Dáil Éireann debate -
Thursday, 21 Mar 2013

Vol. 797 No. 2

Order of Business

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte)

It is proposed to take No. 3, Health (Alteration of Criteria for Eligibility) Bill 2013 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that for the purposes of Standing Order 117A the first Friday of the month for April shall be Friday, 19 April, 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, 28 March 2013; and related Standing Orders shall apply accordingly. Private Members’ business, which shall be No. 98, motion re disability supports (resumed), shall be taken on the conclusion of the Order of Business and shall, if not previously concluded, be brought to a conclusion after 90 minutes.

An Ceann Comhairle

There is one proposal to be put to the House. Is the proposal for dealing with the sitting and business of the Dáil on Friday, 19 April, agreed to? Agreed.

Deputy Michael McGrath

There are reports that the Minister for Justice and Equality, Deputy Shatter, and the new head of the insolvency service will next week publish minimum income guidelines to be used in assessing people's indebtedness in an effort to formulate solutions for such people. They will apparently deal with issues such as whether people may keep a second car, go on holiday or have a Sky Sports package. Will those guidelines require legislation in the House? Will they be mandatory or will it be possible for banks to reject them?

Deputy Pat Rabbitte

I understand that what is in contemplation is that the head of the personal insolvency agency is likely to publish some guidelines for the engagement between borrower and lender in respect of the legislation to which Deputy McGrath referred. My understanding is that no legislation is contemplated.

Deputy Mary Lou McDonald

I wish to ask about the new Croke Park deal and the Government's proposed legislation arising from that. We all know the deal unfairly and deliberately targets front-line workers and, yesterday, representatives of An Garda Síochána picketed outside the Oireachtas. I hope the Minister knows that public sector workers, like everybody else, have mortgages to pay and children to feed and clothe, and many of these people are struggling. Does the Government intend to introduce financial emergency measures in the public interest, FEMPI, legislation to cut public sector pay? Does it intend to legislate to slash the terms and conditions of public sector workers and civil servants? Will this legislation be introduced regardless of the ballot on the Croke Park II deal?

Deputy Pat Rabbitte

Proposals emerged under the umbrella of Croke Park II between the employer side and the trade unions and those proposals are being put to ballot or are being dealt with in accordance with the rules and procedures of each union. It would not be helpful for any member of the Government or Member of the House to intrude in the process until we get a result. The unions present at the negotiations understand perfectly well what is the process and I do not want to be seen to seek to intrude into those affairs.

Deputy Emmet Stagg

There is no promised legislation.

Deputy Mary Lou McDonald

I asked specific questions on proposed legislation. Will there be new FEMPI legislation and will there be additional legislation dealing with the terms and conditions of public sector workers? I am not asking the Minister to comment on the ballot.

Deputy Pat Rabbitte

There is no FEMPI legislation.

Deputy Bernard J. Durkan

When is it proposed to introduce the Oireachtas (ministerial and parliamentary offices) Bill, which will implement changes to party leaders' allowances and minor amendments to other allowances? Has this promised legislation been discussed by the Cabinet, have the heads been approved and when is it likely to come before the House?

Similarly, another piece of legislation is to commemorate the exertions of the Opposition when the parties were in government. I am inquiring about the monuments Bill and a possible citation for the undying efforts and dedication of the Opposition when those parties were in government. It may be a suitable Bill.

Deputy Michael McGrath

That is a great contribution.

Deputy Bernard J. Durkan

When is the Bill likely to come before the House and have the heads been discussed?

Deputy Willie O'Dea

The Deputy is not even funny. He should sit down.

Deputy Bernard J. Durkan

Will it go before a committee prior to the heads being discussed?

An Ceann Comhairle

We cannot deal with all that. We will deal with its publication first.

Deputy Michael McGrath

What a waste of hot air.

Deputy Willie O'Dea

There is a village looking for an idiot.

Deputy Pat Rabbitte

The heads of the first Bill are being drafted and the reforms will be published this year. The heads of the monuments Bill were approved by the previous Government and this Government is looking at the feasibility of nominating a particularly unfinished estate to include in the list of monuments.

Deputy Michael McGrath

Some Labour councillors can orchestrate that.

