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Dáil Éireann debate -
Tuesday, 25 Sep 2012

Vol. 775 No. 3

Order of Business

It is proposed to take No. 11, motion re membership of committees; and No. 4, Thirty-First Amendment of the Constitution (Children) Bill 2012 - Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn not later than 10 p.m.; No. 11 shall be decided without debate; and Private Members’ business shall be No. 59, motion re Magdalen laundries.

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 to? Agreed.

Is the proposal for dealing with No. 11, motion re membership of committees, without debate, agreed to? Agreed.

In order to facilitate the smooth running of the House, I did not wish to object to the Order of Business. However, I would appreciate if the Government would consider including on tomorrow's Order of Business an opportunity for the Minister for Health, Deputy James Reilly, to make a statement to the House about the development of primary care centres and their selection and to answer questions from Members. The timeframe and time limits at priority question time will not permit this because they are clearly too short to allow for any meaningful evaluation of why he made those decisions. I ask the Taoiseach to consider my request with regard to the Order of Business this week.

I have two questions about the programme for Government. On a previous occasion the Taoiseach said it was a political decision so I ask him to clarify whether the ministerial order for the delegation of ministerial powers with regard to primary care has been laid before the House. The Minister of State, Deputy Shortall, said she had been seeking those delegation orders and had not received them. I would appreciate clarification on this matter. I believe it is a Government decision.

Does the Taoiseach intend publishing the Thornhill report on property tax? Members would appreciate publication of that report which has been with the Cabinet since June. Publication would help Members to make an informed contribution to a debate which is raging outside the House but is not receiving any attention within the House.

As every day goes by, the crime situation is becoming more serious. Murders are being committed on an unprecedented scale, with two murders in the space of 24 hours and one man murdered in front of his children. I note there are two Bills in the legislative programme which emanate from the Department of Justice and Equality, the mental capacity Bill and the DNA database Bill. When will the DNA database Bill come before the House? I ask the Taoiseach about the commitment in the programme for Government to deal with crime. At the moment the criminal warlords-----

That is a separate issue.

-----are doing what they wish across the city. Is the Garda Síochána adequately resourced to deal with these criminal warlords who seem to think that-----

That should be the subject of a parliamentary question to the Minister for Justice and Equality.

-----they can act with impunity and without any reference to the law?

I do not propose to allow for a statement by the Minister for Health, Deputy Reilly, tomorrow. He is answering priority questions on Thursday and he will answer any questions from Members with regard to his sector and the Government stimulus package for development which was approved and announced earlier in the year. I will check this for the Deputy but I understand the ministerial order delegating responsibility was approved and I understand it was laid before the House. I will confirm the information in case I am mistaken. I spoke to the Minister, Deputy Reilly, about that matter and he informed me that the order was processed in the normal way. If I am incorrect in my recollection of it-----

The Taoiseach needs to communicate that to Deputy Shortall.

To keep the coalition together.

The Minister will bring his recommendations on the Thornhill report to the Government over the next period. The report will be made public once the Government has reflected on it.

I ask the Taoiseach to define what he means by the next period. Is it two to three months?

In the case of crime-----

No, Taoiseach, the legislation in relation to-----

The Minister has had the report for four months.

Yes, he has had it for a while.

I would appreciate if we did not have a chat across the Chamber.

It is important legislation. You seem to have taken a position on it before it is published - or your party seems to have taken a position on it.

Maybe you will include the whole lot of us in this discussion through the Chair, please.

I thought I heard some rumblings that you had already taken a decision about it before-----

The rumblings were very clear.

