Dáil Éireann debate -
Thursday, 28 Mar 2013

Vol. 798 No. 2

Order of Business

The Tánaiste

It is proposed to take No. 13, motion re proposed approval by Dáil Éireann of a regulation of the European Parliament and of the Council amending Council Regulation (EC) No. 1346/2000 on insolvency proceedings, back from committee; No. 14, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the agreement between the European Community and the Republic of South Africa and the framework agreements between the European Union and the Republic of Korea and the Republic of Indonesia; No. 15, motion re referral to joint committee of proposed approval by Dáil Éireann of the sectoral plan, in accordance with section 31(6) of the Disability Act 2005; No. 30, Animal Health and Welfare Bill 2012 [Seanad] - Report and Final Stages(resumed); No. 32, statements on CAP reform (resumed); and No. 3, Credit Reporting Bill 2012 - Order for Second Stage and Second Stage, to be taken not later than 1.30 p.m. and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 13, 14 and 15 shall be decided without debate and the Dáil on its rising today shall adjourn until 2 p.m. on Tuesday, 16 April 2013.

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with Nos. 13, 14 and 15 without debate agreed to? Agreed. Is the proposal that the Dáil on its rising today shall adjourn until 2 p.m. on Tuesday, 16 April 2013 agreed to? Agreed.

Deputy Éamon Ó Cuív

As we are now at the end of term, will the Tánaiste tell us how many of the 30 Bills that were on the A list have been published and how many are expected to be published before the new session begins? I understand that the start of the new session is technically the end of this session. Will he confirm that once again the A list Bills are not being published as promised?

The Tánaiste

The following Bills have been published so far this session: the Child Care (Amendment) Bill 2013; the Further Education and Training Authority Bill 2013, known as the SOLAS Bill; the Motor Vehicle (Duties and Licences) Bill 2013; the Finance Bill 2013; the Health (Alteration of Criteria for Eligibility) Bill 2013; the Courts Bill 2013; and the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2013. A further Bill was approved by Cabinet this week, the Non-use of Motor Vehicles Bill. Two further Bills not on the A list of the spring legislative session were also published, namely, the Irish Bank Resolution Corporation Bill 2013 and the Finance (Local Property Tax) (Amendment) Bill 2013. The other Bills on the list are at an advanced stage and I can provide the Deputy with a response in respect of any one of them if he wants to know the position on it.

Deputy Éamon Ó Cuív

There were 30 Bills on the A list and a quick count of those mentioned by the Tánaiste comes to ten, representing just 33% of the promised legislation. Will the Tánaiste confirm that is the case?

The Tánaiste

Yes, but the session is not over. This is a short session and it is not yet complete. I have given the Deputy the list of the Bills that have been published and other Bills are at an advanced stage. If the Deputy wishes, I am in a position to respond in respect of any of those Bills and when it is likely to be published.

Deputy Mary Lou McDonald

In the next session, Mr. Justice Quirke will come back with proposals for a redress scheme in respect of the women of the Magdalen laundries. The Tánaiste is aware that when these matters were debated in the Dáil, the Government gave a commitment to consider the case of the Bethany Home and its inclusion in the redress scheme or in some manner of redress for its survivors. State inspections of this home, under the Registration of Maternity Homes Act 1934, recorded horrendous abuse and neglect of children in the home. The Tánaiste is aware there are unmarked graves of over 200 children from this home in Mount Jerome Cemetery in Harold's Cross in Dublin. We cannot continue to ignore this group of survivors or to exclude them from redress. What is the Government's determination on this matter and what will be brought forward to remedy the situation?

The Tánaiste

There is no promised legislation on this, but the Government has been very clear that it is not ignoring and has not ignored the needs of people. In the case of the Magdalens, we published the report and responded to it. The Quirke process is now in place and we await its completion. An undertaking was given to look at the situation in regard to the Bethany Home and that is being done.

Deputy Mattie McGrath

With regard to the response given by the Tánaiste during Leaders' Questions to my question on the Personal Insolvency Bill, will he clarify whether the Garda Síochána will be covered under that Bill as he seemed to indicate? With regard to the local government reform Bill, there are significant issues, certainly in Tipperary, with regard to Civil Defence and its role and activities under the umbrella of local government reform and the amalgamation of the county. I also have a concern with regard to the valuation (amendment) -----

An Ceann Comhairle

Is the Deputy inquiring about the publication of the local government reform Bill?

