It is proposed to take No. 11, Property Services (Regulation) Bill 2009 [Seanad] — Order for Report and Report and Final Stages; No. 12, National Tourism Development Authority (Amendment) Bill 2011 — Order for Report and Report and Final Stages; and No. 20, statements on the report by the interdepartmental working group on mortgage arrears (resumed). Private Members’ business shall be No. 36, motion re local authority rates.
Order of Business
I am disappointed there will be no specific statement on the circulation of budgetary proposals to German parliamentarians. I tabled a special notice question and I accept the Ceann Comhairle has overruled my request for the Minister for Finance to outline the circumstances of how the pre-budget proposals from the Department of Finance were distributed to outside bodies, particularly members of the German Parliament.
The Deputy knows he is out of order.
It is the height of arrogance on the part of the Taoiseach to say he will consider whether he should circulate the documentation now given it is in the possession of 41 members of the German Parliament. It is a disgrace and treats this House with contempt.
This is totally out of order. There are four more people offering and I will not allow this.
We have a very good reason for it. The Government could have pre-empted this.
The Deputy may think so but he must change Standing Orders.
I believe so. I am a Member of Parliament, I was elected by the people and we should have got the documentation in advance of the German Parliament getting it.
I am charged with the responsibility of adhering to the Standing Orders of this House. I must abide by them and I try to be fair to everyone. The Deputy cannot jump up and down raising issues that are totally out of order. The Deputy knows that himself. He is long enough around here.
I am not jumping up and down without very good reason.
Please, Deputy.
I am asking the Taoiseach to allow time for a discussion.
Ask the Whip to do it.
I will not, it is too important for that. I thought the Taoiseach would come in today and give at least 45 minutes to outline to the House how German parliamentarians got budget proposals in advance of Irish parliamentarians.
Would the Deputy resume his seat? He is out of order.
It is a very simple question. I am asking to give time today in this House to give an adequate explanation to Members of how this happened.
That is what Whips are for.
Second, I am making a simple request that the Taoiseach circulate the documentation to Members of the House. It is a basic entitlement that we should receive them.
I have asked the Deputy to resume his seat three times. Would he please do so?
We are being treated with contempt.
The Deputy is treating the House with contempt.
I reject that.
The Deputy is treating it with contempt. I have asked him three times to resume his seat.
Someone must protect the rights of Dáil Members.
I reject what the Deputy just said. I protect the rights of Members here.
I do not think I am being protected.
The Ceann Comhairle did not protect me last week.
I do not want any comment from Deputy McGrath either.
The Ceann Comhairle did not protect me last week either. He is not being fair.
Deputy McGrath should resume his seat.
I am in my seat.
I came here to oppose the Order of Business but as the Ceann Comhairle has pointed out, there is no proposition. I oppose it because I want to ask for a debate on this issue. It is entirely legitimate for the Taoiseach to set time to one side for this. When the news first broke, the Taoiseach said he had no idea how this happened, while the Tánaiste said he was confused. The Minister for Finance has since confirmed his proposals were involved.
I ask Deputy Adams to resume his seat. He is out of order.
The problem is that we cannot have a debate here but they can have a debate in Germany.
The problem is that I must obey Standing Orders. The Deputy is out of order.
I am asking the Taoiseach.
Will the Deputy please resume his seat? Who else wants to raise a matter relevant to the Order of Business?
I refer to pending legislation, the landlord and tenant Bill, to reform and consolidate the general law on landlords and tenants. Based on Threshold's latest report, which shows the organisation had 20,000 queries on illegal notices, evictions, sub-standard housing and deposit retention, would the Taoiseach consider fast-forwarding the Bill over the next couple of months?
The landlord and tenant Bill will be next year.
Could the Taoiseach give a date? Will it be early? Based on Threshold's——
Next year.
I do not have an indicative date but I will check on the status of the heads of the Bill and advise the Deputy accordingly.