-----the thing was even published. I can confirm that the DNA database Bill and the mental capacity Bill will be prioritised and published in this session. I refer to the brutal murders in front of children on the streets of this city and in the country, as described. This is brutal treatment by people who have ordered the destruction and the assassination of people, in public, in front of children on the streets of Ireland. Life has become very cheap indeed. I note the comments from the Assistant Commissioner and from the Minister for Justice and Equality and the interaction with the Garda Commissioner. The Deputy may rest assured that as we have always done, we will not neglect to ensure the capacity of the Garda Síochána - who do so much extraordinary work throughout the country - to deal with these underworld drug lord assassination squads carrying out their murders in public for territorial or financial gain. It is reprehensible in this day and age, in Ireland of 2012, that these things can happen on the streets of the country. The Minister for Justice and Equality and the Garda Commissioner will apply themselves to providing whatever resources are necessary to deal with these crimes and to bring to justice those who carried out these murders.

Given those remarks, the Taoiseach might consider assisting the Garda Síochána in order to provide sufficient resources for their task.

I planned to ask a question about the ministerial order in respect of responsibility for primary care but the Taoiseach has informed the House that the Minister, Deputy Reilly, has reassured him that this has been laid before the House. However, this information does not fill me with confidence. I think the Taoiseach should check that information and let us know-----

He said he will check it out.

-----if that is, in fact, the case.

I refer to the comments this morning of Mr. Justice Peter Kelly of the High Court. He referred to appointments to the Supreme Court which he said were purely political, in his view. He further stated that the Judicial Appointments Advisory Board has not worked in making judicial appointments truly independent.

Where is the Deputy going with this?

In fact, a number of the appointments to the Bench which took place under the Government have had political links with Fine Gael or the Labour Party.

Is there a question on legislation?

Does the Taoiseach have plans to bring forward legislation to ensure judicial appointments are truly independent and free from political interference?

Has legislation been promised?

On the issue of Garda resources, I have already given my comments to Deputy Micheál Martin. I sent the Deputy a copy of the relevant statutory instrument in respect of the health issue she had raised. I am assuming my information is correct in this regard.

The Taoiseach should be careful.

The comments by Mr. Justice Kelly to which the Deputy referred related specifically to Supreme Court appointments. We have been very careful never to interfere with the Judiciary. Nobody in this country could quibble with the elevation of Mrs. Justice Susan Denham from the Supreme Court to the role of Chief Justice. The two most recent appointments to the Supreme Court, Mr. Justice Clarke and Mr. Justice MacMenamin, were made by a previous Administration on the basis of the appointees' qualities, integrity and credibility.

We are moving away from the Order of Business.

The Judicial Appointments Advisory Board makes recommendations from which the Government may select a candidate. However, Supreme Court judges are appointed by the President. In respect of the three most recent appointments, I do not see how anybody could quibble with the individuals' integrity and ability.

Will the Ceann Comhairle indicate what opportunities might be made available to allow Deputy Gerry Adams to make a statement to the Dáil on the very serious allegations made against him earlier this week?

That is not in order.

Will you ask Deputy Gerry Adams to clarify the issues that arise for his party-----

I ask the Deputy to resume his seat.

I will defer to the Ceann Comhairle.

I thank the Deputy.

There has been much discussion of late regarding moneylending and financial institutions. Given what I have heard about the treatment meted out to parents who have gone cap in hand to their local credit union seeking finance to get their children through college, it is vital that we have a robust debate on the forthcoming legislation on credit unions. These are people who always met their repayments and had good track records, yet they have been denied financing.

The Deputy will have an opportunity to make that point during the debate on the legislation.

We must have a robust debate in this House on the role of credit unions and other credit and financial institutions into the future.

Has legislation been promised?

Legislation in this area is a troika requirement. Two Bills, the credit union Bill and the credit reporting Bill, were approved and passed by the Cabinet this morning.

During his time as Leader of the Opposition and since coming into government, the Taoiseach has made much of the importance of tourism to the economy. The Gathering, for example, which is to take place next year, has been identified as an important initiative with the capacity to attract large numbers of visitors. The Government has indicated a desire to separate Shannon Airport from the Dublin Airport Authority, which will also have implications for Cork Airport.

Does the Deputy's question relate to promised legislation?

Yes. When does the Taoiseach intend to bring the required legislation to the House to implement that change?

