Dáil Éireann debate -
Friday, 16 Dec 2011

Vol. 750 No. 3

Order of Business

The Tánaiste

It is proposed to take No. 11a, motion re Standing Order 27A; No. 12, motion re proposed approval by Dáil Éireann of the Double Taxation Relief (Taxes on Income and Capital) (Federal Republic of Germany) Order 2011 — back from committee; No. 13, motion re proposed approval by Dáil Éireann of the Double Taxation Relief (Taxes on Income) (Kingdom of Saudi Arabia) Order 2011 — back from committee; No. 14, motion re proposed approval by Dáil Éireann of the Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Armenia) Order 2011 — back from committee; No. 15, motion re proposed approval by Dáil Éireann of the Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Panama) Order 2011 — back from committee; No. 16, motion re proposed approval by Dáil Éireann of the Exchange of Information Relating to Tax Matters (Republic of Vanuatu) Order 2011 — back from committee; No. 17, motion re proposed approval by Dáil Éireann of the Exchange of Information Relating to Tax Matters (Grenada) Order 2011 — back from committee; No. 6, Bretton Woods Agreements (Amendment) (No. 2) Bill 2011 — Second Stage (resumed); and No. 8, Legal Services Regulation Bill 2011 — Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that No. 11a and Nos. 12 to 17, inclusive, shall be decided without debate and in the case of Nos. 12 to 17, inclusive, they shall be moved together and decided by one question which shall be put from the Chair; and the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 11 January 2012.

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with No. 11a and Nos. 12 to 17, inclusive, agreed? Agreed. Is the proposal that the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 11 January 2012, agreed?

Deputy Éamon Ó Cuív

It is agreed.

Deputy Jerry Buttimer

Deputy Mary Lou McDonald is very quiet.

(Interruptions).

An Ceann Comhairle

I was afraid for a moment that Deputy Ó Cuív wished to extend the period.

Deputy Éamon Ó Cuív

Ag an am seo den bhliain tá nós againn gach dea-ghuí a ghuí, agus ba mhaith liom gach uile rath a ghuí ar gach uile dhuine sa Teach. Tá mé cinnte go dtuigeann na Teachtaí Dála nua an obair atá á dhéanamh ag Teachtaí Dála agus go bhfuil an saoire tuilte go maith acu. I am sure all the new Deputies now fully realise something they might not have realised this time last year, that public representatives have a heavy workload. The littlebreak is more than well deserved and there is a lot of work to be done back home in the meantime.

Deputy Peter Mathews

A lot done, more to do.

Deputy Éamon Ó Cuív

I hope that Deputies will have an opportunity to spend some time with their families as well as looking after their constituencies.

I wish to record thanks to all the staff of the House who give us very good advice and assistance during the year. On a sadder note, there has been one death of a Member of this Dáil, the sad death during the year of Brian Lenihan, whom I know we all remember at this time.

Duitse, a Cheann Comhairle, agus don Leas-Cheann Comhairle, guím séan agus sonas don Nollaig. Tá súil agam nach mbeidh samhail an chloigín bheag sin atá agat ag cur rian i do chloigeann i gcaitheamh na Nollag.

I hope when the Ceann Comhairle is at home over Christmas that the sound of that bell will not be putting a spin in his head and that during Christmas he will not be visualising all of the obstreperous Deputies.

Deputy James Reilly

A particular case of tinnitus.

The Tánaiste

I join with Deputy Ó Cuív and with other Members in wishing a happy Christmas and new year to the Ceann Comhairle, to all the Members of the House, to the staff of the House and of our respective offices and political parties, and to the press who cover the events here in the House. This has been a long session, probably the longest session of any Dáil. We returned in early September and we will resume in early January. Much work has been done here over the course of the past session.

I join with Deputy Ó Cuív in remembering the late Brian Lenihan and in particular remembering that it was at this time just two short years ago that we heard the sad news of his illness. It is appropriate that we remember him on this day.

Guím Nollaig shona ort, a Cheann Comhairle, ar gach Teachta, orthu-san atá ag obair anseo i dTeach Laighean, ar lucht an phreasa agus ar gach uile dhuine a bhfuil baint aige le hobair Theach Laighean. Tá súil agam go mbeimid go léir ar ais anseo ar an aonú lá déag d'Eanáir.

Deputy Billy Kelleher

We will be playing soccer in no-man's-land soon.

