Dáil Éireann debate -
Wednesday, 2 Jul 2014

Vol. 846 No. 2

Order of Business

The Taoiseach

It is proposed to take No.9a, State Airports (Shannon Group) Bill 2014 [Seanad] – Financial Resolution; No.25, Statements on European Council, Brussels, pursuant to Standing Order 102A (2)(b); No. 24, Competition and Consumer Protection Bill 2014 - Report Stage (resumed) and Final Stage; No. 1, Public Health (Standardised Packaging of Tobacco) Bill 2014 [Seanad] - Second Stage; and No. 23, Merchant Shipping (Registration of Ships) Bill 2013 [Seanad] - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that No. 9a shall be decided without debate; No. 25 shall be taken immediately following the Order of Business and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after 85 minutes and the following arrangements shall apply: the statements shall be made by the Taoiseach and by the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order and who may share their time, and shall not exceed 15 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 statement in reply which shall not exceed five minutes; and the suspension of sitting under Standing Order 23 (1) shall take place on the conclusion of No. 25. Private Members’ business shall be No. 152, motion re mental health (resumed – to conclude at 9 p.m. tonight, if not previously concluded).

Tomorrow’s business after oral questions shall be No. 26, statements on the review of Ireland’s oil and gas fiscal System; No. 9b, Employment Permits (Amendment) Bill 2014 – motion to instruct the committee; and No. 27, Employment Permits (Amendment) Bill 2014 - Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that the proceedings in relation to No. 26 shall, if not previously concluded, adjourn at 12 noon on that day and the following arrangements shall apply: the opening statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, and who may share their time, shall not exceed 15 minutes in each case, the statement of each other Member called upon shall not exceed ten 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 statement in reply which shall not exceed five minutes. The proceedings in relation to No. 9b shall, if not previously concluded, be brought to a conclusion after one hour on that day and the following arrangements shall apply: the speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, and who may share their time, shall not exceed 15 minutes in each case.

An Ceann Comhairle

Are the proposals for dealing with Nos. 9a, 25, 26 and 9b agreed to? Agreed.

Deputy Micheál Martin

The Taoiseach confirmed yesterday that the Government has decided to hold a referendum on same-sex marriage next spring. As he knows, the manner in which the Government has organised recent referendums has been severely criticised in respect of issue like the commissions that have been established, the timelines and, in the case of the children's rights referendum, the Supreme Court decision on the deliberate breaches of the legislation by a Minister. The Government has committed to the publication of an electoral (amendment) (referendum spending and miscellaneous provisions) Bill, which will provide for the disclosure of expenditure and donations at a referendum campaign and the extension of the spending limit period that applies at presidential, Dáil, European Parliament and local elections. The Taoiseach might indicate when we can expect that Bill to be published. Will it be published in advance of the referendum on same-sex marriage? The Taoiseach might also let me know when the commission to prepare for the referendum will be established.

The Ceann Comhairle might be interested in the proposed noise nuisance Bill, which will extend and improve the powers available to enforcement authorities to prevent, reduce or abate noise nuisances by allowing for on-the-spot fines and providing for mediation between neighbours.

An Ceann Comhairle

Does it refer to the Deputy?

Deputy Micheál Martin

We are all capable of improving.

Deputy Willie O'Dea

The Ceann Comhairle will be the first litigant.

Deputy Micheál Martin

In recent weeks, a great deal of concern has been expressed about the appalling carnage on our roads. I note the recent comments of Gay Byrne, who has done a lot of work. Along with the former Minister, Noel Dempsey, and the Road Safety Authority, he has had great success in reducing the number of deaths in road accidents over a number of years. The Government is proposing to introduce a new road traffic Bill to provide for further measures in respect of road safety. I understand from the Government's legislative document that the publication of this Bill is expected in 2015. It seems to me that the Government needs to display far greater urgency with regard to the issue of road safety. It is losing its grip and the statistics are going the wrong way. We need to beef up the resources that are available for road safety and provide for the legislative back-up that is required and has been identified by the Government in the context of this Bill. The Taoiseach might indicate when he expects the Bill in question to be published. Is there any possibility that this might happen earlier than originally predicted by the Government?

The Taoiseach

On the Deputy's last point, we expect the road traffic Bill to be published by the end of the year. It was listed for publication in 2015, but I am informed by the Minister that it will be possible to publish it before the end of this year.

Deputy Mattie McGrath

Will the Government still be here?

