Dáil Éireann debate -
Thursday, 21 Nov 2013

Vol. 822 No. 1

Order of Business

The Tánaiste

It is proposed to take No. 12, motion re proposed approval of the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2012, back from committee; No. 12a, Supplementary Estimate for Public Services, Votes 20 and 24, back from committee; No. 12b, Finance (No. 2) Bill 2013, Financial Resolutions; No. 12c, Finance (No. 2) Bill 2013 – allocation of time motion for select sub-committee; No. 22, Child and Family Agency Bill 2013 - Order for Report, Report and Final Stages, to adjourn at 4.40 p.m. if not previously concluded; and No. 4, Health Insurance (Amendment) Bill 2013 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 5.30 p.m. today and business shall be adjourned on the conclusion of Topical Issues; Nos. 12, 12a, 12b and 12c shall be decided without debate; in the case of No. 12a, Votes 20 and 24 shall be moved together and decided by one question that shall be put from the Chair, and any division demanded thereon shall be taken forthwith; and in the case of No. 12b, the Financial Resolutions, Nos. 1 to 27 shall be moved together and decided by one question which shall be put from the Chair; and any division demanded on the resumed Second Stage of No. 4 shall be taken immediately after the Order of Business on Tuesday, 26 November 2013, and the proceedings thereon shall, if not previously concluded, adjourn at 8 p.m. tonight; and the order shall resume thereafter with Topical Issues. Tomorrow's fortnightly Friday business shall be the Local Government (Town Centres) Bill 2013, Second Stage, and the Road Traffic Bill 2013, Second Stage.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal for the late sitting agreed? Agreed. Is the second proposal agreed? Agreed. Is the third proposal agreed?

Deputy Sean Fleming

The third proposal is to introduce the Health Insurance (Amendment) Bill 2013, which is to be considered until approximately 8 p.m. It is proposed that any division demanded on the resumed Second Stage of No. 4 shall be taken immediately after the Order of Business on Tuesday, 26 November 2013. I question the practice of introducing serious legislation on a Thursday while making it convenient for Members not to be present. If we are introducing serious legislation such as that to be considered - I will not discuss the content - and a vote is necessary, we should not postpone that vote for four or five days to suit Government Members who choose to be present the following Tuesday. Although they want legislation to be discussed in the House tonight, they do not want to be present to vote on it if there is a division. We are downgrading the Dáil and demeaning the debate tonight. If legislation is to be voted on in the future, I ask that the Chamber vote on it at the end of the debate rather than five days later.

Deputy Pádraig Mac Lochlainn

To clarify, is the Ceann Comhairle to put the question on 12b in a moment?

An Ceann Comhairle

I will be putting that separately.

The Tánaiste

There is no guillotine on the Health Insurance (Amendment) Bill 2013. It is to be considered this evening. I cannot anticipate how the House will respond to it or whether somebody will call a vote. There is nothing unusual about the arrangement. The House is entitled to make arrangements as to when votes will be held. Some parliaments take all votes on all business at a set time each week. We cannot anticipate the debate or whether there will be a demand for a vote. We are just specifying a time for a vote if there is a call for one.

Question, "That the proposal for dealing with divisions demanded on No. 4 be agreed to", put and declared carried.

Deputy Sean Fleming

With regard to the restorative justice Bill and given the comments yesterday of the Attorney General for Northern Ireland, Mr. John Larkin, can the Tánaiste commit today that there will not be any legislation introduced in the Oireachtas to prevent families of those people killed in the North from having the opportunity to secure justice? The Tánaiste will be aware that UK Prime Minister David Cameron said yesterday that he gave a commitment on this matter in the House of Commons. I ask the Tánaiste to do the same today. We all know there can be no price put on justice. The idea of a cost-saving measure worth up to €190 million is particularly callous. I want the commitment.

The second Bill I wish to refer to is the Official Secrets Act (amendment) Bill. There is a commitment in the programme for Government to retain a criminal sanction for breaches that involve a serious threat to the State.

I ask the Tánaiste to tell us when that legislation will be introduced and whether it can deal with restorative justice.

The Tánaiste

The Government has no plans to introduce legislation that would prevent victims or their families from seeking justice arising from the Troubles in Northern Ireland. There is an agreement on these matters. There is an agreement on pre-1998 offences, which is part of the Good Friday Agreement. It provides for prosecution, conviction and for reduced sentences. We have no plans to depart from that. The whole issue of dealing with the past and the issues that arise from it is now the subject of an all-party discussion in Northern Ireland chaired by Dr. Richard Haass and we support that process.

I do not have a date for the introduction of the official secrets (amendment) Bill.

Deputy Pádraig Mac Lochlainn

The Minister for Agriculture, Food and the Marine, Deputy Coveney has advocated, as part of his Food Harvest 2020 plans, the development of the aquaculture industry in Ireland. However, there is a difficulty at present with the licence application process, which is not time limited. This means that those objecting and the companies seeking to develop their industry do not know where they stand. I ask the Tánaiste to clarify whether the Government has any plans to amend legislation to deal with the fact that the licensing process is not time-limited and there is no deadline for the processing of applications.

