putting the question.

The Tánaiste may want to reply.

I apologise, he wants to reply. I was merely trying to save time.

I will keep it short in that case. There has already been a lengthy debate on this Bill. Discussion lasted until 10 p.m. last night and the Minister for Social Protection was in the Chamber continuously from 2.30 p.m. until 10 p.m. without a break.

Fair play to her. Huge effort.

Deputy Ó Snodaigh rightly anticipates that the business will be concluded by 1.30 p.m. in any event if there is co-operation on all sides. A deadline has to be met because the Government has given a commitment that the reversal to the cut in the national minimum wage will be introduced on 1 July.

Is Deputy Higgins against that?

The JLCs will be the following week.

Order, please.

Bearing in mind that the Bill also has to go to the Seanad, it is not unreasonable to conclude debate in this House today unless some Members opposite are suggesting we should delay reversing the cut in the minimum wage.

Question put.
The Dáil divided: Tá, 83; Níl, 36.

  • Barry, Tom.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Burton, Joan.
  • Butler, Ray.
  • Buttimer, Jerry.
  • Byrne, Catherine.
  • Byrne, Eric.
  • Cannon, Ciarán.
  • Carey, Joe.
  • Coffey, Paudie.
  • Conaghan, Michael.
  • Connaughton, Paul J.
  • Conway, Ciara.
  • Corcoran Kennedy, Marcella.
  • Costello, Joe.
  • Coveney, Simon.
  • Creighton, Lucinda.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Deering, Pat.
  • Doherty, Regina.
  • Donohoe, Paschal.
  • Dowds, Robert.
  • Durkan, Bernard J.
  • Feighan, Frank.
  • Ferris, Anne.
  • Fitzpatrick, Peter.
  • Flanagan, Charles.
  • Flanagan, Terence.
  • Gilmore, Eamon.
  • Griffin, Brendan.
  • Hannigan, Dominic.
  • Harrington, Noel.
  • Harris, Simon.
  • Hayes, Brian.
  • Heydon, Martin.
  • Howlin, Brendan.
  • Humphreys, Kevin.
  • Keating, Derek.
  • Keaveney, Colm.
  • Kehoe, Paul.
  • Kelly, Alan.
  • Kenny, Seán.
  • Kyne, Seán.
  • Lawlor, Anthony.
  • Lynch, Ciarán.
  • Lynch, Kathleen.
  • Lyons, John.
  • McCarthy, Michael.
  • McFadden, Nicky.
  • McGinley, Dinny.
  • McHugh, Joe.
  • McLoughlin, Tony.
  • McNamara, Michael.
  • Maloney, Eamonn.
  • Mathews, Peter.
  • Mulherin, Michelle.
  • Murphy, Dara.
  • Murphy, Eoghan.
  • Nash, Gerald.
  • Naughten, Denis.
  • Neville, Dan.
  • Nolan, Derek.
  • Ó Ríordáin, Aodhán.
  • O’Donnell, Kieran.
  • O’Donovan, Patrick.
  • O’Dowd, Fergus.
  • O’Mahony, John.
  • O’Reilly, Joe.
  • Phelan, Ann.
  • Rabbitte, Pat.
  • Ring, Michael.
  • Ryan, Brendan.
  • Shortall, Róisín.
  • Spring, Arthur.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Tuffy, Joanna.
  • Twomey, Liam.
  • Wall, Jack.
  • White, Alex.

