Dáil Éireann debate -
Wednesday, 22 Jun 2011

Vol. 736 No. 2

Order of Business

The Taoiseach

It is proposed to take No. 15, motion re presentation and circulation of Revised Estimates 2011; No. 18, statements on pre-European Council meeting on 23 and 24 June; and No. 6, Finance (No. 3) Bill 2011 — Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; No. 15 shall be decided without debate and any division demanded thereon shall be taken forthwith; the proceedings on No. 18 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: the statements shall be confined to the Taoiseach and the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order and who may share their time which shall not exceed 15 minutes in each case, and a Minister or a Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; and the proceedings on Second Stage of No. 6 shall, if not previously concluded, be brought to a conclusion at 10 p.m. Private Members' business shall be No. 27, motion re remuneration (resumed), to conclude at 8.30 p.m., if not previously concluded.

An Ceann Comhairle

There are four proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed to? Agreed. Is the proposal for dealing with No. 15, motion re presentation and circulation of Revised Estimates 2011, without debate agreed to? Agreed. Is the proposal for dealing with No. 18, statements on pre-European Council meeting on 23 and 24 June, agreed to?

Deputy Gerry Adams

I note that there will be statements on the forthcoming European Council meeting. Can time be provided next week for a full report on the meeting, including for a debate on the outcome?

An Ceann Comhairle

That would be the normal practice.

Deputy Dara Calleary

The Deputy is new.

Deputy Caoimhghín Ó Caoláin

May we seek confirmation?

An Ceann Comhairle

It is a matter for the Whips to agree on it.

Deputy Gerry Adams

We are looking to the Taoiseach to provide confirmation.

The Taoiseach

This is the first occasion on which any Government has provided an opportunity for Members to have their say before the holding of such a Council meeting. I know the time before the meeting is relatively short, but it is important. We are committed to providing such an opportunity and I want to see it happen. As is normal, there will be an opportunity for Deputy Gerry Adams and others to contribute next week when we discuss the outcome of this week's Council meeting.

Deputy Gerry Adams

Go raibh maith agat.

An Ceann Comhairle

Is the proposal for dealing with No. 6, Finance (No. 3) Bill 2011, agreed to?

Deputy Micheál Martin

No, it is not agreed.

Deputy Joe Higgins

Every single week there are one or two proposals which involve the discussion on Bills being guillotined. This is from parties which promised that there would not be a repetition of what previous Dáileanna had to endure at the hands of a Fianna Fáil-led Government. This a non-controversial measure. The vast majority of Members will support the Bill and welcome what it contains, but I object to the use of a guillotine. What will happen when there is more pressure in dealing with other legislation and issues which will need far more time to be debated? I am signalling my objection to this approach.

Deputy Gerry Adams

Sinn Féin agrees with Deputy Joe Higgins. We also object to the use of the guillotine.

The Taoiseach

There is no objection to this short Bill. It is a tidying up measure which extends the same tax and pension rights to those in civil partnerships. I am not sure what Deputies will gain by continuing to talk about it when everybody agrees it should be done. That is all that is involved. The Bill is straightforward.

Deputy Ruairí Quinn

We want to deliver it.

The Taoiseach

It is non-contentious. Perhaps the Deputy might say whether he objects to it.

Deputy Bernard J. Durkan

Come on Joe.

Question, "That the proposal for dealing with No. 6, Finance (No. 3) Bill 2011, be agreed to," put and declared carried.

An Ceann Comhairle

We now proceed to legislative items on the Order of Business.

Deputy Micheál Martin

Three weeks ago the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, outlined his legislative proposals in respect of political donations. When the Fianna Fáil Bill was voted down by the Government parties in April——

Deputy Pat Rabbitte

This is unbelievable.

Deputy Micheál Martin

——the Taoiseach said the Government's Bill would be published within weeks and enacted before the recess. It is now absolutely clear that it will not be enacted in the next few weeks. Perhaps, therefore, the Taoiseach might clarify the matter. He said legislation to restrict personal donations and place a ban on corporate donations would be in force for all candidates and in respect of all fund-raising activities by parties for the presidential election. Will he confirm that this commitment is no more and that the existing donation rules will operate in respect of the Presidential election?

