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Dáil Éireann debate -
Wednesday, 17 Jul 2013

Vol. 812 No. 1

Order of Business

It is proposed to take No. 21, Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 - Committee and Remaining Stages; No. 13 - motion re statement for information for voters in respect of the Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013; No. 22 - Courts and Civil Law (Miscellaneous Provisions) Bill 2013 [Seanad] - Committee and Remaining Stages; No. 3 - Child and Family Agency Bill 2013 - Order for Second Stage and Second Stage, to adjourn at 7.30 p.m., if not previously concluded; and No. 13a - motion in accordance with Standing Order 102A(2)(a) - Lithuanian Presidency - to be taken on the conclusion of Private Members' business.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. and shall adjourn on the conclusion of No. 13a; there shall be no Topical Issues taken today; the Committee and Remaining Stages of No. 21 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after one hour by one question which shall be put from the Chair, and which shall, in relation to amendments, include only those set down or accepted by the Minister for Justice and Equality; No. 13 shall be taken on the conclusion of No. 21 and shall be decided without debate; the Committee and Remaining Stages of No. 22 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. by one question which shall be put from the Chair, and which shall, in relation to amendments, include only those set down or accepted by the Minister for Justice and Equality; in the event a division is in progress at the time fixed for taking Private Members’ business, which shall be No. 44 – Garda Síochána (Amendment) Bill 2013 – Second Stage (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; and the proceedings in relation to No. 13a shall be taken on the conclusion of Private Members' business and shall, if not previously concluded, be brought to a conclusion after 75 minutes and the following arrangements shall apply: the speech of a Minister or Minister of State, the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group and the Chair of the Joint Committee on European Affairs who shall be called upon in that order, and who may share their time, shall not exceed 10 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 speech in reply which shall not exceed five minutes.

There are six proposals to be put to the House. Is the proposal that the Dáil shall sit later than 9 p.m. and adjourn on the conclusion of No. 13a and that there shall be no Topical Issues agreed to? Agreed. Is the proposal for dealing with No. 21 agreed to? Agreed. Is the proposal for dealing with No. 13 agreed to? Agreed. Is the proposal for dealing with No. 22 agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed. Is the proposal for dealing with No. 13a agreed to? Agreed.

The Taoiseach may recall that a recent edition of the "Prime Time" programme contained some shocking revelations in respect of crèche facilities. There has been major concern and anxiety regarding the protection of children as a result of what was shown and questions are being asked as to whether the steps necessary to protect children are being taken. In that context, will the Taoiseach indicate when the Children First Bill will be published? He gave a commitment to the effect that it would be published this week and there were previous commitments to the effect that it would be published this term. I would appreciate it if he would indicate when the Bill will be published. This is an issue of great concern to many people and, in the final two days of this session, I would appreciate clarity as to the timeline relating to the Bill.

In the context of the Red Cross (Amendment) Bill, the programme for Government contains a commitment to initiate a detailed legal review of the basis, structures and governance of the Red Cross. Will the Taoiseach provide an update on the current status of this legislation?

The Red Cross (Amendment) Bill is scheduled to be published next year. As the Deputy will be aware, the purpose of the Children First Bill is to implement the programme for Government commitment relating to Children First. On 24 April 2012, the Government gave its approval in respect of publication and referral of the draft general scheme and heads of the Bill for consideration by the Joint Oireachtas Committee on Health and Children. The committee engaged in a wide-ranging process of consultation with organisations and individuals that work with children and provided an extensive report on 5 July 2012. By its nature, the legislation is both complex and difficult and significant policy, operational and legal issues have emerged on foot of the views expressed by the Oireachtas committee and the Department's further consideration of the draft general scheme and heads of the Bill. It is expected that the revised version of the latter will be sent to the Attorney General's office for its consideration shortly, with a view to the Minister receiving Government approval to commence drafting the legislation as soon as possible.

