Order of Business

The Taoiseach

It is proposed to take No. 21a, statements on the pre-European Council meeting of 14 and 15 March 2013; No. 22, Finance Bill 2013 - Order for Report, Report and Final Stages, to adjourn at 10 p.m. tonight if not previously concluded; and No. 1, Industrial Development (Science Foundation Ireland) (Amendment) Bill 2012 [Seanad] - Second Stage, to adjourn at 7.30 p.m. tonight if not previously concluded.

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.; that the proceedings in relation to No. 21a shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: the statements made by the Taoiseach and by 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, and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; and in the event a division is in progress at the time fixed for taking Private Members’ business, which shall be No. 91, motion re job creation and economic growth (resumed), Standing Order 121(3) shall not apply and Private Members’ business shall, if not previously concluded, be brought to a conclusion after 90 minutes.

An Ceann Comhairle

There are three 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. 21a agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

Deputy Micheál Martin

Speaking recently at the Near social justice media conference, the Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte, said that new legislation governing media ownership is a concern that the Government must be prepared to engage with. He committed to new rules on media mergers, but he did not say when they would be published. He said that in the context of a remark that without State intervention in the media, what would emerge would be a small number of enormous commercial media conglomerates that are operated solely for profit by the privileged and the powerful. This is from the Minister for communications, Deputy Pat Rabbitte.

I am conscious that the programme for Government committed to legislation in this regard. Last May, the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, seemed to indicate that there would not be a separate media mergers Bill but that he would proceed with one Bill, the consumer and competition Bill.

Regarding the comments of the Minister, Deputy Rabbitte, he said this was an issue of concern to the very fundamentals of democracy and media diversity. He is on the record as saying to the House that diversity of content and ownership is more important in the media than in other enterprises as it has an impact on the quality of our democracy. He said he is confident that the Bill will have regard to these principles. With regard to the Bill he was talking about, can the Taoiseach give a timescale for the introduction of the consumer competition Bill? Also, can he confirm or clarify for the House whether there will be separate media mergers legislation, as per the Minister's comments at the weekend, or whether the new rules pertaining to media mergers will be contained in one Bill? This has been ongoing for a year and a half, and there is a lack of clarity on it. There appears to be a Fine Gael position on this which is not in support of new rules about media mergers, and it is a different position from that of the Labour Party. I want to know the Government position on the promised legislation.

The Taoiseach

The Government's position is that the consumer and competition Bill, which was scheduled for this session, will not be introduced in this session but in the next session. Thereafter, the Minister for Communications, Energy and Natural Resources will have responsibility for the media end of matters, but the Government will produce the consumer and competition Bill. It is at an advanced stage and will be published in the next session.

Deputy Micheál Martin

Will the media mergers legislation be a separate Bill?

The Taoiseach

The Minister for Communications, Energy and Natural Resources will deal with the media issues once the Bill is gone through.

Deputy Micheál Martin

By way of legislation.

An Ceann Comhairle

That is a matter for a parliamentary question.

Deputy Micheál Martin

The Taoiseach promised the Bill at the weekend. He promised new rules.

The Taoiseach

It is very advanced.

Deputy Gerry Adams

Before I deal with the matter under the Order of Business, I refer to the issue that during Leaders' Questions Deputy John Deasy made unacceptable remarks which were in breach of Standing Orders. I tried to draw the matter to the Ceann Comhairle's attention.

An Ceann Comhairle

It is impossible. I cannot hear remarks.

Deputy Gerry Adams

Ceann Comhairle, just let me finish.

An Ceann Comhairle

Yes.

Deputy Gerry Adams

I tried to draw the matter to the Ceann Comhairle's attention as I believe I am entitled to do. The Ceann Comhairle previously wrote to me to tell me that these things need to be brought to his attention. I am now bringing it to the Ceann Comhairle's attention. I tried to do it when Deputy Deasy was present. He has since left. I ask the Ceann Comhairle to look at the blacks and to deal with the issue, please.