The Tánaiste is aware that in recent years concern has been expressed, at times, about decisions of the Judiciary, particularly with regard to sex attacks and child pornography. The Government has expressed an interest in the development of a sentencing council, similar to what is in place in England and Wales, with clear sentencing guidelines for the Judiciary. Does the Government have any plans to introduce legislation in this area?

The Tánaiste

To my knowledge, there is no legislation promised in the area of aquaculture licensing. I suggest that Deputy Mac Lochlainn takes that issue up with the Minister for Agriculture, Food and the Marine.

The judicial council Bill is expected in mid 2014.

Deputy John O'Mahony

My question relates to the public health (alcohol) Bill and I welcome the proposals recently announced by the Government in this area. Can the Tánaiste update the House on the timetable for dealing with issues like minimum pricing and tell us when the aforementioned Bill will be before the House?

The Tánaiste

The Minister of State at the Department of Health, Deputy White, brought proposals to Government recently in this area. The issue is being worked upon but I do not have a date for publication of the legislation as yet.

Deputy Bernard J. Durkan

The Companies Bill 2012 is already on its way through the House. Given that its passage will facilitate the introduction of the companies (amendment) Bill, when is it expected that the passage of the former Bill will conclude in order to facilitate the approval of the heads of the Companies (miscellaneous provisions) Bill?

The Tánaiste

There are now two Companies Bills. The first is the large, comprehensive one, the Report Stage debate on which is due to take place in the new year. The second is the Bill dealing with what is known as "examinership light". That Bill will be moved in the House next week.

Deputy Marcella Corcoran Kennedy

Today is UN day against domestic, sexual and gender-based violence making this an opportune time to ask when the heads of the criminal law (sexual offences) Bill will be approved by the Government. We are making very good strides in other areas of criminality but this is one which needs more attention.

The Tánaiste

I thank the Deputy for raising this matter today. Work is being done in the Department on the legislation and it will be brought forward as quickly as possible.

Deputy Brian Walsh

When does the Tánaiste expect the introduction of the housing Bill? Many local authority tenants across the country are interested in the provisions of that Bill which would facilitate the purchase of their homes from the local authorities.

The Tánaiste

We are expecting to have the heads of that Bill before Government before the end of the year, with publication due in the new year.

Deputy Michael Healy-Rae

My question relates to the criminal justice (miscellaneous provisions) Bill. Gardaí are being told that allowances and overtime earned now will not be paid until January 2014. This is totally unacceptable.

An Ceann Comhairle

When is that Bill due?

The Tánaiste

The criminal justice (miscellaneous provisions) Bill is expected in the middle of next year.

Deputy Thomas P. Broughan

The Taoiseach has told me several times that the Pyrite Levy Bill is being withdrawn but it is still on the clár. If it is being withdrawn, on the advice of the Attorney General as I understand it, how will the construction industry and the quarry industry be held to account by the Government? Is it the Government's intention to withdraw the Bill?

I support what Deputy Walsh said earlier about housing. The rental accommodation scheme has all but collapsed, with many landlords refusing to accept rent supplement. In my constituency there are approximately 5,000 families on the housing waiting list. To go back to the Tánaiste's previously expressed policies, is the Government considering embarking on a major and significant social housing programme? Some of the Deputies behind the Tánaiste and next to me would strongly support a vibrant social housing programme to address the huge problems we have, with 100,000 families on the housing waiting lists.

The Tánaiste

Regarding the pyrite resolution Bill, the funding mechanism for dealing with the issue has been changed. The Bill is expected to be published this session.

Deputy Thomas P. Broughan

It is a different Bill.

The Tánaiste

That is because the funding arrangement is being changed. The Bill will provide for the establishment of the pyrite resolution board and the operation of a pyrite remediation scheme. As I said, it will be published in this session and Deputy Broughan will have the opportunity to deal with it then.

On the housing issue, in this year's budget, the Government has renewed a social housing programme but Deputy Broughan opposed it.

Deputy Thomas P. Broughan

It is only a drop in the ocean.

Deputy Anthony Lawlor

My question relates to EU legislation and in particular the EU cross-border health care directive which should have been transposed into Irish law by 25 October 2013. The directive provides that an individual who is on an excessively long waiting list can go abroad for medical treatment, with any difference in cost to be borne by the individual's own State. When will that legislation be transposed?

The Tánaiste

My understanding is that it is to be transposed by secondary legislation and I do not have a brief on that here. I only have the briefs on primary legislation and suggest that Deputy Lawlor raises the matter with the Minister for Health.

Deputy James Bannon

Our gardaí need extra resources and investment to enable them to cut off the supply of drugs at source. Additional gardaí, scanners and other equipment are badly needed.

An Ceann Comhairle

To which Bill is the Deputy referring?

Deputy James Bannon

Indeed, some would argue that criminals are better equipped than gardaí at the moment. In that context, when will the criminal justice (proceeds of crime) Bill come before the House, under which money from the proceeds of crime is to be reinvested in Garda infrastructure?

The Tánaiste

I do not have a date for that legislation. However, I congratulate the Garda on its success this morning. It was a rapid and efficient response. I remind the Deputy that the House will be asked to vote on a Supplementary Estimate in the amount of €51 million in a few minutes.