On proposed legislation, when can the Dáil expect to see the legislation to regulate the collection of domestic waste? In Dublin, it is still the responsibility of the local authorities. In other counties, the service has been privatised, and has been privatised for many years in some. When will we see proper legislation? Will it include a waiver scheme? There is patchiness in that parts of the State have a waiver scheme while others, including my county, do not.
That is a matter for a parliamentary question.
It is on legislation.
As far as I can recall, I do not believe there is legislation promised in that area. Perhaps the Deputy will raise a topical issue or put a question directly to the Minister.
No legislation is promised.
On the building regulations and the fact that there was a self-certification system operating in the building industry for the past 15 years, has the Taoiseach any plans to introduce new legislation? I acknowledge——
Is legislation promised?
——the presence of the Priory Hall residents' committee, which protested earlier——
The Deputy is out of order and should resume his seat. He may raise the issue as a topical issue or through a parliamentary question.
Priory Hall——
I ask the Deputy to resume his seat.
On the same issue——
Is there promised legislation on the first issue?
On the same issue, and in support of my colleague Deputy Flanagan——
The Deputy is out of order.
Three weeks ago, the Ceann Comhairle would not let us have a debate in the House on Priory Hall.
The Deputy has a request tabled for a Topical Issue debate and I will consider it tomorrow.
Three weeks later, there has been no debate. People are homeless and living like refugees in their own country.
I ask the Deputy to resume his seat.
My colleague and I are trying to get the Taoiseach to take some action and reply to us.
I ask the Deputy to resume his seat.
Can the Taoiseach say something on this matter?
We have had the matter debated in this House.
People are homeless.
Deputy Terence Flanagan, who has raised this matter, has been in contact with some people from Priory Hall, who happen to be here. Deputy Broughan makes a strong case in support of Deputy Flanagan on this occasion. Everybody understands the absolute difficulty people found themselves in. Some are still in one of two Dublin hotels. Dublin City Council has been making some progress in dealing with specific families. Thirty-seven were placed in apartments close to Priory Hall which were nominated by NAMA and accommodation was secured for five families by courtesy of one of the voluntary housing organisations. Dublin City Council agreed to give 57 residents in receipt of rent supplement deposits to secure private rented accommodation as an alternative to hotel accommodation. One can understand the frustration of some people. A number of families are staying in accommodation sourced by themselves.
It is understood that three mortgage lenders have agreed to a three-month moratorium on mortgage repayments. There are three distinct aspects to this matter, as Deputies will be aware: fire safety risk issues; non-compliance with planning permission; and non-compliance with the building regulation requirements. This case came before the High Court again on Friday, 11 November. Dublin City Council asked the President of the High Court to vacate his previous order requiring it to pay alternative accommodation, storage and rent differential costs of 240 residents who were evacuated from Priory Hall complex pending completion of the works. The council stated that while it had brought its evacuation applications, the fire authority had no responsibility in law for the housing or other costs of the residents. Mr. Justice Kearns refused the application. The Minister for the Environment, Community and Local Government has made it clear he wishes to see action in respect of this also. The Building Control Act 1990 clearly places responsibility for compliance with the building regulations on the owner of the building concerned and on the builder-developer who carries out the works. Enforcement of those regulations is primarily the responsibility of the 37 local authorities.
Is this in order?
The Taoiseach put me in a very awkward position.
Gabh mo leithscéal.
It was open to the Government to come to the House to order this business, this topic, and give a proper report. The other side of the House is now asking whether the Taoiseach's remarks are in order. I try to be fair to both sides. If this issue is so important, it should have been on the Order of Business today as an item. A report could have been given for 20 minutes.
Deputies
Hear, hear.
If I allow one Member in, I am then accused of being biased.
My apologies.
I am trying to stick to Standing Orders. This applies as much to Ministers as to Deputies.
It has been submitted for a Topical Issue debate.
I ask Members to obey the rules of the House in future.
It has been submitted for a Topical Issue debate for weeks.