Níl

  • Boyd Barrett, Richard.
  • Calleary, Dara.
  • Collins, Joan.
  • Collins, Niall.
  • Colreavy, Michael.
  • Cowen, Barry.
  • Daly, Clare.
  • Doherty, Pearse.
  • Donnelly, Stephen.
  • Ellis, Dessie.
  • Ferris, Martin.
  • Flanagan, Luke ‘Ming’.
  • Fleming, Tom.
  • Halligan, John.
  • Healy, Seamus.
  • Healy-Rae, Michael.
  • Higgins, Joe.
  • Kelleher, Billy.
  • Kirk, Seamus.
  • Kitt, Michael P.
  • Mac Lochlainn, Pádraig.
  • McConalogue, Charlie.
  • McDonald, Mary Lou.
  • McGrath, Finian.
  • McLellan, Sandra.
  • Murphy, Catherine.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • Ó Snodaigh, Aengus.
  • O’Brien, Jonathan.
  • Pringle, Thomas.
  • Ross, Shane.
  • Smith, Brendan.
  • Stanley, Brian.
  • Tóibín, Peadar.
  • Wallace, Mick.
Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Seán Ó Fearghaíl.
Question declared carried.

Order, please. Time is precious. Will Members stop speaking in the Chamber? We want to get on with business. People are complaining that there is not enough time.

It is 100 days in Government for the Tánaiste. I am sure he has found out in the 100 days that whatever about it being Frankfurt's way it is certainly Fine Gael's way in Government.

I thank Deputy Ó Cuív for bringing it to our attention but we all know it.

Does the Ceann Comhairle mean that we all know about the 100 days or that it is Fine Gael's way?

It is 101 days now to be exact.

Could we deal with the Order of Business and promised legislation?

Fianna Fáil is in opposition at last.

It is called neutering legislation.

On the ordering of the House, there is huge concern at the rumours and leaks about small hospitals and the mixed signals being given.

We are not dealing with leaks and small hospitals at the moment. We are dealing with promised legislation.

Absolutely. To allay people's fears, will the Tánaiste facilitate a debate in the House next week on the future of services in small hospitals so that people know the truth about what the Government is proposing in that regard and——

I thank the Deputy.

——that we know whether the commitments given by Fine Gael and Labour backbenchers will be honoured——

That is out of order.

——or whether this will be another serious U-turn on Government policy?

(Interruptions).

That is a matter for the Whips to agree.

It is 100 days without a job.

A Deputy

Fifteen years of destruction.

I thank Deputy Ó Cuív for his acknowledgement——

——and congratulations on the achievements of the Government in its first 100 days. I am sure he will have noticed that, unlike during the 14 years in which he served in office, the Government spent its first 100 days here working——

Deputies

Hear, hear.

——and not on holidays, as had been the practice in the past.

The Tánaiste was in Tanzania last week.

With a big green tie on him.

The man from Dar es Salaam.

We have done a considerable amount in that 100 days to reverse a lot of the damage the previous Government did in its term of office.

Deputies

Hear, hear.

With regard to the issue the Deputy raised about small hospitals, I remind the Deputy that his party has Private Members' time next week and it is a matter for himself, if he considers the issue sufficiently important, to make it the subject of Private Members' time.

We will certainly consider that very seriously.

I note the announcement of the Minister for Finance that burden-sharing is to be imposed on senior bondholders in Anglo Irish Bank and Irish Nationwide. I hope this marks a realisation in Government that senior bondholders must be dealt with rather than a stunt to mark its 100th day in office. When will the legislation required for such burden-sharing be brought before the House, given that the Credit Institutions (Stabilisation) Act 2010 does not provide for it?

Furthermore, I ask the Tánaiste to give an assurance to the House that the Government will stand up for Irish interests irrespective of the position taken by the ECB——

On promised legislation, please.

——and to assure the House that the burden-sharing imposed will be substantial and that it will extend beyond Anglo Irish Bank and Irish Nationwide to all the covered institutions. On this, the Government's 100th day in office, I hope its efforts in respect of burden-sharing——

Sorry, Deputy; you are out of order.

——will meet with much greater success——

The Deputy's party Whip is seeking extra time for the Social Welfare and Pensions Bill.

——than its failed attempts to obtain a reduced interest rate on the IMF-EU deal.

I ask Deputies to stay in order. There are people who want to deal with the Social Welfare and Pensions Bill and we have until 1.30 p.m. to do so.