Deputy Mattie McGrath

I am asking about the legislation. Can the Tánaiste clarify whether the Bill will deal with the issues mentioned?

An Ceann Comhairle

We do not deal with the content of a Bill on the Order of Business.

Deputy Mattie McGrath

The Bill is published, but when will it be enacted? I also have concerns with regard to the Valuation (Amendment) (No. 2) Bill 2012. Valuations must be adjusted. We have seen a court case recently in Dublin on this, but all over the country valuations are ridiculously high and ratepayers are being forced out of business.

The Tánaiste

The Valuation (Amendment) (No. 2) Bill is currently on Committee Stage in the Seanad and when it comes to this House, the Deputy will have an opportunity to air the issues he has raised. The local government reform Bill will be published later this year.

Deputy Bernard J. Durkan

When is the sale of alcohol Bill likely to come before the House? Have the heads been approved yet by Cabinet and will it be in the House in the next session? I have a similar question with regard to the cyber crime Bill, which is of considerable importance in its own right and for the ratification of the Council of Europe convention on cyber crime. When will it come before the House for its second reading? Have the heads been approved and, if not, when is that likely to happen?

The Tánaiste

The sale of alcohol Bill is expected later this year. The heads of the cyber crime Bill have been approved, but I am not in a position today to give a date for the publication of the Bill.

Deputy Peter Fitzpatrick

When does the Tánaiste expect the education (admission to school) Bill which will ensure the process of enrolment in schools will be more open, equitable and consistent to be published?

The Tánaiste

The heads of the Bill are being drafted. It is expected to be published later in the year.

Deputy Charlie McConalogue

The Tánaiste has indicated that he plans to legislate for the Croke Park II agreement, regardless of whether it is approved by the unions. When does he expect to receive an answer from them on the agreement? When will legislation be introduced on foot of that decision?

The Tánaiste

As I said, we have to await the outcome of the ballot on the Croke Park II agreement, which is still under way. If the agreement is accepted, there will be a need to legislate to give effect to some of its provisions.

Deputy Barry Cowen

When?

Deputy Robert Troy

Legislation to establish a new child and family support agency was promised before Christmas, but that did not happen. It was then promised for this term, but it has not yet been published. We were also promised that the Children First legislation would be published in this term, but that has not happened. The development of an independent review mechanism on foot of the child death report was promised in September last year, but that has not happened. Will the Tánaiste explain the delay in the introduction of such critical legislation by the Department of Children and Youth Affairs?

The Tánaiste

The child and family support agency Bill is under discussion in the Department of Children and Youth Affairs and the Office of the Attorney General. Some issues are still outstanding. It is expected that the Bill will be published in the next session.

Deputy Robert Troy

It was promised for this session.

The Tánaiste

There is ongoing consideration of the views of the Oireachtas committee on the significant policy, operational and legal issues that arise in the context of the proposed Children First legislation. It is expected that the Bill will be introduced in the next session.

Deputy Robert Troy

It was also promised for this session. I also asked about the independent review of the child death report.

The Tánaiste

There is no legislation arising from it.

Deputy Michael Healy-Rae

While I appreciate the merit of yesterday's announcement by the Minister for Agriculture, Food and the Marine that every dog in the country will have to be microchipped, it will place another financial burden on farmers who need dogs to carry out their day-to-day work. Will some allowance be made in the Animal Health and Welfare Bill 2012 to ease the financial burden this measure will impose on farmers who are already struggling?

An Ceann Comhairle

The Bill in question is going through the Dáil.

Deputy Michael Healy-Rae

Yes.

An Ceann Comhairle

It will be considered on Report Stage today. I am sure the Deputy has had a chance to raise the matter during the debate.

Deputy Joan Collins

The Tánaiste said this morning that we had to respect the process of the vote on the Croke Park II agreement. Will he respect the members of the Teachers Union of Ireland, over 80% of whom voted against the deal in recent days?

An Ceann Comhairle

We are not going there.

Deputy Joan Collins

Does the Tánaiste intend to introduce legislation to deal with the matter? If so, when will it be introduced? I would like to mention another important matter. Gardaí are not supposed to have any debts because of the implications this would have.

An Ceann Comhairle

We are not discussing these issues on the Order of Business.

Deputy Joan Collins

Is legislation to be introduced to allow gardaí to go through the personal insolvency process?

An Ceann Comhairle

I repeat that the Order of Business is about promised legislation.

Deputy Mattie McGrath

The Tánaiste did not answer my question on this issue.