The Deputy has been looked after very well by way of topical issues. I allowed this issue as a Topical Issue debate. It is grossly unfair that——
(Interruptions).
Do the Deputies see what is happening now? I ask the Deputy to resume his seat.
How is one to be looked after? I have submitted 15 items and cannot get one accepted.
I ask the Deputy to resume his seat.
The Ceann Comhairle is not being fair. How could he look after so many topical issues——
Will the Deputy please resume his seat?
I will. Where is the fairness?
Will the Deputy please resume his seat?
Where is the fairness?
On a point of order——
I would appreciate it if Members stuck to the rules of the House as laid down in Standing Orders, or else changed the Standing Orders.
The same applies to the Chair.
I have asked for other changes to Standing Orders but they have not been made yet.
The same applies to the Chair.
On a point of order——
I will not take any more comments from Deputy McGrath on my behaviour in the Chair. I try to be fair to everybody. I ask him to resume his seat.
I will but it is not fair.
On a point of order, will the Ceann Comhairle facilitate my request for a Topical Issue debate on the closure of Kickham Barracks, Clonmel, which request has been submitted for the past——
I will consider the issue.
Excuse me, it is a very topical issue.
I will consider the issue.
It was submitted every day last week and was submitted again today, but it has still not been accepted.
Will the Deputy please resume his seat? There were 29 requests——
Will the Ceann Comhairle facilitate the debate?
Will the Deputy please resume his seat? There are 29 requests in today for Topical Issue debates. I try to spread them fairly——
It is not fair.
——among Government and Deputies——
For six days——
Will the Deputy please resume his seat? I call Deputy Dooley.
Surely it is a topical issue. It concerns a huge attack on families of Clonmel and others around the country, and it is a huge attack on the town of Clonmel.
Will the Deputy resume his seat?
Not alone is our barracks being attacked, our hospital is also being attacked.
I ask the Deputy to resume his seat.
The Labour Party wants to close our acute psychiatric unit.
The Deputy should show some respect for the Chair and the institution to which he is elected.
That goes both ways.
I call Deputy Dooley for the last time. He should just ignore Deputy Healy.
I find that difficult to do. I seek the Ceann Comhairle's guidance on how I might propose an amendment to today's Order of Business.
Unfortunately, you cannot, and you know that as well as I do.
It is to allow some time to discuss the circulation of budget documents.
The Deputy cannot do so. I call Deputy McConalogue.
Is it not possible under Standing Orders? I seek the Ceann Comhairle's advice.
The Deputy cannot amend the Order of Business.
I have had my hand up since the beginning of the Order of Business.
Could the Ceann Comhairle help me and tell me how I might do so as a Member of this House?
The Deputy will be called in a moment.
I seek the Ceann Comhairle's advice.
Will the Deputy please resume his seat?
Could the Ceann Comhairle tell me how I might do so?
If the Deputy comes to me afterwards, I will advise him.
Does the Taoiseach intend to take the Water Services (Amendment) Bill through the Dáil before Christmas? Is there an update on when it is likely to come before us? Will the Taoiseach agree to making a statement in the Dáil on the North-South Ministerial Council meeting, which took place last week? It was a very important meeting and it is entirely appropriate that time be allowed in the House to discuss it.
Will the Taoiseach please answer the question about promised legislation?
Will the Taoiseach agree to do that either this week or next week?
The answer to the first question is "Yes". I expect the legislation to be taken before Christmas but I cannot give the Deputy the exact day. I would be happy to consider his request for an opportunity to discuss the North-South Ministerial Council held in Armagh last Friday.
My query is on legislation. In the case of A, B and C v. Ireland, the Grand Chamber of the European Court of Human Rights ruled unanimously that Ireland failed to implement the existing constitutional right to a lawful abortion in Ireland when a woman’s life is at risk, including through the risk of suicide. When will the relevant legislation be introduced in the House?