The Minister for Finance yesterday expressed the Government's position, on which we have been absolutely consistent, which is that the burden on the Irish taxpayer for losses incurred by the banks must be minimised. The Minister has reiterated the Government position on burden-sharing for senior bondholders in Anglo Irish Bank and Irish Nationwide, and he has made it clear that this will be discussed with the ECB and particularly with the Commission. The question of the legislation required to implement it will be dealt with following those discussions.

I have a question about promised legislation. During the term of the last Government, it promised on numerous occasions to protect the rights of people with intellectual disabilities in long-term institutions through the mental capacity Bill. The publication of this Bill has been promised, including in the House. When will see this Bill, which will facilitate the Government's adoption of the UN Convention on the Rights of Persons with Disabilities? I believe there will be a further exposé this evening on the treatment of people with intellectual disabilities. I ask the Government to prioritise the legislation.

The Government is anxious to introduce this Bill to the House. It is intended to do so later this year.

The Minister for public expenditure is quoted this morning as having threatened public sector workers with a continuation of the pay cuts that have been imposed. This is apparently their reward for achieving €600 million in savings.

Can the Tánaiste tell us when that Minister will be accountable to the Dáil? When will he come in here and answer questions on this and other serious issues?

That is not in order under the Order of Business.

Because it is not promised legislation.

It is to do with the ordering of business in the Dáil.

No. That is a matter for the Whips. The Deputy has a Whip beside him who is called Deputy Catherine Murphy.

That is correct.

A very good Whip, too.

No. I am sorry, a Cheann Comhairle. It has to do with the ordering of business in the Dáil——

Yes, which we do not discuss in the Chamber.

——which is entirely in order under Standing Orders.

We discuss it among the Whips and they arrange it.

Deputy Murphy should whip him into shape.

That is how business is done, Deputy. It is done between the Whips.

He is not used to Whips.

If it is promised legislation or a promised debate, the Deputy may ask when that debate is due, if it has been agreed to. Asking for a debate must be done through the Whips. That is the procedure.

We have been promised that the Minister for public expenditure will be accountable. When will it happen?

The Ministers and Secretaries (Amendment) Bill is before the Dáil. Committee and Report Stages are intended to be taken next Thursday.

I welcome the passing of the Criminal Justice (Female Genital Mutilation) Bill in the Seanad yesterday. Before I ask a question, I take this opportunity to commend my colleague Senator Ivana Bacik for introducing this Bill on behalf of the thousands of women and girls who have had to undergo such a monstrous procedure. Can the Tánaiste tell us when this Bill will be coming before the Dáil, in order to give us a chance to debate it and make sure the legislation is enacted as soon as possible?

It is listed for Second Stage in the Dáil. If there were agreement across the House among the Whips, the Government would be minded to introduce it to the Dáil as early as possible, but there would need to be co-operation.

When will the Communications Regulation (Postal Services) Bill be on the agenda? I asked this question two weeks ago. I know the committees are being set up next week. There is interest in this, particularly from the Communications Workers' Union.

I understand that Bill will go before the relevant committee of the House. Now that the committees have been established, it is a matter for the committee to schedule a date and time for Committee Stage.

That is what the Tánaiste said the last time I asked. Is there a date?

When the Deputy raised this on the last occasion, the committees had not been established. They are now established, and it is a matter for the committee to set the date for dealing with the Bill. The Deputy can be sure the Minister will be agreeable to facilitating early consideration of the Bill by the committee.

Does the Government have plans to introduce an amendment to the Social Welfare and Pensions Bill, or introduce another social welfare Bill, to restrict payments to single mothers or fathers? Are any changes planned in this regard?

The Social Welfare and Pensions Bill is before the House today.

We hope to have it in a few minutes.

Other than the amendments tabled by the Minister for Social Protection already, I am not aware of any others.

Deputy Costello.

The issue has been dealt with.

Thank you, Deputy.

