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Dáil Éireann debate -
Wednesday, 27 Mar 2013

Vol. 798 No. 1

Order of Business

It is proposed to take No. 28, statements on European Council in Brussels; No. 29, Motor Vehicle (Duties and Licences) Bill 2013 - Order for Report, Report and Final Stages; and No. 30, Animal Health and Welfare Bill 2012 [Seanad] - Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that the proceedings in relation to No. 28 shall, if not previously concluded, be brought to a conclusion after 85 minutes and the following arrangements shall apply: statements shall be 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, which shall not exceed 15 minutes in each case; a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. Private Members' business shall be No. 105, motion re mortgage arrears (resumed), to conclude at 9 p.m. tonight if not previously concluded.

There is one proposal to be put to the House. Is the proposal for dealing with No. 28 agreed to? Agreed.

I asked the Taoiseach yesterday about the public service pay deal and the promised legislation arising from it. He was unclear yesterday and was not in a position to outline the time schedule for the legislation in respect of the Payment of Wages Act, hours of work, times, pay and conditions. This was outlined in the report of the Labour Relations Commission, and the Minister for Public Expenditure and Reform subsequently confirmed that there would be legislation. When can we expect that legislation to be published? Can he give us a time schedule for it?

The discussions on the agreement are over and it is now being considered by the trade unions. In the LRC proposals it is noted that legislation is necessary to implement several of the measures encompassed by the proposals. The legislation is necessary to reduce the pay of public servants regardless of whether the LRC proposals are passed in the ballot. Legislation will also be needed to adjust the pension levy and to make changes to pensions in payment. The legislation will include provisions to cut the pay of senior staff and office holders, including members of the Government, the Oireachtas and the Judiciary. Preparations are under way to draft the legislation and it will be brought before the House in a timely way to ensure that it will be in operation by 1 July. If the ballot is favourable the legislation will implement the proposals reached under the auspices of the LRC. In the event that the measures proposed by the LRC are not passed in the ballot, the Government will have to consider the measures necessary to meet the expenditure targets of €300 million in savings this year and €1 billion by 2015.

Is there one Bill to cover the pay and pensions issues? Would it need separate legislation if that is not passed?

The various elements of legislation to which I have referred are being prepared and will have to be implemented by 1 July. If the ballot is favourable the legislation will implement the proposals that the LRC has already negotiated and agreed. If the measures are not passed in the ballot the Government will have to consider the measures that it needs to take to meet the expenditure targets of €300 million in savings this year and €1 billion in savings by 2015.

Under the Personal Insolvency Act the Minister was to bring forward the debt reduction guidelines for the personal insolvency service today. I can only speculate on whether they have perhaps been delayed to get the by-election out of the way. Given the distress caused by the remarks made by the Minister for Transport, Tourism and Sport that women do not have a right to work or that their work is secondary to the banks, or that families do not have a right to child care, is it not crucially important that we are clear on when these guidelines will be published? Will the Taoiseach make this clear today?

The guidelines will be drawn up and published by the personal insolvency agency. In response to a question from Deputy Micheál Martin earlier I made it crystal clear that guidelines would not include a condition that somebody would have to give up a job to reach a resolution of their financial circumstances. It just does not and will not apply. I hope I have made this perfectly clear for everybody.

I asked when they would be published. The Taoiseach did not answer that question.

I do not speak for the personal insolvency agency.

The Taoiseach could speak to it.

It is up to the agency to decide when it wants to publish them. It is obviously drafting the guidelines to which people have referred. It is a matter for the agency; it is not a function of the Government.

Does the Taoiseach not know?

In the context of minimum pricing legislation, there was a misuse strategy in place which recommended minimum pricing of alcohol. When will legislation to implement the strategy be published?

A good deal of work has been done on this issue. The minimum pricing legislation will be introduced later in the year. The Minister of State, Deputy Alex White, has done extensive work on the issues surrounding the alcohol debate in general and will bring recommendations to the Cabinet sub-committee in the next few weeks.

Regarding the Health (Pricing and Supply of Medical Goods) Bill 2012, is there any effort being made to curtail the savage legal costs incurred in the High Court in cases of children who were taken into care? I note the Minister for Children and Youth Affairs is in the Chamber.

Has such legislation been promised?

Is anyone watching it? Enormous amounts of money are being paid for these legal services.

When will the Bill be taken?

Report Stage will be finalised after Easter.

I congratulate the Taoiseach and the Cabinet on their good decision to extend the fuel allowance for another week, which is appreciated. Has the Cabinet proposals under the emergency provisions Bill to deal with the fodder crisis affecting the country?

No, the question must be on promised legislation. If the Deputy tables it as a Topical Issue matter, I will deal with it for him.

We cannot have our matters selected.

What is the current position on the introduction of the national paediatric hospital development board (establishment order) (amendment) Bill? Have the heads been discussed by the Cabinet? What are the implications for the future of the new national children's hospital as proposed? When are we likely to see the Bill before the House?

The heads of the Bill have not yet been brought to the Cabinet, but the Minister for Health is due to report to the Cabinet sub-committee today on the progress being made on it. I will let the Deputy know the outcome.

