Dáil Éireann debate -
Thursday, 14 Jul 2011

Vol. 738 No. 4

Order of Business

The Tánaiste

It is proposed to take No. 13, Revised Estimates for Public Services 2011 — Votes 1 to 3, Votes 5 to 23, Votes 25 and 26, Votes 28 to 38 and Vote 42, back from committee; No. 13b, Child Care (Amendment) Bill 2009 [Seanad] — motion to instruct the committee; No. 23, Child Care (Amendment) Bill 2009 [Seanad] — Order for Report, Report and Final Stages; No. 24, Criminal Justice Bill 2011 — Order for Report, Report and Final Stages; and No. 6, Residential Institutions Redress (Amendment) Bill 2011 — Order for Second Stage, Second and Remaining Stages.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. tonight and business shall be interrupted on the conclusion of Question Time which shall be taken at 6.45 p.m. for 75 minutes 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; No. 13 shall be decided without debate, Votes 1 to 3, Votes 5 to 23, Votes 25 and 26, Votes 28 to 38 and Vote 42, shall be moved together and decided by one question which shall be put from the Chair and any division demanded thereon shall be taken forthwith; the proceedings on No. 13b shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: the speeches shall be confined to a Minister or Minister of State and to 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 and shall not exceed 15 minutes in each case; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; Report and Final Stages of No. 23 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 2 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 Children and Youth Affairs; and Report and Final Stages of No. 24. shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 4.30 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 Justice and Equality.

It is also proposed that the Dáil shall sit tomorrow at 10.30 a.m., shall adjourn not later than 4.30 p.m., there shall be no Order of Business within the meaning of Standing Order 26 and the following business shall be transacted: No. 6, Residential Institutions Redress (Amendment) Bill 2011 — Second and Remaining Stages (resumed); and No. 3a — Public Health (Tobacco) (Amendment) Bill 2011 [Seanad] — Second and Remaining Stages. It is proposed that the proceedings on the resumed Second Stage of No. 6 shall, if not previously concluded, be brought to a conclusion at 12 p.m. and the proceedings on Committee and Remaining Stages 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 Education and Skills; and the proceedings on Second Stage of No. 3a shall, if not previously concluded, be brought to a conclusion at 3.35 p.m. and proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 4.30 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 Health.

An Ceann Comhairle

There are six 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. 13, Revised Estimates for Public Services 2011, without debate, agreed to?

Deputy Aengus Ó Snodaigh

It is not agreed. These Revised Estimates relate to last year's budget and, in fairness, most of them have been dealt with by the relevant committees. However, at a recent meeting of the Oireachtas Committee on Jobs, Social Protection and Education, we had a discussion on the relevant Revised Estimates at which we asked the Minister whether there would be any changes to the household benefits package, fuel allowance and other allowances. She told us there would not but, two hours later, she announced, via the Department's website, changes to the household benefits package. Therefore, the committee did not have an opportunity to debate fully the outworkings of the last budget. The Minister should come into the Chamber to discuss this proposal rather than asking the House to clear these Revised Estimates without debate.

Deputy Joe Higgins

I support Deputy Aengus Ó Snodaigh. The introduction of these savage cuts affecting the most vulnerable has been done in a mendacious and underhand fashion. The very least the so-called Minister for Social Protection can do is to come into the Dáil to defend these cowardly cuts and explain the rationale of the Labour Party in now finding these reductions, which hit the old and the poor, acceptable when it would have considered them the worst evil that could be inflicted a few months ago.

An Ceann Comhairle

Deputies cannot discuss the detail of the proposal, only the reason that there should not be a guillotine.

(Interruptions).

An Ceann Comhairle

Order, please. I have called the Tánaiste.

The Tánaiste

All of these Revised Estimates, for which provision was made in last year's budget, have been discussed by the respective committees. The announcements made publicly by the Minister for Social Protection this week are in respect of measures already contained in the 2011 budget.

Question put.

The Dáil divided: Tá, 98; Níl, 38.

