Order of Business

The Tánaiste

It is proposed to take No. 20, statements on the sale of State assets; and No. 21, statements on public sector numbers.

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 20 shall, if not previously concluded, be brought to a conclusion at 1.30 p.m. today, the opening statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, the statement of each other Member called upon shall not exceed ten minutes, Members may share time, and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; and the proceedings on No. 21 shall, if not previously concluded, be brought to a conclusion at 3.42 p.m. today, the opening statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, the statement of each other Member called upon shall not exceed ten minutes, Members may share time, and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with No. 20, statements on the sale of State assets, agreed to? Agreed. Is the proposal for dealing with No. 21, statements on public sector numbers, agreed to? Agreed.

Deputy Dara Calleary

It is unfortunate that one of the Tánaiste's biggest achievements in office came too late for inclusion in the Government's love letter to itself yesterday, that is, forcing Fine Gael to cancel its stars party this afternoon. Are there any plans to bring that document published yesterday into the House to allow discussion and debate on what the Government claims to be the achievements of its first year in office?

An Ceann Comhairle

It would have been better if Deputy Calleary had gone through the Whips.

The Tánaiste

The Government has no difficulty in having the progress report debated in the House. In fact, we would welcome that, if the Whips can agree some time.

Deputy Billy Kelleher

Based on achievements, it will be a short debate - 60 minutes or less.

Deputy Dara Calleary

One would not need a guillotine on that.

Deputy Paul Kehoe

Deputy Kelleher will not have enough to fill 60 minutes, though.

Deputy Dara Calleary

The programme for Government: lean ar aghaidh here forever.

Deputy Paul Kehoe

He would not have enough for 15 minutes anyway.

Deputy Peadar Tóibín

The programme for Government contains a commitment to reform current law on employees' right to engage in collective bargaining to ensure compliance by the State with recent judgments of the European Court of Human Rights. As the Tánaiste will be aware, the Strasbourg court has ruled that the right to join a trade union includes the right to bargain collectively. In his party's election manifesto, the Tánaiste committed to introduce legislation to strengthen the rights of workers to engage in collective bargaining, as enshrined by the EU Charter of Fundamental Rights. Indeed, his partners in government, at Lisbon II, stated that they would legislate to bring about collective bargaining also. When will we see legislation on this issue?

The Tánaiste

The commitments which are contained in the programme for Government will be implemented. I cannot give Deputy Tóibín a date at this point for when that legislation will be introduced because, as he will be aware, we have already been engaged in a number of pieces of legislation in the area of the protection of workers' rights, such as the minimum wage, the introduction of the legislation on agency workers and the legislation which we committed to introduce following the High Court decision to strike down the joint labour committees, JLC, system. There is quite an agenda of legislation being pursued to protect the rights of workers and the legislation to give effect to the remaining commitments in the programme for Government will be progressed in due course.

Deputy Niall Collins

Is it the Government's intention to take the electoral (amendment) (referendum spending and miscellaneous provisions) Bill through the Oireachtas prior to the forthcoming referendum?

The Tánaiste

We have not made a decision on that. As the Deputy will be aware, the Government will consider shortly the measures necessary for the referendum on the fiscal stability treaty. I do not know whether it will be possible to have the legislation on the funding issues relating to referendum campaigns in advance.

Deputy James Bannon

To bring this query forward on the back of promised legislation within the Order of Business guidelines, can the Tánaiste tell me if legislation such as the Central Bank (consolidation) Bill, for example, will finally provide for making bankers and others liable to prosecution and punishment for the economic fallout that has unjustly impacted on every man, woman and child in the State?

An Ceann Comhairle

When is this Bill due?

The Tánaiste

The Central Bank (consolidation) Bill is to consolidate the body of legislation relating to the Central Bank into a single statue. Work will proceed on this Bill following completion of work on the Central Bank (Supervision and Enforcement) Bill 2011 and it is not possible to indicate at this stage when it will be published.

Deputy Timmy Dooley

In recent days, the Minister for Transport, Tourism and Sport has indicated that the VAT reduction, which it was indicated earlier this year would continue to 2013, will now terminate at the end of this year. That is clearly a change in policy. As Tánaiste will be aware, the Minister indicated at the time that he had provided for it, through the raiding of pension funds, to extend to 2013.

An Ceann Comhairle

We cannot debate issues here.

