Dáil Éireann debate -
Thursday, 22 Nov 2012

Vol. 784 No. 1

Order of Business

Minister for Social Protection (Deputy Joan Burton)

It is proposed to take No. 22, Europol Bill 2012 - Order for Report, Report and Final Stages; No. 21, Residential Tenancies (Amendment) (No. 2) Bill 2012 - Second Stage (resumed); and No. 15 - motion re A Framework for Junior Cycle, to be taken not later than 1.30 p.m. today and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 15 shall, if not previously concluded, be brought to a conclusion at 3.42 p.m. today and the following arrangements shall apply: the opening speeches 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, the speech of each other Member called upon shall not exceed ten minutes, and such Members may share their time, and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and that for the purposes of Standing Order 117A: there shall be no first Friday sitting in December 2012, the first Friday of the month for January 2013 shall be Friday, 18 January, and on that day, to permit consideration of two Bills, there shall be two periods not exceeding three hours each and six hours in the aggregate and the Dáil shall adjourn no later than 4.30 p.m., and the time and date by which notice of a Bill in connection with that sitting shall be received by the clerk shall be 11 a.m. on Thursday, 20 December 2012, and related Standing Orders shall apply accordingly.

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with No. 15 agreed to? Agreed. Is the proposal for dealing with the sitting and business of the Dáil on Fridays under Standing Order 117A agreed to? Agreed.

Deputy Billy Kelleher

There was an extraordinary announcement the other day from the Minister for Public Expenditure and Reform in reply to a parliamentary question regarding a potential Supplementary Estimate for the health area before the end of the year. There have been denials since last June that there would be any form of Supplementary Estimate in any Department, but we have highlighted a potential budget overrun of massive proportions in the Department of Health.

When will the Supplementary Estimate come before the House? Will Deputies be allowed time to debate it in view of the cutbacks on home help services, other attacks on front-line services and the diminishing funding available for people with disabilities and other key areas? Will the Minister provide a commitment that the House will be able to discuss the budget overrun and inability to manage the budget?

An Ceann Comhairle

When is the Supplementary Estimate due?

Deputy Joan Burton

The Departments of Health and Public Expenditure and Reform are in discussions on the provision of a Supplementary Estimate, the precise amount of which has not been finalised. Further significant cost reductions are required in 2013 and 2014. Given the need to meet pressures on hospital services arising from demographic changes and the reform commitments made in the programme for Government, the initial indications are that substantial savings will have to be made again next year in the cost base of the health sector. While I am not able to give a date for taking the Supplementary Estimate, as the Deputy is aware and subject to the approval of the Ceann Comhairle, it is usual practice for Supplementary Estimates to be subject to debate and discussion in the House. I am sure the Whips will make such an arrangement when discussions on the Estimate have been finalised and decisions taken.

Deputy Caoimhghín Ó Caoláin

The Minister can look to the Minister for Children and Youth Affairs on her left or the official on her right to elicit information on the two Bills I propose to raise. According to replies I have received on this matter, it was intended that the child and family support agency Bill would be published and enacted in this session. Its commencement would facilitate the new child and family support agency in assuming statutory responsibility for all services for children and families as of January 2013. We are almost at the year's end. When will the legislation come before the House?

On the adoption (amendment) Bill to give legislative effect to the changes promised on foot of the passing of children's rights referendum, when will this legislation present for address and enactment?

Deputy Joan Burton

As the Deputy noted, the child family support agency Bill is very important legislation. The Office of the Attorney General is working very hard on what is, as the Deputy will understand, a significant, large and complex Bill. While I am not in a position to provide a date for its introduction, the legislation is urgent and is being worked on with urgency.

On the legislation on adoption arising as a consequence of the children's rights referendum, this Bill is also being worked on and I understand it is the Minister's intention to have it before the House in the new year.

Deputy Caoimhghín Ó Caoláin

Will the Minister clarify if there is any concern about whether the child and family support agency legislation will be in place before the end of the year? What will be the consequences of failure to implement legislation in respect of the commencement of the new agency? It has been signalled that this will take place at the beginning of January.

An Ceann Comhairle

We cannot have a debate on the issue.

Deputy Joan Burton

The Attorney General is working on this substantial legislation. While work is being expedited, it is complex.

Deputy Finian McGrath

On the Irish Human Rights and Equality Commission Bill, does the Minister share my concerns and those of thousands of families of people with disabilities who were at the gate of the House yesterday that they may lose their respite and care services or have them cut in the next couple of weeks?

An Ceann Comhairle

When will the Bill be tabled? The matter can be discussed when it comes before the House.

Deputy Finian McGrath

There is widespread anger about cuts in services for people with disabilities. Will the Minister support me and the families in question in relation to human rights and equality?

