Dáil Éireann debate -
Wednesday, 23 May 2012

Vol. 766 No. 2

Order of Business

The Taoiseach

It is proposed to take No. a12, motion re Tribunal of Inquiry into the Fatal Shootings of Chief Superintendent Harry Breen and Superintendent Robert Buchanan; No. 22, Road Safety Authority (Commercial Vehicle Roadworthiness) Bill 2012 - Order for Report, Report and Final Stages; No. 1, Qualifications and Quality Assurance (Education and Training) Bill 2011 [Seanad] - Second Stage (resumed) to adjourn at 6.30 p.m. if not previously concluded; and No. 5, Local Government (Miscellaneous Provisions) Bill 2012 - Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 9 p.m. tonight and shall adjourn not later than 10 p.m.; (2) the proceedings in regard to No. a12 shall, if not previously concluded, be brought to a conclusion after 25 minutes and the following arrangements shall apply - (i) the speech 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 and who may share their time, shall not exceed five minutes in each case; (ii) a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and (3) the proceedings on Second Stage of No. 5 shall, if not previously concluded, be brought to a conclusion at 10 p.m. tonight and the following arrangements shall apply - (i) the opening speech 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 and who may share their time, shall not exceed 15 minutes in each case; (ii) the speech of each other Member called upon shall not exceed ten minutes and such Members may share their time; (iii) a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes.

Private Members' business shall be No. 61 – motion re national monument at Nos. 14 to 17 Moore Street (resumed), to conclude at 9 p.m. if not previously concluded.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 9 p.m. agreed to? Agreed. Is the proposal for dealing with No. a12 agreed to? Agreed. Is the proposal for dealing with No. 5 agreed to?

Deputy Jonathan O’Brien

It is not agreed. This Bill will impact on up to 20 city and county councils. The Order for Second Stage is only for a two-hour debate which will be brought to a conclusion at 10 p.m. We do not consider that sufficient time to debate a Bill that will impact so severely on local democracy and, for this reason, we are opposing the guillotine.

The Taoiseach

The Bill is required to be enacted before the summer recess for the following reasons. First, the Limerick regeneration agencies' establishment order contains a sunset clause which will see it cease on 14 June 2012. It is very important that the Minister has the power to transfer the assets and liabilities and to make provisions for the continuation of contracts before that date. In that regard, the Limerick regeneration agencies have significant ongoing contracts with building contractors that need to be transferred to Limerick City Council before the bodies cease to have legal effect.

Second, both the Local Government Management Agency, LGMA, and the Housing and Sustainable Communities Agency, HSCA, have been established on an administrative basis for a number of years at this point. Both new bodies are absolutely crucial to the Department's rationalisation programme as they take over the work that has been carried out separately by six different agencies. At present, the LGMA and the HSCA cannot employ staff directly, they have to keep multiple accounts and multiple sets of records, which means they are incurring extra costs, and the HSCA has two separate audits. The lack of legislative footing is severely hampering both agencies' ability to realise the full efficiency gains that were a factor in their establishment. The CEO of the HSCA has recently written to the Department highlighting the very negative impact the lack of statutory footing is having on the HSCA's operation and on its staff, as the final staffing complement cannot be finalised until such time as the body is established.

The third point is that An Chomhairle Leabharlanna is to be dissolved and a smaller library unit established in the LGMA. An Chomhairle Leabharlanna has statutory functions that must be transferred to the LGMA and it has sufficient funding to the end of June only. The dissolution and transfer need to happen before that time. These are the reasons the Bill must be taken.

An Ceann Comhairle

I must put the question.

Question put: "That the proposal for dealing with No. 5 be agreed to."

The Dáil divided: Tá, 83; Níl, 35.