Deputy Mary Lou McDonald

Peace has broken out. There is quiet acquiescence on this side of the House as regards the Christmas break. We have all certainly earned a couple of weeks' rest and I join Deputy Ó Cuív and the Tánaiste in wishing everyone a happy Christmas. I hope they will enjoy the break and time at home with their families. I also thank staff, the ushers and everyone else associated with this institution, who make our jobs easier to do. The late Brian Lenihan has been mentioned and I am sure this Christmas he and his family will be in all our thoughts. We will go away, have our Christmas break and return in January when I look forward to the resumption of normal play.

Deputy Joe Higgins

I wish everybody a happy period of rest over Christmas. I also thank staff and all those who have helped us in the House.

Unfortunately, this will be a very difficult Christmas for hundreds of thousands of our fellow citizens, for example, those in enforced unemployment and those in negative equity or unsustainable mortgages, and for all those who are struggling with the effects of the crisis in the chaotic capitalist system of our time, the dictatorship of the financial markets and the disastrous austerity and bailout policies continued by the Government.

On legislation, it was flagged in one or two media outlets today that the Government may have in mind the introduction of legislation next year to pinch directly from the incomes of workers or social welfare recipients fines or charges they may not have paid or against the payment of which they are protesting, for example, the insidious home tax. Is the Government calculating such legislation for the new year?

What is the Labour Party's take, a few days before Christmas, on hammering low paid EBS workers for €2,000 by denying them their 13th wage instalment? I refer to workers with gross incomes of €26,000 and €27,000 per annum.

An Ceann Comhairle

I am afraid that is not a matter for the Order of Business.

Deputy Joe Higgins

Will the Tánaiste intervene for justice in this regard?

Deputy Thomas Pringle

Hear, hear.

An Ceann Comhairle

Is legislation promised on the matter?

The Tánaiste

The only legislation promised in this area is a fines Bill in respect of fines that are imposed by the courts. In respect of the issue of bonuses, the Government has made it very clear that bonuses should not be paid in our banking system.

Deputy Thomas Pringle

The payment is not a bonus.

Deputy Alan Shatter

Deputy Higgins is now against property taxes and in favour of bankers' bonuses. He has done a U-turn.

Deputy Richard Boyd Barrett

As with previous speakers, I wish everybody here a happy Christmas and thank the ushers and other staff of the Houses for being of such assistance, particularly to new Deputies in our first term. This is appreciated and I hope they will enjoy a deserved rest.

As the Dáil session concludes, it is important to consider the people for whom Christmas will be an extremely difficult period due to unemployment, reductions in wages and incomes, cuts in public services, difficulties in paying bills and mortgages and other circumstances arising from the extremely grave economic situation we face as a result of relentless austerity. It is important to state this because however hard Members believe they have worked, and notwithstanding my differences with other Deputies I accept they have worked hard, other people are suffering considerably more difficulties than anyone in this Chamber as they try to survive and sustain themselves.

I will raise two issues on legislation. I was contacted yesterday by wheelchair users and the Irish Wheelchair Association who appealed to me to ask whether a legislative provision has been introduced to change the disabled driver and passenger tax relief scheme to provide that disabled drivers will no longer benefit from the scheme if they buy or own cars with an engine size exceeding 2,000 cc. Wheelchair users tell me this measure will cause extreme problems because they often need larger cars. I understand the proposed change is due to take effect on 1 January 2012. Will the Tánaiste indicate whether it is a budget or legislative change and, if not, where it comes from?

An Ceann Comhairle

I am a little confused. The contribution started with good wishes but has become mixed up with promised legislation.

Deputy Richard Boyd Barrett

Is the fiscal responsibility Bill not an appropriate place to distinguish, in terms of the banks, between ordinary workers such as EBS staff who have had €2,500 robbed from them by management and——

An Ceann Comhairle

The Deputy is out of order.

Deputy Paul Kehoe

He is abusing the goodwill of the Ceann Comhairle.

An Ceann Comhairle

I call Deputy Ó Caoláin.

Deputy Caoimhghín Ó Caoláin

I will be very brief.

An Ceann Comhairle

The Deputy may only ask about promised legislation.

Deputy Richard Boyd Barrett

I asked a question about legislation, on which I would like a response.

An Ceann Comhairle

I will get to the Deputy's question in a minute. Deputy Ó Caoláin has a question on the same legislation.