Second, in the light of spiralling oil prices, will the Taoiseach reconsider the emergency legislation my party brought forward last year which would allow the price of fuel to be moderated when it reaches that peak and provide the Government with the capacity to review the level of excise duty it takes on the price of oil on a quarterly basis? The Minister for Finance is in the Chamber and may be able to offer some guidance on this issue.

This morning the Government gave authorisation to the Minister for Jobs, Enterprise and Innovation to follow through on the Government's decision on the Shannon regional development zone.

Is the Taoiseach referring to the abolition of Shannon Development?

Yes, authorisation was given to follow through on that decision.

The second issue raised by the Deputy is a budgetary matter. The Minister for Finance will be happy to take proposals from Members before final decisions are made on the budget. The Deputy will have the opportunity to put forward his views.

To clarify, is the Taoiseach saying the Government decided today to abolish Shannon Development?

Deputy Timmy Dooley must resume his seat.

Based on yesterday's revelations by the chief executive officer of Bord Gáis of a two year delay in the installation of water meters, can we expect a similar delay in regard to the legislation promised on the establishment of Irish Water?

No. We are facing a situation where 160,000 people are out of work in the construction sector. This is about installing meters, either on private properties or at the connection point between a public water supply and a private home. I listened to the comments to which the Deputy referred and we do not accept the figures given and have made no decision on the matter. We have decided to set up Irish Water as a publicly owned entity under the overall umbrella of Bord Gáis. That is a matter for discussion and there will be no undue delay in dealing with the legislation.

What is the status of the education and training boards Bill to allow for the reform of the VEC sector? In a slight deviation, I draw the Taoiseach's attention to an ongoing industrial dispute at Laois VEC-----

There can be no deviations on the Order of Business.

-----where the chief executive officer has torn up a 13 year old agreement on transfers which has served teachers, pupils and the VEC well.

The Deputy should find another way to raise that matter.

Teachers voted yesterday in favour of strike action.

What was the Deputy's question that was in order?

I am raising this matter because it has the potential to escalate. I am asking the Taoiseach-----

The Deputy cannot do so because it is not relevant to the Order of Business.

-----to ask the Minister for Education and Skills to intervene to prevent such an escalation.

I am asking the Deputy to try to remain in order.

It is a minor deviation to raise an important matter. I have submitted a request for a Topical Issue debate on it.

I expect the education and training boards Bill to receive clearance very shortly.

Can the progress of the workplace relations Bill be accelerated? Will the Taoiseach confirm that the legislation will address recent unacceptable work practices such as that at Tipperary Water where staff have been arbitrarily laid off in a fashion similar to-----

The Deputy cannot discuss the content of forthcoming legislation.

That legislation is a distance away. We expect to bring it forward either at the end of this year or early next year.

Before calling Deputy Jerry Buttimer, I express the hope that at least one Member will be in order today. It would be a change.

I welcome the Taoiseach's earlier comments on gangland activity and the brutal murders that took place in recent days. Will he indicate the status of Nos. 47 to 49, inclusive, in the Government's legislative programme regarding criminal assets and criminal justice? We must be able to go after these thugs who kill and maim. I implore members of all political parties to work together to eliminate them from our society.

Is that a call to vigilante action?

The Minister for Justice and Equality is in continuing contact with the Garda authorities and the Commissioner with a view to ascertaining how the Government can strengthen the legislative hand of the Garda in its operations in this area. The legislation in question is somewhat down the line. We must await the conclusion of the discussions between the Minister and the Commissioner to see whether we might assist with some other element of priority legislation.

In view of the grave concern that the Government's servile acceptance of the troika diktat for a property tax - in reality, a home tax - is causing ordinary people living in modest homes, can we have clarity on the timeframe as to how this will be worked out?

Is the Deputy inquiring about legislation?

I am referring to No. 16 on the Government's legislative programme.

To which Bill does the Deputy refer?

I refer to the finance (local property tax) Bill.

Will the Taosieach indicate when the Bill is due?