When does the Taoiseach expect to bring forward proposals in respect of the housing Bill? Last year he told me he was going to bring forward comprehensive proposals to deal with the collapse in the provision of social housing. We now have vast housing lists, but no action is being taken to deal with them.

Yesterday I asked about the criminal justice (corruption) Bill. Will the Taoiseach organise a debate on the actions being taken by the Minister for Justice and Equality and the Director of Public Prosecutions on the Flood-Mahon and Moriarty tribunals? It is a long time since we received an update on the outcomes and the issue of accountability in terms of the reports of the two tribunals.

What legislation does this come under?

The housing Bill is split into three elements. The one dealing with rents will be taken next session, while the other two will be taken later in the year. I do not have a date for publication of the prevention of corruption Bill.

There is a commitment in the programme for Government to expand eligibility for the back-to-education allowance. However, this allowance has been cut twice in the past two budgets. Will this commitment require legislation? If so, when can we expect to see it? There is also a commitment to examine the possibility of introducing legislation to allow the self-employed to be insured against unemployment or illness. What progress has been made on that legislation?

Extending eligibility for the back-to-education allowance would not require legislation, as it would be a budgetary matter. It can be considered in the context of the budget which will be announced this year arising from the adoption of the EU two-pack as proposed by the European Parliament. The Minister for Social Protection will keep under review the question of the self-employed being catered for in that context.

Will the Taoiseach provide an update on the maritime Bill? Will he also update the House on the major problem in the Howth area of the pay-for-parking proposal on Howth pier being introduced by the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney? This will have an impact on thousands of jobs and tourism in the area. The people of Howth, Sutton, Baldoyle and Clontarf are worried about this because 300 jobs will be directly affected. The pier is an asset that we should protect. I encourage the Taoiseach to ask the Minister not to introduce the scheme.

The maritime Bill will be introduced next year. I know the Deputy has been seen striding up and down the pier in Howth commenting on the fine asset that it is. He can take it that it will be protected. The question of parking is one on which the Minister has made a decision. The Deputy's fundamental point on the protection of the asset of Howth Harbour is one we all share.

Does the Minister, Deputy Richard Bruton, have the matter in hand?

The Minister could have small SMEs on the pier.

I take it we do not need legislation dealing with the situation in Howth Harbour.

When does the Government intend to publish legislation to provide for a regulatory regime for gas storage at offshore sites under the seabed, at sites where extraction activities are taking place, in depleted gas wells and at virgin sites?

The Bill in question will be published this year.

In the light of the fact that three council workers were suspended for filling a pothole, does the Government have any plan to overhaul the health and safety legislation or change working conditions for council staff? In the case in question, the three workers were on their way back to their depot when they stopped to fill potholes in the common good.

We are really stretching it.

The workers in question were suspended because they were in breach of health and safety rules.

It may be a serious issue, but it is not one for the Order of Business.

It is a serious issue.

Why does the Deputy not see the Minister about it and not bring it up with me?

Are there plans to overhaul health and safety regulations and the Health and Safety Authority?

Has legislation been promised to overhaul health and safety regulations?

There is no promised legislation. I read the report on the case in question and there is an issue about the safety standards adopted in this case. I suggest Deputy Jerry Buttimer table this as a Topical Issue matter and the Ceann Comhairle may grant him permission to raise it.

Perhaps tabling a parliamentary question might be the answer.

Deputy Jerry Buttimer is playing for local headlines.

The Taoiseach is not in a position to give a commitment as to when the personal insolvency guidelines will be published as he does not speak for the service. Does he plan to contact the agency in order that when he is next in the Chamber, he can tell us when the guidelines will be published?

That matter does not arise on the Order of Business.

I welcome the Taoiseach's pro-woman sentiments in the Chamber this morning. Obviously, there is an issue with the draft guidelines if, as reported, they propose to deal with child care expenses in the way ventilated in the media.

That matter was dealt with during Leaders' Questions.

Will the Taoiseach make that telephone call? Will he confirm to the House whether Mr. Praveen Halappanavar has yet received a copy of the Health Service Executive's report on the death of his wife? Will he tell us when the report will be made public? Will he update us on the progress made to date in dealing with legislation on the X case judgment? We are now in the 21st year waiting for appropriate legislation. In the light of the Taoiseach's pro-woman frame of mind, it would be helpful if he could give us a date for publication of the Halappanavar report, as well as a firm commitment and a date for when we will finally see legislation on the X case judgment.

The latter two questions are in order as they relate to promised legislation.

The insolvency guidelines will be published very shortly by the personal insolvency agency, but I cannot give an exact date.

The Minister for Health gave a commitment that the first copy of the report referred to by the Deputy would be given to the husband of the late Savita Halappanavar, which is right and proper.

I understand that will happen soon, either tomorrow or before the weekend, and that the publication will take place shortly afterwards. It is only right and proper that the husband of the late Savita should be given the first copy and that is what will happen.
Work has proceeded on the Government's programme in respect of legislating for the X case. Although I am not in a position to give Deputy McDonald a date of publication of the Bill I can report later on the progress being made by the Minister following the information hearings held by the Joint Committee on Health and Children on this matter. It is part of the progress and path that I have set out on how this should be dealt with in a sensitive, comprehensive and understanding fashion.

Not to mention lengthy.

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