Deputy Caoimhghín Ó Caoláin

The Government has already reversed changes in the budget book on entitlements for young disabled people. Will the Tánaiste indicate that the measures that have just been highlighted in relation to disabled drivers will also be reversed? Many disabled drivers have electric wheelchairs and require two litre vehicles to gain access because other vehicles will not sustain collapsible, foldable wheelchairs.

An Ceann Comhairle

The matter is more appropriate for a parliamentary question.

Deputy Caoimhghín Ó Caoláin

The proposed measure will not work. Many of the individuals in question will be severely financially disadvantaged. On this last sitting day before Christmas, I appeal to the Government, in the spirit of Christmas and reflecting on what it has already done in respect of the entitlement of young disabled people, to withdraw this lousy measure which is affecting a raft of people and the Irish Wheelchair Association's invaluable service to people with disabilities. I ask that the status quo that has applied heretofore continue in respect of VAT, VRT and excise duty rebates.

An Ceann Comhairle

Is there legislation involved in all of this?

The Tánaiste

Two questions were asked. The issue raised in respect of motor taxation should be addressed to the Minister for the Environment, Community and Local Government. As the appropriate Minister, I will ask him to respond to the Deputies who raised the issue.

The fiscal responsibility Bill is being prepared and it is intended to have it in the House in the next session.

Deputy Dessie Ellis

Today at 1.30 p.m. EBS workers will protest outside the House.

An Ceann Comhairle

The Deputy is out of order. I ask him please to resume his seat.

Deputy Dessie Ellis

I wish to discuss promised legislation.

An Ceann Comhairle

I have ruled the Deputy out of order. This matter was dealt with yesterday as a topical issue.

Deputy Dessie Ellis

Many of the individuals in question are on low pay and will not have a Christmas.

An Ceann Comhairle

Please do not jump on bandwagons, Deputy.

Deputy Dessie Ellis

I just want to——

An Ceann Comhairle

Resume your seat.

Deputy Dessie Ellis

Does the programme for Government promise legislation——

An Ceann Comhairle

Resume your seat.

Deputy Dessie Ellis

The Tánaiste stated that the people in question are on bonuses. He is misleading the House. The money is pay related and due to the workers in question.

An Ceann Comhairle

Please resume your seat.

Deputy Dessie Ellis

Managers in the company got the money.

An Ceann Comhairle

The matter was dealt with yesterday.

Deputy Dessie Ellis

This is a State run company. The EBS is ours.

An Ceann Comhairle

I ask the Deputy to leave the House.

Deputy Dessie Ellis

I ask the Tánaiste to intervene in the matter.

An Ceann Comhairle

The Deputy must leave the House.

Deputy Dessie Ellis withdrew from the Chamber.

Deputy Caoimhghín Ó Caoláin

The Ceann Comhairle has been very harsh.

An Ceann Comhairle

This is absolutely ridiculous.

Deputy Caoimhghín Ó Caoláin

It is very harsh.

An Ceann Comhairle

That may be the case but I must put a stop to such behaviour.

Deputy Caoimhghín Ó Caoláin

Perhaps the Ceann Comhairle could choose better examples.

Deputy Aengus Ó Snodaigh

I would like to ask the Tánaiste about two pieces of information that have emerged. It is intended to amend the environmental legislation relating to the plastic bag tax on foot of a recent High Court ruling. The court found that "pinch and pull" bags, which are used for meat, vegetables, meat and bread, should be subject to the tax. That would add a substantial cost to people's shopping. Is the Government planning to amend the primary legislation to make such bags exempt from the tax?

In 2006, the House passed legislation amending the Firearms Acts. The legislation in question, which relates to firing ranges, was commenced in 2009. It was suggested in a recent affidavit that firing ranges do not have to comply with the legislation because the relevant standards have not been set. Is it intended to set those standards so that firing clubs throughout the country have to comply with the legislation that was passed by this House?

The Tánaiste

The High Court judgment on plastic bags is being considered by the Minister for the Environment, Community and Local Government. If he decides legislative change is required, he will bring proposals to the Government.

Deputy Ó Snodaigh also expressed concern about the legalisation of firing ranges.

Deputy Aengus Ó Snodaigh

They are already legal. The Minister has to sign the range standards to ensure the ranges comply with legislation.

The Tánaiste

I will ask the Minister to respond directly to the Deputy. I understand the Deputy's concern about the legal status of firing ranges.

