Dáil Éireann debate -
Thursday, 17 May 2012

Vol. 765 No. 5

Order of Business

The Tánaiste

It is proposed to take No. 19, statements on the 44th plenary of the British-Irish Parliamentary Assembly; No. 6, Credit Guarantee Bill 2012 - Second Stage (resumed); and No. 5, European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Bill 2011 - Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 19 shall, if not previously concluded, be brought to a conclusion after two hours and that the following arrangements shall apply: the opening statements of a Minister or a Minister of State and the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group who shall be called upon in that order shall not exceed ten minutes in each case; the statements of the Chairman, the two Vice Chairmen and a Member from the Technical Group of the British-Irish Parliamentary Assembly, or a person nominated in their stead, who shall be called upon in that order shall not exceed ten minutes in each case; the statement of each other Member called upon shall not exceed ten minutes in each case and such Members may share time; and a Minister or a Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.

It is also proposed, for the purposes of Standing Order 117A, that the first Friday of the month for June shall be Friday, 8 June; that the time and date by which notice of a Bill in connection with that sitting shall be received by the Clerk shall be 11 a.m. on Friday, 25 May, and that related Standing Orders shall apply accordingly.

An Ceann Comhairle

There are two proposal to be put to the House. Is the proposal for dealing with No. 19, statements on the 44th plenary of the British-Irish Parliamentary Assembly, agreed to? Agreed. Is the proposal for the sitting and business of the Dáil on Friday, 8 June agreed to? Agreed.

Deputy Charlie McConalogue

The report of the independent review of the death of children in the care of the State has been on the Government's desk for almost half a year. As Opposition spokesperson on children's issues, the Minister for Justice and Equality, Deputy Alan Shatter, wondered aloud in this House whether, given the amount of work involved in producing the report, its two authors, child law expert Geoffrey Shannon and the director of advocacy for Barnardos, Norah Gibbons, would have sufficient resources to complete it. In fact, they managed to complete within one year this important report on how the State had failed children in its care.

An Ceann Comhairle

We cannot have a debate on the report. Does the Deputy have a question on legislation?

Deputy Charlie McConalogue

However, almost six months after receiving it, the Government has not managed to publish it.

An Ceann Comhairle

Did the Deputy hear me?

Deputy Charlie McConalogue

Will the Tánaiste indicate a clear timeline for its publication?

The Tánaiste

When a report of this type is presented to the Government, it must be considered by the Ministers and Departments concerned. In this instance, as per normal procedure, publication of the report will take place after that consideration is completed. The Government has a very good record of publishing reports promptly, but there must be consideration given to the issues dealt with in the report.

Deputy Pearse Doherty

The board of Tallaght hospital is considering the Health Information and Quality Authority, HIQA, report on safety standards at the hospital's emergency department. I understand the recommendations contained in the report will have consequences and implications for emergency departments throughout the State. The report was commissioned in the light of the unsafe practice at Tallaght of placing patients awaiting a bed on trolleys close to the emergency department. To sum up, this practice led the coroner to question-----

An Ceann Comhairle

We cannot have a debate on this issue.

Deputy Pearse Doherty

-----whether it might be safer for patients to remain at home rather than attend the emergency facility at Tallaght hospital. Will the Tánaiste indicate when the report will be published? Given that many agree there is a sense of drift prevailing in the health service, when will the Government bring forward the HSE governance Bill?

The Tánaiste

As I indicated, the HIQA report on Tallaght hospital is being published today. The HSE governance Bill is expected this session.

Deputy Seán Ó Fearghaíl

There has been little progress on the proposed constitutional convention. I accept that there will be little movement on it between now and the referendum, but can the Tánaiste indicate whether it will require a statutory instrument or primary legislation in order to advance the matter? Does he envisage having a further briefing with the parties on the matter?

Second, when will the monuments Bill which is particularly relevant in the light of the upcoming 2016 commemorations be published? When is the mental health (amendment) Bill expected to be published? I understand recent court rulings have underlined the need for clarity in this regard.