Tá

• Barry, Tom.
• Breen, Pat.
• Broughan, Thomas P.
• Bruton, Richard.
• Burton, Joan.
• Butler, Ray.
• Buttimer, Jerry.
• Byrne, Catherine.
• Cannon, Ciarán.
• Carey, Joe.
• Coffey, Paudie.
• Collins, Áine.
• Conaghan, Michael.
• Conlan, Seán.
• Connaughton, Paul J.
• Conway, Ciara.
• Coonan, Noel.
• Corcoran Kennedy, Marcella.
• Costello, Joe.
• Coveney, Simon.
• Creed, Michael.
• Daly, Jim.
• Deenihan, Jimmy.
• Deering, Pat.
• Doherty, Regina.
• Donohoe, Paschal.
• Dowds, Robert.
• Durkan, Bernard J.
• Farrell, Alan.
• Feighan, Frank.
• Ferris, Anne.
• Fitzgerald, Frances.
• Fitzpatrick, Peter.
• Flanagan, Charles.
• Flanagan, Terence.
• Gilmore, Eamon.
• Griffin, Brendan.
• Hannigan, Dominic.
• Harrington, Noel.
• Harris, Simon.
• Hayes, Brian.
• Hayes, Tom.
• Heydon, Martin.
• Hogan, Phil.
• Howlin, Brendan.
• Humphreys, Heather.
• 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.
• Mitchell, Olivia.
• Mitchell O’Connor, Mary.
• Mulherin, Michelle.
• Murphy, Dara.
• Nash, Gerald.
• Naughten, Denis.
• Nolan, Derek.
• Noonan, Michael.
• Ó Ríordáin, Aodhán.
• O’Donnell, Kieran.
• O’Donovan, Patrick.
• O’Dowd, Fergus.
• O’Mahony, John.
• O’Reilly, Joe.
• Penrose, Willie.
• Perry, John.
• Phelan, Ann.
• Phelan, John Paul.
• Rabbitte, Pat.
• Reilly, James.
• Ring, Michael.
• Ryan, Brendan.
• Shatter, Alan.
• Sherlock, Sean.
• Shortall, Róisín.
• Stagg, Emmet.
• Stanton, David.
• Timmins, Billy.
• Tuffy, Joanna.
• Varadkar, Leo.
• Wall, Jack.
• Walsh, Brian.
• White, Alex.

Níl

• Adams, Gerry.
• Boyd Barrett, Richard.
• Browne, John.
• Calleary, Dara.
• Collins, Joan.
• Collins, Niall.
• Colreavy, Michael.
• Crowe, Seán.
• Doherty, Pearse.
• Dooley, Timmy.
• Ellis, Dessie.
• Ferris, Martin.
• Fleming, Tom.
• Grealish, Noel.
• Halligan, John.
• Healy, Seamus.
• Healy-Rae, Michael.
• Higgins, Joe.
• Kelleher, Billy.
• Kitt, Michael P.
• Mac Lochlainn, Pádraig.
• McDonald, Mary Lou.
• McGrath, Finian.
• McGrath, Mattie.
• McLellan, Sandra.
• Murphy, Catherine.
• Ó Caoláin, Caoimhghín.
• Ó Cuív, Éamon.
• Ó Fearghaíl, Seán.
• Ó Snodaigh, Aengus.
• O’Brien, Jonathan.
• O’Sullivan, Maureen.
• Pringle, Thomas.
• Ross, Shane.
• Smith, Brendan.
• Stanley, Brian.
• Tóibín, Peadar.
• Troy, Robert.

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Seán Ó Fearghaíl.

Question declared carried.

Deputy Éamon Ó Cuív

The Tánaiste has seriously misled the House.

An Ceann Comhairle

Would you please resume your seat? Is the proposal for dealing with No. 13b, Child Care (Amendment) Bill 2009, motion to instruct committee, agreed to? Agreed. Is the proposal for dealing with No. 23, Child Care (Amendment) Bill 2009 — Order for Report, Report and Final Stages, agreed to?

Deputy Caoimhghín Ó Caoláin

It is not agreed.

Deputy Éamon Ó Cuív

Can I get confirmation——

An Ceann Comhairle

Is Deputy Ó Cuív agreeing to this proposal?

Deputy Éamon Ó Cuív

I want clarification because the order says 45 minutes of debate will be allocated on Second Stage but I understand that it should be one hour. I want clarification that it will be one hour.

Deputy Caoimhghín Ó Caoláin

I wish to object——

Deputy Tom Hayes

Deputy Ó Caoláin does not, does he?

Deputy Caoimhghín Ó Caoláin

——to the taking of the Child Care (Amendment) Bill Order for Report, Report and Final Stages. Many issues have shown major turnarounds on the part of this Government in the short time since it took office and today we have yet another example. On 18 January, the Tánaiste and colleagues from his party and the Fine Gael Party went through the division in this House in support of a key amendment to this legislation in respect of after care for children in State care. Against the backdrop of what we addressed yesterday with the publication of the Cloyne report, there can be no washing or wringing of one's hands in respect of State responsibility yet the amendment placed before the House, which was similar to the wording of amendments tabled by me and Deputy Jan O'Sullivan, was proposed by Deputy Charles Flanagan and voted on in this House. The first person recorded supporting it is the Ceann Comhairle yet this morning the same amendment, five months later, has been refused. This is an amendment the House voted on last January and it has now been refused on the basis that it involves a potential charge on the Exchequer. That was not the ruling when this legislation was addressed in the Chamber in January——

An Ceann Comhairle

We are discussing the manner in which the Bill will be taken. Deputy Ó Caoláin's issue is a separate matter.

