Dáil Éireann debate -
Thursday, 24 Nov 2011

Vol. 747 No. 5

Order of Business

The Tánaiste

It is proposed to take No. 3, Road Transport Bill 2011 — Committee and Remaining Stages; No. 14, Criminal Law (Defence and the Dwelling) Bill 2010 — Order for Report, Report and Final Stages; and No. 15 — statements on the report on infrastructure and capital investment 2012-2016 (resumed).

I wish to make the following statement for the information of the House. It is intended to sit on Monday, 5 December 2011 for statements on the Estimates by the Minister for Public Expenditure and Reform, Deputy Howlin.

An Ceann Comhairle

There are no proposals to be put to the House.

Deputy Éamon Ó Cuív

The A list comprises 30 Bills to be published before we return on 11 January. How many of these have been published to date? Is the Tánaiste still of the opinion that all 30 of these Bills will be published by 11 January? Can the Tánaiste confirm, as the Taoiseach promised in the House yesterday, that there will be no guillotines applied at any stage on the Water Services Bill which is to come to the House soon?

The Tánaiste

The following Bills have been published: the Irish Film Board (Amendment) Bill; the Energy (Miscellaneous Provisions) Bill; the Water Services (Amendment) Bill; the European Financial Stability Facility (Amendment) Bill; the Health (Provision of General Practitioner Services) Bill; the Health Insurance (Miscellaneous Provisions) Bill; the Competition (Penalties and Sanctions) Bill; the Legal Services Bill; the Public Service Pensions (Single Scheme) and Remuneration Bill; and the Road Traffic (No. 2) Bill. There are three Bills under the Department of Finance for which agreement has been made with the troika that their publication will be at a later date. They are the Central Bank (regulation of credit unions) Bill; the fiscal responsibility Bill; and the treaty establishing the European Stability Mechanism Bill. However, it is intended to publish those Bills early next year. It is intended to publish the remainder of the Bills as indicated on the A list this session. In addition to the Bills that were on the A list, three other Bills have also been published.

Deputy Éamon Ó Cuív

Is the Tánaiste saying the information we were given two weeks ago has now changed and that three of the Bills have already fallen off the list to be published by 11 January?

The Tánaiste

No.

Deputy Éamon Ó Cuív

The Government has only published one third of the Bills and more than half the time has gone.

An Ceann Comhairle

We are not having a debate on this.

Deputy Éamon Ó Cuív

All the Government has done is publish one third of the Bills on the list. Now we are told that three have fallen aside. I presume between now and 11 January, more will fall off the card and that once again we will be given wrong information by the Tánaiste in the House.

Deputy Paul Kehoe

The Deputy should look at his own record in government.

Deputy Éamon Ó Cuív

I ask the Tánaiste to clarify the issue of the Water Services Bill.

The Tánaiste

I am somewhat surprised that Deputy Ó Cuív of all people would have such a poor grasp of mathematics. In addition to the Bills on the A list which have been published, three other Bills that were not on the original A list have been published. The intention still is to publish these Bills. As I indicated, the requirement to publish some of the Bills comes from the memorandum of understanding, a document with which the Deputy should be familiar as the Government of which he was a member negotiated and agreed it. There were commitments in respect of some Bills which were required to be published by the end of this year. As part of the renegotiation the Government has done with the troika, the time limit for publication of these Bills has been moved forward. The Government is continuing to prepare those Bills and will publish them as quickly as possible. I am simply saying they may not be published before the end of this session. The intention with regard to the rest of the legislative programme on the A list is to progress that by the end of this session.

An Ceann Comhairle

I call Deputy McDonald.

Deputy Éamon Ó Cuív

What about the Water Services Bill?

An Ceann Comhairle

I ask Deputy Ó Cuív to resume his seat.

Deputy Éamon Ó Cuív

An undertaking was given in the House yesterday——

An Ceann Comhairle

Excuse me, Deputy Ó Cuív.

Deputy Éamon Ó Cuív

——that there would be no guillotine and we would all get ample opportunity to contribute. I ask the Tánaiste to confirm that.