Deputy Timmy Dooley

Clearly, that is a policy change. Does the Government intend to bring forward legislation to give effect to that policy change and when does it propose to do so?

An Ceann Comhairle

Is there legislation promised here?

The Tánaiste

There is no legislation promised on that matter.

Deputy Bernard J. Durkan

Apropos of the issue raised by Deputy Finian McGrath on Leaders' Questions, given that the institutions of State appear unable to defend the people against the activities of criminal gangs and associated activities for criminal purposes, would it be possible to identify proposed legislation with a view to introducing them in a consolidated Bill which would impact more severely on those congregating for criminal purposes and who seem to have been able to do so for the past ten or 15 years while we have been raising this issue in the House? There is promised legislation such as the criminal justice (proceeds of crime) Bill, the criminal justice (victims rights) Bill, the criminal justice corruption (consolidation) Bill, the criminal law (human trafficking) (amendment) Bill and the criminal law (sexual offences) Bill, all of which have been promised for some considerable time, I might add, while the main Opposition party was in government.

An Ceann Comhairle

I thank Deputy Durkan. I will get him an answer.

Deputy Bernard J. Durkan

I attribute no blame to the Government for inability in this area. This has been evident for the past ten years.

An Ceann Comhairle

I thank Deputy Durkan. We cannot debate it here.

Deputy Bernard J. Durkan

I appeal-----

An Ceann Comhairle

We will get Deputy Durkan an answer now.

Deputy Bernard J. Durkan

-----for the introduction of a piece of legislation of that nature.

The Tánaiste

What is required to deal with the issue of gangland crime is not more legislation but more enforcement of the legislation. Shooting a person in a public park or in his or her car or his or her home is a crime. We do not need more legislation to make it a crime again. We need to ensure the legislation is enforced and is operating properly. It is to those ends - the enforcement of the legislation, protection of persons in their homes and support for the Garda - on which the Government is focusing its attention.

Deputy Charlie McConalogue

In light of the Government's inability to make a decision on when it will run the fiscal compact treaty referendum, whether before the summer or in the autumn, where does that leave the position regarding the introduction of legislation for and the running of the referendum on children's rights? If the fiscal compact treaty referendum is held after the summer, I imagine it would be in late September or October. I doubt, in that scenario, that the Government would hold two separate referendums in the autumn. Does this mean that despite repeated promises, the children's referendum will once again be delayed by a further year? Where does the Government's inability to decide on a date for the referendum on the fiscal compact treaty leave the decision regarding a date for the children's rights referendum?

The Tánaiste

There is no inability on the part of the Government to decide on the timetable for holding the referendum on the fiscal stability treaty. We decided immediately on receiving the advice of the Attorney General that we would hold a referendum. The Government considered the matter last week and I will bring proposals to Government shortly about the steps that are necessary to hold the referendum. The referendum on children's rights is separate. That matter is being progressed by the Minister for Children and Youth Affairs.

Deputy Michael Healy-Rae

The White Paper on crime published last year encompassed four discussion documents. Has legislation been promised to regard the illicit trade in tobacco as a serious crime? There were 57 convictions last year for illegal cigarette smuggling and the average fine was only €1,726. Has legislation been promised to regard this as a serious crime in order judges can be harsher in imposing sentences?

The Tánaiste

I do not believe specific legislation has been promised to deal with the matter raised. There are quite a number of changes to criminal law on the list of the Minister for Justice and Equality. Of course, there are the normal Finance Bills brought forward by the Minister for Finance on the Revenue side. It is an issue the Deputy can pursue when legislation is brought before the House.

Deputy Mattie McGrath

On the Central Bank (Consolidation) Bill, I refer to the appointment of Mr. John Moran as the new Secretary General of the Department of Finance. He was formerly CEO of Zurich Capital Markets, ZCM. Will Members of the House be given an opportunity at a committee to question him-----

An Ceann Comhairle

That is not a matter for the Order of Business.

Deputy Mattie McGrath

It is a very serious matter.

An Ceann Comhairle

It may be, but it is not one for the Order of Business.

Deputy Mattie McGrath

While Mr. Moran was CEO of Zurich Capital Markets, it was found guilty of violations of the legislation-----

An Ceann Comhairle

No, Deputy. Please resume your seat.

Deputy Mattie McGrath

No; this is a very important matter which involves a senior Government official.