Tá

• Bannon, James.
• Barry, Tom.
• Butler, Ray.
• Buttimer, Jerry.
• Cannon, Ciarán.
• Carey, Joe.
• Coffey, Paudie.
• Conaghan, Michael.
• Conlan, Seán.
• Connaughton, Paul J.
• Conway, Ciara.
• Coonan, Noel.
• Corcoran Kennedy, Marcella.
• Costello, Joe.
• Creed, Michael.
• Daly, Jim.
• Deasy, John.
• Deenihan, Jimmy.
• Deering, Pat.
• Doherty, Regina.
• Donohoe, Paschal.
• Dowds, Robert.
• Doyle, Andrew.
• Durkan, Bernard J.
• Farrell, Alan.
• Feighan, Frank.
• Fitzpatrick, Peter.
• Flanagan, Charles.
• Flanagan, Terence.
• Griffin, Brendan.
• Hannigan, Dominic.
• Harrington, Noel.
• Harris, Simon.
• Hayes, Tom.
• Hogan, Phil.
• Howlin, Brendan.
• Humphreys, Heather.
• Humphreys, Kevin.
• Keating, Derek.
• Keaveney, Colm.
• Kehoe, Paul.
• Kelly, Alan.
• Kenny, Enda.
• Kenny, Seán.
• Kyne, Seán.
• Lawlor, Anthony.
• Lynch, Kathleen.
• Lyons, John.
• McCarthy, Michael.
• McGinley, Dinny.
• McHugh, Joe.
• McLoughlin, Tony.
• McNamara, Michael.
• Mulherin, Michelle.
• Murphy, Eoghan.
• Nash, Gerald.
• Naughten, Denis.
• Neville, Dan.
• Nolan, Derek.
• Ó Ríordáin, Aodhán.
• O’Donnell, Kieran.
• O’Donovan, Patrick.
• O’Dowd, Fergus.
• O’Mahony, John.
• O’Sullivan, Jan.
• Penrose, Willie.
• Phelan, Ann.
• Quinn, Ruairí.
• Rabbitte, Pat.
• Reilly, James.
• Ryan, Brendan.
• Shatter, Alan.
• Shortall, Róisín.
• Spring, Arthur.
• Stagg, Emmet.
• Stanton, David.
• Timmins, Billy.
• Tuffy, Joanna.
• Twomey, Liam.
• Varadkar, Leo.
• Wall, Jack.
• Walsh, Brian.
• White, Alex.

Níl

• Adams, Gerry.
• Boyd Barrett, Richard.
• Browne, John.
• Calleary, Dara.
• Colreavy, Michael.
• Cowen, Barry.
• Doherty, Pearse.
• Donnelly, Stephen S.
• Dooley, Timmy.
• Ellis, Dessie.
• Ferris, Martin.
• Flanagan, Luke ‘Ming’.
• Fleming, Tom.
• Grealish, Noel.
• Healy-Rae, Michael.
• Higgins, Joe.
• Kelleher, Billy.
• Kirk, Seamus.
• Kitt, Michael P.
• Mac Lochlainn, Pádraig.
• Martin, Micheál.
• McConalogue, Charlie.
• McGrath, Finian.
• McGrath, Mattie.
• McGrath, Michael.
• McLellan, Sandra.
• Murphy, Catherine.
• Ó Caoláin, Caoimhghín.
• Ó Cuív, Éamon.
• Ó Fearghaíl, Seán.
• O’Brien, Jonathan.
• Pringle, Thomas.
• Ross, Shane.
• Smith, Brendan.
• Wallace, Mick.

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Jonathan O’Brien and Seán Ó Fearghaíl.

Question declared carried.

Deputy Micheál Martin

Yesterday I raised an issue pertaining to promised legislation and the significant variation in the growth rates projected by the Government last April compared to its figures for this year, which project not only lower growth rates but also lower GDP, GNP, job creation and higher unemployment and public debt between 2012 and 2015. Alarmingly, there has been a significant reduction in the estimate for employment creation between last year and this year. The Government is predicting that 40,000 fewer net new jobs will be created between 2012 and 2015. The fiscal responsibility Bill is important and the Taoiseach indicated that the heads of Bills of this nature would be published in advance of the draft legislation to facilitate discussion.

The Taoiseach has said from the outset of his time in office that the accuracy and credibility of growth targets and estimates are critical to future policy formulation. In that context, can he indicate when the fiscal responsibility Bill will be published and whether it is his intention to allow the House access to the draft heads of the Bill?

Has the Taoiseach clarified with the Minister for Defence whether invitations to the event at Custume barracks were issued solely to Fine Gael and Labour Party councillors and that representatives of other partiers were not invited?

An Ceann Comhairle

That is not in order on the Order of Business.

Deputy Barry Cowen

Disgraceful.

Deputy Micheál Martin

That is politicisation of the Army -----

An Ceann Comhairle

The Deputy should table a parliamentary question.

Deputy Micheál Martin

----- and we need to be careful about it.

An Ceann Comhairle

I would appreciate the Deputy's co-operation because other Deputies wish to ask questions.

