It is proposed to take No. 11a, motion re ministerial rota for parliamentary questions; and No. 4, Thirty-First Amendment of the Constitution (Children) Bill 2012 - Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. and adjourn not later than 10 p.m.; and No. 11a shall be decided without debate. Private Members’ business shall be No. 59, motion re Magdalen laundries (resumed), to conclude at 9 p.m., if not previously concluded.
Order of Business
There are two proposals to be put to the House. Is the proposal that the Dáil sit later than 9 p.m. agreed to? Agreed. Is the proposal for dealing with No. 11a, motion re ministerial rota for parliamentary questions, without debate, agreed to? Agreed.
Last week I asked about the fiscal council report, the IMF report and the ESRI report and now we have a report from the Central Bank, all of which signal significant challenges and risks to Ireland in fulfilling its medium-term objectives and budget targets. Given the sense of dismissal of these reports by the Government, I am calling for a comprehensive debate on the serious issues raised by the authors of these reports, particularly the report of the fiscal council which we all agreed should be established to have an objective and independent forum to provide advice for the Government. I ask the Taoiseach to be proactive in organising and facilitating that debate. Also, what progress is has been made on the continuation of the Fiscal Responsibility Bill?
I will have no difficulty in arranging that the Dáil have an opportunity to debate the fiscal council report, the IMF report and the Central Bank report. The Deputy is obviously clear on the Government's fiscal correction figure of €3.5 billion. It is just a matter of the Whips arranging an appropriate time for that economic debate-----
The Government Whip tends to dictate what happens here.
The point is that the Government is quite willing to hear the constructive suggestions of any Deputy on these reports or issues arising from them as it prepares the budget for 2013. I wish to make it clear that the Government will not state its position on the budget in the debate, but with a correction of €3.5 billion to be made, we will be quite willing to hear the views of Members on any of the reports or other matters relevant to the budget as we prepare to meet the fiscal targets and adjustment figures set out for 2013.
I do not know whether the Taoiseach has read this story about the Minister, Deputy Phil Hogan, this morning-----
We do not display newspapers in the Chamber.
I am asking this question in the context of promised legislation and the ordering of business. It is a serious matter-----
I am sorry, but this is not in order on the Order of Business.
-----when a Cabinet Minister is involved in things that might be construed as encouraging discrimination.
In case the Deputy did not hear me, this is not in order on the Order of Business. There are other ways of raising the matter, other than on the Order of Business.
The Taoiseach plans to bring forward the Irish Human Rights and Equality Commission Bill, the purpose of which is to separate the commissions which I suggest need to be strengthened. I also suggest the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, needs to be informed that discrimination is unlawful, including discrimination against members of the Traveller community.
The Deputy should submit a parliamentary question on the issue.
I ask the Taoiseach to give a commitment that the Minister will come before the Dáil to make a statement on the matter.
Not on the Order of Business.
It is a headline banner news story in a national newspaper.
It is not a matter for the Order of Business.
It refers to actions that encourage and underwrite discrimination against members of the Traveller community. It is a most serious matter and I ask the Taoiseach to treat it as such and make time available for the Minister to make a statement on the issue.
In case the Deputy did not hear me, this is not a matter for the Order of Business. When is the legislation promised?
Legislation has been promised - the human rights Bill. However, it is not scheduled for publication until next year.
On the matter of the Minister making a statement -----
The Deputy should resume her seat.
On the issue of promised legislation, a justice and equality courts Bill is due to be published. Does the Taoiseach intend to introduce that Bill in this session? In view of the fact that Mr. Justice Peter Kelly said yesterday that many judges who were better qualified had been passed over for reasons to do with political preference, does the Taoiseach intend to include provision for the appointment of judges in the Bill?
We cannot debate the contents of the Bill. That is not a matter for the Order of Business.
I answered questions on this issue yesterday. A judicial appointments commission is in place and assesses the applications of those who wish to be considered for appointment to the Bench. Mr. Justice Peter Kelly has a brilliant record in running the commercial court. His comments were related to the Supreme Court. As I said yesterday, the Chief Justice was already a member of the Supreme Court before being appointed by the President as Chief Justice. Also, two other appointees to the Supreme Court had already been nominated to the High Court before being elevated. I do not believe anybody could quibble with their integrity, credibility and capacity to do the job as required on their appointment to the Bench.
What about the evidence?
I remind Deputies of what is in order on the Order of Business.
The President of the High Court chairs the judicial appointments commission and vets all applications.
We cannot have a debate on this matter on the Order of Business.
Nobody has been appointed, or will be appointed, who has not been vetted or approved by the judicial appointments committee, under the chairmanship of the president of the court.
