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Dáil Éireann debate -
Wednesday, 6 Jul 2011

Vol. 737 No. 4

Order of Business

It is proposed to take No. 8, motion re presentation and circulation of Revised Estimates 2011; No. 4, Electoral (Amendment) Bill 2011 — Second Stage (resumed); the Foreshore (Amendment) Bill 2011 [Seanad] — Order for Second Stage and Second and Remaining Stages, subject to completion in the Seanad, to be included on a supplementary Order Paper and to be taken at 3.45 p.m.; and No. 14. — Finance (No. 3) Bill 2011, Order for Report, Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; (2) No. 8 shall be decided without debate and any division demanded thereon shall be taken forthwith; (3) the proceedings in relation to the resumed Second Stage of No. 4. shall, if not previously concluded, be brought to a conclusion at 1.30 p.m.; (4) subject to completion in the Seanad, Second and Remaining Stages of the Foreshore (Amendment) Bill 2011 [Seanad] shall be taken at 3.45 p.m. and the following arrangements shall apply: (i) the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 5.50 p.m.; the opening speech of a Minister or Minister of State and of the main spokespersons for Fianna Fail, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time, and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; (ii) the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 7 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Agriculture, Fisheries and Food; (5) Private Members’ business shall be No. 24, motion re hospital services (resumed), shall take place at 7 p.m. or on the conclusion of Second and Remaining Stages of the Foreshore (Amendment) Bill 2011 [Seanad], whichever is the later, and shall conclude after 90 minutes; and (6) the Report and Final Stages of No. 14 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 10 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Finance.

There are six proposals to be put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed to?

I bring to the Ceann Comhairle's attention, because it is very important, the promised publication of the Medical Practitioners (Amendment) Bill 2011, all Stages of which are scheduled to be taken tomorrow. It was promised that it would be published and distributed on Monday.

We can deal with that on the Order of Business. It is not related to this matter.

It is because I am objecting to it. I want to make my point. The Bill was to have been distributed on Monday. Last night I made inquiries of the Minister's office and we were told the Bill would not be available until tomorrow morning, the day all Stages——

What does that have to do with the Dáil sitting late?

As the protector of Members of the House and to allow for the proper scrutiny of all legislation——

By all means but can we——

I am making the point that only following intervention have we now received the Bill on the eve of the proposed taking of all Stages of, I acknowledge, required legislation.

The proposal I have put is that the Dáil shall sit later than 8.30 p.m.

To whom will I put the question?

Put it to me but——

I am putting it to the Ceann Comhairle.

Put it after this——

As the protector of Members' interests and to ensure the proper address of all legislation in this House, the Ceann Comhairle should use his good offices to reflect not only to the Minister for Health but to all Departments——

The Deputy is totally out of order.

——that legislation should be circulated in good time for proper scrutiny and careful evaluation in advance of debate. That is my point.

I do not understand the Deputy's point at this particular juncture.

There is no other place for me to hang it. The Ceann Comhairle is a long time in this House and he will understand very well——

I understand that when a proposal is has been put——

——that I must avail of the opportunity to make the point. The Minister should understand——

The Deputy should resume his seat.

——and be sympathetic to the point I am making.

There are six proposals to be put to the House. I am putting the first proposal, which is that the Dáil shall sit later than 8.30 p.m. tonight. Is that agreed? Agreed. That is the point I was making.

I hope the Ceann Comhairle understands the point I was making also.

The second proposal deals with No. 8, motion re presentation and circulation of Revised Estimates 2011. Is that agreed? Agreed. Is the proposal for dealing with No. 4, Second Stage of the Electoral (Amendment) Bill 2011, agreed to?

It is not agreed. This is the first of three Bills where a guillotine is proposed today. The Taoiseach is quickly becoming the Madame Defarge of the Thirty-First Dáil. All he is short of is a knitting set.

It is better than being one of the three stooges.

We should get on with it.

Will the Deputy have enough speakers?

I would rather be a stooge than a stool pigeon like the Minister, Deputy Shatter.

The Minister for Star Trek. He should remember the leaflets he sent out.

A Cheann Comhairle——

Please allow the Deputy to continue, although he is inviting the interruptions.

It is the young lad beside him.

In fairness, I am trying to be kind to the Government backbenchers.

I know all of that. I appreciate the Deputy's generosity but he should get on with it.

It is reported in the press that the backbenchers feel frustrated at not having sufficient time to express themselves in this Dáil.

We are frustrated listening to you.

There are three guillotines before us and if we allow the practice now, what will happen in the autumn, when far more pressure comes on this Dáil from legislation and other issues? Has the Government Chief Whip ascertained how many speakers are offering on the Electoral (Amendment) Bill, how many have been cut and why the Government proposes three guillotines? It promised, as one of its reforms, that the guillotine would rarely be used.

