Dáil Éireann debate -
Wednesday, 18 Jul 2012

Vol. 773 No. 2

Order of Business

The Taoiseach

It is proposed to take No. 1, Wildlife (Amendment) Bill 2012 [Seanad] - Second and Remaining Stages; No. a14, Criminal Justice (Search Warrants) Bill 2012 - Committee and Remaining Stages; and No. 14, Personal Insolvency Bill 2012 - Second Stage (resumed).

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 midnight; and (2) Second and Remaining Stages of No. 1 shall be taken today and the following arrangements shall apply: (i) the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 5 p.m.; and (ii) the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Arts, Heritage and the Gaeltacht. Private Members' business shall be No. 28, Consumer Credit (Amendment) Bill 2012 - Second Stage (resumed), to conclude at 9 p.m. tonight, if not previously concluded.

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal that the Dáil shall sit later than 9 p.m. tonight agreed? Agreed. Is the proposal for dealing with No. 1 agreed? Agreed.

Deputy Micheál Martin

Yesterday, the Supreme Court overturned the 2007 ruling of the High Court to allow former members of consortiums that submitted successful bids for the mobile telephony licence in the 1990s to seek damages for alleged fraud, conspiracy, deceit, corruption and so on in public office. Last year, the Moriarty tribunal made clear findings regarding the awarding of that licence. In that context, does the Taoiseach accept the findings of the Moriarty tribunal? Can he outline to the House the timeframe for implementing the legislation the Government has promised as a result of the findings and recommendations of the Moriarty tribunal?

The Taoiseach

The Supreme Court made its decision yesterday, and the matter will be returned to the High Court. As I said yesterday at the press conference, I would like to reflect on the written judgment of the Supreme Court, which will not be available for quite some time, to determine whether there are any implications for the State. This is a private matter which will now return to the High Court. Mr. Justice Moriarty made his findings very clear in regard to the issuance of the licence, and his findings stand.

Deputy Micheál Martin

Does the Taoiseach accept them?

The Taoiseach

As far as the legislation is concerned, I will revert to Deputy Martin with details.

Deputy Micheál Martin

Does the Taoiseach accept the findings?

The Taoiseach

The findings are very clear.

Deputy Gerry Adams

Tá cúpla ceist agam faoi reachtaíocht atá fógraithe. Yesterday, the Government announced plans to hold a referendum on a reorganisation of the structure of the courts, including the setting up of a court of civil appeal and a new unified family court. When does the Taoiseach intend to introduce legislation to provide for that referendum, and when does he expect the referendum to be held?

The Minister for Justice and Equality also stated that the Taoiseach is considering changes to Article 26 of the Constitution, which gives the President power to refer Bills to the Supreme Court. What role does the constitutional convention play in any of that? Will these different propositions become the work and remit of the constitutional convention or will the Government bypass it?

The Taoiseach

No. The programme for Government contains a clear commitment to have family law courts and a court of civil appeal. The Government authorised the Minister for Justice and Equality to begin the process of discussions with the Attorney General that will lead to its becoming a reality. Clearly, when the constitutional convention starts its work in September it will be quite entitled to reflect in due course upon these issues and others that it might consider necessary. The Minister for Justice and Equality did not indicate any timescale for the process of work which will lead to a referendum in due course in regard to the commitments in the programme for Government. Obviously, that will not prevent the constitutional convention from reflecting upon those matters also.

An Ceann Comhairle

I call Deputy Higgins.

Deputy Gerry Adams

A Cheann Comhairle, can I come back on that issue?

An Ceann Comhairle

On what issue?

Deputy Gerry Adams

On the issue the Taoiseach just mentioned.

An Ceann Comhairle

We cannot have a debate on it, Deputy.

Deputy Gerry Adams

I am not asking for a debate. I just want to ask another question.

An Ceann Comhairle

Is it in regard to legislation?

Deputy Gerry Adams

Yes, and also the constitutional convention.

An Ceann Comhairle

Go ahead.

Deputy Gerry Adams

We have welcomed the establishment of the constitutional convention, but it strikes me that it is limited and this is further proof that it is limited. Would it not be better to put these matters on the clár of the constitutional convention to have them dealt with?

The Taoiseach

The constitutional convention has a specific remit to give its views on a number of defined issues, but it is not confined to that area of work alone. It can consider these or other areas on which it wishes to make its observations or views known. It can do so in the normal way. What it considers will be part of its function.

Deputy Gerry Adams

It appears that Ministers are referring these issues to the constitutional convention.

Deputy Mattie McGrath

It is a solo run.

The Taoiseach

What the Government authorised the Minister to do yesterday was to start the process of discussions with the Attorney General to give effect to a strategy that would lead to the commitments in the programme for Government in regard to new courts being implemented. A long series of discussions will have to take place about their nature, scope and responsibility and what will happen in the future. The constitutional convention can add to the discussion in a perfectly normal way.