The board-----
I ask both sides of the House to recognise the Chair when I try to rule in accordance with Standing Orders. I have to be seen to be fair to both sides. The distinction between what is allowed on the Order of Business and what is not is quite clear. I will not allow a question or the answer to that question if it is not in order. I want to be fair to everybody. There are other ways of dealing with this issue without raising it on the Order of Business. By all means, I will facilitate matters that are in order.
I would like to ask the Taoiseach about the Houses of the Oireachtas inquiries Bill, which provides a framework for Oireachtas inquiries, including a banking inquiry. It is listed in section C of the Government's legislative programme, which means the heads of the Bill have not been approved by the Government. The Bill will probably not be dealt with until 2013, which will be five years after the bank guarantee of 2008. If a banking inquiry is to occur, as promised in the programme for Government, it needs to be given some legislative priority. If the inquiry is delayed further, there is a danger that it will lose its usefulness.
I can confirm to the Deputy that the Minister for Public Expenditure and Reform will bring the heads of the Bill to the Government in the next few weeks. It will then move onto section A of the list. I hope we can have it published, at least, in this session. We will ensure it gets every priority.
Under this Administration, thousands of businesses are going bust every year, in many cases as a result of the suffocating demands associated with the Government's policy of austerity. The Government has promised to introduce a credit guarantee scheme. What is necessary at this stage to put such a scheme in place? When will that be done?
It is important to note that 17,000 new jobs have been created in the private sector. I see evidence every week of growing signs of confidence in the private sector.
Some 33,000 jobs have been lost.
Of course unemployment is much too high. It is a welcome trend to see the private sector increasing its workforce by 17,000. At a recent IBEC conference, the signs were that there will be a strong reaction from 600 businesses. The Government has set out its action plan for jobs. I expect that the commencement of the partial loan credit guarantee scheme and the micro-finance agency, along with other issues that are going into operation this month, will have an impact here. It is clear that access to credit from banks continues to be an issue.
Will the scheme be in place by the end of this month?
It seems to me that some commentators and some people in this country do not believe workers have the right to engage in industrial action to protect their pay and conditions.
Where are we going here, Deputy?
I will say exactly where we are going.
Thanks very much.
When will legislation to provide for the right of workers to engage in collective bargaining be published? When will we see it before the House?
I do not have any commencement date for the Bill referred to by the Deputy.
Is there any indication of a timeframe for the introduction of a Bill to provide for a referendum on the abolition of the Seanad?
No. A great deal of work has been done on this issue, for example, in terms of preparation for the legislation. There are practical considerations here. A referendum on the rights of children and on child protection is being held in November. I wish to make it clear to the Deputy that it will be put to the people. The question of when that will be done depends on certain practicalities. Ireland will have the Presidency of the European Union from January to June of next year. The Government has given an absolute commitment in this regard. The Deputy can take it that the people will have an opportunity to vote on the question of the abolition of the Seanad.
Last week, the Minister, Deputy Shatter, spoke about the need for a privacy Bill to be introduced. We do not think such a Bill is needed at this time. Can the Taoiseach tell the House when the Government intends to introduce the legislation in question for debate? Second, can he say when the judicial council Bill, which will provide for a complaints procedure with regard to judicial behaviour, will be introduced?
Much of the stuff that the Deputy's party did not think was necessary should have been done a long time ago. I suppose that is one of the things that has the country the way it is.
Many of the Minister's Cabinet colleagues do not think a privacy Bill is needed.
There is a Bill before the Seanad. The Minister, Deputy Shatter, has given a commitment to review the matter again.
There were no wonderful ideas coming from the other side of the House when we were in government.
There was no mention of these issues when the Deputy's party was in government.
Can the Taoiseach clarify the matter? I did not hear what he said.
The Deputy could not hear because the Taoiseach was being shouted down.
The Minister was slapped down by unions last week.
There is a Bill before the Seanad.
What Bill?
The privacy Bill.
Will the Government bring it before the House?
It is before the Seanad. The Minister, Deputy Shatter, has committed to reviewing that Bill.
What does that mean?
I would like to ask the Taoiseach about the local government reform Bill. It is vitally important for the Minister for the Environment, Community and Local Government to recognise the excellent work that is carried out by local authority members and county councillors throughout the country.
I am sure we all appreciate that, Deputy.
The Deputy is concerned about the family business.
There is a very important point here, a Cheann Comhairle.
We will find out about the Bill for the Deputy.
The Minister in question has a unique and special gift for making a mess of every issue he deals with. It is important that he does not make a mess of this issue too.