The Taoiseach

These deaths are all unfortunate and tragic. Everybody sympathises, obviously. One does not need legislation to drive carefully. I do not blame anybody for getting involved in an unfortunate and tragic accident with those consequences. It is a matter that everybody is concerned about. Mr. Byrne has been very outspoken about matters that need to be dealt with, in his opinion. The Minister informs me that the Bill in question can be published before the end of the year.

I do not have a date for the noise nuisance Bill.

The Bill mentioned by Deputy Martin in respect of the referendum commission will be published before the end of this year. As he knows, a commission to deal with a referendum cannot be established until a Bill is published. We need to look at that. We always hear the complaint that the commission has not been set up for long enough to do its work, which is to inform the public of the actual question on which it is being asked to decide. We are looking to make the way the ballot paper is constructed and the way the question is phrased as streamlined, effective and clear as possible. Other legislative areas need to be attended to make the question clear so that the public can be very clear about what it is being asked when it is giving its answer..

Deputy Peadar Tóibín

The programme for Government included a commitment to legislate for the end of upward-only rents. Yesterday's court judgment in a case involving Bewley's of Grafton Street means that rents can only rise and cannot fall to the market value. It seems that low and middle income earners can have their wages dictated to by the markets, but this does not apply to the landlords who own these properties.

An Ceann Comhairle

What Bill is the Deputy talking about?

Deputy Peadar Tóibín

I am referring to the commitment in the programme for Government to legislate with regard to upward-only rents. The point is that this is a competitive disadvantage to the State. It costs jobs and exports. Indeed, a large number of businesses around the country have gone out of business as a result of upward-only rents.

Deputy Peter Mathews

Hear, hear.

An Ceann Comhairle

Deputy Tóibín has made his point.

Deputy Peadar Tóibín

We often hear about the need for a focus on competitive advantages. This is an example of an advantage that the Taoiseach should consider. Sinn Féin has proposed its own legislation in this area. The legislation brought forward by Senator Quinn has been passed by the Seanad. When will the Taoiseach revisit this matter? I suggest that the advice received from the Attorney General on the constitutionality of this legislation should be tested so that the difficulties being encountered by small and medium-sized enterprises throughout the State can be alleviated.

The Taoiseach

Sinn Féin brought forward a proposition for a wealth tax too, but it has abolished it because it can see the consequences of such a tax.

Deputy Peadar Tóibín

That is not true.

Deputy Patrick O'Donovan

What about the land tax?

The Taoiseach

The Supreme Court has made a decision in this case. Its judgment needs to be examined carefully. The case before the court rested solely on the interpretation of a single clause in the 1987 lease between Ickendell, which is the landlord, and Bewley's, which is the tenant.

Deputy Willie O'Dea

It is a fairly standard clause.

The Taoiseach

Last year, the High Court interpreted that clause to mean the rent payable to Bewley's must be allowed to fall to reflect market values. The Supreme Court ruled that the lease in question provided for an upward-only rent review. It also said that the case arose from the specific terms of the lease and not from an issue of general application. The judgment needs to be studied. A commitment to review upward-only rent reviews was included in the programme for Government.

Deputy Micheál Martin

And in the election manifesto.

Deputy Michael Healy-Rae

There were many things in it.

The Taoiseach

However, we found that this was constitutionally impossible.

Deputy Barry Cowen

Who gave the advice before the election?

The Taoiseach

I am not committing to anything because that is the formal legal advice we have had.

Deputy Micheál Martin

Who provided the advice before the election?

The Taoiseach

However, I undertake-----

Deputy Micheál Martin

Who was the legal adviser to the Labour Party before the election?

An Ceann Comhairle

Would you stay quiet, please?

The Taoiseach

Despite the noise from people on the other side-----

Deputy Micheál Martin

It is not noise.

Deputy Willie O'Dea

The Taoiseach and his colleagues made plenty of noise.

The Taoiseach

-----who were responsible for assuming one could run a country on property inflation-----

Deputy Michael Healy-Rae

They are called facts.

The Taoiseach

They drove this country over the edge.

Deputy Willie O'Dea

That is what you proposed. That was your proposal.

Deputy Barry Cowen

Who advised you before the election?

Deputy Dara Calleary

You could not spend enough.

The Taoiseach

I will study this judgment very carefully to see what general application it might have.

Deputy Micheál Martin

What about Roscommon hospital? What about third level fees?

The Taoiseach

When we tried to legislate for reductions in cases of upward-only reviews, we found that it was constitutionally not possible on the basis of the formal legal advice.