I had thought it might be possible to publish the Children First Bill this session. However, the range of views expressed by the Oireachtas committee as part of its comprehensive analysis of the heads of the Bill was far more extensive than people might have imagined. As already stated, the draft general scheme and heads of the Bill are being referred to the Attorney General's office for consideration and approval for drafting and publication of the legislation should then follow. I apologise for the fact that we are behind in terms of the timeline but, as indicated, this is as a result of the very broad range of important views expressed by the members of the Oireachtas committee. I will keep Deputy Martin updated on the position when the Attorney General gives her approval for the Government to proceed with drafting.

Tá dhá cheist agam maidir le reachtaíocht atá forógraithe. On the Government's commitment to legislate for the right of workers to engage in collective bargaining in order that we might be in compliance with the recent judgment handed down by the European Court of Human Rights, will the Taoiseach indicate both the status of the relevant Bill and when he expects it to be published?

The Government gave a clear commitment that it would provide free GP care for all citizens, commencing with claimants of free drugs under the long-term illness scheme, during its first year in office. Obviously, that deadline was missed. It appears that the commitment to which I refer was formally dropped in May. Will the Taoiseach provide an update on the progress that has been made on the Government's commitment to provide free GP care?

The Minister of State at the Department of Health, Deputy White, has done extensive work in respect of this issue. He informed me yesterday that he expects to bring his proposals before the Cabinet sub-committee in the next week or two. I will keep the Deputy informed of the position.

On the question of collective bargaining, I would refer the Deputy to the statement issued by the Minister for Jobs, Enterprise and Innovation when he spoke at the 102nd International Labour Conference in Geneva. He said: "It has been the consistent policy of successive Irish Governments to promote collective bargaining through the development of an institutional framework supportive of voluntary system of industrial relations". In the context of the programme for Government commitment, the Minister has written to all social dialogue participants in terms of reviewing collective bargaining against the backdrop of industrial relations legislation. Submissions have been received and discussions have been taking place between stakeholders' representatives and Department officials. The Minister expects to be in a position to conclude that consultation process shortly and to report to Government in the autumn on the outcome of that process and what proposals to improve the volunteerist system of industrial relations might be brought forward in 2013. He went on to say that he is happy that satisfactory arrangements can be put in place that will reconcile Ireland's constitutional, social and economic traditions and international obligations while at the same time ensuring the success in building Ireland's domestic jobs-base and in continuing to attract overseas investment into the country.

The bail laws in this country are based on court decisions and legislation from the 1960s and are clearly incapable of dealing with the threat of modern crime. The bail Bill has been promised for some considerable time. I ask the Taoiseach if it might be possible, clearly not in this session, but as a matter of urgency in the next session to bring it forward to facilitate dealing with serious modern crime as it presents today.

This is an issue the Deputy has raised on many occasions. I can confirm that a great deal of work has now been completed on the draft heads of that Bill. It has not come to Government yet for approval on the heads, following which it would go back to committee. I will keep the Deputy updated. He should keep asking the question.

The Deputy does not need any encouragement.

He will get it addressed eventually.

I also want to raise a matter related to the courts. I want to ask about the judicial council Bill because in recent weeks a High Court judge appointed a liquidator to a company, of which he is a director, and the liquidator was also a board member of that company. Many activities are going on in the courts that are unclear. We need good legislation in this area in order that we can discuss these issues and bring the courts into line as happens in other countries.

The judicial council Bill is due later this year.

On the strategic infrastructural Bill, many people might think that the fodder crisis is no longer an issue but, unfortunately, this country will face a dire situation next winter because of the fact that-----

Thank you, Deputy. We will find out about that legislation.

I want to know what the Government is going to put in place during the summer months-----

I do not think the Bill will deal with that one.

-----to help alleviate the problems our farming community will face. There is no doubt that there will be a fodder crisis this winter.

Thank you, Deputy. You should table a question on that matter. On the Order of Business we cannot deal with-----

I am raising this under the strategic infrastructure Bill.

The strategic infrastructure Bill.

What proactive plans has the Department in this respect?

I am not sure to which Bill the Deputy is referring.

The strategic infrastructure Bill.

We do not have that.

We do not have that Bill. I call Deputy O'Dea.

The Department of Agriculture, Food and the Marine and the Minister have put in place a scheme for incentives for a late crop of grass this summer, which is part of the process in dealing with a potential fodder crisis next spring. I assure the Deputy that we are aware of this.