I seek an update on access to primary care without fees to claimants of free drugs under the long-term illness scheme. The Government made it very clear that access to primary care for claimants under the high tech drugs scheme would happen in the second year of its term of office. Can the Taoiseach provide an update on this matter? When we can expect to see the legislation?

The Taoiseach

This relates to one of the two health (amendment) Bills which will be published in the next session.

Deputy Michael Healy-Rae

The State-owned insurer, VHI, has cut the benefits in seven of its health plans to qualify for lower health insurance levies. Instead of reducing the premiums on the same plans, it has raised them.

An Ceann Comhairle

Hold on.

Deputy Michael Healy-Rae

I am asking about this in relation to the health (amendment) (no. 3) Bill.

An Ceann Comhairle

The health (amendment) (no. 3) Bill, Taoiseach.

Deputy Michael Healy-Rae

It is a very important issue. Benefits will be reduced and premiums will rise.

An Ceann Comhairle

Fine. We can deal with that issue when the Bill is published.

The Taoiseach

It will be published later this year.

Deputy Willie O'Dea

The justice section of the legislative programme includes a land and conveyancing law reform (amendment) Bill, which is intended to remove unintended constraints on banks to realise the value of loan collateral. In other words, it will remove the obstacles which stand in the way of banks repossessing houses. When does the Taoiseach intend to introduce that legislation?

The Taoiseach

It was approved by the Government on Tuesday.

Deputy Micheál Martin

When is it coming to the House?

Deputy Willie O'Dea

Is it coming to the House in this session?

The Taoiseach

Yes.

Deputy Michael McNamara

When will legislation be introduced to allow gardaí to engage fully in collective bargaining? The Garda Síochána Act 2005 introduced by the last Government does not allow gardaí-----

An Ceann Comhairle

Is legislation promised here, Deputy?

Deputy Michael McNamara

Yes, Ceann Comhairle, on page 24 of the programme for Government.

Deputy Timmy Dooley

They would not need to if Deputy McNamara's Minister did not hit them the way he did.

An Ceann Comhairle

When is a Garda Síochána Bill due?

Deputy Michael McNamara

Page 24 of the programme for Government sets out that it will reform the current law on employees' rights to engage in collective bargaining to ensure compliance by the State with recent judgments of the European Court of Human Rights. Currently, gardaí cannot access the Labour Court and the Labour Relations Commission nor can they affiliate with ICTU in collective bargaining discussions.

Deputy Timmy Dooley

You have fallen out with the Minister, Deputy Howlin. He is not talking to you at all.

Deputy Michael McNamara

Obviously, that has created considerable difficulties in recent negotiations.

The Taoiseach

That is not specific to gardaí who have had the capacity over the years to have their case made and heard in discussions with Government. It is not an issue for the security forces or Defence Forces.

Deputy Timmy Dooley

Deputy McNamara must be coming under pressure with the penalty points.

Deputy Ray Butler

I have asked several times when publication is expected of the criminal justice (proceeds of crime) Bill. Could we have a timescale? I welcome the news this morning of the operation against diesel laundering plants North and South of the Border by Customs and Excise, the Garda, PSNI and CAB. The Bill will give CAB more powers to forfeit the proceeds of crime. It is a huge one. I welcome the news of this morning's operation as, I am sure, will all parties in the Dáil. A lot of the parties would want to start to speak up about what is going on with diesel laundering in this country.

Deputy Timmy Dooley

Another revelation. Go on.

Deputy Bernard J. Durkan

Hear, hear.

The Taoiseach

I welcome this morning's raids. I cannot give the Deputy a date on the Bill on the proceeds of crime and criminal assets as discussions are ongoing with CAB. Until those discussions are finished, we will not be able to put a definite timeline on it.

Deputy Ray Butler

Welcome the operation this morning.

The Taoiseach

Yes, of course.

Deputy Peter Fitzpatrick

When does the Taoiseach expect the publication of the landlord and tenant Bill to reform and consolidate the general law on landlord and tenants? What progress has been made on the legislation? When does the Taoiseach expect the publication of a noise nuisance Bill to extend and improve the powers available to enforcement authorities by allowing for on-the-spot fines and to provide for mediation between neighbours? What progress has been made on that Bill?