Deputy Finian McGrath

I wish the Ceann Comhairle and his family a happy Christmas. I hope all of my colleagues in the Chamber enjoy the Christmas break. I join the Tánaiste in remembering people like Brian Lenihan. We should not forget Michael Fitzpatrick either. Their deaths were sad losses for both of their families. We should offer our sympathies and let them know we are thinking about them this Christmas.

On a lighter note, if people want to enjoy some music over Christmas, they might support Pieta House by buying our CD, which is on release at the moment.

Deputy Timmy Dooley

The charity is fine, but "enjoy" is not the word.

Deputy Billy Kelleher

Perhaps there is some way of supporting Pieta House without having to buy the CD.

Deputy Finian McGrath

It is at No. 69 in the charts. It is a very worthy cause.

Deputy Joe Higgins

If the Deputy had told us in time, we would have paid him not to record it.

Deputy Finian McGrath

Thank you, comrade Joe. I remind him that our record is at No. 69 in the charts, which is not too bad.

Deputy Timmy Dooley

It is falling slowly.

Deputy Finian McGrath

On a serious note, is legislation proposed to establish a truth and reconciliation forum in 2012? When I met survivors of the Miami Showband massacre the other day, I was very impressed by their dignity and sincerity, and by the way they dealt with the crisis. I believe some kind of forum should be established to allow the victims of the conflict in the North to come forward. Truth and reconciliation are needed so we can all get on with our lives on this island.

The Tánaiste

No legislation is promised in this regard. The grief that continues to be suffered by the survivors of the atrocities in Northern Ireland is the subject of discussion between the Irish and British Governments and the Executive in Northern Ireland. We are trying to find a framework that would enable everyone who suffered loss during the Troubles in Northern Ireland to have that loss recognised.

An Ceann Comhairle

The next speaker is Deputy Durkan. I am afraid time has expired.

Deputy Bernard J. Durkan

All my life it has been that way, a Cheann Comhairle.

An Ceann Comhairle

I know.

Deputy Barry Cowen

Bah, humbug.

Deputy Bernard J. Durkan

I merely wish to extend season's greetings to the Chair.

An Ceann Comhairle

Thank you very much.

Deputy Bernard J. Durkan

I promise I will not raise any issue on the Order of Business for the next two and a half weeks.

Deputy Billy Kelleher

The Taoiseach promised earlier in the year to make a scorecard available for every Minister.

An Ceann Comhairle

No, do not start the messing.

Deputy Billy Kelleher

I am just wondering whether legislation is required for that.

An Ceann Comhairle

No, it is not.

Deputy Mattie McGrath

I would also like to wish the Ceann Comhairle a happy Christmas and a very peaceful new year.

An Ceann Comhairle

Thank you very much.

Deputy Mattie McGrath

I mean it.

An Ceann Comhairle

Thank you very much.

Deputy Mattie McGrath

I am not finished. I want to raise a very serious case. I am a bit uneasy about the comrade stuff that has been taking place behind me this morning. Perhaps I need to move to a different seat. I am not a comrade anyway. I want to ask the Minister for Health——

An Ceann Comhairle

No, you can ask the Tánaiste.

Deputy Mattie McGrath

——whether legislation is promised to deal with the very sad case of the Ryan family in County Tipperary. The Minister is well aware of the case. A sick child in the family was being looked after by the Jack and Jill Children's Foundation. The HSE has refused to give the child the eight hours of care per week that he needs. It is a very sad situation. It was discussed in the Seanad yesterday.

An Ceann Comhairle

There is existing legislation.

Deputy Mattie McGrath

It is not working. The child has fallen through the system.

An Ceann Comhairle

I suggest the Deputy should table a parliamentary question.

Deputy Mattie McGrath

I have. The Minister for Health should have some compassion, especially at this time of year. It is a very sad case.

An Ceann Comhairle

Is legislation promised that could solve this problem?

The Tánaiste

No, there is no promised legislation.

An Ceann Comhairle

Thank you. Before I bring the Order of Business to a conclusion, I would like to thank those who have offered good wishes to myself and to other Members of the House. I want to join them in thanking the staff, the ushers and the press for their co-operation during the year. I would like to wish all my colleagues every happiness for them and their families. I look forward to working with them in the new year.

I join Deputies in remembering our colleagues from this Dáil and previous Dáileanna who died during the year. We should remember their widows, in particular.