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Dáil Éireann debate -
Tuesday, 12 Nov 2013

Vol. 820 No. 3

Order of Business

It is proposed to take No. 8, motion re ministerial rota for parliamentary questions; No. 20, Finance (No. 2) Bill 2013 - Second Stage (resumed); and No. 21, Local Government Bill 2013 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. and shall adjourn on the adjournment of Private Members' business, which shall be No. 128 - access to credit and shall adjourn after 90 minutes; No. 8 shall be decided without debate; the resumed Second Stage of No. 20 shall, if not previously concluded, be brought to a conclusion at 7.30 p.m., and a Minister or Minister of State shall be called upon not later than 7.15 p.m. to make a speech in reply; and the following business shall be taken tomorrow after Oral Questions: Health (Alteration of Criteria for Eligibility) (No. 2) Bill 2013 - Order for Second Stage and Second Stage.

There are four proposals to be put to the House. Is the proposal that the Dáil shall sit later than 9 p.m. agreed to? Agreed. Is the proposal for dealing with No. 8 agreed to? Agreed. Is the proposal for dealing with No. 20 agreed to?

We will not push this to a vote but will the Tánaiste relax the guillotine? There may be Teachtaí Dála who want to speak on this Bill. If they do not turn up, then that is fair enough. It is such an important issue that everybody should be given the opportunity speak if he or she wishes.

Ten hours have been given to the debate on this already. My understanding is that the time allocated should be sufficient to complete it. The House knows we have to complete this legislation as it is part of the exit from the bailout body of legislation which needs to be completed.

Question, "That the proposal for dealing with No. 20 be agreed to", put and declared carried.

Is the proposal for dealing with the Health (Alteration of Criteria for Eligibility) (No. 2) Bill 2013 tomorrow agreed to? Agreed.

In the programme for Government, the Government promised to restore the Freedom of Information Act.

It said it would extend the remit of freedom of information "to other public bodies including the administrative side of the Garda Síochána [and] all bodies significantly funded from the public purse". The Bill that is currently being considered on Committee Stage does not extend the remit of the freedom of information regime to include the Garda, nor does it include the National Treasury Management Agency, the National Asset Management Agency or the newly formed Irish Water company. Instead, it increases the fees so that it will cost more to get information from the limited areas covered by freedom of information. I am reminded of what the Tánaiste's colleague, the Minister, Deputy Rabbitte, said about freedom of information when he was in opposition. He stated:

Freedom of information is not a service, it is a civil and political right. It is a democratic instrument through which citizens exercise their right to hold the Government to account. Charging an up-front fee for freedom of information requests is like charging an up-front fee to vote in a general election.

The Government seems to be ignoring what the Minister, Deputy Rabbitte, said. It is breaking yet another promise it made to the people. I ask the Tánaiste to resile from that position, to rectify the situation by including in this system the agencies of State that are benefitting from the public purse and to ensure prohibitive costs are not applied.

I remind Deputy Ó Fearghaíl that it was the parties on this side of the House that first introduced the freedom of information legislation in 1997.

His party filleted that legislation in 2003.

It was filleted.

We are restoring the Freedom of Information Act to which the Deputy's party did so much damage. Approximately 70% of freedom of information requests are made by members of the public who are seeking information on their own files, etc. No charge at all applies to such requests. The amendment mentioned by the Deputy relates to cases in which multiple applications are made in the same letter. It costs approximately €600, on average, to respond to a freedom of information request. That is taxpayers' money. I do not think it is unreasonable for the Minister, Deputy Howlin, to propose an amendment to deal with an anomaly or loophole that facilitates those who try to make several unrelated freedom of information requests in the same letter or application. As we consider the Freedom of Information Acts, we must strike a balance between the right to information and the considerable cost to the taxpayer of responding to freedom of information requests. Essentially, we are restoring the position that existed before the Deputy's party pulled apart the freedom of information system.

The Government is doing the direct opposite of what the Minister, Deputy Rabbitte, said it would do.

The Deputy's party neutered it.

In the context of the proposed Central Bank (consolidation) Bill, does the Tánaiste believe new banking legislation is needed in light of the appointment of a bank to run Newbridge credit union? If such a change is not needed, will the Tánaiste give an assurance that the State will work with the credit union movement if other problems arise to find a credit union-based solution?

The Central Bank (consolidation) Bill, which will consolidate the body of legislation relating to the Central Bank into a single statute - this is desirable given the amount of banking legislation we have had in recent years - is to be published next year. Action has been taken in relation to Newbridge credit union under the existing legislation.

In the context of the EirGrid Bill, I would like to ask about the situation-----

To what Bill does the Deputy refer?

I am referring to the promised legislation with regard to EirGrid.

What EirGrid Bill?

