Dáil Éireann debate -
Tuesday, 22 Jan 2013

Vol. 789 No. 1

Order of Business

The Taoiseach

It is proposed to take No. 11, motion re referral to joint committee of proposed approval by Dáil Éireann of the Planning and Development (Planning Enforcement) General Policy Directive 2013; No. 12, motion re membership of committee; and No. 3, Euro Area Loan Facility (Amendment) Bill 2013 - Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 11 and 12 shall be decided without debate; Private Members' business, which shall be No. 48, Education (Welfare) (Amendment) (No. 2) Bill 2012 - Second Stage, shall, if not previously concluded, be brought to a conclusion at 9 p.m. on Wednesday, 23 January 2013; and that for the purposes of Standing Order No. 117A, the first Friday of the month for February shall be Friday, 8 February 2013 and that 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 Friday, 25 January 2013, and related Standing Orders shall apply accordingly.

An Ceann Comhairle

There are three proposals to put to the House. Is the proposal for dealing with Nos. 11 and 12 agreed? Agreed. Is the proposal for dealing with Private Members' business agreed? Agreed. Is the proposal for dealing with the sitting and business of the Dáil on Friday, 8 February agreed? Agreed.

Deputy Michael Healy-Rae

We are very agreeable today.

An Ceann Comhairle

Yes. I call Deputy Ó Fearghaíl on the Order of Business.

Deputy Seán Ó Fearghaíl

I wish to raise two issues, the first of which relates to an issue we debated earlier. It is proposed that the health (amendment) Bill will come before the House this session. We are all struck by the irony that at a time when we are to debate a Bill which proposes to give access to health services the HSE service plan envisages 40,000 fewer people being able to avail of medical cards. I refer again to the representations to all Deputies in regard to increased delays in obtaining medical cards and major difficulties in the area of discretionary medical cards. It would appear discretion has been completely abolished. I referred earlier to the situation of the Jack and Jill Children's Foundation.

An Ceann Comhairle

I must remind the Deputy that we are on the Order of Business.

Deputy Seán Ó Fearghaíl

I ask the Taoiseach if in respect of the aforementioned legislation he will consider addressing the matter of discretionary medical cards, in particular in the area of palliative care and long-term or incurable illnesses.

An Ceann Comhairle

The Deputy cannot deal with that issue now.

Deputy Seán Ó Fearghaíl

We have heard little in this House in recent years about climate change. Some might argue we heard too much about it in the past. However, it is an important issue that concerns the people of this country. Does the Government intend to sign the Antarctic treaty? It would appear there is some confusion in the Government as to whether the Antarctic treaty is a matter which comes within the remit of the Minister for Foreign Affairs or Minister for the Environment, Community and Local Government. I understand the relevant Department is the Department of the Environment, Community and Local Government. Perhaps the Taoiseach will say if any progress has been made on this matter and if Ireland will become a signatory to that treaty.

Deputy Finian McGrath

What about the polar bears?

The Taoiseach

The issue of discretionary medical cards can be addressed during the debate on the health (amendment) Bill which will be taken during this session. I expect the low carbon bill to be cleared in a couple of weeks. It will form part of the climate change Bill which will be produced later this year.

Deputy Gerry Adams

Before asking about promised legislation, I ask the Taoiseach to join with me in expressing condolences to the family of our friend, Inez McCormack. Inez, who died yesterday, was a fearless opponent of injustice and a determined champion for civil and human rights for women, workers' rights and fair employment. I would like to extend our condolences to her husband Vincent, daughter, Anne, son-in-law Mark and grandchildren Maisie and Jamie. I looked up to Inez for most of my adult life, including during the 1960s, at which time Inez, as one of a number of brave people from the Protestant tradition, took part in the march to Burntollet, a march she continued up to her death.

My question on promised legislation relates to protection of workers' rights. We recently witnessed former workers of Vita Cortex, La Senza and Lagan Brick being forced to occupy their former workplaces to get their entitlements.

We now see exactly the same situation being repeated with HMV. A related issue, on which the Taoiseach may not wish to comment, is with regard to HMV not honouring gift vouchers. In England because of public uproar-----

An Ceann Comhairle

That is a separate issue.

Deputy Gerry Adams

-----the administrators have bowed to this. I wonder whether the Government can intervene on this issue. When will the promised legislation to strengthen protection of workers' rights be brought forward?

The Taoiseach

I take it the Deputy is referring to the workplace relations Bill which will be published in this session. I know the difficulties the workers in Irish stores have with HMV. I am glad the moneys for the charitable cause for the little girl will be made available; at least I understand they will. I hope the same facility will be extended to Irish stores as is being extended to people in Britain, where vouchers held will be credited by HMV. Even though the stores are closed in Ireland it should be a matter of completion, from this point of view at least, that whatever vouchers out there would be credited in stores, either through those still open in Britain or through a facility extended in Ireland.