An Ceann Comhairle

We are not dealing with the contents of legislation.

Deputy Micheál Martin

When will the legislation be brought before the House?

An Ceann Comhairle

That question is in order, but not the one dealing with the contents of the legislation.

Deputy Dara Calleary

It will be very expensive.

Deputy Micheál Martin

I am sure the Taoiseach wants to help the House.

The Taoiseach

The Minister is working on the legislation and we expect him to bring it forward very soon.

Deputy Micheál Martin

The Taoiseach said it one month ago and also said it the month before that.

The Taoiseach

I do not want to refer to the record of the Government of which the Deputy was a member on corporate donations.

Deputy Ruairí Quinn

They were in office for 14 years.

The Taoiseach

There was no reform for 14 years. The Minister, Deputy Phil Hogan, is dealing with the matter as a priority. He will bring forward the legislation in a couple of weeks at which time we will get on with discussing and passing it through the House.

Deputy Pat Rabbitte

If you did not stop John Gormley, it might have been enacted by now.

Deputy Micheál Martin

There is a measure on the Order Paper that could be implemented quickly if the Government agreed to debate in Government time.

Deputy Pat Rabbitte

If he did not do it in 14 years——

Deputy Ruairí Quinn

He took the money instead.

An Ceann Comhairle

The Taoiseach has answered the question.

Deputy Caoimhghín Ó Caoláin

Statements by the Minister for Health have been consistently requested, with an opportunity to question him on a variety of crises, yet such an opportunity has not been provided. The Government's intended legislative programme has been published, but the list was much reduced. Some important items of legislation that we, including the Minister for Health, have been pursuing for a long time are no longer even in the programme. In the context of everything Deputy Gerry Adams has raised this morning and yesterday, the eligibility for health and social services Bill is one example. Time and again we have noted this matter. In the previous Government's final legislative programme it was stated it was not possible to indicate when it would be introduced. However, it does not even appear in the Government's legislative programme. What is the status of the eligibility for health and social services Bill? Will the Minister and the Department reinstate this promised legislation on the list? It should be expedited, given the level of public concern about so many aspects of the delivery of health services.

An Ceann Comhairle

Has this legislation been promised?

The Taoiseach

Late last year the Department of Health completed a review of the health services eligibility framework which is set out in the Health Act 1970. A draft Government memorandum sought approval to prepare the draft heads of a Bill. This was circulated to all Departments for observations in December 2010. This work has been suspended because we need ministerial guidance and clarification on the legislation required to give effect to the new approach to the delivery of health services envisaged in the programme for Government. The Minister for Health will respond to that in due course in dealing with universal health insurance, universal primary care and so on. It will come back but it will be on the basis of the new priorities reflected in the programme for Government as driven by the Minister for Health and his Ministers of State.

Deputy Caoimhghín Ó Caoláin

What about the people's right to eligibility and entitlement? What is the Taoiseach doing about this?

The Taoiseach

For instance, when the Deputy says that the Minister did not have the opportunity to speak to the Dáil——

Deputy Caoimhghín Ó Caoláin

He has not taken it.

The Taoiseach

——last evening, the Minister of State responded to the question raised by Deputy Adams about eligibility for services, people's rights and transport and ambulance services on a matter on the Adjournment debate last night.

Deputy Caoimhghín Ó Caoláin

The Taoiseach certainly did not answer it this morning.

Deputy Joe Higgins

Half of the people in this State believe they were misled by Fine Gael and the Labour Party with their election promises, according to a poll in the Irish Independent this morning.

An Ceann Comhairle

We are not dealing with polls at the moment. The Deputy should proceed on a matter of promised legislation.