I was concerned to read today that a former chairman of An Bord Pleanála, who retired in 2011, has been appointed as the chief executive of EirGrid.

Sorry, hold it a second. What EirGrid Bill are we talking about?

There is no EirGrid Bill.

There is a Bill promised. I am after reading the book of proposed legislation. The Chief Whip should go back and read it.

We are not talking about who has been appointed to what.

I am saying I am very concerned.

We are talking about promised legislation.

I am asking when the EirGrid Bill will be published.

Thank you. That is grand.

They need to be reined in because a former chairman of An Bord Pleanála has been appointed as the boss of EirGrid.

Please do not be-----

I have not mentioned a name.

That is insinuating something.

This is farcical, a Cheann Comhairle.

It is not proper to do a thing like that.

No, this is-----

You are insinuating something. Please do not do that.

I am insinuating that a former chairman of An Bord Pleanála-----

The public out there will have to ask-----

Will you sit down, or I will not call you again?

People have to go to An Bord Pleanála to save themselves.

Sit down, will you?

Now its former chairman has been-----

It is disgraceful.

Cut it out now please.

If the Chief Whip checks, he will find that this legislation is on the Order Paper.

Hold on a second please. The Deputy will not make insinuations like that as long as I am in the Chair. People's reputations are going to be protected in this House.

It is a charade.

Make your insinuations outside the House and take the consequences.

The initial preparatory work on the EirGrid Bill, which will establish EirGrid in primary legislation, is under way. The Bill will be published next year.

I thank the Tánaiste.

I call Deputy Healy-Rae about promised legislation. No speeches, please. Thank you.

I am being attacked before I start.

No, you are not being attacked. I am just reminding you of what it is.

Thank you very much, a Cheann Comhairle.

I do not want to see what happens every day.

In the context of the Central Bank (consolidation) Bill, the Tánaiste will be aware of the serious situation with regard to a company that was exporting cattle but has now gone into receivership.

That is grand.

It was buying cattle at marts locally.

Thanks, Deputy. Sit down, will you?

I am just explaining so that the Tánaiste will understand what I am speaking about.

Not on the Order of Business.

What can be done to protect marts-----

The Deputy can table a parliamentary question.

-----and to protect farmers who have-----

Will you resume your seat, please?

I gave an answer with regard to the Central Bank (consolidation) Bill in response to Deputy Adams. It is to be published next year.

Does the Tánaiste have a comment to make on the protection of marts and farmers?

Sorry, what?

No, no. Please do not jump to the bait.

I think the other Minister knows what I am talking about.

I would like to raise two matters of legislation or possible legislation. Many citizens regard the Supreme Court decision on the Lissadell House rights of way issue as deplorable. It seems to set a very high standard in relation to-----

About what Bill is the Deputy talking?

The Tánaiste used to have an interest in the maintenance-----

No, no. This is the Order of Business.

I am just asking-----

I need the co-operation of Deputies.

I want to ask him, in response-----

We have a postponed vote coming up.

-----to that judgment, whether the Government might examine and revisit the issue of access.

Is there promised legislation?

I am thinking, obviously, of rights of way in my own constituency in places like Howth.

Sorry, Deputy.

Second, I would like to ask about the housing Bill. The Tánaiste reported to the House the other day that approximately 4,500 houses will be developed next year. There are 5,000 people on the waiting list in my own constituency, Dublin Bay North. That is just one of 41 constituencies. As the Tánaiste knows, we have a dire situation in the Dublin City Council area, in particular.

Thank you, Deputy.

People have been on the housing list since 1994 or 1998. I accept that is well before the Tánaiste's time.

Deputy, please.

Can urgent support be given to the four Dublin local authorities, in particular-----

Would you please resume your seat?

-----to help them deal with the current housing situation?

I call the Tánaiste on the housing Bill only.

Other Deputies are aware of this too.

I ask Deputies to read the Standing Orders and to understand what is allowable on the Order of Business and what is not. I do not want to be cutting people off every day. It is quite clear that in the case of promised legislation, Deputies can ask when it will be published.

The housing (miscellaneous provisions) Bill is due to be published next year.

What about my first question?

It was out of order.

All morning, I have been dealing with people and families-----

That is grand.

-----who are on rent supplement-----

I am delighted to hear you were working all morning.

-----and have been served with notices-----

Will the Deputy ask about a Bill?

-----by landlords looking to increase rents. There has been a 7.8% increase in private rents.

Deputy, you were not listening to me.

I am talking about the housing Bill. I am coming to it.

The Tánaiste has just given an answer on the housing Bill.

The Minister for Social Protection-----

Sorry, Deputy, would you resume your seat? An answer has been given on the housing Bill.

-----plans to transfer responsibility for rent supplement to the local authorities.