An Ceann Comhairle

I ask Deputy Ó Cuív to resume his seat. I have called Deputy McDonald and I ask Deputy Ó Cuív to show some respect to his colleagues.

Deputy Mary Lou McDonald

Today is the first of 16 days of action against violence against women. In respect of the programme for Government commitment to consolidated and reformed domestic violence legislation, I got a very disappointing answer to a parliamentary question from the Minister for Justice and Equality, Deputy Shatter, who stated that he had more urgent legislative matters in respect of the troika programme to attend to. When can we expect this reform legislation, which is urgent particularly given the rise in women experiencing violence in their homes?

A Deputy

What about Jean McConville?

An Ceann Comhairle

Is legislation promised?

Deputy Mary Lou McDonald

It has been promised but has not yet been scheduled. I ask the Tánaiste to pursue this as a matter of urgency and to ensure that funding for services that protect women and their children who find themselves——

An Ceann Comhairle

That is not a matter for the Order of Business.

Deputy Mary Lou McDonald

——in violent situations is ring-fenced.

An Ceann Comhairle

That is a matter for a parliamentary question. I call the Tánaiste on promised legislation.

The Tánaiste

I share the Deputy's concern on the issue of domestic violence. This is an issue about which the Government is seriously concerned and that is why the programme for Government contains a commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation. While that legislation is being prepared, as the Deputy has already been informed, the Civil Law (Miscellaneous Provisions) Act 2011 has been widened to include protections provided in the Domestic Violence Act 1996. A minimum period of cohabitation is no longer required before one of a cohabiting couple may apply for a safety order. Previously the applicant was required to have resided with the respondent for at least six of the previous 12 months. Same-sex couples now have the same access to the protection of the Domestic Violence Act as opposite-sex couples. The scope of section 2 of that Act, which specified who may apply for a safety order, has been broadened to enable a person to obtain a safety order against a person with whom he or she has a child in common.

An Ceann Comhairle

I call Deputy Higgins.

Deputy Mary Lou McDonald

I am aware of all that but can the Tánaiste indicate when the full package will come before the House?

An Ceann Comhairle

No. I have called Deputy Higgins.

Deputy Joe Higgins

Next Thursday the local government household charges Bill is scheduled. However, the draft schedule indicates that only five hours is allocated for not just the Second Stage, but all Stages of that Bill. Given that this has profound implications and represents the thin end of the wedge providing for two new taxes on property and water, which could amount to €1,300 for each household eventually, far more time than that is needed. A guillotine on that Bill will not be acceptable. I ask the Government to allow sufficient time for every Deputy who wants to contribute on all Stages. Despite the seriousness of the Bill, it has not yet been published. I cannot get a time for when it will be in the hands of Deputies. When will the household charges Bill be published and made available to Members?

The Tánaiste

I expect that it will be published by the weekend. The time arrangements for its discussion may be discussed with the Whips.

Deputy Brian Stanley

In line with the commitment contained in the programme for Government, I ask the Tánaiste to give a commitment that the Minister for the Environment, Community and Local Government will introduce a climate change Bill. The Minister will travel to Durban on 29 November to participate in critical climate change discussions. It is unacceptable for him to do so without the Government, at least, having in place a firm commitment to introducing that legislation.

An Ceann Comhairle

Has such legislation been promised?

The Tánaiste

There is no ambiguity about the matter. There is a commitment in the programme for Government that a climate change Bill will be produced and that commitment will be honoured.

Deputy Brian Stanley

When?

An Ceann Comhairle

I call Deputy Tom Fleming.

Deputy Brian Stanley

I have not received an answer. When will the commitment be honoured?

Deputy Tom Fleming

When will legislation be introduced in the House regarding the single tier health system proposed in the programme for Government? I note it is also proposed to establish a hospital fund within that system. Both yesterday evening and this morning there has been devastating breaking news about hospitals and one major nursing home, St. Columbanus Home in Killarney.

An Ceann Comhairle

I am sorry, Deputy, but we cannot have a debate on the matter.

Deputy Tom Fleming

Moreover, three district hospitals——

An Ceann Comhairle

Is this a matter for a parliamentary question?