Deputy Joe Higgins

At a time when we also learn that the crucial resource of visiting teachers for Traveller children is being withdrawn, I remind the Taoiseach that the two Government parties' promises were for equity in education and to legislate for that. Will the Taoiseach come before the Dáil shortly with the real programme for this Government and the real cuts rather than the increasingly fictionalised programme for Government, as he bends the knee to bankers in Europe and speculators?

An Ceann Comhairle

Is there an item of legislation about which the Deputy is concerned?

Deputy Joe Higgins

No, I am asking the Government to come forward with its real programme and let us have a measure of honesty so we know what that is.

An Ceann Comhairle

That is a different issue. That is not a matter for this item of business.

Deputy Pearse Doherty

In the context of the presidential election, I am not sure if the Taoiseach is aware that at least one local authority is refusing to accept the nomination from councillors.

An Ceann Comhairle

Sorry, the Deputy is out of order.

Deputy Pearse Doherty

No, this matter is in regard to proposed legislation. At least one council refuses to accept the nomination for president given that the legal advice is that it is irregular and that it would not have any legal standing.

Deputy Pat Rabbitte

A local authority cannot run for the presidency.

Deputy Pearse Doherty

This is a nomination for the presidency.

An Ceann Comhairle

I ask the Deputy to address his remarks through the Chair.

Deputy Pearse Doherty

When will the regulations be issued to the local authorities? Is legislation required to allow local authorities to vote at this stage in regard to an Independent candidate given that this goes to the very heart of democracy?

A Deputy

This is out of order.

Deputy Pearse Doherty

This is on the basis of legal advice and a local authority is refusing to accept the motion.

Deputy Bernard J. Durkan

Is Deputy Doherty running for it?

Deputy Pearse Doherty

Is legislation required to regularise this position?

Deputy Dara Calleary

Come on, Bernard, you should throw your name in.

The Taoiseach

Under the current rules, regulations and legislation, local authorities are entitled, in their deliberations, to give a nomination to a candidate if they so wish. Obviously the matter——

Deputy Dara Calleary

Unless it is the Fine Gael——

The Taoiseach

Obviously the matter of the presidential election is proceeding. I expect it will be a very vibrant and energetic contest——

Deputy Dara Calleary

Internally.

The Taoiseach

——and I hope whoever wins the presidency will go on to represent our people and country——

Deputy Timmy Dooley

Who are you backing?

Deputy Dara Calleary

Go on, Taoiseach, who are you backing? It is like the Grand National.

The Taoiseach

——in a proper and fitting fashion and to the highest standards.

Deputy Timmy Dooley

You might put yourself forward.

Deputy Michael McCarthy

What is happening on the criminal justice Bill, listed on the Government's legislative programme, which aims to amend criminal law to improve certain procedural matters and strengthen Garda investigative powers in relation to white collar crime?

Deputy Dara Calleary

It is awaiting Committee Stage.

The Taoiseach

The position in so far as the white collar crime legislation is concerned is that it is awaiting Committee Stage. As the Deputy will be aware it was published by the Minister for Justice and Equality a short time ago. It is the first white collar crime Bill published here for very many years,——

Deputy Dara Calleary

It was published again.

The Taoiseach

——an indication of the Government's seriousness about bringing those who stray outside the law before the law. It is awaiting Committee Stage.

Deputy Thomas P. Broughan

Are the criminal justice (forensic investigations) Bill and the noise pollution Bill being brought forward? The Taoiseach will recall that in the previous Dáil and the Dáil before that there was great determination to bring forward a noise pollution Bill, but that has not happened yet.

Will the Taoiseach consider holding another referendum on the date of the presidential election on the European bailout? It appears that Greek citizens will get an opportunity to give their verdict on the bailout conditions which may apply to Greece from next week onwards. Given that we are facing into another tranche of the bailout, which unfortunately was negotiated disastrously by the previous Government and which continues in place, will the Taoiseach give the people an opportunity to have their say on it?

Deputies

Hear, hear.