The Tánaiste

The monuments Bill is expected early next year. I do not have a date for publication of the mental health Bill.

Legislation is not necessarily required for the establishment of the constitutional convention, rather we expect to do it by way of political agreement with the parties in the House. Consultation has taken place in this regard. As the Deputy acknowledged, we do not intend to progress it this side of the referendum.

Deputy Joe Higgins

It was said about the treaty of Limerick that it was broken "ere the ink wherewith ‘twas writ could dry". That was all the way back in 1691. I am afraid this morning that the fiscal treaty is in the same lamentable state. What is the Government going to do about the European Stability Mechanism Bill - known as the fiscal responsibility Bill - which enshrines the austerity treaty, in view of the comment by the new French Minister for finance this morning that the treaty will not be ratified as is?

Deputy Finian McGrath

That is right.

Deputy Mattie McGrath

Now.

Deputy Joe Higgins

Clearly-----

An Ceann Comhairle

We cannot debate this issue. This is a straightforward question about when the Bill will be introduced.

Deputy Finian McGrath

He has a point. They are ducking and dodging.

An Ceann Comhairle

This Bill has been published, has it not?

Deputy Joe Higgins

It has been, but unfortunately-----

An Ceann Comhairle

The Bill has been published, so we cannot debate it.

Deputy Joe Higgins

Unfortunately, we have a Bill that is now redundant.

An Ceann Comhairle

This is the Order of Business. The Deputy will have to find some other way of raising it.

Deputy Joe Higgins

A Cheann Comhairle, this is a matter for you and the Dáil. We have a fiscal responsibility Bill-----

An Ceann Comhairle

It is a matter for me to apply Standing Orders, which I am applying.

Deputy Joe Higgins

I know, but it is redundant.

An Ceann Comhairle

It is not redundant; it has been published, and when it is taken is a matter for the Government.

Deputy Joe Higgins

The Tánaiste probably has the quelques mots. The French Minister said “le traité ne serait pas ratifié en l’état.”

An Ceann Comhairle

That is very interesting. Thank you, Deputy.

Deputy Joe Higgins

It will not be ratified, so what is going to happen with the schedule?

The Tánaiste

The fiscal responsibility Bill will be dealt with after the referendum. That is the intention. We have made it clear from the beginning that the fiscal responsibility Bill would be published but that it would not be taken through the House in advance of the referendum. The people of this country make the decision in respect of what is or is not in our Constitution and whether we ratify the treaty. That is the people's choice. With regard to ratifying the treaty, the French Government has made it clear that what it is seeking, as this Government is seeking, are growth measures-----

Deputy Mattie McGrath

It is going badly about it.

The Tánaiste

-----in addition to what is in the treaty in order to get people back to work, encourage investment in the economy and achieve recovery.

Deputy Robert Troy

Every day of the week we see more businesses closing down, and the reasons cited are upward-only rent reviews and commercial rates. The Government has reneged on its commitment to abolish upward-only rent reviews. When will we see amending legislation to deal with the exorbitant commercial rates that businesses are currently being forced to pay?

An Ceann Comhairle

Is legislation promised?

The Tánaiste

There is a valuation Bill which is under consideration by the Government.

Deputy Robert Troy

When will we see it?

The Tánaiste

When the Government has concluded its deliberations, we will publish it.

Deputy Barry Cowen

After the next election.

Deputy Robert Troy

How many more businesses will have to close first?

Deputy Bernard J. Durkan

On promised legislation, given the difficulties that have arisen in land and property conveyancing------

Deputy Emmet Stagg

Fianna Fáil's chickens are coming home to roost.

Deputy Sean Fleming

What about the upward-only rent reviews?

An Ceann Comhairle

Deputies-----

Deputy Emmet Stagg

Fianna Fáil made it that way.

Deputy Dominic Hannigan

They are going after Fianna Fáil.

Deputy Bernard J. Durkan

Given the difficulties that have arisen in land and property conveyancing over recent years, especially during the boom period, and the confusion that is now caused for individuals throughout the country, is it intended to expedite the introduction to the House of the land and conveyancing law reform (amendment) Bill? Similarly, with regard to the confusion that seems to prevail on the other side of the House about matters of vital national interest-----

An Ceann Comhairle

I am a bit confused. What is the Deputy looking for?