Deputy Tom Fleming

——in Dingle, Caherciveen and Listowel are being hit, with 50 beds being lost. This is drastic action.

An Ceann Comhairle

If the Deputy were to table a parliamentary question——

Deputy Tom Fleming

I ask the Tánaiste to request the Minister for Health, Deputy Reilly——

An Ceann Comhairle

——or seek to raise the issue in a topical issue debate, I would consider it.

Deputy Tom Fleming

——and his two Ministers of State, Deputies Kathleen Lynch and Shortall——

An Ceann Comhairle

I must ask the Deputy to resume his seat. However, if he would care to table——

Deputy Tom Fleming

I ask that this matter be looked at seriously.

An Ceann Comhairle

No, we are only dealing with promised legislation.

Deputy Tom Fleming

There is huge panic among senior citizens in County Kerry, as well the staff of these hospitals and nursing homes.

An Ceann Comhairle

No legislation has been promised.

Deputy Tom Fleming

The Tánaiste should respond positively because this matter is a source of great concern.

An Ceann Comhairle

Is legislation required?

The Tánaiste

The Deputy is correct that the Government is undertaking major reforms of the health service and the HSE, some of which will require legislation. When that legislation has been prepared, it will be introduced. I also agree with the Deputy that some of the exceptionally apocalyptic stories appearing in some sections of the newspapers on hospital closures are way off the mark.

Deputy Paul Kehoe

Deputy Griffin will look after the Deputy.

An Ceann Comhairle

We are running short of time and I want to facilitate as many Deputies as I can.

Deputy Richard Boyd Barrett

On legislation the Government intends to introduce next week, it is bad enough that it intends to impose a regressive stealth tax on the most basic items human beings need to survive, namely, housing and water——

An Ceann Comhairle

Would the Deputy mind dispensing with the preliminaries, as other Deputies are queueing up?

Deputy Richard Boyd Barrett

This matter relates to the schedule of business for next week. It is bad enough——

An Ceann Comhairle

The Deputy should just ask about that business.

Deputy Richard Boyd Barrett

As I stated, I am specifically asking about legislation to be introduced next week. It is bad enough that the Government is proposing to impose taxes on housing and water services——

An Ceann Comhairle

Would the Deputy, please, cut out the preliminaries?

Deputy Richard Boyd Barrett

At the very least, will the Government do the House and the public the courtesy of not using the guillotine? I ask the Tánaiste to give that commitment now, rather than batting the issue off to the Whips.

An Ceann Comhairle

To which legislation is the Deputy referring?

Deputy Richard Boyd Barrett

I am referring to legislation included in next week's schedule.

An Ceann Comhairle

What is it?

Deputy Richard Boyd Barrett

The legislation on household charges.

An Ceann Comhairle

The Deputy did not say that.

Deputy Richard Boyd Barrett

Will the Tánaiste give a commitment——

An Ceann Comhairle

There are other Deputies offering, for whom six minutes remain.

Deputy Richard Boyd Barrett

——that Members will have a proper amount of time to debate that legislation?

An Ceann Comhairle

Will the Deputy please show respect for his colleagues?

The Tánaiste

As I stated, the time arrangements for the debate can be discussed by the Whips. The House will obviously make whatever arrangements it wishes. Moreover, in my experience, during the lifetime of the Government, there has been no great difficulty in the amount of time made available to the Opposition to make its case on legislation. The only difficulty I can see is that the Opposition often does not use up the time made available to it.

Deputy Richard Boyd Barrett

That is not true——

The Tánaiste

The Government gives it time, but it is unable to keep the debate going.

(Interruptions).

Deputy Richard Boyd Barrett

That is not true of the Technical Group.

Deputy Paul Kehoe

Deputy Mattie McGrath does not talk for long enough.

An Ceann Comhairle

Deputies, please.

Deputy Mattie McGrath

What?

Deputy Paul Kehoe

Is the Deputy also deaf?