Deputy Caoimhghín Ó Caoláin

Indeed, it is not separate.

An Ceann Comhairle

It is separate.

Deputy Caoimhghín Ó Caoláin

It is the core point of what needs to be addressed in this legislation on Report Stage. It is absolutely the kernel of it, that State institutions on behalf of the State are not turning out young people on attaining their 18th birthday onto the streets to be abandoned and ignored. There is an absolute responsibility on this House——

An Ceann Comhairle

Deputy Ó Caoláin——

Deputy Caoimhghín Ó Caoláin

——to ensure after care for young people in State institutions. The ruling this morning——

An Ceann Comhairle

Deputy Ó Caoláin——

Deputy Caoimhghín Ó Caoláin

——will not allow a debate, never mind the potential of actually having the amendment made to the legislation before the House.

An Ceann Comhairle

——please resume your seat.

Deputy Finian McGrath

Another broken promise.

Deputy Caoimhghín Ó Caoláin

There can be no acceptance of this methodology or of this legislation with such major deficiency and I put the House on notice that I will oppose it outright and shame on Fianna Fáil, or rather Fine Gael——

(Interruptions).

Deputy Ray Butler

Well said.

Deputy Caoimhghín Ó Caoláin

——and the Labour Party, having supported this proposal in January when, in July, they will not even allow it to be discussed on the floor of the House.

Deputy Charles Flanagan

Politics as usual.

Deputy Caoimhghín Ó Caoláin

Deputy Charles Flanagan tabled this amendment on 18 January——

An Ceann Comhairle

Deputy Ó Caoláin——

Deputy Caoimhghín Ó Caoláin

——and shame on Deputy Charles Flanagan for this volte-face six months later.

Deputy Charles Flanagan

Deputy Caoimhghín Ó Caoláin has only one agenda.

An Ceann Comhairle

I ask Deputy Caoimhghín Ó Caoláin to recognise the Chair. I am surprised at you.

Deputy Caoimhghín Ó Caoláin

I do, Deputy Barrett.

An Ceann Comhairle

It is Ceann Comhairle if you do not mind, please. I am surprised at an experienced Deputy like you totally ignoring the Chair when it calls on you to keep order.

Deputy Caoimhghín Ó Caoláin

I would not do that Ceann Comhairle.

Deputy Derek Keating

Deputy Caoimhghín Ó Caoláin did that.

Deputy Charles Flanagan

He has a narrow party agenda.

An Ceann Comhairle

I ask Deputies on the Government side also to adhere to the Chair. I call on the Tánaiste to reply to the questions posed on why this business should be taken in the way it has been ordered.

The Tánaiste

The proposals before the Ceann Comhairle are for a period of 65 minutes to deal with a number of amendments to this Bill by the Minister for Children and Youth Affairs. She will propose them in due course. The proposal is that the debate will conclude at 2.30 p.m. If we agree the timetabling for the debate, Deputy Ó Caoláin will find that the Minister will be addressing the issue raised during the course of the debate and he will find that he has no cause for the kind of indignation he has just expressed.

Deputy Michael Creed

He would not have the opportunity to grandstand.

Deputy Charles Flanagan

Deputy Caoimhghín Ó Caoláin might not be here.

Question put: "That the proposal for dealing with No. 23, Child Care (Amendment) Bill 2009 — Order for Report and Report and Final Stages, be agreed to."

The Dáil divided: Tá, 103; Níl, 28.