Deputy Finian McGrath

There is no confusion.

Deputy Bernard J. Durkan

I am just trying to eliminate some of the confusion.

Deputy Finian McGrath

There is no confusion. The Government got a constructive proposal this morning.

Deputy Bernard J. Durkan

There is. Deputies Mattie McGrath and Finian McGrath get confused sometimes-----

An Ceann Comhairle

Do not mind that.

Deputy Bernard J. Durkan

-----about their re-entry into Fianna Fáil. I refer to the education (admission to school) Bill-----

Deputy Mattie McGrath

Is the Deputy going back?

Deputy Bernard J. Durkan

-----which is important legislation. It would be of major benefit to some of the people on that side of the House, who seem to get increasingly confused every day.

Deputy Mattie McGrath

There will be no schools left.

Deputy Barry Cowen

No rural schools.

The Tánaiste

The land and conveyancing law reform (amendment) Bill is under consideration by the Government. It is intended to publish it this year. The heads of the education (admission to school) Bill are being drafted, and I do not have a date for it yet.

Deputy Joan Collins

Following on from last night's discussion on the Private Members' Bill, is the Government discussing a specific Bill to deal with the establishment of bill payment companies such as Rents and Co and the protection of their customers?

The Tánaiste

It is intended to deal with that matter by way of legislation. I understand the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Perry, referred to that in his contribution last night.

Deputy Mattie McGrath

As it is one of those rare times the Minister for the Environment, Community and Local Government, Deputy Hogan, is in the Chamber-----

Deputy Bernard J. Durkan

Perhaps the Deputy would practise that concept.

Deputy Mattie McGrath

-----the Tánaiste might give the House an idea of when he intends to publish the guidelines he has promised and promised. I notice the Minister is not out canvassing either. He has been taken off the scene for a couple of weeks before the referendum, which is a good idea.

An Ceann Comhairle

When are these regulations being published?

Deputy Finian McGrath

Where is Deputy Shatter?

The Tánaiste

Those draft regulations were published six weeks ago.

Deputy Mattie McGrath

No, they were not published.

(Interruptions).

An Ceann Comhairle

Deputy Finian McGrath.

Deputy Mattie McGrath

Excuse me, we do not have the guidelines.

An Ceann Comhairle

The Deputy should not get excited.

Deputy Mattie McGrath

It is not true.

An Ceann Comhairle

You can have it out afterwards. I am dealing with facts here.

Deputy Mattie McGrath

You are not being fair, a Cheann Comhairle.

Deputy Bernard J. Durkan

Take it easy.

A Deputy

The Deputy should withdraw that.

An Ceann Comhairle

Would the Tánaiste mind repeating what he said? Have these regulations been published or not?

Deputy Barry Cowen

Guidelines.

The Tánaiste

The draft regulations were published six weeks ago.

Deputy Mattie McGrath

That is not a correct answer.

An Ceann Comhairle

The Deputy should resume his seat. I call Deputy Finian McGrath.

Deputy Mattie McGrath

It is not correct. He is great at talking about the referendum.

Deputy Bernard J. Durkan

The man is confused.

Deputy Finian McGrath

A Cheann Comhairle-----

Deputy Mattie McGrath

We know who is confused.

An Ceann Comhairle

The Deputy should mind his ex-leader.

Deputy Finian McGrath

I have not gone away. I will be back soon.

An Ceann Comhairle

What are you now, Deputy, by the way, so I can call on you properly?

Deputy Finian McGrath

On a serious note, I want to ask the Tánaiste about the mental capacity Bill, which reforms the legislation on mental capacity and deals with vulnerable adults and the law. Is the Tánaiste aware that there are around 700 vulnerable teenagers with intellectual and physical disabilities who are worried their services may be stopped in two or three months' time because of the withdrawal of funding by the Government?

The Tánaiste

It is intended that the Bill would be published in the latter part of this session.