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Dáil Éireann debate -
Thursday, 19 Jun 2014

Vol. 844 No. 3

Order of Business

It is proposed to take No. 2, Industrial Development (Forfás Dissolution) Bill 2013 - amendments from the Seanad (resumed); No. 23, Housing (Miscellaneous Provisions) Bill 2014 - Report Stage (resumed) and Final Stages; No. 1, Merchant Shipping (Registration of Ships) Bill 2013 [Seanad] - Second Stage (resumed); and No. 26, statements on the Cooke report; and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that No. 26 shall be taken at 2 p.m. today and the following arrangements shall apply: the opening speech of the Minister for Justice and Equality and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 20 minutes in each case; and such Members may share their time; the speech of each other Member called upon shall not exceed 20 minutes in each case; and such Members may share their time; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed ten minutes. Tomorrow's fortnightly Friday business shall be No. 53, the Scrap and Precious Metal Dealers Bill 2013-----

The Labour Party could apply for that.

Are you buying or selling, Mattie?

Do you want a scrap?

-----Second Stage; and No. 12, report on the draft general scheme of an Education (Admission to Schools) Bill 2013.

There is one proposal to be put to the House. Is the proposal for dealing with No. 26, statements on the Cooke report agreed to? Agreed.

Could I ask the Minister whether it is proposed to give extra Government time to clear the backlog of the approximately 100 Private Members' Bills that have been published? The Government seems short of legislative business but there is plenty of legislation before the House and all we do is deal with it on a Friday. Would the Minister be amenable to the idea that we would give time during the week when we are short of Government legislation to deal with Private Members' Bills in order to reduce the list? At the rate we are going it will be years before we get through the 100 Bills that have been published by Members of this House into which they have put great effort.

At the previous meeting in which I was involved Ministers were contending for space in the House to advance Government legislation. A plethora of Government legislation is available and there is more time now than was ever the case in the House for Private Members' Bills.

There are more Bills now.

The Friday sittings are an initiative of the Government and Deputy Ó Cuív knows as well as I do that Private Members' legislation has always been taken in Private Members' time in the past and somehow we managed. Perhaps it was the case in those days that Members did not have the same familiarity with legislation as is the case now, but my impression is that there are still many who are strangers to legislating.

Could I ask the Minister about the terms of reference for the commission of investigation into mother and baby homes? The Minister for Children and Youth Affairs, Deputy Flanagan, said it is his intention to have the terms of reference set before the Dáil rises for the summer recess, with the investigation due to start before the end of the year. Is that still the case? Could the Minister also confirm or deny the proposal to include Magdalen laundries and county homes as part of the commission of investigation? Could the Minister further provide some detail and a timeframe for the consultation that will take place with the Opposition parties on the issue?

The position outlined by the Minister for Children and Youth Affairs, Deputy Charles Flanagan, stands. The arrangement he has observed since the beginning on this issue, in terms of consultation with the Opposition, will continue. It is still his intention to bring forward his proposals before the House rises for the summer recess.

I note that the Minister of State at the Department of the Environment, Community and Local Government, Deputy Jan O'Sullivan, who has special responsibility for housing, has proposed rent controls and this is long overdue. I note also the bitter opposition expressed by the Fianna Fáil Party to any kind of rent control. Is it intended that legislation will be introduced on this?

The Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, has made interesting proposals on taxing oil and gas concessions. I am struck by the fact that numerous Departments, including the Department of Education and Skills, have come up with wonderful innovations in recent weeks.

The Deputy is straying somewhat.

There seems to be a fin de siècle feel to this Government.

Is the Deputy referring to a siesta or siècle?

It seems as though many interesting innovations are emerging in the days before this Government changes utterly when many Ministers depart. Is this the case?

The Deputy knows this is not on the Order of Business.

I asked about legislation twice.

The Deputy knows it is not up to the Minister to decide whether the Government will change or not.

The Government is afflicted neither with a fin de siècle nor a fin de siesta weariness.

The siesta is over.

The issue of rent controls has arisen because of a supply side problem that currently exists. Unfortunately, such a problem cannot be resolved overnight as it takes to time to build houses, even when investment is available. The Minister for Public Expenditure and Reform, Deputy Howlin, is working on a proposal at the moment and I hope he is finessing it for an announcement that will be additional to and separate from what has been announced by the Minister of State with special responsibility for housing. It is remarkable that one year ago it was not possible to sell a house in most parts of Ireland and now prices are rising again.

There are financial constraints and unanticipated constraints such as the difficulties faced by builders who are ready to build but have trouble sourcing credit. These credit problems are often due to the recent records of builders with lending institutions. One suspects the lending institutions are not upset about this situation because it helps their internal ratios in preparation for stress tests in autumn.