The purpose of the defence (amendment) Bill is to amend the Defence Act of 2006 to specify certain preparatory activities associated with the despatch of personnel overseas. Is it a technical matter or will it involve some changes in the triple lock arrangement, or what is the Government's position on the triple lock arrangement?

When is the Bill due?

It is due later in the year. There is no intention of changing the triple lock arrangement.

I am pleased to hear that. What is the purpose of this Bill?

I will give the Deputy the details of what is involved in it.

The Taoiseach will write to me on it.

(Interruptions).

As as non-aligned Member of the Dáil, I would like to be associated with the tributes to the Secretary General and to the Clerk of the Dáil, Kieran Coughlan. His career in here was more or less coterminous with my own. I would like to thank him for all the support and great kindness and advice he gave to Members like myself, particularly at times when we sought his protection. There is another world outside this bubble of the Oireachtas, as the Ceann Comhairle well knows. I look forward to Kieran serving the nation in future years in other roles. I thank him again.

I wish to raise two matters with the Taoiseach. When will we have sight of the criminal justice (prevention of corruption) Bill? Does he envisage any major efforts will be made to resolve the Priory Hall situation over the summer?

There is no date for the prevention of corruption Bill. I cannot expedite the matter concerning Priory Hall that is before the court. The Deputy along with other Deputies has raised this matter and obviously it is matter of concern for us. I just hope it can be expedited. It is before the courts.

The Taoiseach could take a leading role and ensure that it is expedited

I am expressing an interest in seeing that it is brought to a conclusion as quickly as possible but I cannot interfere in the process, as the Deputy knows.

The Taoiseach could look into the process.

I was very unimpressed with the Taoiseach's very anaemic response in respect of the Magdalen laundries and the religious congregations.

Of course, I would not expect anything else from the Deputy.

I gather that the Taoiseach gathered that from my reaction.

We are not going back there now.

On a separate but perhaps related matter, can I ask the Taoiseach about the Bethany Home issue? He has been questioned on this matter consistently over the last number of months. He indicated, as recently as 25 June, that there would be a decision taken by Government within two weeks. He seem to have resiled from that commitment. I want to know what is going on. It is not a subject of amusement. The Taoiseach has the information in terms of what happened in the Bethany Home. As he knows, it was a mother and baby home.

Thank you, Deputy.

The victims and survivors are asking for answers. Everybody on the Fine Gael and Labour benches recognised, when in opposition, that the Bethany Home issue had to be addressed. I trust that is still the case now. What is the Taoiseach going to do? When is he going to tell us what it is that he is going to do?

Deputy, this is the Order of Business and I cannot allow a debate on this matter.

If the Deputy ever comes in here and even had two positive words to suggest I would be concerned because consistently she has an aura of disappointment and negativity about her that is astounding, to put it mildly.

In any event, Deputy McDonald asked what are we going to do about the issue she raised. We will make a decision on this at next week's Cabinet meeting.

Deputy McDonald probably reminds the Taoiseach of himself when he was on this side of the House.

Now, I always----

I call Deputy Joan Collins.

The Taoiseach was very negative back then.

Deputy Martin should remind himself occasionally of when he was on this side of House.

(Interruptions).

Is the Deputy's name Collins? Deputy Collins to proceed.

I wish to raise a matter concerning collective bargaining legislation and the point made by the Taoiseach regarding the programme for Government. Eight print workers are on unofficial strike across the road from this House because they feel the collective bargaining deal they made in 2007 has been broken.

To what legislation is the Deputy referring?

I cannot bring this onto the agenda of the Dáil because I cannot raise it as a Topical Issue matter. I would like the Taoiseach to say how he can intervene in this and bring it to the Labour Court or the Labour Relations Commission.

The Deputy cannot do that on the Order of Business. I call Deputy Dooley.

A Cheann Comhairle-----

I cannot allow that matter on the Order of Business, as there is no legislation involved.

Legislation has been promised for some time on the transfer of responsibility for diversity of media ownership, including mergers and acquisitions, from the Department of Jobs, Enterprise and Innovation to the Department of Communications, Energy and Natural Resources. Can the Taoiseach update us on the status of that? When he is doing so he might also tell us a little bit about the axis of disagreement that exists between himself and the Labour Party on the issue.