I cannot give the Deputy an indication as to when that legislation will be brought into the House.
I will advise the Deputy on the timescale envisaged for it.
Does the Government propose to amend the Finance (No. 2) Act 2011? I am not sure if it was the intention that the 0.6% levy would turn into 10% of the pensions paid to certain workers, such as the pensioners of Tara mines.
Is legislation promised?
Is it likely that the legislation will come before the House for amendment in light of these possibly unintended consequences?
Thank you.
If the Ceann Comhairle will allow me to briefly raise a second matter, I ask the Taoiseach to allow statements on a world historic event that is both terrible and important, namely, the movements for democracy that are being crushed in Egypt and Syria. Can we have an opportunity to debate these matters?
I ask the Deputy to speak to his Whip about arrangements for a debate. Is legislation promised in regard to the Finance (No. 2) Act 2011?
The Act to which Deputy Boyd Barrett referred passed through the House on 2 June and no commitment has been made to re-enter it into the House.
If the Deputy wishes to raise the question of Egypt and Syria, he might do so by way of topical issues or question.
I attempted to do so but was refused.
He can raise the matter at the Whips meeting or refer it directly to the Joint Committee on Foreign Affairs and Trade.
Where stands the Construction Contracts Bill 2010? The Taoiseach may recall the collapse earlier this year of a home payments organisation. What is the position regarding the legislation that was to be introduced to address the issues arising?
I understand the Construction Contracts Bill 2010 is on Second Stage in the Dáil. Will the Deputy repeat his second question?
Does the Taoiseach recall the collapse of a home payments organisation based in Rathmines earlier this year? It was suggested that legislation would be introduced to deal with the issues arising.
I will have to revert to the Deputy with the up-to-date position on the matter.
In light of a report published in one of Sunday's newspapers, is it still the Government's intention to introduce the landlord and tenant (business leases review) Bill to the House before Christmas, as promised in the programme for Government?
We have committed to that for this session and I expect the commitment can be met. The timeline is challenging for the legislative programme between now and the end of the year but I expect it will be met.
Cén uair a bheidh díospóireacht anseo faoin Legal Services Regulation Bill?
Tá sé foilsithe. Is dócha go mbeidh díospóireacht ag cruinniú na nAoirí ionas go mbeidh sé ar an gclár díospóireachta. Níl mé cinnte cathain go díreach a dtarlóidh an díospóireacht sin, ach cuirfidh mé scéal chuig an Teachta faoi.
I want to know why the Taoiseach cannot advise us on a timescale for the promised legislation to deal with the judgments in A, B and C. It is in the programme for Government and we are under a spotlight from the European Court of Justice. The Government's delay is causing serious problems for thousands of Irish women. I do not accept the Taoiseach's response to Deputy Joan Collins. We need an accurate appraisal of when the legislation will be introduced.
I would also like to know the timescale for the animal health and welfare Bill and whether that legislation will propose a ban on fur farming.
I am not in a position to give the Deputy an exact time for the Bill, no more than for any other legislation.
An idea might be nice.
As she will be aware, things change pretty rapidly in here even after one might have set out a programme or schedule of tentative timelines.
It has been waiting for 20 years.
I will advise the Deputy who asked the initial question on the indicative timescale. Certain procedures must be followed, as Deputies will be aware.
Perhaps the Taoiseach will give us a clue.
I ask the Taoiseach to be more specific regarding the Water Services (Amendment) Bill 2011. He indicated that it might be introduced before the end of the year. Will it be introduced before Christmas and will inspectors and fellows like the Peep o' Day Boys be going around back gardens on Christmas week and St. Stephen's Day to inspect water tanks?
On the Water Services (Amendment) Bill.
This is outrageous legislation and I want to know when it will be introduced because we do not want these unwarranted people in our gardens and houses. We got rid of the British and we do not want these agents coming in.
Santa.
Santa would be welcome but these people will not be welcome, because they will impose inordinate hardships on families.