An Ceann Comhairle

We only deal with the timeframe for taking legislation on the Order of Business. The Bill can be discussed when it comes before the House.

Deputy Joan Burton

The heads of the Bill were approved by the Government in May. The estimated time of publication is the middle of next year.

An Ceann Comhairle

I call Deputy Mattie McGrath and ask him to be short and succinct.

Deputy Mattie McGrath

I raise an important issue relating to the Bill I introduced last year on precious and scrap metals. I see that on Monday the Minister for the Environment-----

An Ceann Comhairle

We will see about legislation and nothing else. To which Bill is the Deputy referring?

Deputy Mattie McGrath

I refer to the monuments Bill. We could erect a monument here and one would never know. I also want to ask about the public consultation the Minister announced this week on the trade in scrap metal and a Bill on waste facility sites.

An Ceann Comhairle

The Deputy should table a parliamentary question on the matter.

Deputy Paul Kehoe

Deputy Mattie McGrath is not a national monument.

Deputy Mattie McGrath

I did not say I was one, although Deputy Kehoe may soon become one. Perhaps Michael Fingleton will fund a monument for him.

An Ceann Comhairle

The Minister does not need any help. When is the monuments Bill due?

Deputy Joan Burton

I understand it will be introduced late next year.

Deputy Pádraig Mac Lochlainn

How does one follow Deputy Mattie McGrath? When will the mental capacity Bill come before the House and when will the Legal Services Regulation Bill 2012 be before the House again?

Deputy Joan Burton

The mental capacity Bill is being drafted as a priority. Progress is being made on this complex legislation and it is due to be taken in the next session. The Legal Services Regulation Bill is due to be taken on Committee Stage.

Deputy Simon Harris

As part of its 16 days of action on domestic violence, Women's Aid today launched the "One in Five Women" campaign to highlight the fact that one in five Irish women experience domestic violence. The Government has given a commitment to review domestic violence legislation. Will the Minister indicate when she expects the review to take place?

Deputy Joan Burton

As Christmas approaches, it is important that we are all aware of the campaign to make women, children and families, as well as men, some of whom are also subject to domestic violence, aware of remedies and protections they may have. The Minister for Justice and Equality, Deputy Alan Shatter, is reviewing this matter and I will revert to the Deputy when I have definitive dates.

Deputy Bernard J. Durkan

With respect to an issue of topical importance, have the heads of the Medical Practitioners Act 2007 (Amendment) (No. 2) Bill been discussed? This promised legislation is clearly pertinent in the current climate and the Bill is due to be discussed in Cabinet. Will the Minister indicate whether the heads have been discussed and when it is likely to come before the House?

Deputy Joan Burton

The heads have not yet been brought to Cabinet and it has not been the subject of discussion. Work on the Bill is ongoing.

Deputy Brian Walsh

I understand the bank guarantee is due to expire at the end of next month. Is it the Government's intention to extend the guarantee in its current form and, if so, will amending legislation be required?

Deputy Joan Burton

I understand the Minister for Finance is addressing this issue and further legislation may be required in the near future. If the Deputy submits a parliamentary question, the Minister may be able to provide an exact timetable.

Deputy Michael Healy-Rae

At yesterday's meeting of the Joint Committee on Justice, Defence and Equality I asked the Garda Commissioner, Mr. Martin Callinan, about the gagging order that has been imposed on all gardaí to prevent them from speaking about the closure of Garda stations. I wanted to find out if this was a directive from the Minister for Justice and Equality.

An Ceann Comhairle

The Deputy will not find out if that is the case on the Order of Business.

Deputy Bernard J. Durkan

Perhaps the gagging order will be extended to the Deputy and his colleague, Deputy Mattie McGrath.

Deputy Paul Kehoe

They are next.

Deputy Michael Healy-Rae

I put my question in the context of the criminal justice Bill.

An Ceann Comhairle

When is the Bill due for publication?

Deputy Joan Burton

It is due to be published next year.

Deputy Brendan Griffin

On the social welfare Bill, an anomaly has come to my attention whereby parents who have legal joint custody of children are not entitled to an equal proportion of child-related benefits. Moreover, in the means testing process maintenance payments are considered an income for the recipient but are not considered an outgoing for the provider.

An Ceann Comhairle

To which legislation is the Deputy referring?

Deputy Brendan Griffin

Will these matters be addressed in the forthcoming social welfare Bill?

An Ceann Comhairle

We cannot deal with that issue now. The Deputy should submit a parliamentary question-----

Deputy Brendan Griffin

It relates to promised legislation.

An Ceann Comhairle

-----or have a quiet word with the Minister on the way out.