Deputy Gerry Adams

I ask the Government to refer these matters to the constitutional convention.

The Taoiseach

I do not want to speak for-----

An Ceann Comhairle

We can do that by way of parliamentary question.

Deputy Joe Higgins

With regard to the business to be conducted in the Dáil between now and tomorrow evening when this session ends, many stressed homeowners will hope the report to be released today on the pyrite disaster will provide for a resolution to the nightmare and mental anguish they have suffered as a result of being innocent victims of negligence on the part of sections of the construction industry. Will the Taoiseach commit to introducing legislation as early as possible to resolve this nightmare? Since the Dáil is rising tomorrow, will he ask the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, to make a statement and perhaps provide for questions tomorrow on the report and the actions that could be taken? Some of the leaks are worrying. It has been suggested the report does not find anybody to blame, which means householders could still be running around years from now seeking redress. That would not be acceptable.

The Taoiseach

It has been a difficult process and a disaster for people who worked hard, got their mortgages, bought their houses and found there was a problem. The Government has commissioned the report and focused on what happened, the scale of the problem and what needs to be done. The report clearly points to the setting up of a resolution board where all of those involved - quarries, contractors, insurance companies and others - would sit around a table. If they are unable to come up with a voluntary solution, the Government will consider imposing a levy on the industry. The people affected deserve to have their houses repaired.

Deputy Patrick Nulty

Last week hundreds of our fellow citizens gathered outside Leinster House to protest against the despicable advertising campaign being run by the reactionary Youth Defence organisation. When will the expert working group commissioned by the Government to address issues around the X case report? Will the Government commit to legislate 20 years on from the Supreme Court decision in the X case and ensure the rights of women are protected?

An Ceann Comhairle

Is there promised legislation?

The Taoiseach

I answered this question yesterday. The expert committee tasked with the particular responsibility asked for an extension of time which has been granted by the Minister for Health. It will report to him in due course.

Deputy Dan Neville

The health and social care professionals (amendment) Bill was expected during this session. Will the Taoiseach update us on the current status of the Bill in terms of its publication?

The Taoiseach

I expect the health and social care professionals (amendment) Bill to be brought before the Cabinet next Tuesday. I hope that will be the case. I am advised that the Bill is practically concluded.

Deputy Barry Cowen

The interview.

Deputy Mattie McGrath

Will the Taoiseach inform the House when the Green Paper on the reorganisation of the Defence Forces will be published in view of what is happening with the Minister who reduced two commands yesterday? Will the Green Paper examine the future participation of the Defence Forces in major religious events?

An Ceann Comhairle

The Deputy cannot deal with the content of the Green Paper.

Deputy Mattie McGrath

No. The Minister would not allow the Army to participate in the recent congress. It is appalling if that is true.

Deputy Micheál Martin

The Eucharistic Congress.

Deputy Mattie McGrath

Yes. I can assure the Chief Whip that there is nothing funny about it.

The Taoiseach

Yesterday the Minister announced the reorganisation of the Defence Forces. It was agreed between the Chief of Staff of the Army and the Department of Defence that the strength of the Defence Forces would be retained at 9,500.

An Ceann Comhairle

Deputy Mattie McGrath is asking about a Green Paper.

The Taoiseach

That will follow, but the reorganisation was agreed to and announced yesterday.

Deputy Mattie McGrath

Will it cover-----

An Ceann Comhairle

We cannot deal with the content.

Deputy Mattie McGrath

Will it cover the future participation of the Army in religious services?

An Ceann Comhairle

No, that is the subject matter of a parliamentary question.

Deputy Mattie McGrath

Is it true that the Minister refused to allow the Army to participate in the Eucharistic Congress?

The Taoiseach

The Green Paper will be about what will happen in the future.

Deputy Robert Dowds

In the light of the continuing appalling problems we have with the abuse of alcohol, will the Taoiseach to provide an update on the public health (alcohol) Bill?

The Taoiseach

As the Deputy is aware, the Minister of State, Deputy Róisín Shortall, and the Minister for Justice and Equality, Deputy Alan Shatter, are dealing with aspects of the alcohol issue. As the previous sub-committee meeting on social policy there was a detailed discussion on the serious issues involved. The sub-committee mandated the Minister of State to bring her recommendations to the committee. The next meeting will be entirely devoted to the alcohol issue, including the aspects the Minister is dealing with, including the separation of alcohol in retail outlets and a number of other matters. When the sub-committee concludes its review of the presentations to be made by the Minister of State and the Minister, it will be brought to the Government and we will act on the matter as speedily as possible. As the Deputy is aware, a number of serious matters are involved. I made the point to someone yesterday that every night of the week 2,000 hospital beds were occupied by people who were out of their minds on drink or with drink-related problems.