Deputy Mattie McGrath

The Minister made much of the jobs plan but it is over two years since a big construction company, Pierse Construction, went into liquidation in Dublin, leaving 500 subcontractors affected. Many hundreds of people have been affected since. Where is the Construction Contracts Bill? Much good work was done by the last Government, Senator Feargal Quinn and many others, and people are depending on this for some shred of defence when big companies go into liquidation and leave subcontractors, staff and creditors penniless. Is there any possibility in considering the Central Bank consolidation Bill that it will include bankers' pay issues?

An Ceann Comhairle

No.

Deputy Mattie McGrath

I call Mr. Richie Boucher "Richie Voucher" as he likes to spend money.

An Ceann Comhairle

We do not discuss the contents of Bills.

Deputy Mattie McGrath

There must be some meaningful way of correcting this as all the talk in the world will not do it.

An Ceann Comhairle

The Deputy should resume his seat.

Deputy Mattie McGrath

Some work must be done.

An Ceann Comhairle

Do not abuse your position.

Deputy Mattie McGrath

We cannot ignore it forever and a day.

An Ceann Comhairle

That is not appropriate to the Order of Business.

Deputy Mattie McGrath

These people are laughing all the way to the bank.

Deputy Arthur Spring

Put down a Bill.

Deputy Mattie McGrath

The Deputy knows all about the banks, including Anglo.

Deputy Arthur Spring

Of course. Is that an allegation?

Deputy Pat Rabbitte

I spoke to a conference of the Construction Industry Federation this morning on the issue.

Deputy Timmy Dooley

That is the construction industry sorted.

Deputy Pat Rabbitte

The Bill has completed Second Stage and if amendments are required, they are likely to be approved by the Cabinet very shortly. I expect the Bill to be concluded within a few weeks. There is no legislation on the other issue raised by the Deputy. The arrangement for the particular chief executive referred to was entered into in 2009 and I understand he has a contract to that effect. Since this Government came into office there has been a cap on banker pay which has been enforced.

Deputy Mattie McGrath

It has blown off.

Deputy John O'Mahony

When will the bail Bill be published? On a daily basis we see people out on bail committing crime, so this is an important Bill.

Deputy Pat Rabbitte

The heads have not yet come to the Government and as the Deputy knows, the Minister for Justice and Equality has a large legislative schedule. I do not envisage the Bill being published this year.

Deputy Joan Collins

In last night's debate it was mentioned that legislation to reform the Lunacy Act 1871 is to be introduced before the summer. This has been on the A list since last spring and we are still waiting for the legislation to come through. When will the heads of the Bill be approved and when will the legislation come before the Oireachtas?

Deputy Pat Rabbitte

The Deputy is referring to the mental capacity Bill. It will be early next session.

Deputy Joan Collins

Have the heads of the Bill been approved?

Deputy Peter Fitzpatrick

I have parents coming into my constituency office in Dundalk who are very concerned about the use of sunbeds and the damage they can do. They want to know what measures will be taken to prohibit the use of sunbeds by minors. When can we expect the publication of the public health (sunbed) Bill?

Deputy Pat Rabbitte

I apologise, I am not an expert on sunbeds.

Deputy Timmy Dooley

That much is obvious.

Deputy Pat Rabbitte

I have never personally insulted Deputy Dooley.

Deputy Timmy Dooley

The Minister might be red around the gills but he could not be described as tan.

Deputy Pat Rabbitte

The legislation will be introduced when the sun is at its zenith, meaning later this year.

Deputy Timmy Dooley

The Minister is aware that morale is low within the Garda Síochána. The GRA was protesting outside yesterday and the association recently passed a motion of no confidence in the Minister for Justice and Equality, an unprecedented occurrence.

An Ceann Comhairle

Will the Deputy let us know where he is going with this?

Deputy Timmy Dooley

Earlier this week a garda had her private car burned out outside a Garda station in County Clare as an act of intimidation.

An Ceann Comhairle

We are meant to be dealing with promised legislation.

Deputy Timmy Dooley

As a result, I am asking that the Garda Síochána (Compensation for Miscellaneous Injuries) Bill be brought forward very shortly to deal with the attacks on gardaí that are taking place on a daily basis. What happened to that young garda was outrageous.

Deputy Pat Rabbitte

I deplore the incident referred to by the Deputy. The heads of the Bill were cleared in July and it will be published later this year.

