Dáil Éireann debate -
Thursday, 27 Sep 2012

Vol. 776 No. 2

Order of Business

Minister for Social Protection (Deputy Joan Burton)

It is proposed to take No. 11b, motion re membership of committee; No. 11c, motion re address by His Excellency, Mr. Martin Schulz, President of the European Parliament; No. 4, Thirty-First Amendment of the Constitution (Children) Bill 2012 - Second Stage (resumed) and Remaining Stages; and No. 11d, motion re statement for information of voters in relation to the Thirty-First Amendment of the Constitution (Children) Bill 2012.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 5.45 p.m. tonight and shall adjourn on the conclusion of Oral Questions and that there shall be a suspension of sitting for 30 minutes at 1 p.m.; Nos. 11b and 11c shall be decided without debate; the following arrangements shall apply in relation to No. 4 - the proceedings on the resumed Second Stage shall, if not previously concluded, be brought to a conclusion at 6 p.m. tonight and the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 8 p.m. tonight 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 Children and Youth Affairs; No. 11d shall be taken immediately upon the conclusion of No. 4 and shall be decided without debate; and the order shall resume thereafter with Topical Issues and Oral Questions.

An Ceann Comhairle

There are four proposals to be put to the House. Is the proposal that the Dáil shall sit later than 5.45 p.m., agreed to? Agreed. Is the proposal for dealing with No. 11b, motion re membership of committee and 11c, motion re address by His Excellency, Mr. Martin Schulz, President of the European Parliament, without debate, agreed to? Agreed. Is the proposal for dealing with No. 4, Second Stage (resumed) and Remaining Stages of the Thirty-First Amendment of the Constitution (Children) Bill 2012, agreed to? Agreed. Is the proposal for dealing with No. 11d, motion re statement for information of voters in relation to the Thirty-First Amendment of the Constitution (Children) Bill 2012, without debate, agreed to? Agreed.

Deputy Michael McGrath

A number of pieces of legislation which emanated from this side of the House were passed with the support of the Government side over recent months. I refer to the Bill to extend the power to the Financial Services Ombudsman to publish complaints records - the Central Bank and Financial Services Regulatory Authority of Ireland (Amendment) Bill, which passed Second Stage last March.

I am advised by the Select Committee on Finance, Public Expenditure and Reform, of which I am a member, that Committee Stage of the Bill cannot be taken until the Government brings forward its amendments and that the matter is currently with the Attorney General. Is there a timeframe for bringing this straightforward legislation through the Houses and having it enacted? Will the Minister also indicate when the Freedom of Information (Amendment) (No. 2) Bill 2012, introduced by my colleague Deputy Sean Fleming, and the Regulation of Debt Management Advisers Bill 2011, both of which passed Second Stage before the recess, will be brought to Committee Stage?

Deputy Joan Burton

I understand the Freedom of Information (Amendment) (No. 2) Bill 2012 will be ready for progress in the middle of next year. I do not have a time line in respect of the other two Bills to which the Deputy referred, but I will ask the Whip's office to revert to him in that regard.

Deputy Mary Lou McDonald

When will the health (amendment) Bill, which provides for the phased extension of publicly funded GP services, be published and brought before the Dáil? This is the legislation associated with one of the central criticisms by the former Minister of State, Deputy Róisín Shortall, of the Minister for Health, Deputy James Reilly. Second, when does the Government expect the constitutional convention to meet? We were led to believe it would convene at the end of this month, but there has been no subsequent communication and that timeframe is now clearly redundant. Can the Minister indicate a time line for progress?

Deputy Joan Burton

The health (amendment) Bill is on the A list and will be taken later this session. I understand the procedures in regard to the appointment of members of the constitutional convention are not fully complete. The Taoiseach and Tánaiste are anxious, however, to have the convention commence its work as soon as possible.

Deputy Mattie McGrath

In regard to the forthcoming water services (miscellaneous provisions) Bill, there is a serious issue in that local authorities throughout the country are refusing to provide a letter stating that contractors may dispose of sludge in the local authority-----

An Ceann Comhairle

That is not a matter for the Order of Business.

Deputy Mattie McGrath

It is. This is happening-----

An Ceann Comhairle

The Deputy must deal with that issue through the legislation.

Deputy Mattie McGrath

The legislation is being forced through by the Minister, who is probably down at the ploughing match today, if he has not gone to a halting site. I do not know where he is.

An Ceann Comhairle

This matter must be dealt with in the debate on the legislation.

Deputy Mattie McGrath

It is a very important issue.

An Ceann Comhairle

We are not having a debate on the matter on the Order of Business.

Deputy Mattie McGrath

It is a farce if this legislation goes through.

An Ceann Comhairle

When is the legislation due, Minister?

Deputy Joan Burton

As I understand it, that legislation will be brought forward this session. As the Ceann Comhairle has advised, the more detailed issue the Deputy has raised is probably better addressed to the line Minister.