I agree with Deputy Adams in respect of the late Inez McCormack. She did a wonderful job for ICTU, and her courage in speaking out for progression in respect of labour rights for workers, and women in particular, is to be commended. I fully concur with Deputy Adams in this matter.

An Ceann Comhairle

I call Deputy Cowen. A total of 12 Members seek to raise issues so there are time constraints.

Deputy Barry Cowen

An interim Water Services Bill will come before the Seanad this week which seeks to give authority to Irish Water to begin water metering. Is this at the Taoiseach's request? Does he have a new-found love for the Seanad? Is the legislation with regard to the abolition of the Seanad to be dissolved by virtue of this move? When the Water Services Bill comes before the Dáil will it be accompanied by financial details on the costs and extent of metering?

An Ceann Comhairle

That will be in the detail of it.

Deputy Barry Cowen

Who will have to pay for water metering? Will it be the National Pensions Reserve Fund or will it be foisted on home owners to pay over a longer period? Where stands the water services agreement between Irish Water and local authorities? Is this merely as we have come to expect-----

An Ceann Comhairle

Other Deputies wish to speak.

Deputy Barry Cowen

-----from "Hoganomics", being made up as it goes along-----

An Ceann Comhairle

The Deputy knows he is out of order.

Deputy Barry Cowen

-----until we find out where we are at the end of the day?

An Ceann Comhairle

What is the state of play here, Taoiseach?

The Taoiseach

It is not for any great love of the Seanad it is going before that House.

Deputy Finian McGrath

It is a wash-out.

Deputy Michael Healy-Rae

We know the Taoiseach has no love for the Seanad.

The Taoiseach

I expect to publish the legislation dealing with the abolition of the Seanad in the next session and I expect to have the people answer the question in the autumn. The Bill going before the Seanad will come before the Dáil, and there will be a second water Bill later in the year when the details referred to by Deputy Cowen will be decided upon by the Government.

Deputy Finian McGrath

With the permission of the Ceann Comhairle I wish to express my deepest sympathy to the family of Inez McCormack. I agree with the Taoiseach and Deputy Gerry Adams that she was a great Irishwoman, a great fighter against injustice and a great trade unionist. She did much work in community politics.

When does the Taoiseach expect the criminal law (sexual offences) Bill to be introduced, particularly in light of the horrific case of Fiona Doyle which was decided yesterday? This young woman was raped and assaulted. Most Members of the House are horrified and disgusted with what happened to that poor woman.

The Taoiseach

That case was the subject of questions today. The heads of the Bill have not been cleared yet so it will be some time later this year.

Deputy Mattie McGrath

Great minds think alike as I wish to raise a similar issue. The judicial council Bill will have a very important role in the review of judicial behaviour, misbehaviour or any type of behaviour. I am not alleging anything and I would not do such a thing.

An Ceann Comhairle

I thank the Deputy. What Bill is he speaking about?

Deputy Mattie McGrath

The judicial council Bill. The entire country is talking about this issue and we cannot talk about it here. The House is becoming more irrelevant by the hour.

An Ceann Comhairle

The Deputy knows the rules.

Deputy Mattie McGrath

I do but we should change them. The country is talking about this.

An Ceann Comhairle

That would require a constitutional amendment.

Deputy Mattie McGrath

Fiona Doyle's case is horrific and we cannot speak about it.

Deputy Eric Byrne

It would help if we understood what Deputy Mattie McGrath was saying.

The Taoiseach

The judicial council Bill will be later this year.

Deputy Finian McGrath

That remark was out of order.

Deputy Michael Healy-Rae

The remark was out of order but it is not for me to say. The Radiological Protection Institute of Ireland conducts tests on homes where radon is an issue. Pockets of the country are badly affected and people have died because of radon in their homes. Does the Government have any proposals in the environmental liability Bill or the finance Bill to exempt homes affected by radon in the same way that exemptions are being made for homes affected by pyrite?

The Taoiseach

Radon is a naturally occurring gas as the Deputy is aware. This issue has been raised over the years. When local authorities issue planning permission for individual or group housing they should always send out an information leaflet for persons to contact the Radiological Protection Institute of Ireland for analysis of the location where they intend to build in respect of the extent or incidence of radon which might apply. It is a naturally occurring gas and has direct implications for cancer deaths in the country. It is an entirely different matter to the pyrite issue which has been the focus of much attention in recent times. Preventative measures can be taken to deal with the question of radon gas and quite a number of companies throughout the country supply facilities to deal with it.