I do not know how that relates to the Order of Business.
I have asked about the local government reform Bill.
When is the Bill due?
Was it the Deputy's cousin or his brother who told him to raise this issue?
We have to recognise that the Minister has a unique gift for making a mess of everything he puts his hand to.
It will be the local government destruction Bill.
I note the smiles of acknowledgment from the Minister's colleagues.
The Minister is not in the business of destroying family businesses.
He has destroyed a lot of them.
When can we expect the full implementation of the whistleblowers' legislation?
There are plenty of them in the Cabinet.
It was introduced to safeguard civic-minded individuals and citizens of this State.
That is grand, Deputy. I will find that out for you now.
I feel that much more is needed in this area.
The Bill will protect whistleblowers like the Minister of State, Deputy Shortall.
The heads of the Bill have been published and have gone to the Oireachtas committee for consideration. A public seminar has been held on this matter. The Bill will be published before the end of the year.
Can I ask the Taoiseach about the noise nuisance Bill?
Deputy Durkan is over there.
It is on section C of the list.
I wonder whether it applies to this Chamber.
Many people's lives are being made difficult by the noise that is made by their neighbours. It would be useful to get this legislation on the Statute Book as soon as possible.
We do not have a date for the publication of the noise nuisance Bill at this stage.
I call Deputy Durkan.
Speaking of noise nuisance.
I would like to ask about the Central Bank consolidation Bill, which has been promised. Given the importance of ensuring our Central Bank is in accord with the views of our colleagues throughout Europe and the European Central Bank, is it intended to bring the legislation in question before the House at an earlier date? That would send a clear statement of our intentions with regard to banking policy to our colleagues throughout Europe.
The Central Bank (Supervision and Enforcement) Bill 2011 is currently moving through the Houses. The Central Bank consolidation Bill cannot be brought into effect until the supervision and enhancement Bill has been completed and implemented. It will be next year before the consolidation Bill sees the light of day.
I would like to raise three matters. First, when will the Dolphin report on the children's hospital be published? Obviously, it is very important. We would like to have an open debate to make sure all elements of the decision-making process are transparent, which was not the case when decisions were being made about primary care centres. Second, when will the HSE governance Bill be brought to the Dáil? The Taoiseach is aware that chaos is now looming in hospitals across the country that have huge budget deficits. Third, can the Taoiseach confirm whether any advances have been made in the peace process between the warring parties in Hawkins House? Has peace been restored?
That is not promised legislation.
Another noise nuisance.
Peace between the warring parties is needed if we are to get some semblance of normality back to the functioning of the Department of Health.
The Deputy has raised two matters that are appropriate on the Order of Business and made one comment that is not to be commented on.
We need Kofi Annan.
It might fall under the disarming weapons Bill.
The Deputies would want to think about the day the health boards were abolished.
Is there a ceasefire or not?
Deputy Kelleher's follow-through is not as good as it used to be. The HSE governance Bill has been published and is before the Seanad.
I know that. When is it expected to be taken in the Dáil?
Obviously, Senators have a view on it-----
The Taoiseach ignores them.
-----and like to hold onto Bills and debate them articulately and comprehensively.
I thought the Taoiseach was trying to get rid of them.
Is the Deputy suggesting that while the Seanad is in existence, it does not have the right to debate these Bills?
That is what the Taoiseach is suggesting.
The Dolphin report has been in the possession of the Minister for some time. He will bring his recommendations to the Cabinet in due course and the report will then be published.
Peace process.
When can we expect to see publication of the housing Bill to strengthen the regulatory framework for social housing? We were left with a framework by the previous Administration. In certain local authority areas Mystic Meg would not know a person was on the housing waiting list. We definitely need a new framework.
I am sure the Deputy can make a contribution when the Bill is brought forward.
There are thousands on housing waiting lists who do not have a clue where they are on them.
Ask Minister Phil; he will tell the Deputy.
It is a legacy from the previous Government.
The housing Bill will published be next year.
Will the Taoiseach outline when the local government reform Bill will be brought before the House and what progress has been made on it because he did not answer the question? Will the allocation on housing continue to be an executive function? Will the Taoiseach consult the Minister, Deputy Phil Hogan, about his reference to and representations for a family?
I am sorry, but that is not in order on the Order of Business.
I think it is.
Please do not let me repeat myself.
It is a disgrace that any Minister would name and write to constituents about a particular family.
Will the Deputy, please, resume his seat? I call on the Taoiseach to reply to the question on the local government reform Bill.
The Bill will be published next year. The heads have not yet come before the Government, but they are on their way.