Tá

• Barry, Tom.
• Broughan, Thomas P.
• Browne, John.
• Bruton, Richard.
• Butler, Ray.
• Buttimer, Jerry.
• Byrne, Catherine.
• Calleary, Dara.
• Cannon, Ciarán.
• Carey, Joe.
• Coffey, Paudie.
• Collins, Áine.
• Conaghan, Michael.
• Conlan, Seán.
• Conway, Ciara.
• Coonan, Noel.
• Corcoran Kennedy, Marcella.
• Costello, Joe.
• Coveney, Simon.
• Cowen, Barry.
• Creed, Michael.
• Daly, Jim.
• Deenihan, Jimmy.
• Deering, Pat.
• Doherty, Regina.
• Donohoe, Paschal.
• Dooley, Timmy.
• Dowds, Robert.
• Durkan, Bernard J.
• Farrell, Alan.
• Feighan, Frank.
• Ferris, Anne.
• Fitzgerald, Frances.
• Fitzpatrick, Peter.
• Flanagan, Charles.
• Flanagan, Terence.
• Gilmore, Eamon.
• Griffin, Brendan.
• Hannigan, Dominic.
• Harrington, Noel.
• Harris, Simon.
• Hayes, Brian.
• Hayes, Tom.
• Heydon, Martin.
• Hogan, Phil.
• Howlin, Brendan.
• Humphreys, Heather.
• Humphreys, Kevin.
• Keating, Derek.
• Keaveney, Colm.
• Kehoe, Paul.
• Kelleher, Billy.
• Kelly, Alan.
• Kenny, Seán.
• Kitt, Michael P.
• 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.
• Mitchell, Olivia.
• Mitchell O’Connor, Mary.
• Mulherin, Michelle.
• Murphy, Dara.
• Murphy, Eoghan.
• Nash, Gerald.
• Naughten, Denis.
• Nolan, Derek.
• Noonan, Michael.
• Ó Cuív, Éamon.
• Ó Fearghaíl, Seán.
• Ó Ríordáin, Aodhán.
• O’Donovan, Patrick.
• O’Dowd, Fergus.
• O’Mahony, John.
• O’Reilly, Joe.
• Penrose, Willie.
• Perry, John.
• Phelan, Ann.
• Phelan, John Paul.
• Reilly, James.
• Ring, Michael.
• Ryan, Brendan.
• Shatter, Alan.
• Sherlock, Sean.
• Shortall, Róisín.
• Smith, Brendan.
• Stagg, Emmet.
• Stanton, David.
• Timmins, Billy.
• Troy, Robert.
• Tuffy, Joanna.
• Varadkar, Leo.
• Walsh, Brian.
• White, Alex.

Níl

• Adams, Gerry.
• Boyd Barrett, Richard.
• Collins, Joan.
• Colreavy, Michael.
• Crowe, Seán.
• Doherty, Pearse.
• Ellis, Dessie.
• Ferris, Martin.
• Fleming, Tom.
• Grealish, Noel.
• Halligan, John.
• Healy, Seamus.
• Healy-Rae, Michael.
• Higgins, Joe.
• Mac Lochlainn, Pádraig.
• McDonald, Mary Lou.
• McGrath, Finian.
• McGrath, Mattie.
• McLellan, Sandra.
• Murphy, Catherine.
• Ó Caoláin, Caoimhghín
• Ó Snodaigh, Aengus.
• O’Brien, Jonathan.
• O’Sullivan, Maureen.
• Pringle, Thomas.
• Ross, Shane.
• Stanley, Brian.
• Tóibín, Peadar.

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Catherine Murphy.

Question declared carried.

An Ceann Comhairle

Before moving on to proposal No. 5 I wish to announce to the House that I have made inquiries regarding the amendment referred to by Deputy Ó Caoláin, which is amendment No. 14, and the decision has been reversed by me. The amendment will be taken.

Deputy Caoimhghín Ó Caoláin

I thank the Ceann Comhairle for that decision. I welcome it, and it allows the House the opportunity to debate the matter. I hope the House will support it.

An Ceann Comhairle

Is the proposal for dealing with No. 24, Order for Report and Report and Final Stages of the Criminal Justice Bill 2011, agreed to?

Deputy Aengus Ó Snodaigh

It is not agreed. I will not delay the House any longer than required but again the proposal is that this legislation be guillotined but as I said previously, most legislation that is guillotined ends its progress naturally without reaching the guillotine. I ask again that the guillotine be lifted in this instance and that it be allowed to proceed. A guillotine should not be put on any legislation. That would ensure that all Deputies who wish to contribute can do so and if they do not wish to do that, the Bill will pass at the relevant Stage.

The Tánaiste

As the Deputy is aware, the House is sitting a lot longer this year than it has ever done to deal with several items of legislation. The placing of the guillotine is to ensure we get through all the legislation we need to have enacted. As Deputy Ó Snodaigh said, as it has turned out in practice the guillotine, while it has been provided for on the Order of Business, has not been used, certainly in recent weeks. I propose to leave it in place but I suggest to Deputy Ó Snodaigh and to other Whips that they might seek to reach agreement with the Government Whip on the timetabling of legislation to ensure we get it through the House. As we are making orders here for both today and tomorrow, I propose to leave it in place.

Question, "That the proposal for dealing with No. 24 — Order for Report and Report and Final Stages of the Criminal Justice Bill 2011 — be agreed to," put and declared carried.