Deputy Aengus Ó Snodaigh

Last week I asked the Taoiseach whether a pensions Bill was due dealing with a change to contributory pensions. He said it was difficult legislation and that the Minister for Social Protection, Deputy Joan Burton, had commenced work on it but that he would come back to me with a more accurate time frame for when it would be brought before the Government for approval. I have since learned that the effects of the proposed changes will mean that some workers retiring in September this year-----

An Ceann Comhairle

We cannot discuss the detail of the Bill.

Deputy Aengus Ó Snodaigh

The Taoiseach gave the wrong information. The workers in question will receive €30 less per week-----

An Ceann Comhairle

We are only dealing with the matter of publication of the Bill.

Deputy Aengus Ó Snodaigh

Yes, exactly. There is very little awareness of the changes to be mde-----

An Ceann Comhairle

The Deputy should not raise the matter on the Order of Business.

Deputy Aengus Ó Snodaigh

The measure is being introduced by ministerial order rather than primary legislation. The Taoiseach was incorrect in his reply to me last week. I ask him to appeal to the Minister to withdraw the ministerial order and introduce-----

An Ceann Comhairle

No, we can only deal with-----

Deputy Aengus Ó Snodaigh

I am sorry, a Cheann Comhairle, the Minister must introduce legislation which the Taoiseach seemed to suggest in his reply last week was forthcoming.

The Taoiseach

The Deputy will have received a letter from the Minister for Social Protection on 11 July from which he is quoting. I am sorry if I was incorrect in the information I gave him about the legislation. I note in the Minister's letter to the Deputy that she says the changes will be provided for in secondary legislation and that the drafting of the regulations is well advanced. I offer my apologies to the Deputy in that regard.

Deputy Bernard J. Durkan

In view of the topical nature of aviation matters, is it intended to have a debate in the House on such matters, having regard to the possible takeover or merger of Aer Lingus and Ryanair? In that context, I am not certain that the Irish Aviation Authority Bill could be discussed between now and the weekend, but in view of the major issues in the public arena-----

An Ceann Comhairle

On the aviation Bill.

Deputy Bernard J. Durkan

-----could a specific effort be made to have a debate on them in the House?

The Taoiseach

The Bill itself is not due until next year. Obviously, the Minister for Transport, Tourism and Sport, Deputy Varadkar, is reflecting on the offer made in respect of Aer Lingus by Ryanair and has stated he will consider it and report to the Government. I also note the comments of the board of Aer Lingus. The Minister, Deputy Varadkar, also is due to meet representatives of a number of the young trainee pilots who have been in difficulty in Florida in respect of their training. I apologise to Deputy Durkan but I do not believe it will be possible to have a debate on the issue in this Chamber today or tomorrow. However, the Government will keep the Deputy informed.

Deputy Robert Troy

Last week, the Minister for Children and Youth Affairs, Deputy Fitzgerald, made a commitment to my colleague that she would publish the fifth annual report of the special rapporteur on child protection this week. At what time today or tomorrow will the report be published? Furthermore, in light of recent media reports on the absence of appropriate vetting, a subject on which the Minister for Justice and Equality, Deputy Shatter, was highly vocal when in opposition, when will the national vetting bureau Bill be brought before the House?

The Taoiseach

The national vetting bureau Bill was cleared at Cabinet yesterday and will be for publication now. I will have the Chief Whip revert to the Deputy in respect of the publication by the Minister for Children and Youth Affairs of the fifth annual report. I cannot answer the Deputy as to what hour of today, tomorrow or Friday-----

Deputy Robert Troy

But it definitely will be published this week.

The Taoiseach

The Whip will let the Deputy know later on in the course of the morning.

Deputy James Bannon

When can Members expect the taxi regulation Bill to come before the House to deliver on the recommendations of the taxi review report? This legislation is urgently needed and has been awaited by Members for quite some time.

The Taoiseach

This is an important issue with which the Minister of State at the Department of Transport, Tourism and Sport, Deputy Kelly, is dealing. The heads of that Bill have been cleared and work is proceeding on it. It probably will be some time in the autumn session.

Deputy Jerry Buttimer

I commend the Taoiseach on his reply regarding the public sale of alcohol Bill. Are there Government proposals regarding legislative change to the holding of concerts, cultural events and sporting events? This week witnessed the holding without trouble or incident of the Munster hurling final and the Bruce Springsteen concert last night although at the latter event, alcohol was consumed and sold. However, there was trouble in the Phoenix Park recently and it is important to hold to account those who promote and hold such concerts. Are there legislative proposals in this regard?

An Ceann Comhairle

Is there promised legislation in this area?

The Taoiseach

No, but it obviously is a matter about which the Minister for Justice and Equality is concerned in his discussions with the Commissioner. As the Deputy is aware, licence conditions are attached to such events and they obviously are being reviewed in the light of what happened, namely, the appalling carry-on in the Phoenix Park.