Deputy Mattie McGrath

Excuses, excuses.

Deputy Niall Collins

The Government cannot do it after all of that.

Deputy Joan Collins

The Taoiseach gave a sort of ambiguous reply when Deputy Catherine Murphy raised the climate change Bill yesterday. He said that the Bill is being drafted, but he did not give any indication of exactly when the Bill will be published or enacted. What kind of timespan are we talking about? There is a general feeling that if this legislation is not moved on very quickly, it will not be put through by 2015.

The Taoiseach

I hope it will be enacted this year.

Deputy Denis Naughten

There are strong indications that Ireland may obtain the agriculture commissionership at European level. This would be of huge benefit to the country.

An Ceann Comhairle

Not on the Order of Business, thank you.

Deputy Denis Naughten

The Parliamentary Scrutiny of Appointments (European Commission) Bill 2014, which is on the Order Paper in the Seanad, seeks to provide for parliamentary scrutiny of the Government's proposed candidate for the European Commission position. MEPs from all over Europe will have an opportunity to question the Irish nominee for that position, but Members of the Dáil will not have the same opportunity. Can the Taoiseach facilitate the enactment of the Bill in question in advance of the appointment of the Irish Commissioner, or at least give an indication that the House will have an opportunity question the Government nominee in advance of the parliamentary scrutiny that will take place at European level?

The Taoiseach

I would not believe the comments that have been made about "strong indications" with regard to this commissionership or that commissionership. It is important for the EU to have a college of Commissioners who are prepared to listen to the message of people from all over Europe and make decisions in the interests of the EU and of growth, stability and the creation of jobs.

Deputy Micheál Martin

It seems that the Government is prepared for failure.

The Taoiseach

As Deputy Naughten knows from his long experience, it is a matter for the Seanad to define its own business.

Deputy Denis Naughten

Can we have a discussion on the appointment?

The Taoiseach

I am here every week.

Deputy Michael Healy-Rae

There were 11 cases of assault on staff members in the psychiatric unit of Kerry General Hospital in June.

An Ceann Comhairle

This is the Order of Business, Deputy.

Deputy Michael Healy-Rae

My question relates to the health information Bill. This is happening as a direct result of staff shortages at the unit.

An Ceann Comhairle

The Deputy should put down a parliamentary question or Topical Issue.

Deputy Michael Healy-Rae

I have done so.

An Ceann Comhairle

We cannot have these types of issues being raised on the Order of Business every day.

The Taoiseach

I do not have a publication date for the health information Bill.

Deputy Micheál Martin

There will not be a publication date.

Deputy Mattie McGrath

We are given to understand that Irish Water has signed a memorandum of understanding with local authorities.

An Ceann Comhairle

The same thing applies to Deputy McGrath as to Deputy Healy-Rae. I am not putting up with this every day. Which Bill is the Deputy referring to?

Deputy Mattie McGrath

I am referring to the legislation relating to Irish Water.

An Ceann Comhairle

That legislation went through months ago.

Deputy Mattie McGrath

It did, but Irish Water is not servicing the public's needs in Tipperary.

An Ceann Comhairle

I ask the Deputy to sit down and refrain from abusing the rules of the House.

Deputy Mattie McGrath

I have another question.

An Ceann Comhairle

I will not call the Deputy in future if he carries on the same. He is at it every single day the Dáil sits. He either adheres to the rules or he does not.

Deputy Mattie McGrath

I do adhere to the rules.

An Ceann Comhairle

The Deputy does not. What legislation does he wish to ask about?

Deputy Mattie McGrath

Road safety is a huge issue in rural areas.

An Ceann Comhairle

I know all of that. What Bill is the Deputy talking about?

Deputy Mattie McGrath

The road traffic Bill.

The Taoiseach

That Bill is expected before the end of the year.

Deputy Mattie McGrath

There is a health and safety issue on rural roads-----

An Ceann Comhairle

The Deputy is not even interested in the answer.

Deputy Mattie McGrath

I am very interested in the answer and in this issue.

An Ceann Comhairle

I am going to stick to the rules when it comes to the Order of Business from now on, because this is getting out of hand. Every day we have speeches all over the place. Members know the rules as well as I do. Everybody has been here more than three years and I do not intend to repeat myself.

Deputy Niall Collins

It is broadly accepted that the successful passing of the forthcoming marriage equality referendum requires that the family relationships and children Bill be enacted prior to the holding of the referendum. When will that Bill be published and brought before the House?