It is a little more complicated than that. The Thornhill report will be an important basis for this legislation, but the Taoiseach has indicated that it has not yet been brought to the Cabinet and is still with the Minister for the Environment, Community and Local Government. When will it be brought to the Cabinet and published?

Second, the finance (local property tax) Bill is listed for the Department of Finance in the legislative programme, suggesting the Minister for Finance will introduce it. What is the crossover between the Department of the Environment, Community and Local Government and the Department of Finance in this instance? Which Minister will be responsible for this horrifically regressive legislation?

I realise the Deputy must get his fix for organising protest meetings and I am glad, therefore, to offer him clarity on the matter.

The decision that was made is that there will be a property tax which will apply from July next year. The Revenue Commissioners were mandated by the Government to put together the mechanics of the scheme and the Minister for Finance will provide all the details and clarity the Deputy requires in the budget.

When will the Thornhill report go before the Cabinet?

In the not too distant future.

When will legislation on minimum pricing for alcohol come before the House? Until recently, a central plank of Government policy was that alcohol abuse would be tackled head on through minimum pricing. In view of what happened at the Swedish House Mafia concert in the Phoenix Park and what happens on our streets every Thursday, Friday and Saturday night, will the Taoiseach indicate when the legislation will come before the House? This seems to be a result of the paralysis-----

I will get the information the Deputy seeks but we cannot have a conversation on the issue.

-----in the Department of Health between the Minister of State, Deputy Róisín Shortall, and her senior Minister.

It is not necessary to drift into this type of discussion.

The matter I raise is related to the delivery of policy. The Minister of State has had her policy platform kicked out.

The Deputy should not worry about the Minister of State for a moment. We will find out when the relevant Bill is due.

I seek clarity on whether minimum pricing for alcohol remains a Government commitment and priority.

I thought the Deputy was about to tell me about the difference of opinion between Deputies Ó Cuív and Martin but these things get sidelined. To answer his question, which is on an issue in which I know he has a genuine interest-----

I have spent many hours discussing it in committee with Deputy Buttimer.

-----this matter is one for serious discussion at the next meeting of the Cabinet sub-committee on social policy, which I believe is scheduled for next week. As the Deputy is aware, the Minister of State, Deputy Shortall, has produced a report which includes some very valuable recommendations. There is also the issue of a requirement concerning the physical location of alcohol in retail outlets, which is a matter that comes through the Department of Justice and Equality. Other Ministers have an interest in this issue, which is due for serious discussion at the next meeting of the sub-committee on social policy.

The proposal was blown out of the water by the Ministers for Agriculture, Food and the Marine, Arts, Heritage and the Gaeltacht and Transport, Tourism and Sport, Deputies Coveney, Deenihan and Varadkar, respectively.

At last, I have come to a juncture where I agree entirely with the points made by Deputies Martin, Buttimer and others. Ten years ago, as the Ceann Comhairle well remembers and those Deputies who were in the House at the time should also remember, I raised the issue of organised crime.

I remember it well.

Normal methods will not resolve the problem of organised crime.

What Bill were we discussing at the time?

I will come to that in two seconds. I have long since advocated the introduction of a single, consolidated Act to deal with membership of organised criminal gangs because nothing else will put them out of business. Legislation is promised and I suggest the Criminal Justice (Miscellaneous Provisions) Bill be used as a vehicle to introduce one Act that will deal, once and for all, with organised criminals. Otherwise, we will continue to live with them as we have done for the past ten or 15 years. Will such a Bill be introduced and will my advice be taken on this occasion?

I do not know about the Deputy's advice being taken but we will find out when the Bill is being taken.

Deputy Durkan's advice is always relevant. The Minister for Justice and Equality has requested his Department to review the operation of the organised crime provisions that are contained in the Criminal Justice (Amendment) Act 2009 to determine if they should be strengthened. The Bill to which the Deputy refers will be taken later this year or early next year. The Minister is in contact with the Garda Commissioner arising from the latest spate of gangland murders.

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