I understand there was a briefing on this on Monday, and this will allow for Committee Stage to be taken appropriately. There will be ample opportunity to make amendments and debate those, as the Deputy always does.

Question, "That the proposal for dealing with Second Stage of the Electoral (Amendment) Bill 2011 be agreed to", put and declared carried.

Is the proposal for dealing with Second and Subsequent Stages of the Foreshore (Amendment) Bill 2011 agreed to? Agreed. Is the proposal for dealing with Private Members' Business agreed to? Agreed. Is the proposal for dealing with No. 14, Order for Report, Report and Final Stages of the Finance (No. 3) Bill 2011 agreed to? Agreed.

The Minister for Health has announced his intention to abolish the Health Service Executive and take direct legal and legislative responsibility for decisions where he currently only has administrative responsibilities. This will include decisions to withdraw services from local hospitals.

Will the Taoiseach indicate when the legislation will be published?

The Minister will bring forward proposals later this year to abolish the HSE board by amending the Health Act 2004. It will be necessary in that context to put alternative arrangements in place to ensure appropriate corporate governance of the HSE in the absence of that board.

So it is just the board. It will not be the executive.

It will be later this year. The Minister will bring forward proposals to the Government later this year to abolish the HSE board by amending the 2004 Act.

That is the board. What about the HSE? That was the promise he made.

It is the board.

The promise was to abolish the entire HSE.

Sometimes the Deputy jumps to conclusions.

No, I listened very carefully to what the man said.

That is what the Deputy heard.

We probably took him and the Taoiseach too much at face value. We are genuinely seeking clarity on the issue. Is the legislation to abolish the board or the entire HSE?

The Minister will bring forward proposals later this year to abolish the HSE board by amending the Health Act 2004.

It is just the board.

It is the board.

I am bored listening to the Taoiseach.

The programme for Government contains the commitment — or threat — to break up the ESB by stripping it of its transmission assets. The Government has in its possession the Cahill report, which clearly sets out the lunacy of that approach. Nevertheless, I see the legislative programme envisages an electricity transmission assets Bill. When is it proposed to publish the Cahill report and what will be the timetable of the Bill? The uncertainty hanging over this large State utility is causing great difficulties for business and investment planning, and it also has industrial relations implications. The Cahill report should be published so we can have the debate and keep the ESB strong and intact.

The Cahill report has not yet come to the Government and the Minister will bring forward a memo in due course. The report will be published and the Deputy will be well informed on the matter.

The Minister has the report. I have had correspondence with him and he is deliberately failing to publish a report paid for by taxpayers——

——as the report shows the flaw in Government policy.

The report must be published——

Does the Deputy hear me?

——as a matter of urgency.

We are discussing promised legislation.

I have a question for the Taoiseach under Standing Order 36. It appears the posse of men who rode into town last November posing as good samaritans are ripping off blind the Irish people. With only two weeks before the Dáil breaks, will the Taoiseach arrange for a comprehensive report and debate on the real implications of the memorandum of agreement between the IMF-EU and the Government with regard to the incredible €9 billion rip-off?

Sorry, Deputy——

What other secrets are contained in the execution of that memorandum in the alleged name of solidarity?

Perhaps the Deputy could get in touch with his Whip in seeking a debate on the issue.

The Deputy is entitled to ask for a debate on an issue at the Whips' meeting. All of the detail of the headline spoken of by the Deputy was raised and dealt with at Question Time with the Minister for Finance yesterday. As the Deputy is aware, this Government took over when certain obligations were signed by the previous Administration, and those figures are not new. If the Deputy wishes to have a debate about any issue, he should feel free to raise it at the Whips' meeting, the appropriate forum to do so.

I seek leave to move a motion of censure against the Minister for Justice and Equality relating to his withholding of information from the House with regard to the Smithwick tribunal. I seek Government time to have this debated as soon as possible.

Is the Government offering time for the motion?

There is a motion of censure down against the Minister for Justice and Equality and it is a matter for the party opposite. If it wishes to move it in Private Members' time the party is free to do so. It is a bogus motion as all the issues have been dealt with by the Minister, Deputy Shatter, and the correspondence referred to has been laid before the Oireachtas Library. As I stated yesterday, it is only right and proper that when this House establishes tribunals of inquiry to consider any matter, the taxpayer funds those tribunals. In this case the motion establishing the Smithwick tribunal required that within ten days of public hearings, an interim report would be produced. The Minister for Justice and Equality is quite right in having the public given up to date reports on the progress of the tribunal.