Deputy Brendan Ryan

With regard to the Our Lady of Lourdes Hospital redress scheme, a commitment to the women involved was given in the programme for Government, and subsequent commitments were given by the Minister for Health, to seek a mechanism to compensate those women excluded on age grounds alone. We are told a review is under way in the Department to bring this to a conclusion and certain roadblocks are involved. Will the Taoiseach give a personal commitment that he will ask that the matter be expedited and brought to a speedy conclusion? Perhaps he can tell us where lies the review at present.

The Taoiseach

I cannot give the Deputy the details at present but I undertake to send him the up to date position on it.

Deputy Willie O'Dea

I wish to inquire about a number of Bills. When can we expect to see published the Shannon aviation services centre Bill, the social welfare and pensions Bill and the amendment of the Constitution (abolition of the Seanad) Bill?

The Taoiseach

I already answered another Deputy in respect of the question regarding the abolition of the Seanad. I expect the referendum to be put in the autumn. The Shannon aviation services centre Bill and the social welfare and pensions Bill will be taken later in the year.

Deputy Dessie Ellis

I am not sure whether the Taoiseach is aware that last Friday a video was put on the Internet of five people armed with three handguns and two shotguns threatening people in the Finglas area. I am sure the Taoiseach accepts this is totally unacceptable. Every year criminal justice (miscellaneous provisions) legislation is brought forward. Will the forthcoming legislation contain a provision to address the matter of intimidating videos, cyberbullying and threats by criminal gangs?

An Ceann Comhairle

Members are only entitled to ask when a Bill will be published.

The Taoiseach

It most certainly is not acceptable and the question of cyberbullying is now the focus of attention of an Oireachtas committee. The point raised by the Deputy in this regard is obviously a matter for the Garda Commissioner and the Garda. It is not acceptable that such behaviour is put up on video. It is related to the work and in the interest of the Oireachtas committee dealing with cyberbullying. Obviously it will come back in here before long.

An Ceann Comhairle

What about the Bill?

The Taoiseach

It will be later this year.

Deputy Brian Stanley

I wish to ask about the commitment in the programme for Government on the promised climate change Bill. We were promised the Bill last year. The roadmap has been published by the Minister and we were promised the heads of the Bill prior to the summer. Summer came and went but nothing happened.

On several occasions during the autumn we were promised that we would have it before Christmas, but the Minister did not bring it forward and neither did Santa Claus.

Deputy Patrick O'Donovan

What about the Easter bunny or the tooth fairy?

An Ceann Comhairle

We cannot have this discussion now.

Deputy Brian Stanley

The Minister is president of the European Council of Environment Ministers at the moment and it is embarrassing. The effects of climate change are all around us. Entire countries are facing drought and starvation, so we must play our part. When will we see that Bill?

The Taoiseach

We are playing our part and will continue to do so.

Deputy Brian Stanley

We are not. The House is being fobbed off on it.

The Taoiseach

The matter is in two phases. The first element is in respect of the low carbon Bill, which I expect to be cleared by the Government in the next couple of weeks. That is part of the larger climate change Bill, which will be produced later on in the year. I have noted yesterday's comments by the President of the United States. Ireland will, of course, do its bit. We have set out our own principles and objectives in that regard: first, the low carbon Bill; and, later on in the year, the climate change Bill itself.

Deputy Brian Stanley

We have been waiting for two years.

Deputy Bernard J. Durkan

May I ask the Taoiseach a question on promised legislation? In view of the recent interest in bail and the need for the Judiciary to have the option of remanding prisoners in custody - particularly those who have confessed to a crime - as opposed to remanding them on bail-----

An Ceann Comhairle

What legislation is the Deputy talking about?

Deputy Bernard J. Durkan

It is the bail Bill, which I have raised on countless occasions over the past ten years.

An Ceann Comhairle

I will find out for the Deputy now.

Deputy Bernard J. Durkan

In order to address this pressing issue, can we have that Bill as soon as possible?

The Taoiseach

I have bad news for Deputy Durkan to start with. I do not have a date for the publication of this legislation. I will give him an up-to-date report on the status of the Bill's preparation, but the heads have not come through yet.

Deputy Ray Butler

When will the proposed consumer and competition Bill, to make provision for a statutory code of conduct for the grocery goods sector, come before the House? There are multinationals in this country whose products are labelled "of" or "for", but I do not want to see those words on any product.

An Ceann Comhairle

I do not want to hear about it either.

Deputy Ray Butler

I want to see what is being put in the products. In the last couple of weeks we have seen how incorrect material was put in, thus producing bad products.

An Ceann Comhairle

What legislation is the Deputy talking about?

Deputy Ray Butler

We should have "Made in Ireland" put on them, which would create jobs in this country as well. We must look at this serious problem.

An Ceann Comhairle

It is a very serious problem, yes, but what legislation is the Deputy talking about?