Deputy Michael Healy-Rae

We already have two overworked appeals commissioners. They are now being told they must deal with appeals related to the property tax. They cannot cope with the current level of work. Is legislation promised to beef up the functions of appeals commissioners and to appoint more commissioners to carry on the already heavy workload? It will be crazy if they are already overworked to expect them to deal with appeals related to the property tax, which will come flooding in.

Deputy Pat Rabbitte

No legislation is promised. Neither the Minister for Finance nor I have any evidence the appeals commissioners cannot cope with their backlog of work. I do not know if the Deputy envisages they will have additional work as a result of the application of property tax but until now the two gentlemen concerned have been able to dispose of their workload as required and in a reasonable timeframe.

Deputy Michael Healy-Rae

What will happen from now on?

Deputy Aengus Ó Snodaigh

Yesterday I raised the issue of Thalidomide victims and the promise in programme for Government to act on that matter during the Topical Issue debate. Another issue similar to that has emerged in recent years as a result of the reports on the Magdalen laundries and other residential institutions - illegal adoptions. The Australian Government today apologised to those who were illegally adopted in the 1940s, 1950s and 1960s. Does the Government intend to establish an inquiry to look into that practice, which happened in this State as well as in Australia and Britain? Is legislation needed to address the falsification of adoption records in some State institutions, including hospitals?

Deputy Pat Rabbitte

There is no promised legislation in this area. I do not have any expertise in this area but I will ask the relevant Minister to reply to Deputy Ó Snodaigh directly.

Deputy Willie O'Dea

No. 25 on the legislative programme, the land and conveyancing law reform (amendment) Bill, is designed to remove any barriers in the way of banks that wish to repossess property from people to whom they have lent money. Does the Government intend to proceed with this legislation? If so, when will we see it?

Deputy Pat Rabbitte

Yes, we intend to proceed with it. It was approved by Government last week.

Deputy Brian Stanley

I wish to ask about the commitment in the programme for Government on the waiver for domestic waste collection. I have raised this a number of times in the last two years and been given all sorts of fluffy answers. Three weeks ago the Taoiseach told me he would reply on the issue but in spite of the solemn commitment in the programme for Government, only some counties have a waiver. County Laois has not had a waiver in 25 years. We mentioned property taxes and water charges earlier and waste collection fees are placing further unbearable pressure on low income households. The Minister and I both know what is happening with illegal dumping all over the State. The countryside is covered in litter. We have clean towns and dirty roadways because illegal dumping is taking place. The Government must tell the House if it intends to introduce a waiver scheme for low income households.

An Ceann Comhairle

We do not deal with waiver schemes on the Order of Business.

Deputy Brian Stanley

I have been told there is promised legislation on it.

Deputy Pat Rabbitte

There is no legislation. The Deputy understands that when local authorities collected waste, there was a waiver system. Unfortunately a campaign grew up, led by Members of this House, that led to the privatisation of waste disposal and, as a result, the application of a waiver system is far more difficult.

Deputy Brian Stanley

What about the commitment in the programme for Government?

Deputy Ray Butler

When will the criminal justice Bill be published to deal with bogus charities collecting clothes in light of the documentary that was recently broadcast on this topic? It is not illegal to set up a bogus charity and go from door to door collecting clothes. Gangs are making serious money doing this.

Will the Government publish legislation on sub-prime mortgage companies? This is a serious problem. We are looking after those dealing with regular institutions but we really need legislation to deal with sub-prime mortgage companies.

Deputy Pat Rabbitte

Both of these are serious issues and I expect legislation will be published by the end of the year.

Deputy Pádraig Mac Lochlainn

When will the Legal Services (Regulation) Bill move to the next Stage in the House? This has been delayed for some time. It is a major issue for those who face enormous costs to secure justice or pursue a case.

The programme for Government also promised action on upward only rents. Will the Government consider a constitutional amendment later this year on the day of the referendum to deal with the issues preventing legislation from addressing the upward only rent system?

Deputy Pat Rabbitte

The Legal Services (Regulation) Bill is a complex Bill and amendments are still being prepared for Committee Stage. I do not know how soon the committee can take it but the amendments are still being drawn up so the fault does not rest with the committee. It is unlikely there would be any constitutional referendum this autumn other than as already announced.