There are definite supply side issues so the Minister of State with special responsibility for housing has been examining short-term rent controls and has sought legal advice on the matter. In an ideal world there would be no rent controls. When one takes into account clearing sites, designing buildings, getting planning permission and so on, it takes between 12 and 18 months to achieve the housing output the economy needs. We will never return to the days when 90,000 houses were produced per annum for the reasons we know. However, the construction sector is functioning at half the capacity of such a sector in a normal economy. There is capacity to double the current construction workforce and this is the challenge facing the Government. We must recast the economy rather than return to how things were done before.

What was the Deputy's question on oil and gas?

Will legislation be needed for the changes proposed?

Changes in the fiscal regime must and will be reflected in the Finance Bill.

I wish to raise a question relating to legislation on the operation of the courts, given recent references to a Member of the House making direct contact with a member of the Judiciary. Regarding the court of appeal Bill, on its passage through the Houses, will recognition be given to-----

The Deputy cannot ask about amendments.

I should be allowed to finish my sentence. The distinction between the courts and the Houses of the Oireachtas should be clarified in the course of debate on the Bill. At the same time, recognition should be given to the right of a Member of the Oireachtas to bear witness in court.

We are dealing with promised legislation here. We are not dealing with the-----

I have experience of this so I want to know whether the court of appeal Bill is the appropriate legislation with which to address the issue.

When is this Bill due?

The court of appeal Bill is due before the Government next week and it is intended that it will be enacted this term if the time can be found. I do not wish to comment on a story about a colleague on the other side of the House without first knowing the facts.

I have a further question on legislation. The personal injuries assessment board (amendment) Bill is due before the House as is the teaching council (vetting and protection of children and vulnerable persons) Bill.

The first will be before the House at the end of the year and the second will be for publication before the House rises at the end of this session.

I ask for an update on expected legislation. The customs (amendment) Bill is a consolidated Bill to deal with customs. The judicial council Bill aims to deal with complaints by members of the public about members of the Judiciary.

That Bill is well advanced and will be published this session.

Hundreds of farmers are protesting outside the Houses today and also did so last Tuesday. Farmers like to work in good weather and this is the finest weather we have had for years so they should not be here but nothing is being done for them on commonage and headage. I am raising these matters under the wildlife (amendment) Bill, though the Ceann Comhairle may think it strange that I do so. I refer to this legislation because nothing will be left for farmers on hills and commonage areas but wildlife if nobody listens to them. On this point, I note the presence in the House today of the Minister of State at the Department of Agriculture, Food and the Marine, Deputy Hayes, along with other senior Ministers.

The Deputy exaggerates.

What about the wildlife?

Is the Deputy comparing farmers to wildlife? What is he talking about? That Bill was enacted last June.

There is a good deal of wildlife in this House.

The Minister has promised for some time a geothermal energy development Bill to regulate and license that sector. What progress has been made and when will we see the Bill? I also wish to raise the Istanbul Convention on violence against women. Has the Government given this convention consideration or will it do so in the near future? Will the Government sign this convention?

The geothermal energy development Bill was initiated under my predecessor but I changed the order of priority in favour of a new minerals development Bill. The minerals development Bill is in the final stages and will go before committee within the next month. It is a major piece of legislation on minerals.

Regarding the Council of Europe convention combatting violence against women and domestic violence, I have here a letter from the Minister for Justice and Equality to Deputy Ó Fearghaíl of 1 May. My understanding is the position has not changed since then.

With regard to the gambling control Bill, publication of which is expected in early 2015, the advertising and accessibility of gambling, gambling clubs and online betting is of increasing worry in society, particularly with the World Cup. It shows the need for an interim measure in a short snappy Bill to put some control on this.

The major Bill is in preparation-----

Short and snappy is what I want.

It is a more complex issue-----

Advertising is not.

In an era of electronic communications it is quite complex. We have excised from the Bill previous proposals in respect of fixed odds betting terminals because they really are the crack cocaine of gambling for feckless youths.

I am speaking about advertising.

I will have a look at that, but the actual business of regulating gambling-----

-----in a global communications environment is quite complex.

The popping up of advertising on radio and television at present is huge.

Will the Minister bring some harmony to the working relationship between Uisce Éireann and local authorities under the new arrangement in the water services legislation? Will it be necessary to bring forward regulations to clarify the misunderstandings arising between Uisce Éireann and local authorities? An issue arose in my constituency this morning with regard to a threatened outbreak of E. coli. Getting in contact with Uisce Éireann for it to issue to the local authority an order number for work was problematic to say the least.

I would be concerned if what Deputy Kirk stated was not a local problem. My understanding is the service level agreements and agreements generally in place between local authorities and Irish Water are working well. There may well be a particular issue with the Deputy's local authority, and I will be glad to examine it, but generally speaking they are working well. The transition is essential to the success of the project because the engineering people in the local authorities in particular are central to this. A good deal of the corporate memory is upstairs, reposing in the heads of many of the engineers who have been dealing with it. I will certainly be glad to examine the issue.

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