The Taoiseach is about to answer the Deputy.
It will be taken before Christmas.
Will we have it for Christmas week?
It depends on how long the Deputy speaks.
Turkeys for Christmas.
The programme for Government commits to legislative and constitutional amendments to implement a ban on corporate donations. We debated this issue on Friday in the Taoiseach's absence. The Minister for the Environment, Community and Local Government, Deputy Hogan, who was the only Minister present, stated that a constitutional ban would not be possible because of international commitments. I ask the Taoiseach to enlighten us on whether he still intends to ban corporate donations to political parties and, if so, when he intends to do so.
I was at the North-South Ministerial Council in Armagh, as were several Ministers. The Minister, Deputy Hogan, is responsible for this area. He has already set out his views and indicated the nature of the legislation he intends to introduce to deal with the question of corporate donations to political parties. He is well advanced in drafting that legislation.
Will the Taoiseach ask the Chief Whip to engage with other party Whips to organise statements on the circulation of budget documents to German parliamentarians? I also ask him to circulate those documents to every Member of the House so that we can prepare for the debate.
The Minister for Finance has already made it perfectly clear in his letter to the Commissioner, Mr. Rehn, that the documentation required to be sent to the Commission because of the mess in which we found ourselves was sent from the Commission to the staff of the committee concerned. That is the trail. Deputy Dooley wanted to know how that happened.
We know that.
When will we get the documents?
If the Deputy wants to have that matter raised at the Whips' meeting he should ask his Whip to do so. Do not tell me to confront the Chief Whip about these matters.
The Taoiseach orders the business of the House.
If he wants an issue raised at the Whips' meeting he should ask his Whip to do it.
What are you hiding, Taoiseach?
Speak through the Chair.
What are you hiding?
It is your fault anyway.
It is not.
I call Deputy Higgins.
You brought them in here.
Circulate the documents.
You brought them in here.
I have called Deputy Higgins.
Silly carry on.
You brought them in here.
I have three questions. The Taoiseach did not answer the question raised by my colleague, Deputy Clare Daly, regarding when the animal health and welfare Bill will be brought before the Dáil and whether it will include a ban on fur farming.
With two weeks to go to the budget, will the local government charges Bill, which provides for a household tax, be introduced, debated and passed in advance of budget day? I ask the Taoiseach to be precise because he previously indicated that it would be introduced this session. We are rapidly running out of time.
The Deputy asked about the animal welfare Bill.
That was No. 1. Tá an Rialtas ag iarraidh cíos a chur ar thithe. Dúradh liom cheana féin go dtiocfadh an cíos isteach sa seisiún seo. Níl ach coicís fágtha roimh an mbuiséad. Cathain go cruinn a thiocfaidh sé os comhair na Dála?
When the Minister for Finance introduced the pension levy, was he aware it would take out 10% of the annual wages of Tara miners for the next four years?
The Deputy is stepping out of line.
It is 10% not 0.6%.
We cannot discuss that matter at present.
It equates to €1,000 per year for low paid pensioners.
It is a made up story.
It is not a made up story.
Is breá liom Gaeilge Daingean Uí Chúis a chloisteáil anseo. Gabhaim buíochas leis an Teachta. Is fíor go bhfoilseófar an Bille faoi chaighdeán maireachtála na n-ainmhithe roimh an Nollaig. Beidh an Bille faoi luach an chíos ar thithe, mar a thug an Teachta air, foilsithe roimh an Nollaig freisin. Tá an tríú ábhar a d'ardaigh an Teachta — cúrsaí pinsin — freagartha agam go minic anseo. Ba cheart go mbeadh tionscal in ann na costais sin a sú isteach iontu fhéin.
Tá siad á chur i bhfolach os na hoibrithe.
Mar a dúirt mé, bhuail mé le iar-oibrithe as Teamhair cúpla seachtain ó shin. Beidh cead acu bualadh leis an Aire nuair a bheidh am aige.