Deputy Dara Calleary

That is Deputy Durkan's Bill.

The Taoiseach

I do not have a date for the second Bill. The heads of the landlord and tenant Bill were approved in 2011, which just shows one the scale of operations going on here. It will be next year before the Bill becomes a reality.

Deputy Bernard J. Durkan

Given recent comments of the Chief Justice, I raise again the courts (consolidation and reform) Bill. To what extent has it been discussed by Cabinet and have the heads been discussed or approved? When is the Bill likely to come before the House? Given the continued and uninterrupted growth of crime over the past 15 years, is it possible to tackle that by bringing the bail Bill before the House? The last promised Bill I wish to raise will resonate with the Opposition. The monuments Bill should be brought before the House-----

Deputy Timmy Dooley

Are you looking for one?

Deputy Bernard J. Durkan

-----to facilitate a debate and the creation of a monument to incredulity.

Deputy Dara Calleary

Deputy Durkan can pose for it.

Deputy Timmy Dooley

A monument to longevity.

Deputy Billy Kelleher

He would not qualify. Monuments are silent.

The Taoiseach

The monuments Bill is still in situ. It will be next year before it comes. I do not have a date for the bail Bill. The courts (consolidation and reform) Bill has not been discussed at Government. The heads have not arrived. I will advise Deputy Durkan as progress is made.

Deputy Bernard J. Durkan

The monuments Bill is due next year.

The Taoiseach

It is still in situ. They are going to be there until next year.

Deputy Bernard J. Durkan

I think that is an excellent choice.

Deputy Dara Calleary

Committee Stage of the Construction Contracts Bill 2010 which is intended to provide protection to sub-contractors was due to go ahead this week. I gather it has been postponed. When will Committee Stage take place? We have waited nearly two years for it.

The Taoiseach

A number of amendments to the Bill have been discussed at some length. I expect the Bill to come before Government in two weeks and Committee Stage will take place then.

Deputy Seán Ó Fearghaíl

The Government promises a housing Bill to address, among other things, local authority repossessions. In the absence of the Bill some local authorities, in particular Kildare County Council, are proceeding apace with forced repossessions of houses. Deputy Stagg and Deputy Durkan will be aware of this.

Deputy Emmet Stagg

They are.

Deputy Dara Calleary

Can the Taoiseach tell the House when the Bill will be brought forward and if it will address that particular issue?

The Taoiseach

This is an issue of extensive proportions and the intention is to split this into three. I expect the first of those to come forward in the next session. Hopefully, the other two can be dealt with this year. There will be details of how it is proposed to break it up.

Deputy Dessie Ellis

Domestic violence plagues society and particularly affects women and children. We have seen examples over the years in our clinics. Will there be a provision in the housing Bill to recognise that domestic violence is a primary cause of homelessness? Safe Ireland and similar groups are looking for such a provision. It is very important. The Taoiseach has said the housing Bill is coming before the Dáil. How soon? He said it would be this term, but can he provide a date? It is very important that local authorities have some guidance on homelessness. It is a big issue.

The Taoiseach

I will ask Deputy Jan O'Sullivan who is the Minister of State with responsibility for housing to address this. The housing Bill will be split in three. I cannot provide details of whether the section coming before us in the next session will deal with the matter raised. I will ask Deputy Jan O'Sullivan to engage with the organisations to which Deputy Ellis referred in that context.

Deputy Pádraig Mac Lochlainn

The Legal Services Regulation Bill has been delayed for quite a while. When can we expect it to move forward? Section A of the legislative programme includes a courts Bill to provide, subject to certain conditions, the reporting of family and child care proceedings. When will that Bill be brought before the House?

With regard to the land and conveyancing law reform (amendment) Bill, will it introduce provisions for non-recourse lending in order that people could hand back the keys to homes for which they could no longer pay and the banks would be limited to seizing the collateral?