An Ceann Comhairle

We are not debating these issues.

Deputy Simon Coveney

There is no promised legislation.

An Ceann Comhairle

There is no issue that involves promised legislation.

Deputy Patrick Nulty

The House recently passed the Water Services Bill 2013 as a prelude to the imposition of water charges. Can the Tánaiste state whether a water services (No. 2) Bill will be published before the end of the year? Have the heads of that Bill been agreed to? Can he tell the House when the Bill is likely to be published?

The Tánaiste

The heads of a water services (No. 2) Bill have not yet been agreed to.

Deputy Seán Ó Fearghaíl

The Government gave a commitment in the programme for Government to do something about the plight of the 32 survivors of thalidomide, particularly to look after their growing health and social care needs. Members who met representatives of the survivors in Leinster House during the week have reported that far from taking action or engaging with the survivors on their growing social and health care needs, the Minister for Health has left them in a position where they believe their existing support structure is no longer guaranteed. Will the Tánaiste indicate when the Government intends to introduce some proposals in this regard?

An Ceann Comhairle

Is there promised legislation in this area?

The Tánaiste

While no legislation is promised, the commitment in the programme for Government will be fully honoured.

Deputy Thomas P. Broughan

What is the current position on the workplace relations Bill and the employment permits Bill? At what stage are those two Bills? Is there anything the Tánaiste can do to help the excellent staff in Beaumont Hospital, given that approximately 45 patients were on chairs one night last week for the entire night or most of it?

An Ceann Comhairle

I think we-----

Deputy Thomas P. Broughan

The Tánaiste has been in government for two years.

An Ceann Comhairle

We can deal with the promised legislation, but we cannot deal with this issue.

Deputy Thomas P. Broughan

Patients and staff are trying to operate in incredible conditions. Is the Tánaiste making any input into the work of the Department of Health?

An Ceann Comhairle

If the Deputy tries to raise this matter as a Topical Issue, I will give him an opportunity to speak on it.

Deputy Thomas P. Broughan

I will be unable to do so for a few weeks. The Tánaiste might like to respond now while he is here.

An Ceann Comhairle

We cannot do it on the Order of Business.

Deputy Thomas P. Broughan

It is important for the Tánaiste to comment on how he might bring additional resources to Beaumont Hospital, one of the premier hospitals in Dublin, and assist patients rather than leaving them on chairs for 30 or 40 hours.

An Ceann Comhairle

I appreciate that this is a very important issue, but it is not appropriate to raise it on the Order of Business.

The Tánaiste

The workplace relations Bill is progressing. It is a large piece of legislation which is expected to be published in the next session. We are two years into the life of the Government, as Deputy Thomas P. Broughan said, and this is the first occasion on which he has raised the issue of Beaumont Hospital with me. However, his colleague, Deputy Seán Kenny, has raised it with me. The matter is being dealt with.

Deputy Thomas P. Broughan

I raise it all the time. I have raised it with the Minister.

Deputy Robert Troy

That is a low one.

Deputy Thomas P. Broughan

I raised it with our Ministers of State when we had two of them.

Deputy Robert Troy

The Labour Party still has two Ministers of State. It is just that they have changed.

Deputy Thomas P. Broughan

I am talking about when we had two female Ministers of State.

Deputy Barry Cowen

Will the Deputy elaborate on what he means by "we"?

Deputy Brendan Ryan

As a formal acknowledgement of the important role of the Irish labour movement in the struggle for independence and the creation of the modern Irish state and in remembrance of those who suffered and died in the 1913 lock-out as they fought for workers' rights, does the Government intend to formally remember the events of Bloody Sunday on 31 August?

An Ceann Comhairle

I think the Deputy knows that is not strictly in order on the Order of Business. I suggest the matter could be dealt with by means of a parliamentary question.

The Tánaiste

I will give a short answer. It is the Government's intention to mark the event. We have had discussions with the Irish Congress of Trade Unions about it.

Deputy Dara Calleary

Will the Tánaiste confirm that legislation relating to the unified patent court will be published in the next session? Does the Government still intend to proceed with a referendum on the issue in the autumn?

The Tánaiste

I cannot give the Deputy a fix on when the legislation on the patent court will be introduced. I understand the legislative committee is meeting today and that this is one of the issues being considered.

Deputy Dara Calleary

Is the referendum still going ahead?

The Tánaiste

My understanding is that a referendum will probably be required. Obviously, that is something to which we will return.