Dáil Éireann debate -
Thursday, 3 May 2012

Vol. 764 No. 2

Order of Business

The Tánaiste

It is proposed to take No. 11a, motion re proposal that Dáil Éireann notes the report to the Committee on Members’ Interests of Dáil Éireann in accordance with section 21 (4) of the Standards in Public Office Act 2001; No. 2, Construction Contracts Bill 2010 [Seanad] - Second Stage, to adjourn at 2.30 p.m., if not previously concluded; and No. 19, Dormant Accounts (Amendment) Bill 2011 [Seanad] - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that No. 11a shall be decided without debate.

An Ceann Comhairle

Is the proposal for dealing with No. 11a agreed to? Agreed.

Deputy Willie O’Dea

I want to ask the Tánaiste about legislation which is of great interest to people outside the rarefied atmosphere of this House, namely, the insolvency Bill. The Taosieach was asked about that last week and he stated there was a good deal of complexity around it, which I accept. He stated further that he was pushing hard to get the Bill finalised, and I accept that. I ask, on behalf of my constituents and tens of thousands of other people outside this House, the stage we are at now. Have the complexities been overcome? Have the differences been resolved? When is the Bill due to be published? Is the Tánaiste also aware that considerable administrative machinery will need to be put in place to make this Bill operable? Between publication and putting in place the system to make the Bill operable, when will the Bill be operating? That is a question my constituents, more of whom are falling into mortgage arrears on a daily basis, ask me constantly and it is on their behalf and, I am sure, on behalf of many other Deputies that I ask the question.

The Tánaiste

The Government's intention is that the personal insolvency Bill will be published this session. As Deputy O'Dea acknowledged, it is complex legislation. We are dealing with a new approach to the issue of personal insolvency and radical changes in the period of time involved but also the introduction of various non-judicial settlement approaches for dealing with debt, and those are complex, new and radical approaches. I am sure Deputy O'Dea will appreciate that some time has to be taken to ensure we get it right but we are anxious to move it ahead as quickly as possible. It is on the A list and it is intended to be published this session.

Deputy Willie O’Dea

I do not want to labour the point but can the Tánaiste give us any idea when the Bill will be in operation? It is not just a question of publishing and passing the legislation here in the House. A system will have to be put in place to make the Bill operable in practice.

The Tánaiste

I acknowledge that, and the practical arrangements have to be addressed, but we must have some certainty about what will be in operation before we can start putting in place those practical arrangements. That will be examined once the issues relating to the content of the Bill have been resolved.

Deputy Mary Lou McDonald

In the past 48 hours we have collectively revisited the horror of the rape, abuse and molestation of children and its cover-up in a way that I am sure has proven incredibly difficult for victims of abuse, whether they suffered it at the hands of clerics or anyone else. In that light, I welcome that the heads of the Children First Bill have been published and are in committee and the legislation on the withholding of information. In terms of the third piece of the puzzle, the child and family support agency Bill, when can we expect to see that? As we are speaking here today, it is incredibly important that we move collectively in a constructive way on this matter. The Tánaiste correctly stated earlier that this issue, above all issues, cannot be a political football. As legislators, the best we can do for victims of child abuse and for all of our children is to make sure we move speedily on all of these legislative matters. Specifically, I ask about the child and family support agency Bill.

The Tánaiste

I agree with the Deputy that this is an issue, and everybody in the country would agree, which has to be given priority attention in the Dáil. That is what the Government is doing. I note, however, the Deputy did not give it priority attention in selecting the topic she chose for Leaders' Questions but that is her call.

With regard to the items of legislation, Second Stage of the Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill will start in the Seanad next week. The Children First legislation is before an Oireachtas committee. With regard to the children support agency, it is intended that will be in place by next January and the legislation for that will be published later in the year.

Deputy Kevin Humphreys

On proposed legislation, in my area there is a huge demand for rented accommodation in apartments. The residential tenancy (amendment) Bill is on the A list. Will the Tánaiste indicate when that Bill will be published? Will he also indicate if there will be protection for deposits in that legislation for people renting apartments, mainly in urban areas? That was a huge problem previously with students but the people coming to work in what has been tagged "Silicon Dock" are discovering that when they try to move on they cannot get their deposits back. Will the Tánaiste indicate now when the Bill will be published?

An Ceann Comhairle

We cannot discuss what is in the Bill. We can discuss it only when it is taken in the House.

The Tánaiste

The heads of that Bill have been approved by Government. It is intended that it will be published this session. On the issue relating to deposits, the Private Residential Tenancies Board is currently researching the viability of a deposit retention scheme.

Deputy Bernard J. Durkan

On promised legislation, will the Tánaiste indicate the progress to date on publication of the promised microfinance lending fund Bill, when there is agreement on the need for such a fund at the earliest opportunity? Also, apropos his reply to a question earlier, will he indicate whether the heads of the Bill have been visited to implement the recommendations in the joint Oireachtas committee second interim report on the constitutional amendment on children and protection of vulnerable persons against sexual exploitation and abuse, and the Criminal Law (Sexual Offences) Bill?

The Tánaiste

On the two items of legislation, the microfinance Bill is being progressed by the Minister, Deputy Bruton, and the Criminal Law (Sexual Offences) Bill will be published later this year.

Deputy Charlie McConalogue

Where stands the publication date for the independent review into the deaths of children in the care of the State? The report has been with the Minister for Children and Youth Affairs for some months. I find it difficult to believe the necessary legal advice has not been received and clarified at this stage. The report has been sat on for too long. It is time a date was given for its publication.

The Tánaiste

The report is with the Minister who is taking legal advice on it. It is her intention to publish it shortly.

Deputy Mattie McGrath

Is legislation needed to implement the Ceann Comhairle's pioneering work on extending the broadcasting of the proceedings of the House? Lest people believe relations between me and the Ceann Comhairle will be always acrimonious, I compliment him on his tremendous work. Comhghairdeas leat.

Deputy Paul Kehoe

We want to see more of you, Mattie.

An Ceann Comhairle

Unfortunately, I am not in a position to answer questions in the House. However, I will answer the Deputy's question outside the Chamber. Would that be all right?

Deputy Brendan Griffin

What is the status of the explosives Bill? In light of recent serious incidents in the Border area, the House must prioritise this legislation.

The Tánaiste

The explosives Bill is expected late this year.

Deputy Niall Collins

When will legislation be published to give effect to a decision to amalgamate Limerick City Council and Limerick County Council and the two local authorities in County Tipperary? I understand the legislation is the local government (corporate services) Bill. What is the publication date for the Bill?

The Tánaiste

The relevant provision was approved by government in April and the legislation is being drafted. It is intended that it will be part of the local government Bill. While I do not have a precise date for publication, I expect the Bill later this year.