No, no, Deputy-----

That is coming under the housing Bill. We need an urgent debate on this. Families are being served notice left, right and centre.

Deputy, will you please resume your seat?

I have been dealing with them all morning. The situation is getting worse.

I am on my feet.

Landlords are throwing people out on the streets for the sake of €50 or €100.

I am on my feet. Would you please resume you seat?

I think we urgently need a debate on this matter in this House.

Resume your seat. Thank you. You got your answer about the housing Bill.

I did not get an answer.

I did not get an answer to my question about what the Government is going to do about it.

Can the Tánaiste remind the Deputy when it is being published?

The housing (miscellaneous provisions) Bill, which will strengthen the regulatory framework for social housing and provide for the statutory underpinning of the new scheme of housing assistance payments and various other matters, will be published next year.

In light of yesterday's Lissadell judgment, will the Government consider-----

We have dealt with that.

This relates to legislation.

Yes, but it is not promised legislation.

Will the Government consider looking at the Bill I brought to the floor of the House before the summer recess? There are serious questions on access.

This is a Private Members' Bill.

It is. Deputy Dowds has taken a very strong interest in this issue for quite some time and well before the judgment in the Lissadell case, on which I commend him. The Government is considering the issue and is considering the Deputy's Bill. I understand it is being dealt with by the committee.

When can we expect the publication of the regulation of vehicle immobilisation Bill, to regulate vehicle clamping and tow away?

The heads of the regulation of vehicle immobilisation Bill, to regulate vehicle clamping and tow away have been approved by the Government and it is expected to be published in the middle of next year.

What is the status of the Spent Convictions Bill?

I understand the Bill is awaiting Report Stage.

Does the Government plan to introduce an amendment to the Social Welfare and Pensions Bill to give legislative underpinning to the European youth guarantee?

The point Deputy Mattie McGrath raised about the EirGrid Bill is important and should be considered not in terms of the individual but of the conflict of two roles.

No legislation is required to deal with the European youth guarantee and it can be dealt with under existing legislation. If legislation arises, it will be prepared and put before the House.

When is the EirGrid Bill?

The EirGrid Bill is due next year.

Will the Government consider creating a framework of appraisal or review of the financial sector within the Central Bank (consolidation) Bill to evaluate and assess on a quarterly basis the percentage in value and the percentage in various maturity dates-----

Sorry, Deputy-----

There is a danger here that the credit union-----

The content of the Bill can be discussed when it comes to the House. We are not talking about what should or should not be in the Bill.

There must be a purpose to a Bill.

The purpose of the Bill is to consolidate the financial sector-----

-----under the Central Bank. Unless there is an objective in creating this legislation, which is to-----

We cannot discuss the content of a Bill at this point.

I am talking about just a broad overview framework.

That is fine, but the Deputy cannot do it on the Order of Business. That is what I am trying to explain to the Deputy. We do not do that on the Order of Business. We have the Topical Issue debate, parliamentary questions and committee work.

My question is-----

What is the question?

-----whether it will address all these concerns.

That is not a matter for the Tánaiste at this stage. When is the Bill due?

The Central Bank (consolidation) Bill is consolidating the legislation that is enacted. It is to pull it all together into a single piece-----

My question-----

-----of legislation in order that the public can get a better understanding of it.

When is it due?

The work on the consolidation exercise is proceeding and it will be published next year.

The Deputy has ample time to raise the matter in the Topical Issue debate or parliamentary questions in order that it can be considered before the Bill is published. Alternatively, he can raise it at the committee, but not on the Order of Business.

Our monuments represent the glue that holds communities together and give places a sense of identity. When will we have the monuments Bill?

The monuments Bill.

Many people were quite annoyed.

Visitors to our country during the year of The Gathering were disappointed at the state of our monuments.

We will talk about that when the Bill comes in.

The monuments Bill, which is to consolidate, update and improve the legislative code governing the protection and regulation of the national archaeological heritage, is due for publication late next year.

When is the National Treasury Management Agency (amendment) Bill likely to be before the House?

We expect to have the Bill before the House during this session.

There is precedence for a Minister to engage with a receiver. As we know, TLT in Mullingar has many outstanding debts to farmers and marts. When will we see the credit guarantee (amendment) Bill? I understand enough money is due to the company to meet those liabilities.

I do not have a date for the publication of that Bill.

Can the Tánaiste have a word with the Minister for Agriculture, Food and Marine?

I will try to get a reply for the Deputy.

Perhaps the Deputy could table a parliamentary question.

The TLT issue is a huge issue coming up to Christmas for many people who are owed money.

I will ask for a reply. I think it is a Department of Jobs, Enterprise and Innovation Bill. I will ask the Minister to reply directly to the Deputy.

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