An Ceann Comhairle

Is the proposal for the sitting and business of the Dáil tomorrow agreed to?

Deputy Joe Higgins

No.

A Deputy

Joe wants to go home.

Deputy Joe Higgins

I know we are keeping you a little bit longer from your morning coffee than normal but it is Dáil Éireann.

An Ceann Comhairle

The Deputy should speak through the Chair.

Deputy Michael Ring

We do not have as much money to spend as the Deputy.

Deputy Finian McGrath

You do actually, Michael.

An Ceann Comhairle

I ask Members to speak through the Chair.

Deputy Michael Ring

We do not have as much money as Independents. That is for sure.

Deputy Joe Higgins

A Cheann Comhairle, I vehemently object to the fact that there will not be an Order of Business tomorrow. This Government came to power only four months ago promising to change everything in this society for the better——

Deputy Brendan Howlin

Only four months ago.

An Ceann Comhairle

Allow the Deputy to speak uninterrupted.

Deputy Joe Higgins

——and instead, four months later, has its own trail of destruction behind it, closing accident and emergency departments, sacking special needs assistants and withdrawing resources from schools.

Deputy Simon Harris

Are we all allowed make speeches?

Deputy Joe Higgins

We now have savage cuts in the social welfare area.

Deputy Paul Kehoe

We have not cut the leaders' allowance.

An Ceann Comhairle

We are dealing with whether there should be an Order of Business tomorrow.

Deputy Joe Higgins

Not only should there be an Order of Business tomorrow but I ask the Tánaiste to make himself and the Taoiseach available to answer questions on the betrayal of the promises——

An Ceann Comhairle

Sorry, the Deputy is out of order.

Deputy Joe Higgins

——and these crucial issues that now confront working people, unemployed people and poor people in our society. I invite the Tánaiste to amend that proposal to make himself available tomorrow for questions——

Deputy Bernard J. Durkan

Saturday as well.

A Deputy

What about Sunday?

Deputy Joe Higgins

——and an Order of Business.

A Deputy

I hope you will be here tomorrow, Joe.

The Tánaiste

Deputy Higgins is so preoccupied with his litany of the ullogón that unfortunately he cannot see change when it happens. The first change is that this year, for the first time, we are sitting past the first week in July and will continue to sit until the end of next week. Second, we are having a sitting tomorrow, Friday — we do not normally have sittings on a Friday — and we are dealing with the Order of Business for tomorrow now. The business for tomorrow, Friday, is important legislative business which will require the attention of Members of the House. Change is happening. I am sorry to disappoint Deputy Higgins. We are meeting longer than the House has ever met and we are meeting tomorrow to deal with important legislative business.

Deputy Joe Higgins

That is not the point.

Deputy Brendan Howlin

What is the Deputy's point?

Deputy Bernard J. Durkan

Hear, hear.

(Interruptions).

The Tánaiste

The proposal before Deputy Higgins is that this House will sit tomorrow to deal with legislative business and the decision he has to make is whether he agrees that the House will sit tomorrow or not.

Deputies

Hear, hear.

Question, "That the proposal for the sitting and business of the Dáil tomorrow be agreed to," put and declared carried.

Deputy Éamon Ó Cuív

I would like to raise two issues on promised legislation, the first of which relates to social welfare legislation that arises from the announcement by the Minister for Social Protection, Deputy Burton, on the household benefits package. I would like to give the Tánaiste the opportunity to correct the record of the House by stating the previous Government never intended to reduce household benefits for the recipients. It had proposed to make savings with regard to payments to the utilities but there was no proposal at any stage to reduce——

An Ceann Comhairle

We cannot discuss the issue.

Deputy Éamon Ó Cuív

——the benefit to the recipients. The Tánaiste should correct the record of the House in that regard. A totally incorrect story has been circulated by the Government during the week.

An Ceann Comhairle

That is not relevant to the Order of Business.

Deputy Éamon Ó Cuív

The second issue concerns the anger and disgust we all share on foot of the findings in the Cloyne report. It is fair to say no politician can add to the testimony of the victims in the circumstances in question. What was done to the children was unforgivable.

An Ceann Comhairle

Has the Deputy a question?

Deputy Éamon Ó Cuív

I have. First, I assure the Tánaiste that we will continue to support any initiative that helps to ensure this never happens again.

I understand the Minister for Justice and Equality announced yesterday that mandatory reporting is to be introduced by legislation. When will the Opposition be briefed thereon? Is it proposed to introduce a mechanism by which the voice of the victims across the country can be heard on these issues? Will there be a debate on the Cloyne report in the House next week? It is imperative that it take place.