Deputy Micheál Martin

The Taoiseach indicated that he would clarify the matter with the Minister. It is an important issue that will not go away.

An Ceann Comhairle

It is not on the Order of Business.

Deputy Micheál Martin

I appreciate that. I am merely asking the Taoiseach to revert to me today on the question about Custume barracks.

The Taoiseach

The heads of the fiscal responsibility Bill were published on 2 April as a consultation paper to assist people in regard to the fiscal stability treaty referendum. The referendum will take its course and that is why the heads of the Bill were published in accordance with what we said. The fiscal responsibility (No. 2) Bill, which deals with public expenditure, will be published later in the session.

I have not had an opportunity to discuss the question regarding Athlone with the Minister for Defence.

An Ceann Comhairle

Not in the Chamber, please. It is not a matter for the Order of Business.

The Taoiseach

I would think it a matter suitable for the Topical Issue debate.

An Ceann Comhairle

I do not want to create a precedent.

Deputy Micheál Martin

Will the Taoiseach revert to me on it?

Deputy Billy Kelleher

It is shameful.

Deputy Timmy Dooley

The Minister, Deputy Shatter, is texting the response to the Taoiseach now.

Deputy Gerry Adams

The Government has promised to reform the consolidated domestic violence legislation. The Taoiseach will be aware that Women's Aid is due to publish its annual statistics next month. Figures released by Safe Ireland indicated an increase of 38% in 2010 in the number of women and children who were unable to access refuges. One presumes that the figure will have increased last year due to the cuts. When is it intended to introduce this legislation?

The Taoiseach

To what legislation is the Deputy referring?

Deputy Gerry Adams

The Government promised consolidated and reformed domestic violence legislation.

The Taoiseach

I will have to revert to the Deputy with accurate information. I do not have a date for publication. It is an important Bill and correspondence has come through in respect of it. I will have a message sent to the Deputy on it.

Deputy Michael McCarthy

I ask about No. 21 on the legislative programme for the summer session, namely, the criminal justice (search powers) Bill. This legislation is being considered in the context of the overturning of a conviction relating to the proceeds of the Northern Bank robbery. The Minister for Justice and Equality gave a commitment that it would be enacted at the earliest opportunity. When can we expect the Bill to come before the House and does the Taoiseach expect cross-party support?

The Taoiseach

A great deal of work has been done on the criminal justice (search powers) Bill and it is expected to be published this session.

Deputy Michael Healy-Rae

The health insurance (risk equalisation) Bill aims to put in place a permanent risk equalisation scheme to provide support for the higher cost of health insurance claims for older people by 2013. This is important legislation in terms of providing certainty to older members of society that they will be in a position to get health insurance cover in the future.

The Taoiseach

The health insurance (risk equalisation) Bill is not due this session but as it has to be implemented before the end of this year it will be brought during the next session.

Deputy Bernard J. Durkan

When is it expected that the company law (consolidation) Bill will be made available for debate in the House, having particular regard to the need to eliminate malfeasance and the general disregard for company law over the past ten years?

The Taoiseach

I referred to the company law Bill previously in response to Deputy Durkan's questions. The Minister for Jobs, Enterprise and Innovation reported progress on the legislation during the week. It will contain 1,400 sections. It is largely drafted and is due to be published later this year.

Deputy James Bannon

In the interest of clarification on the privacy and confidentiality issues and to allay the public's fears, can the Taoiseach indicate when the data sharing Bill will be brought before the House?

The Taoiseach

I do not have a date but I will ask the relevant Minister what progress is being made. I believe it is a while away yet.

Deputy Jerry Buttimer

Further to Deputy Durkan's question, I ask about the companies Bill. With the indulgence of the Ceann Comhairle I would like to commend the Taoiseach and the Tánaiste -----

An Ceann Comhairle

Perhaps he can do so at his parliamentary party meeting.

Deputy Jerry Buttimer

----- on their involvement in resolving the Vita Cortex situation in Cork. I compliment the workers, who will hopefully be leaving the company today.

An Ceann Comhairle

I invite the Taoiseach to respond to the praise he was given.

The Taoiseach

One does not look for praise around here but I am glad the Vita Cortex problem has been resolved. I publicly commended the workers on their persistence and belief in the search for respect. All of those involved deserve credit, but particularly the workers.

An Ceann Comhairle

I ask the Taoiseach to address the Bill about which Deputy Buttimer inquired.

The Taoiseach

It will be later this year.