Deputy Mattie McGrath

He is not here.

Deputy Thomas P. Broughan

In recent weeks we have had a series of appalling assassinations in this city and in other locations throughout the country, including an horrific murder in my constituency. Is it intended to bring forward stronger legislation to deal with drug-related crime? The Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte, as Labour Party spokesman, urged us, in his wisdom, to oppose the Criminal Justice (Amendment) Act 2009, which I did not do. Does the Minister now envisage a need for additional legislation? Are there sufficient resources available to the Garda Síochána to deal with this horrific criminality, which has such an appalling impact on constituents?

An Ceann Comhairle

We can deal with that issue in another way.

Deputy Thomas P. Broughan

I am dealing with it on the floor of the House at my first opportunity.

Second, in regard to the Mahon and Flood tribunals, we were told at the time of the short debate in this House that files would be sent to the Director of Public Prosecutions. When will we receive a report from the Minister for Justice and Equality in regard to possible prosecutions arising from the tribunal reports?

An Ceann Comhairle

That is not a matter for the Order of Business.

Deputy Thomas P. Broughan

What action is being taken in this regard?

An Ceann Comhairle

The Minister should respond only to the question on promised legislation.

Deputy Joan Burton

I share the Deputy's horror at the very violent crimes that have taken place in recent weeks. Some appear to be domestic, while others, as the Deputy observed, are gangland crimes. The issue of whether there is a need for additional legislation, resources or strengthening of the powers of the Garda might be a matter for the Oireachtas Committee on Justice, Defence and Equality to examine. The Minister has already expressed his concern at what has happened.

I do not have information in regard to potential actions arising from the report of the Mahon and Flood tribunals and will have to revert to the Deputy.

Deputy Michael P. Kitt

Has the Government signed off on the electoral (amendment) (Dáil constituencies) Bill to reduce the number of Dáil Members and revise constituencies, and when will it be taken in the House? Second, when will the Houses of the Oireachtas Commission (amendment) Bill to provide for the expansion of the role of the Oireachtas in regard to the translation of legislation and the periodic review of the official standard for the Irish language, an caighdeán oifigiúil, be taken?

Deputy Joan Burton

The Bill revising the Dáil constituencies was agreed by the Cabinet last Tuesday. The second Bill was published on 18 September and will be brought before the Seanad. It will have to go through the Upper House before coming to the Dáil.

Deputy Michael P. Kitt

When will the electoral (amendment) (Dáil constituencies) Bill be brought before the House?

Deputy Joan Burton

It will be published shortly, with the intention of taking it within a reasonably short period.

Deputy Niall Collins

Yesterday we heard on the news that the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, had interfered in the process of a house allocation and conspired against a citizen of this State to have his or her entitlements assessed with due process. That is a very serious issue.

An Ceann Comhairle

What legislation is the Deputy referring to?

Deputy Niall Collins

This comes under the equal status legislation and the proposed housing Bill. Under the Constitution, citizens of this State have a fundamental right to privacy and due process.

An Ceann Comhairle

The Deputy can put down a motion or question on this issue.

Deputy Niall Collins

I am asking whether we can have an opportunity to make statements on this instance of grievous interference in a citizen's rights to have his or her entitlements assessed in an open and transparent fashion-----

An Ceann Comhairle

I advise the Deputy to ask his party Whip to raise the matter at the next Whips' meeting. It is a matter for the Whips.

Deputy Niall Collins

-----without interference by a member of Government.

Deputy Joan Burton

I understand the legislation to which the Deputy referred will be taken next year.

Deputy Seán Ó Fearghaíl

To return to the important issue of the constitutional convention, I acknowledge that the Taoiseach himself briefed us comprehensively on the matter before the summer recess. In the aftermath of the most recent briefing, we were given to understand that the convention would be launched today. I accept that the process of selecting the 66 members of the public, as well as the many alternates who will have to be selected, is an elaborate and complex one. Will the Minister indicate whether that process has commenced? Does the Government intend to consult with the Opposition in regard to the appointment of the independent chairman, who will play a critical role in this important showpiece operation for Government? Will the Department of the Taoiseach arrange an urgent briefing for Members on these matters?

Deputy Joan Burton

I assure the Deputy that this matter is a priority for the Government, particularly for the Taoiseach and Tánaiste. I will convey his request for a briefing to the Taoiseach. As the Deputy acknowledged, the procedures relating to the establishment of the convention are complex, but they are well under way. Both Taoiseach and Tánaiste are extremely anxious for the convention to get down to its work as soon as possible.

Deputy Bernard J. Durkan

In light of the considerable confusion surrounding the multiple conveyancing procedures which operated during the boom, is it intended to bring the land and conveyancing law reform (amendment) Bill before the House at an early date with a view to addressing the issues that have arisen?

Has the issue been aired in the Cabinet? Have the heads of the Bill been discussed and, if not, are they likely to be discussed? Is the need for early intervention caused by ongoing confusion in this area recognised?