The Taoiseach

The Legal Services Regulation Bill is still on Committee Stage.

Deputy Pádraig Mac Lochlainn

It has not been seen for a long time.

The Taoiseach

The courts Bill was cleared on Tuesday, as was the land and conveyancing law reform (amendment) Bill.

Deputy Pearse Doherty

Bhí an Taoiseach ag tagairt níos luaithe don reachtaíocht a thugann cosaint do dhaoine atá ina gcónaí i dteach s'acu féin. Dúirt sé nach féidir leis na bainc an teach a bhaint díobh ach ní raibh sé ceart san méid a bhí sé ag rá. The Taoiseach referred to the her Family Home Protection Act. Given that he was a Deputy at the time, he is well aware that the legislation was introduced------

An Ceann Comhairle

Where are we going with this?

Deputy Pearse Doherty

It concerns promised legislation.

An Ceann Comhairle

Which Bill?

Deputy Pearse Doherty

The land and conveyancing law reform (amendment) Bill and the Family Home Protection Act.

An Ceann Comhairle

The Taoiseach has answered that question already. The Bill was cleared on Tuesday.

Deputy Pearse Doherty

The legislation to which I referred was introduced in 1976 and does not give any protection in the repossession of family homes. It give protection to-----

An Ceann Comhairle

We do not discuss issues on the Order of Business.

Deputy Pearse Doherty

Will the land and conveyancing law reform (amendment) Bill provide protection for anyone who genuinely cannot pay a mortgage to ensure the bank cannot repossess it?

An Ceann Comhairle

This matter was dealt with during Leaders' Questions.

Deputy Pearse Doherty

The Taoiseach is misguided about the legislation which dates back nearly 37 years.

The Taoiseach

I am glad that the Deputy's view on house repossessions is in accordance with the Government's.

Deputy Pearse Doherty

It is not.

The Taoiseach

It should only happen in extreme cases, as enunciated by the Deputy to the nation this week. The land and conveyancing law reform (amendment) Bill was cleared by the Government and published this week. The Deputy will have an opportunity to debate it.

Deputy Pearse Doherty

People who genuinely cannot pay should not have their homes repossessed.

An Ceann Comhairle

This concerns the fact that the Deputy was not here when the matter was being discussed. He should resume his seat, please. We cannot have another debate.

Deputy Kathleen Lynch

Sinn Féin did not vote for the bank guarantee either.

Deputy Pádraig Mac Lochlainn

That is a broken record.

Deputy Joan Collins

In early February the draft report on the death of Savita Halappanavar was leaked to the media. The Minister for Health, Deputy James Reilly, said at the time that we would have the full report within two weeks. Has he received it? If he has, has it been sent to her husband? When it will be produced?

The Taoiseach

I had not received the report and it has not yet been discussed by the Government. I assume that when the Minister for Health is ready and has received the report, he will bring it to the Government.

Deputy Billy Kelleher

Some 200 people a day are forfeiting health insurance. Clearly, the market is in crisis and families cannot afford to pay premiums. In that context, when will the health (private patient charges) Bill be brought before the Dáil? It will further exacerbate the difficulties families have in trying to retain private health insurance as it will force insurance companies to bill patients treated in public beds.

The Taoiseach

A number of Bills are being restructured and the Bill to which the Deputy refers will be published in the next session.

Deputy Timmy Dooley

Following the question of Deputy Ray Butler on concerns about diesel laundering, when does the Government intend to introduce legislation to deal with the relatively minor fines and penalties imposed on those found guilty of offences such as diesel laundering?

The Taoiseach

The fines (amendment) Bill is expected to be published by the middle of the year.

Deputy Jerry Buttimer

I had the pleasure of speaking at a transgender conference in Waterford last week organised by Transgender Equality Network Ireland, TENI. With regard to the gender recognition Bill, given its complexity and the fact that it is in section C of the Government's legislative programme, will the Taoiseach outline the progress made?

Dáil Éireann debate - Wednesday, 13 Mar 2013

Dáil Éireann debate -
Wednesday, 13 Mar 2013