Deputy Ray Butler

I want to know when the consumer and competition Bill is coming before the House. Can it be inserted in the Bill that if items are not made in this country, it should be clearly stated?

Deputy Finian McGrath

There is cross-party support for that.

The Taoiseach

The Bill deals with three matters: the amalgamation of the National Consumer Agency and the Competition Authority; providing a statutory code of conduct for the retail goods sector; and effecting the recommendations of the advisory council on media mergers. That legislation will be produced in this session.

Deputy Dara Calleary

The report of the interdepartmental committee on the State's involvement with the Magdalene laundries, completed by Senator Martin McAleese, is being finalised and is with the Minister. When is it intended to publish the report? Will the Taoiseach consider making the report available to survivors' groups ahead of publication?

The Taoiseach

As Deputy Calleary is aware, the Government requested Senator Martin McAleese to deal with this report. I understand that it is in the final stages of completion. Following the Senator's long discussions with various groups and the women involved, I am not sure whether he intends to give it to them in advance. They are pretty well acquainted with what the conclusions of the report will be. I expect it to come to the Minister in the near future. I expect it to be published and we will then have an opportunity to discuss it in the Houses.

Deputy Catherine Murphy

Last week, I asked about legislation that will underpin the pyrite levy fund and was told it will be part of the Finance Bill. I have subsequently been contacted in writing by the Minister for the Environment, Community and Local Government who tells me it is required to be stand-alone legislation. Is such legislation likely to be brought forward quickly? Will it be published in this session? Will the pyrite resolution board do its work in parallel with the development of this legislation, or will it cause delays in delivering a solution to people who are in a dire situation?

The Taoiseach

This issue is of concern to a great number of people. I have been in a number of the houses affected. The good news is that a decision has been made to introduce a pyrite remediation scheme. It was hoped that this would be part of the Finance Bill, but the imposition of levies to deal with the scheme will require primary legislation. I know that the Minister, Deputy Hogan, has written to the Deputy about this matter. He said he wants to work with the Attorney General and the Parliamentary Counsel so that such legislation can be drafted and brought before the House as quickly as possible. We are aware of its urgency. It is a matter of intense concern to those families who have to deal with it every day. I would like to see the legislation being brought to the House as quickly as possible. I am not sure of the extent of the complexity involved in drafting the Bill to deal with these levies, but the Deputy has my word that the Minister and the Attorney General will give it whatever priority they can to bring it before the House as quickly as possible.

Deputy Martin Heydon

Following Deputy Butler's earlier point, I was going to ask about the consumer and competition Bill. I welcome the Taoiseach's response that it will come before us in this term. It is important to provide a statutory code of conduct for the grocery goods sector and how multiples deal with farmers, processors and customers.

May I ask the Taoiseach about the assisted decision-making (capacity) Bill? It is hoped this will reform the law on mental capacity, taking into account the Law Reform Commission's report on vulnerable adults and the law.

The Taoiseach

That is an important Bill. It is largely completed and I expect it to be published in this session.

Deputy Patrick O'Donovan

I wish to ask the Taoiseach about the Construction Contracts Bill because, as he knows, there was a high-profile incident in my constituency before Christmas. A number of Deputies have raised the issue of protecting subcontractors. There is a need to ensure, with capital envelopes from the State, that subcontractors are being protected on State contracts. When will we see the legislation back in the Dáil?

The Taoiseach

This legislation was to be concluded before, but they are still drafting some amendments to it. I expect it will not be long before it is completed. I will give the Deputy an update in two weeks' time to see what stage the drafting of amendments is at.

Deputy Robert Dowds

What is the Government's general position on the Private Members' Bills that are being heard on Fridays once a month?

An Ceann Comhairle

That is a separate issue and not one for the Order of Business.

Deputy Robert Dowds

May I write to the Ceann Comhairle on the subject?

An Ceann Comhairle

If the Deputy tables a parliamentary question or submits a Topical Issue matter, we will try to deal with it, unless the Taoiseach wants to comment on it.

The Taoiseach

It is a change here to have more involvement in drafting legislation. That is why the change was brought about in order that back bench Members would be entitled to initiate Private Members' Bills for discussion in the House.

Deputy Aodhán Ó Ríordáin

The Minister for Agriculture, Food and the Marine stated recently that the Bill to bring about a levy on online betting will be coming before the House very soon. I would like to know when that will be. He also indicated that the levy would not go to the horse and greyhound fund because all levies on bets currently placed in Ireland go directly to that fund. I would like the Taoiseach's assurance that that will not happen with this new levy on online betting.

The Taoiseach

I will have to come back to the Deputy on that matter. I do not have the detail on when we can expect it. The decision has been made, however, and I will let the Deputy know in due course.