Deputy Joan Burton

The heads of the Bill have not yet been brought to the Cabinet. I understand the intention is to bring the Bill before the House next year.

Deputy Willie O'Dea

When will the workplace relations Bill be introduced? In view of the pandemonium in the Department of Health, the legislation is clearly urgent and should be prioritised? When will the health information Bill be introduced? Is the Minister for Health, Deputy James Reilly, the proper person to process this legislation in view of his inability to communicate with his Minister of State?

Deputy Joan Burton

The Deputy is well qualified to comment on relations between senior and junior Ministers. Perhaps he might share his great insight into this issue with the rest of us at some stage.

Deputy Willie O'Dea

I was never forced to walk out of government.

Deputy Bernard J. Durkan

The Deputy walked.

Deputy Joan Burton

If I remember correctly, however, he was not allowed to walk back in for a while.

Deputy Willie O'Dea

I am back.

Deputy Joan Burton

The Deputy will be pleased to note that the workplace relations Bill will be introduced early next year. The Bill will solve all future difficulties for-----

Deputy Willie O'Dea

The place will have fallen apart by then.

Deputy Jerry Buttimer

I welcome the Deputy's newfound interest in workplace relations, given what he did to the former Taoiseach, Mr. Brian Cowen.

(Interruptions).

Deputy Jerry Buttimer

Many of the Deputies opposite were well aware this was a workplace when Mr. Cowen was Taoiseach. Deputy Timmy Dooley was saying one thing in the Chamber and another outside.

An Ceann Comhairle

Does the Deputy wish to ask a question? If so, he should proceed as a time limit applies.

Deputy Niall Collins

If he gives another performance like this, he will be history.

Deputy Jerry Buttimer

The electorate will decide.

An Ceann Comhairle

I ask the Deputy to ignore the sideshow.

Deputy Jerry Buttimer

People saw Deputy Niall Collins's newfound interest on TV3 last night.

In the light of the decision by a certain alcohol company to designate today in an unashamed attempt to promote the sale and consumption of alcohol, does the Government have plans to designate specific days, for example, our national holiday, St. Patrick's Day, with a view to safeguarding health? People are being asked to drink alcohol to excess today.

Deputy Dessie Ellis

With Róisín gone, the Government will not be able to deal with the issue.

An Ceann Comhairle

Has legislation been promised?

Deputy Joan Burton

No, legislation has not been promised on the issue.

Deputy Timmy Dooley

Successive Governments have sought to achieve a modal shift from private to public transport. Given the current economic circumstances and with oil prices increasing, this is a good time to continue such efforts. Notwithstanding this, the National Transport Authority, with the support of the Government, has allowed a considerable increase in fares on public transport.

An Ceann Comhairle

That is not a matter for the Order of Business.

Deputy Timmy Dooley

It is relevant, given that the Transport (CIE Borrowings) Bill would allow CIE to increase its capacity to borrow and, as such, help resolve the issue.

An Ceann Comhairle

The issue can be debated when the Bill comes before the House.

Deputy Timmy Dooley

When will it be introduced?

Deputy Joan Burton

It will be introduced this session. The purpose of the Bill, in conjunction with the actions of the Government, is to ensure a viable future for CIE.

Deputy Barry Cowen

The Valuation (Amendment) (No. 2) Bill does not contain any means of addressing the archaic methods of setting valuations that would alleviate the strained finances of many retailers and small businesses. When will the legislation come before the House in order that Deputies will have an opportunity to make amendments to take cognisance of the commitments the Government parties gave prior to taking office?

Deputy Joan Burton

The legislation in question was published in August as a Seanad Bill and will come before the Upper House before being introduced in the Dáil.

Deputy Barry Cowen

When is it expected to be brought before this House?

Deputy Joan Burton

It should be tabled here when the Seanad has finished with it.

Deputy Peter Mathews

In the light of several contributions today and yesterday on murders and violent crime, it would be timely for the House to consider either adding to proposed legislation that is in process or introducing a new Bill to give the Garda Síochána - the guardians of the peace - the equipment it requires to maintain peace. Our streets and homes have been invaded and destroyed and it is time to arm uniformed gardaí.

An Ceann Comhairle

Is the Deputy referring to specific legislation?

Deputy Peter Mathews

I refer to all crime related legislation currently before the House. We need to address this issue quickly.

Deputy Joan Burton

On the Deputy's proposal which I understand is to arm all gardaí, no such legislation has been promised or is before the House.

Deputy Joan Collins

As the Minister may be aware, international day for the decriminalisation of abortion will be marked all over the world tomorrow. Will she provide unequivocal clarity on when the expert advisory group on the A, B and C cases will produce its report? The report was due before the summer recess, a deadline that was later extended until the end of September. As today is 27 September, will the Minister indicate when it will be published?

Deputy Joan Burton

The Minister and the Cabinet are awaiting the report.