I answered a question on this matter recently. The Office of the Parliamentary Counsel provided revised drafts of the Bill relating to the amalgamation of the NCA and the Competition Authority on 28 June. It also sent a memorandum to the Department on a number of legal issues on 21 June. A response to most of the issues raised was sent back to the Parliamentary Counsel on 8 July. On the media and mergers provision, the Parliamentary Counsel raised a series of detailed questions on 25 June. These are being considered by the Department of Jobs, Enterprise and Innovation and the Department of Communications, Energy and Natural Resources. While the Bill is at a very advanced stage, publication will not happen before the Dáil rises for the summer recess and that is because of the very detailed nature of the questions which came back.

Is it likely that it will be published before the beginning of the next session?

I cannot answer that question. I would hope so. It was intended that this would be published before the House rises. The range of the-----

Is it a priority for the Government?

I know that.

I am asking whether it is a priority.

The Bill is at a very advanced stage. The specific and detailed questions that came back have to be answered.

Is it a priority?

Like Deputy Dooley, I would like to ask about the Government's priorities. The betting (amendment) Bill, which was supposed to be published in this term, will amend the Betting Act 1931. It is fair to say it has particularly profound implications for the horse and greyhound fund. It has the potential to relieve pressure on the Exchequer. What is the current status of the Bill? Will it be published?

The Bill was approved by the Cabinet last week. I expect it will be published this week.

I dtús báire, I would like to pay tribute to a follow Corkman, Kieran Coughlan. I wish him well in his retirement and thank him for his courtesy. I wish his influence on the last commission would have led to Bishopstown being divided in a more equitable manner, but we will leave that aside. I wish him well in his retirement. I would like to ask the Taoiseach about the education (admission to school) Bill. As the Taoiseach knows, school enrolments and admissions are causing huge discomfort to parents and pupils in some parts of the country. I welcome the Minister's initiative which is aimed at making the system more equitable. Can I ask when the Bill will be published?

The heads of the Bill were cleared on 2 July last. It is due for publication later in the year.

Go raibh maith agat.

I would also like to wish Kieran Coughlan the very best in his retirement. I thank him for his courtesy and professionalism. When will the Shannon aviation services centre Bill be published? It is critical that it is debated and enacted before the end of the year. A great deal of progress has been made in Shannon in the past year. Passenger numbers grew by 8% in June alone. This is the next step in the process. I would like to know the situation.

The Bill is due for publication and debate in the House later this year.

I would like to ask about local authority housing legislation. The Taoiseach and most Deputies in the House will be aware that many local authorities are finding it difficult to deal with tenants who engage in anti-social behaviour.

What Bill is the Deputy asking about?

An amendment to one of the Housing Acts is required. The Minister of State, Deputy Jan O'Sullivan, has indicated that she is working on the matter. When will legislation be introduced to deal with a problem that is being encountered in every local authority area? We need to support local authorities as they try to deal with it. We also need to help tenants who are victims of anti-social behaviour.

I am aware of what Deputy Griffin is talking about. We are committed to the introduction of two housing Bills. One of them will be introduced later in the year and the other will be introduced early next year. I hope the question raised by the Deputy can be dealt with between the two Bills.

I would like to ask about the Statute of Limitations (Amendment) Bill 2013, which was introduced in this House by my colleague, Deputy Ó Caoláin, to assist the survivors of symphysiotomy. This is really becoming a mess. It was supposed to go before the Committee on Justice, Defence and Equality in order that progress could be made, but it was delayed. I understand it is now intended to send it to the Committee on Health and Children. The logic behind sending a statute of limitations Bill to the Committee on Health and Children escapes me. I spoke to some of the representatives of these women yesterday. I urge the Minister to progress this legislation immediately when the House reconvenes after the recess. This matter should be dealt with once and for all.

This is one of a number of serious areas where nothing was done for a very long time. Officials in the Department of Justice and Equality and the Department of Health are discussing the best way to proceed with the Bill that was brought before the House. The Minister has given some personal time to the matter. We will see that it is advanced.

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