Deputy Joe Higgins

The decent people around the country, who comprise the vast majority, are throwing their hands in the air once more because of the revelations in the most recent report. It is most shocking that some of the events it covers are so recent and, therefore, the ignorance that could have been preferred in the 1980s does not feature in this instance. The bishop at the heart of the report was also at the heart of Vatican bureaucracy for so long. This goes some way towards explaining the omertà-like code of silence applied in protecting those who were abusing children and doing so at enormous expense to the victims and society. While the Government has responded to the report, it should afford us an opportunity next week to have a comprehensive debate on all that arises from this recurring sorry tale.

Deputy Mary Lou McDonald

I am sure the Tánaiste will agree the Cloyne report represents another chapter in the sordid story of the violation of children and sheltering of perpetrators of abuse by the Catholic Church. It needs to be recognised in this House that, to date, the State has failed children. It has failed in its duty to protect children from abuse, vindicate the rights of abuse victims and subject institutions, be they public, private, religious or secular, to rigorous and legally binding child-protection standards.

I welcome the Government's commitment to introducing the Children First Bill and the national vetting bureau Bill. I welcome the Government's commitment to legislating to right the wrongs of the past but, as we rise for the summer, let us not forget the urgency of the legislation. I ask the Tánaiste to reassure the House that these matters will be addressed with the utmost urgency and that the legislation will be before us at the earliest opportunity.

Deputy Aodhán Ó Ríordáin

With regard to the mandatory reporting of sex abuse, is there legislation promised to deal with the excuse that may be given about information being divulged at confession? With regard to the relationship between the church and State and the vice grip the church still has on too many of our institutions, I congratulate the Minister for Education and Skills on his work on pluralism and patronage in schools. If we are serious about breaking the link between church and State, we should not start proceedings in this House every day with a prayer.

An Ceann Comhairle

That is not relevant to the Order of Business.

Deputy Aodhán Ó Ríordáin

Many in these benches find it difficult to stand through. If we are serious about having a real republic, starting afresh and breaking the link, perhaps we will reconsider this.

The Tánaiste

The Government shares the sense of outrage over the findings in the Cloyne report. Such findings are not emerging for the first time; they are part of a sequence in that we have had the Ferns and Murphy reports also. What is involved is a betrayal of trust and of the children who were abused, not supported and ignored. It is a betrayal of the trust that Irish people placed in the church, particularly the Catholic Church and its institutions, over a long period in all their dealings with children. The Government is determined to deal with this issue very effectively.

I will set out the legislative measures that the Government intends to bring forward. The failure to report cases of child sexual abuse to the Garda is the central difficulty identified in the Cloyne report. The Government is determined to have legislation in place to ensure that such a failure to co-operate will have consequences. The Minister for Justice and Equality published yesterday the heads of the Criminal Justice (Withholding of Information on Crimes against Children and Intellectually Disabled Persons) Bill. These heads can be discussed by the appropriate committee which will deal with the issue of consultation. The Bill will make it an offence to withhold information relating to the commission of a serious offence against a person under the age of 18 or an intellectually disabled person.

For some time, work has been been under way and consultation has been taking place between the Department of Justice and Equality and the Department of Children and Youth Affairs on drafting the heads of a national vetting bureau Bill, which will provide a statutory basis for the vetting of applicants for employment and employees working with children. The legislation will provide for the establishment of a national vetting bureau for the collection and exchange of both hard and soft information for vetting purposes. This Bill is being given priority and the Minister for Justice and Equality expects to be able to bring the heads to Government for approval before the end of this month. He intends to refer these to the Oireachtas Committee on Justice, Defence and Equality while work continues on the drafting of the legislation.

The Minister for Children and Youth Affairs has received Government approval to place the revised Children First national guidelines on a statutory basis. This will make compliance with the guidelines a statutory obligation and will ensure greater protection of children by strengthening the existing system for reporting and responding to suspected child abuse. It is intended to place a statutory obligation on every organisation working with children to protect and safeguard those children when in their care, including statutory, private, community and voluntary organisations. The legislation will underpin the provisions in Children First. This includes a requirement to share relevant information and to co-operate with other services in the best interests of the child. The legislative requirements therefore extend beyond reporting of suspected abuse and entail a more broad-based approach to the safeguarding of children.

Putting Children First on a statutory basis has been sought for many years and is a recommendation of the implementation plan from the Ryan report. In progressing this legislation, the Government has agreed that a range of sanctions will be developed to address any failure to comply with the Children First provisions. Later this week, the Minister for Children and Youth Affairs will publish revised Children First guidance designed to strengthen current arrangements for child protection. It is important that every possible step is taken to ensure full compliance with Children First.