The Taoiseach is avoiding the issue.

Yes, the Minister withheld information.

All the correspondence is available and if the party wishes to pursue the motion of censure, it should do so in Private Members' time.

On a point of order, the Minister came into the debate on 1 June in possession of information which was directly relevant to the debate. He deliberately withheld it.

Sorry, that is not a point of order.

One would assume that a motion of censure against a Minister would be taken by the Government as a matter of priority.

It is not a point of order.

The only bogus thing about this is the withholding of information.

You will have to move it in Private Members' time.

A Cheann Comhairle——

Sorry, we are not having a debate on this.

Your role as Cheann Comhairle is to protect the rights of the Members of the House.

Absolutely. I will do that.

This is a very serious issue. We asked the Taoiseach a question when we allowed this debate to take place. We put it to him clearly that more time should be allowed and that all documentation should be provided to Members before the motion amending the terms of reference came before the House. No such documentation was provided. The Government pressed ahead and guillotined the debate. Members were denied access to crucial correspondence between the Minister and the judge of a tribunal that was established by the Oireachtas. The tribunal was established by the Oireachtas — it is not just a matter for the Government and the Opposition.

This inquiry was established by the collective membership of this House. Serious documentation was withheld from the Members. Some attempt should be made to——

You are making a very serious charge here.

It is a serious charge.

It is factual. It happened.

You are making a serious charge.

The issue eventually came out through freedom of information.

We are dealing with a request for a motion to be taken. The Deputy asked whether the motion can be taken in Government time. The Taoiseach has indicated that it cannot.

A Cheann Comhairle, you said it is serious.

If the Deputy's party wishes to use its Private Members' time to debate the issue, it can do so. I cannot do anything to force the Government to allow time for a motion to be considered. In effect, it is now a Private Members' motion.

You said it is serious.

Of course it is a serious matter.

It is certainly not bogus.

I regard a motion against any Minister as a serious matter.

It is entirely bogus and Deputy Calleary knows it.

That is a matter for the Deputies who tabled it.

You are a disgrace to make that allegation.

Aithníonn ciaróg ciaróg eile.

It is entirely bogus.

You withheld the documentation.

This is political play-acting.

We have the Punch and Judy show again.

I do not need the usual assistance from up there.

You withheld it.

If any other Government behaved like that——

What happened to the promise to end the Punch and Judy show?

——there would be blue murder and you know it.

I note that the Revised Estimates for 2011 are on this morning's clár. In light of the serious developments we are seeing in certain areas, will it be possible for the Dáil to examine the first Estimates for 2012 in the next few weeks, or even on our resumption? For example, this morning——

We cannot debate that now.

——I received a petition from approximately 1,000 parents.

That is totally out of order.

I want to tell the Taoiseach about the petition I received——

Maybe you can write to him and tell him.

——from approximately 1,000 parents in Darndale-Belcamp parish.

I have to ask you to resume your seat.

It seems that a class for children with moderate learning disabilities may be closed in September, unfortunately.

Will you please resume your seat?

I would like the Minister for Education and Skills to look at that situation.

Will you resume your seat now?

He knows the parish well.

It is one of the areas of Ireland with the lowest take-up of third level education.

Deputy Broughan, please resume your seat.

The Taoiseach represents the area with the highest take-up of third level education.

I think the Government has a man overboard.

I am asking the Taoiseach whether we will see the Estimates for 2012——

No, no. Will you please resume your seat, Deputy?

——on the floor of the Dáil in the next few months.

I call Deputy Boyd Barrett on the Order of Business.

I would like the Taoiseach to answer the question I asked about the timing of Dáil business.

The Deputy will have an opportunity to debate all the Estimates at the various committees in due course. It will take place in a much more transparent and accountable form than previously.

You must be joking.

We had a situation where 15 minutes applied for all——

You must be joking.

I am not joking, actually.

Sorry, Deputy.

What you did when you had the authority was a disgrace.

We have not had a committee meeting yet.

We are going to change all of that.

You will change nothing.

The Estimates have not been published yet. When they are, they will be brought before the committees.

You need not think you are codding anybody.

We do not need to go back over that.

We have heard all about the comprehensive spending review.

According to Standing Order 26(2)(a), the Taoiseach orders the business of the Dáil on the Order of Business and arranges the sittings. In that context, I want to ask the Taoiseach if the Dáil will have a chance to discuss the cannibal logic that the IMF-EU delegation, which is coming here in the next two weeks, is applying to our economy.

The Deputy should resume his seat. He is totally out of order.

That logic involves destroying our economy and our services, supposedly in order to save them.

He should ask his Whip to raise the matter.

It is sucking us dry to the tune of €9 billion.