Deputy Dominic Hannigan

All Departments are trying to make savings and one area in which savings could potentially be made is the use of generic drugs. Some 90% of the drugs used are branded, although in other countries a lot more generic drugs are used. One way to fix the problem is through the health (pricing and supply of medicines) Bill. When will that legislation be brought before the House because it has the potential to save the Exchequer several hundred million euro?

The Tánaiste

The heads of the Bill have been approved. The Bill is being drafted and I expect it to be published early next year.

Deputy Bernard J. Durkan

I wish to refer to two important items of promised legislation, the first of which is the national vetting bureau Bill which I acknowledge is in hand. I wish to ascertain its progress and when it is likely to become law. The second which is of equal importance is the companies (consolildation) Bill. While I acknowledge it is a highly complicated consolidation Bill that will take a long time to draft, it is of fundamental importance to the country and the economy.

The Tánaiste

The national vetting bureau Bill is being worked on as a matter of priority, although there are complex legal issues involved. As I have stated previously, the companies (consolidation) Bill is major legislation, comprising approximately 1,200 heads. Its publication is expected in the middle of next year.

Deputy Paudie Coffey

I refer to the betting Bill and note that huge amounts of revenue are leaving Ireland by way of online betting and gambling. When will the Bill be introduced and will it capture that revenue to redress the imbalance, particularly given the current economic crisis?

The Tánaiste

While I do not have a date for publication of the Bill on online betting, I will ask the Minister to communicate directly with the Deputy.

Deputy Mattie McGrath

I wish to inform the Chief Whip that, thank God, I am not deaf or blind. I would like him to withdraw that comment.

In line with the questions asked by Deputies Higgins and Boyd Barrett, I refer to the Water Services (Amendment) Bill which is due to be taken next week but which has not yet been published. This is shameful. While the aforementioned Deputies referred to the household and water charges, I refer in the main to the proposed septic tank charge which could be as high as €15,000 for some householders.

An Ceann Comhairle

We cannot debate the legislation now.

Deputy Mattie McGrath

I am not debating it, but I want to know when it will be published. Moreover, will there be adequate time for debate without use of the guillotine? It would be completely wrong to impose such a measure, as the matter is too serious for that, as Deputies opposite will find out when they return to their constituencies. The debate should not be guillotined. While it is a murky matter, one should not muddy the waters too much.

An Ceann Comhairle

I think this question has been answered, but perhaps the Tánaiste might repeat the answer.

The Tánaiste

The Water Services (Amendment) Bill has been published and is before the Seanad.

Deputy Paul Kehoe

It has been published for the last three weeks.

The Tánaiste

When it has completed its passage through the Seanad, it will be brought before this House.

Deputy Bernard J. Durkan

Is Deputy Mattie McGrath sure about his hearing?

Deputy Paul Kehoe

He should talk to his Whip.

Deputy Mattie McGrath

Yes, but the debate is going to be guillotined.

Deputy Paul Kehoe

The Deputy must have heard that.

Deputy Mattie McGrath

Must Members hear such comments from the Chief Whip all the time?

An Ceann Comhairle

I did not hear it. I cannot hear because everyone is shouting.

Deputy Mattie McGrath

The Ceann Comhairle is closer to him than I am.

Deputy Arthur Spring

Legislation has been promised to deal with the issues of immigration, residency and asylum. The Tánaiste should indicate when it will be brought before the House because there is a need for such matters to be transacted in a more transparent manner.

An Ceann Comhairle

I am sorry, but we did not hear the first part of the Deputy's question.

Deputy Arthur Spring

Legislation has been promised on the immigration, residency and asylum systems to ensure a more transparent format. When will it be brought before the House?

The Tánaiste

There is an immigration Bill which has reached Committee Stage. I will be obliged to ask the relevant Minister to revert directly to the Deputy.

Deputy Brendan Griffin

In view of the news yesterday that there still appears to be a major threat of dissident activity, will the explosives Bill be prioritised and introduced sooner rather than later?

Deputy Aengus Ó Snodaigh

Is that dissident activity on the part of the Labour Party?

The Tánaiste

The explosives Bill is expected——

Deputy Éamon Ó Cuív

On budget day.

The Tánaiste

——early next year.

Deputy Joe Higgins

It will be introduced on 6 December.