In addition to the proposals to make compliance a statutory obligation, the Minister for Children and Youth Affairs will oversee an implementation framework which will set out the responsibilities of each Department and sector working with children. It will include strong emphasis on inspection and the need to provide demonstrable evidence that the guidelines are being properly implemented across all sectors. In the case of the health sector, the Minister proposes to extend the remit of the Health Information and Quality Authority, HIQA, to include oversight of the HSE's child protection services, including the operation of Children First. HIQA will have standards in place by the end of the year, and inspections of the HSE's child protection services will begin early in 2012.

The Minister for Children and Youth Affairs has requested the HSE's recently appointed national director for children and family services to write to HSE staff setting out the HSE's responsibilities on child protection and compliance with the revised Children First guidance including on extra-familial abuse. The strong legal advice to the Government is that section 3 of the Child Care Act 1991 provides sufficient powers to the HSE with regard to its ability to investigate third party or extra-familial child sexual abuse. This position will be set out for staff by the national director to ensure there is no uncertainty on this matter in the HSE.

In addition, the national director has developed an associated child protection and welfare practice handbook to support the implementation of Children First. The two documents will provide clearer direction and support to front line staff working with children. They will clearly set out the respective roles of the statutory agencies responsible for child protection including the HSE and Garda on the handling of complaints of child sexual abuse and are designed to achieve consistent practice throughout the State.

In my capacity as Minister for Foreign Affairs and Trade, I have already expressed concern about the findings in the report with regard to the Vatican which, of course, in addition to being a church authority is also a state which enjoys diplomatic relations with this country. Later today, I will meet the Papal Nuncio to communicate these concerns and views directly to him. There will be a debate in the House on the findings of the report on Cloyne. I understand it is being discussed by the Whips and the latest information I have is that it will be Tuesday or Wednesday, depending on the availability of Ministers and spokespersons. The Government is quite happy for the Whips to agree this and to make available whatever time is necessary.

Deputy Michael P. Kitt

I very much welcome what the Tánaiste has stated.

On a different issue, I know an overall review of the Official Languages Act 2003 was promised and some changes have been made regarding the translation of documents. Today, The Irish Times has an article on amending legislation to give official status to Daingean Uí Chúis. Will the Tánaiste state when the overall review promised in the programme for Government will happen? These are very small changes to the overall legislation.

The Tánaiste

The Minister is working on the review and when he is in a position to bring proposals to the Government he will do so. Any legislative changes which arise from this will be brought before the House in due course.

Deputy Martin Ferris

Is the Tánaiste aware that Jane Norman Limited has effectively ceased trading and gone into pre-pack administration with Zolfo Cooper? It has kept concession shops running under administration and re-opened 20 solo shops——

An Ceann Comhairle

Will the Deputy tell us where he was going here please?

Deputy Martin Ferris

I am coming to it.

An Ceann Comhairle

Thank you. Just give us an indication.

Deputy Martin Ferris

Is the Tánaiste aware the workers in this enterprise have not been paid since 15 May and have been told by Zolfo Cooper they will have to reclaim——

An Ceann Comhairle

This sounds like a matter for the Adjournment, Deputy.

Deputy Martin Ferris

I am coming to the point if the Ceann Comhairle will allow me.

They have been told by the administrators that they will have to reclaim redundancy from the Irish Government when they are eventually made redundant. These workers find themselves——

An Ceann Comhairle

The Deputy is stretching it a bit. Come on.

Deputy Martin Ferris

They cannot get social welfare——

An Ceann Comhairle

Is there legislation promised?

Deputy Martin Ferris

——and they are not being paid. They have been told over the telephone that they should pay themselves from the——

An Ceann Comhairle

The Deputy is out of order. He should put the matter down for the Adjournment.

Deputy Martin Ferris

I am asking——

An Ceann Comhairle

Sorry, you are not asking.

Deputy Martin Ferris

——about the companies consolidation and reform Bill. Is there an intention to deal with this issue? The taxpayer is taking up the redundancy, lost pay and sick pay for the workers.

An Ceann Comhairle

We have much business to get through.

The Tánaiste

The companies consolidation and reform Bill is very comprehensive legislation and my information is that it will probably be the middle of next year before the Bill is ready to be presented.

Deputy Billy Kelleher

Has the Government given any consideration to introducing appropriate legislation to deal with the potential extradition of Irish citizens to the United States? The Tánaiste might be aware that Sean Garland's case is before the High Court. Will legislation be required in the event of the case being decided?