I have two questions about promised legislation. With regard to burden-sharing by senior bondholders, yesterday the Fianna Fáil Party was briefing heavily on RTE and so on that legislation had been passed to impose losses on senior bondholders. We know that is not the case, because my amendments to the Bill last December were not accepted. Is it the intention of this Government to introduce legislation to impose losses on senior bondholders, or is the legislative programme being dictated by the EU and ECB? Can we have a statement of intent? Does the Tánaiste not believe such enabling legislation passed by the House would strengthen the Government's hand?

Is this promised legislation?

It is promised legislation in the programme for Government, and it has also been promised outside the House.

Does legislation need to be passed by this House to give effect to the commitment in the programme for Government to ensure the pension entitlement for retiring Deputies will not begin until they reach the national retirement age? As the Minister is well aware, TDs elected before 2004 who retire at this stage can get their pensions at the age of 50. The commitment is to extend that age so no political pensions can be obtained until the national retirement age.

Is there promised legislation?

Is legislation required to give effect to that commitment, which is in the programme for Government?

The Government is advised by the Attorney General as to whether legislation is required in respect of any particular measure. In respect of the two matters raised by Deputy Pearse Doherty, the Government will rely on the Attorney General's advice.

The Environment (Miscellaneous Provisions) Bill 2011 will restore the bilingual name of Dingle-Daingean Uí Chúis. When will the Bill be brought before the House?

Someone should tell Senator Tom Sheahan about that.

The Environment (Miscellaneous Provisions) Bill is on Committee Stage. It is a matter for the relevant select committee to set a date for dealing with it.

We were promised legislation to establish a strategic investment bank. The Tánaiste will agree small and medium-sized businesses are screaming for a bank open to lending. When will the legislation establishing such a bank be introduced?

When the Government has completed its consideration of that matter, any legislation required will be prepared.

It is under consideration then.

The Tánaiste has acknowledged the committee system will begin operating soon. The Government has given a commitment to establish a fiscal policy council. When will the fiscal responsibility Bill be published?

The establishment of a fiscal council is under consideration by the Government. Again, when this consideration is completed, the measure will be brought before the House.

Is legislation on social housing promised? Reports this morning suggest that affordable housing is to come to an end with the Government in favour of the renting rather than the purchase of houses in affordable housing schemes.

The Minister of State at the Department of the Environment, Community and Local Government with responsibility for housing and planning, Deputy Willie Penrose, will publish the Government's housing strategy statement today.

Will it be possible to have a debate on this issue in the House?

Yes, we will consider requests for a debate on it. This is a matter that can be discussed by the Whips.

The Government has committed to having a referendum on whistleblower legislation in October. Considering the Technical Group has legislation on whistleblowers on the Order Paper, will the Tánaiste consider giving it time, particularly as it does not require a constitutional referendum? There seems to be a strong lobby against whistleblowers, including the Department of Finance and IBEC. It might be good to get a debate on the matter early and urgently.

Is it a Private Members' Bill?

The Bill can be taken in Private Members' time. The Government intends to have a referendum on whistleblower legislation in conjunction with the presidential election in October. It will be a number of constitutional amendments that the Government intends to bring forward. I am sure Deputy Shane Ross will welcome such a move.

A man is facing a possible jail sentence——

Oh my God, please no.

(Interruptions).

——for displaying his national flag, the tricolour, on his taxi.

No, we do not deal with such matters here.

It is about promised legislation.

Now we are fine.

This is an absolute waste of Garda time and resources and taxpayers' money. It is scandalous.

Which is scandalous?

Is any legislation planned to protect a person's right to display the national flag? It so happens that the court case in question falls on 4 July — US independence day. If it were an American flag that was displayed on the taxi, we would be the laughing stock of Europe.

Deputy Ellis has had his say. Is there promised legislation about flying flags?

No, there is not. However, now that the Deputy has mentioned it, it has often crossed my mind that we do need some ground rules about the appropriate and non-partisan use of the national flag.

Deputies

Hear, hear.

We should thank Deputy Ellis for flagging the issue.

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