Please resume your seat. You are out of order.

On a point of order, Deputy Boyd Barrett is absolutely correct.

When did Deputy Higgins take over the job of Chair? He should also resume his seat.

Hard luck, Joe.

Deputy Boyd Barrett is not a member of Deputy Higgins's party, by the way.

I want to make a point of order, which is my entitlement.

I am sure you will protect my right to do so.

I will protect your right, but you are totally out of order. You cannot be questioning——

We are looking for clarification.

There is no point in quoting Standing Order 26(2), which relates to the ordering of business. That is not the point here. This is the Order of Business.

The Taoiseach frequently answers our queries with regard to the ordering of business by referring to the Whips.

It is the business of the Taoiseach, fundamentally, to order the arrangements for sittings——

That is Government business.

——and the business taken in the Dáil.

Yes, that is Government business.

The Deputies should ensure it is raised this evening.

He should answer.

No, he should not. He is out of order if he does. Will you resume your seat?

He should respond to what has been requested by us, rather than fobbing it off to the Whips.

Will you please contact your Whip and ask her to arrange a debate on the issue?

Get your Whip to raise it this evening.

Every time we ask, the Government Whip says "No".

It was never asked.

We asked about the McCarthy report.

Can we have some order please? I call Deputy Donohoe.

The supply of alcohol to minors continues to be a very big problem for gardaí and communities. As the summer approaches, the potential for this problem to flare up again is great. The Government has given a commitment to introduce a sale of alcohol Bill, which will give the Garda and other agencies even greater power to tackle these issues, including the growing problem of the supply of alcohol from private premises. Can the Taoiseach tell the House whether this Bill will be ordered before the summer or later this year?

The Deputy has raised an important point. This Bill will be ordered later this year.

When the Minister for Education and Skills was standing in for the Taoiseach on Leaders' Questions approximately three weeks ago, I asked about the proposals in the programme for Government to assist people who have difficulty paying their mortgages. The Minister, Deputy Quinn, undertook to get back to me within a week. That promise seems to have had the same status as Deputy Reilly's election promises, unfortunately. Will the Taoiseach get back to me on this matter as quickly as possible? Many people are very worried about it. A substantial section of the programme for Government deals with it.

Is the Deputy asking about a promised debate or about a report?

I am asking about a list of promises to assist people who have difficulty paying their mortgages. This long list of legislative and administrative proposals takes up half a page of the programme for Government.

Is legislation promised?

The Government seems to have forgotten about it already. It is in the programme for Government.

The Minister for Finance will report progress on this issue directly to the Deputy.

I hope he will be much quicker in getting back to me than the Minister for Education and Skills was.

I will send some material to the Deputy.

I appreciate that.

The Deputy looked well on "Tonight with Vincent Browne". I enjoyed the programme.

The matter I would like to raise is relevant to the Taoiseach and the Minister for Education and Skills. Apparently, the Office of the Attorney General has advised the Government, or its predecessor, that it is legally acceptable to end the closed school rule, which is an historical commitment that was made to certain rural communities. Will the Government publish this advice and explain the rationale that makes the Government think it is acceptable to bring the rule to an end?

That is not promised legislation.

Maybe it should, but that is none of my concern.

Can I explain my point?

The Deputy should table a question.

I am raising this matter because a growing number of communities are questioning the legal rationale for this change. They believe legislation should have been introduced to give effect to it.

Can I help the Deputy? There are two ways of raising this matter. He can table a parliamentary question or use his party's Private Members' time.

What about using Private Members' time?

I think the Taoiseach could respond to what I have said. Will he publish the Attorney General's advice? It is a simple question.

That is out of order.

The Taoiseach will not publish the advice. What does the Government do with the advice it receives from the Attorney General?

That is a matter for the Government.

Does it accept it and say it is fine? One needs to have hundreds of thousands of euro if one wants to go through the High Court or the Supreme Court to get that information.

I call Deputy Niall Collins.

At a committee meeting yesterday, the Minister, Deputy Varadkar, informed us that Dundalk Port Company has failed to meet its obligations to maintain its pension fund properly and to register with the Pensions Board and has reneged on a number of other responsibilities. He said he sought to refer the matter to the Office of the Director of Corporate Enforcement but he received legal advice from the Attorney General to the effect that he could not do so because company law does not provide for it. Does the Government have any plans to amend the Companies Acts to allow action to be taken in the event of corporate governance failures by companies like Dundalk Port Company?

Is there promised legislation in this area?

There is no promised legislation.

A companies Bill is on the agenda.

I am sure the Minister, Deputy Varadkar, will consider the consequences of what he told the committee yesterday.

I will not bother informing them.

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