The Taoiseach

There is no date for the publication of the noise pollution Bill. The DNA data Bill should be ready before the end of the year. As Deputy Broughan will be aware and he is fully acquainted with all the facts, the Government is proceeding to meet the commitments and requirements of the IMF-EU bailout deal and Ireland is heading in the right direction. There are several serious challenges up ahead, which we will meet, arising from the confines of the spending review. As he will also be aware, the meeting in Luxembourg on Monday made a decision which will have a positive implications for all the countries of Europe.

An Ceann Comhairle

I call Deputy Ellis and I hope his matter is about promised legislation.

Deputy Dessie Ellis

Is the Taoiseach aware that many new Tesco express shops are springing up all over the place and many of these have been opened alongside existing businesses? I can give him many examples of such outlets. The existing businesses are well established.

An Ceann Comhairle

Sorry, Deputy.

Deputy Dessie Ellis

I am coming to the question. These businesses are well established and employ many local people and others. Any there plans to deal with such unfair competition? Is legislation being brought forward to deal with unfair competition? When planning applications for such outlets are submitted, is the impact such operations will have on existing businesses taken into account?

An Ceann Comhairle

Is there promised legislation on this area, Taoiseach?

The Taoiseach

As Deputy Ellis will be aware, the local authorities accept planning applications and the planning process decides the nature and extent of any business. An Bord Pleanála and the legislation governing the retail size of outlets have their own bearing on that. The Minister for Jobs, Enterprise and Innovation deals with the Competition Authority and keeps that under pretty constant review. There is not any legislation as far I am aware on the specific issue the Deputy mentioned.

Deputy Dessie Ellis

We need some.

Deputy Pádraig Mac Lochlainn

The European stability mechanism requires an amendment to the Lisbon treaty. Does the Taoiseach intend to hold a referendum to put a question to the people on agreeing to that amendment?

The Taoiseach

The previous Attorney General advised the Government at the time that a referendum was not necessary because of the minor nature of the change involved here in respect of Ireland. The current Attorney General is assessing that position. Our view is that a referendum is not necessary and the matter will be debated in the House in due course.

An Ceann Comhairle

We will move on to questions to the Taoiseach.

Deputy Bernard J. Durkan

A Cheann Comhairle, I was waving to you.

An Ceann Comhairle

Sorry, I did not see the Deputy indicating.

Deputy Bernard J. Durkan

I am becoming more and more invisible with the passage of time. It is sad but that is the way it is.

(Interruptions).

Deputy Bernard J. Durkan

A Ceann Comhairle, the Deputies are very unruly this morning. It is very unfair. On promised legislation——

Deputy Micheál Martin

The presidency Bill.

Deputy Bernard J. Durkan

An important item of promised legislation is to provide a statutory basis for the vetting of applicants for employment and employees, including vetting to identify in particular information relating to the endangerment, sexual exploitation and sexual abuse or risk thereof to children and vulnerable adults. It was deemed to have been urgently required a year or two years ago. The previous Administration attempted to lend certain important——

An Ceann Comhairle

Thank you very much. I will try to get the Deputy an answer to his question.

Deputy Bernard J. Durkan

I appreciate the Chair's recognition of the issue.

An Ceann Comhairle

I thank the Deputy for the background on it.

Deputy Bernard J. Durkan

The previous Government failed to introduce this legislation.

The Taoiseach

It is the national vetting Bill to which the Deputy refers. It is an important Bill and it is quite complex. It is currently being drafted between the Department of Justice and Equality and the Department of Children. I cannot give the Deputy an accurate date as to when it will be published.

Deputy Bernard J. Durkan

I have one other matter. It is equally important. The Opposition will be delighted to hear about this. I refer to the clamping regulation Bill which is also promised.

Deputy Dara Calleary

Do not put a clamp on Áras an Uachtaráin, Bernard.

The Taoiseach

We hope to clamp on that by the end of this year.

An Ceann Comhairle

That will be ready by the end of this year, Deputy.

Deputy Timmy Dooley

I would say it will be when you bring in the budget.