An Ceann Comhairle

It cannot be raised on the Order of Business. We are dealing with promised legislation.

Deputy Mattie McGrath

It comes under the Central Bank (Consolidation) Bill.

An Ceann Comhairle

Will the Deputy, please, resume his seat?

Deputy Paul Kehoe

Show him the door.

Deputy Mattie McGrath

Just because the Deputy's party has called off its-----

Deputy Paudie Coffey

That is transparency.

An Ceann Comhairle

Will Deputy Mattie McGrath, please, resume his seat, or we will not call him again?

Deputy Mattie McGrath

I have raised a very important matter.

Deputy Patrick Nulty

This is International Women's Day and I know of the Tánaiste's strong personal commitment to gender equality. In that context, will the Government bring forward legislation to deal with one of the long-standing abuses of human rights in terms of public health service access for women? Will it legislate for the judgment in the X case to ensure women in Ireland will have access to abortion facilities in cases where there is a threat to their lives?

An Ceann Comhairle

Has legislation been promised?

The Tánaiste

No legislation has been promised in the programme for Government on the matter.

Deputy Billy Kelleher

When the Tánaiste and the Taoiseach were busy yesterday giving each other high fives like giddy junior certificate students on results day-----

Deputy Brendan Howlin

The Deputy certainly did not do that at the end of his term.

Deputy Billy Kelleher

-----some 47 patients were waiting on trolleys in Beaumont Hospital.

An Ceann Comhairle

We are dealing with promised legislation.

Deputy Billy Kelleher

Given that those working in front-line services claim they are now working in unsafe environments, when will the health information Bill be taken on the floor of the Dáil in order that we can debate these issues in a meaningful way and address the major concerns expressed, not only in the context of patient safety but also in the context of front-line services being unable to safely deliver a service?

The Tánaiste

The health information Bill will be brought forward in the middle of the year.

Deputy Aengus Ó Snodaigh

Inné, chuir mé ceist ar an Taoiseach faoi an raibh aon athrú bunreachtúil chun teacht maidir leis an gceist faoin athbhreithniú ar chíosanna agus an cás gur ardú amháin atá i gceist le athbhreithnithe. Nuair a toghadh Fine Gael thug an páirtí agus an Rialtas geallúint go mbeadh reachtaíocht ag teacht isteach maidir leis an cleachtas seo a théann i gcoinne siopaí agus gnóthaí beaga. Cheana féin, tá an Rialtas tar éis a rá nach mbeidh reachtaíocht ag teacht maidir leis an cleachtas seo a athrú. An bhfuil an Rialtas chun reachtaíocht a thabairt isteach chun faoiseamh a thabhairt do siopaí nó gnóthaí beaga maidir leis an cleachtas seo toisc nach bhfuil sé chun athrú bunreachtúil a dhéanamh?

The Tánaiste

Is cúis bhróin é nach raibh an Rialtas in ann déileáil leis an fhadhb ó thaobh cíosanna de. Mar is eol don Teachta, fuaireamar comhairle ón Ard-Aighne i dtaobh sin ag rá nach mbeadh sé bunreachtúil é sin a dhéanamh.

Deputy Aengus Ó Snodaigh

Fuair sibh dhá chomairle.

The Tánaiste

Ach tá an Rialtas gníomhach faoi na fadhbanna atá ag gnóthaí, go háirithe gnóthaí beaga agus sin an fáth go bhfuilimid ag cur an béime atá á chur againn ar fás sa gheilleagar agus fostaíocht agus go bhfuilimid ag iarraidh é sin a bhrú ar aghaidh ionas go mbeidh i bhfad níos mó gnó le déanamh ag gnóthaí beaga agus ionas go mbeidh siad in ann déileáil níos fearr le fadhbanna cíosanna.

Deputy Pearse Doherty

There has been much talk about legislation to deal with the issues of fitness and probity in the banks. When will we see that legislation being brought forward? The Secretary General of the Department of Finance was CEO of Zurich Capital Markets which during 2007 was censured by the US Securities and Exchange Commission and fined €16.8 million for aiding and abetting four hedge funds in defrauding mutual funds. Will the legislation deal with such a situation?

Dáil Éireann debate - Thursday, 8 Mar 2012

Dáil Éireann debate -
Thursday, 8 Mar 2012