An Ceann Comhairle

Is there promised legislation?

Deputy Billy Kelleher

Has the Tánaiste used his office to indicate——

An Ceann Comhairle

That is a matter for a parliamentary question.

Deputy Billy Kelleher

——the Government's concern at the potential extradition of an elderly man to the United States in view of the fact they were colleagues in previous times?

An Ceann Comhairle

The Deputy is out of order. Is there promised legislation?

The Tánaiste

There is no promised legislation.

Deputy Pearse Doherty

My question is on proposed legislation on upward only rent reviews. I have raised this issue on numerous occasions. Another report, the Jones Lang Lasalle report, has been referenced by NAMA on house valuations. It shows commercial property values reduced in the first six months by 7.2% but legislating for upward only rent reviews will see a further drop of between 20% and 30%, which will far surpass the most adverse criteria used in the stress tests. Is it the Government's intention to abolish upward only rent reviews? If so, will it not acknowledge——

An Ceann Comhairle

We cannot discuss the legislation.

Deputy Pearse Doherty

——that it will make the stress tests inadequate?

An Ceann Comhairle

A parliamentary question.

Deputy Pearse Doherty

A number of indices have already been surpassed with regard to domestic and GNP growth.

An Ceann Comhairle

Sorry, Deputy.

Deputy Pearse Doherty

It is appropriate——

An Ceann Comhairle

No, not on the Order of Business.

Deputy Pearse Doherty

——that we suspend the transfer of money at the end of July until we decide on the issue.

An Ceann Comhairle

Is there promised legislation?

The Tánaiste

Yes, there is promised legislation.

An Ceann Comhairle

Do not deal with the content.

The Tánaiste

The Government has promised legislation to deal with the difficulties many people in commercial life and businesses face whereby they have been locked into rents which cannot be revised downwards. This legislation is being considered by the Government and I expect the Minister will be in a position to make a statement on it in the near future.

Deputy Richard Boyd Barrett

I welcome the Tánaiste's announcement which followed the comments of the Minister, Deputy Frances Fitzgerald, on putting the Children First guidelines on an legislative footing. Will this legislation provide for full implementation of the Children First guidelines?

An Ceann Comhairle

We do not deal with the content of the legislation, just when the Bill will be taken.

Deputy Richard Boyd Barrett

I want to clarify whether the legislation will deal with the issue set out in the guidelines on neglect by omission when it comes to the failure of State agencies to provide the necessary educational and intellectual stimulation to all children.

An Ceann Comhairle

The Deputy will have to table a parliamentary question or submit a matter for discussion on the Adjournment.

Deputy Richard Boyd Barrett

How will this legislation be tallied——

An Ceann Comhairle

Such matters are not dealt with on the Order of Business.

Deputy Richard Boyd Barrett

——with cuts and quotas in the area of special needs which could cut across legislation in that regard?

An Ceann Comhairle

The Deputy must resume his seat. The Tánaiste has dealt with the proposal for next week and given——

Deputy Richard Boyd Barrett

I am asking about full implementation of a Bill.

An Ceann Comhairle

The content of legislation is not a matter for the Order of Business. Deputies who wish to raise such issues should table a parliamentary question or submit a matter for discussion on the Adjournment.

Deputy Richard Boyd Barrett

I asked about legislation.

An Ceann Comhairle

Deputies may ask when legislation will be taken but not about its content. We cannot have a debate on the Order of Business.

Deputy Richard Boyd Barrett

When will the legislation be taken?

An Ceann Comhairle

The Tánaiste has answered the question on the taking of the legislation and promised a debate next week. We will move on.

Deputy Bernard J. Durkan

I seek a brief update on the status of the mental capacity Bill, legal aid Bill, which is pressing legislation, and health insurance Bill, which is equally important in the current circumstances.

An Ceann Comhairle

When are the Bills promised?

The Tánaiste

The mental capacity Bill will be taken later this year. The legal aid Bill is being worked on as a priority and I hope it will be ready early in the next session.

Deputy Bernard J. Durkan

What is the position regarding the health insurance Bill?

The Tánaiste

I do not yet have a date for the Bill.

Deputy Noel Grealish

Does the Government propose to introduce legislation to protect sub-contractors who are not being paid? A number of builders who have been awarded State contracts have gone out of business halfway through the contract. They are then paid and subcontractors, who are left to carry the can, go out of business.

The Tánaiste

The Government is very much aware of the problem to which the Deputy refers and is conscious of the difficulties subcontractors have in this area. The Minister of State, Deputy Brian Hayes, is working on legislation which it is hoped will be introduced in the next session.