The Taoiseach

Work is ongoing on that Bill by the Minister for Children and Youth Affairs and the joint committee. It is quite a complicated Bill but I expect it to progress.

Deputy Bernard J. Durkan

In order to be helpful to Members of the Opposition, who seem to be rather skittish this morning, my question concerns the status of the greyhound industry (amendment) Bill, in which I have an ongoing interest. Have the heads of that Bill been agreed by Cabinet and when is it likely to be brought to the House?

A Deputy

Is it out of the traps yet?

Deputy Patrick O'Donovan

It is on the tracks.

The Taoiseach

The heads of the Bill have not yet been presented to Cabinet. I am not sure how far they have come down the tracks, but I will get back to the Deputy on it.

An Ceann Comhairle

Is there any chance the Taoiseach might announce when Members will get their holidays? They are all getting very edgy.

Deputy Frank Feighan

When will the badly needed sale of alcohol Bill to codify the law relating to the sale and consumption of alcohol come before the House?

The Taoiseach

It will be later in the year. A great deal of work has been done on amendments to address various issues that have been raised with the Minister of State and the Attorney General's office.

Deputy Dara Calleary

In regard to upward-only rents, does the Taoiseach have any plans to allow the Bill that is in the Seanad to be brought to the Dáil for discussion?

The Taoiseach

Is it a Private Members' Bill?

Deputy Dara Calleary

Yes, it was brought forward by Senator Feargal Quinn and was passed in the Upper House.

The Taoiseach

As I have set out, when Government attempted to legislate for this issue, the formal legal advice was that it is not constitutionally possible. I have no reason to doubt that advice. We have allowed for Private Members' Bills to come through and be amended in some form or other, but I cannot give any guarantee as to the viability of Senator Quinn's Bill.

Deputy Noel Grealish

When will the landlord and tenant Bill and the licensing of healthcare facilities Bill be brought before the Dáil? They each deal with areas in which major reform is needed.

The Taoiseach

I do not have a date for either of those Bills, but I will advise the Deputy as to the progress being made.

Deputy Pearse Doherty

My first question is one I raised last week. Can the Taoiseach clarify when the Minister for the Environment, Community and Local Government will issue regulations under subsection 20(6) of the Local Government (Charges) Act 2009? These are the regulations that will allow local authorities to vary local property tax rates by a factor of 15%. As the Taoiseach knows, local authorities do not sit in August and the Revenue Commissioners would have to be notified of changes in this regard in September. Unless the regulations issue soon, attempts by local authorities to adjust the rates will be frustrated.

Regarding the legislative programme for his session, there are Bills that were committed which have not been published thus far. Will the Taoiseach indicate when this session will end and the House will rise for the summer?

My final question concerns the case last week where two sets of parents of children with Down's syndrome successfully took on the Department of Education and Skills in the High Court to have maximum resource hours allocated to their child. This legal process could have been avoided if legislation before the House had been allowed to go through Committee, Report and Final Stages. Is it the intention of Government to legislate to allow for resource hours for children such as those whose parents were obliged to go to the High Court to assert their rights? Or does the Taoiseach intend to facilitate other parents having to take that lonely walk from Donegal and elsewhere to the Four Courts to assert their rights against the Government?

The Taoiseach

On the first point, those regulations will be published shortly. The answer to the Deputy's second question is in or around the middle of the month.

On the third issue, nobody likes to see parents having to go to court to seek particular rights. There is a process of determination and adjudication, from an educational point of view and so on, as to what resource hours should be allocated in any particular case. The legislative programme for this House is determined and agreed by the Whips' offices, including the question of prioritisation. The changes in regard to pre-legislative hearings and so on mean it is taking a little longer than before for Bills to go through the process. The Deputy should have his party Whip raise this matter at the next meeting of the Whips, and the Government Whip will deal with it.

Deputy Dan Neville

When will the Valuation (Amendment) (No. 2) Bill 2012 come before the House?

The Taoiseach

That Bill is awaiting Committee Stage in the Seanad.

Deputy Lucinda Creighton

Will the Taoiseach facilitate non-aligned Independent Members in having an opportunity to contribute to the debate today on the European Council? Five minutes were allocated for this purpose last week and I am wondering whether it might be possible to do the same today. Will the Taoiseach agree also to instruct the Government Whip to engage with the other Whips and a representative of non-aligned Independent Members in order to sort this issue out on a permanent basis and ensure there is an opportunity for such Members to contribute to debates?

An Ceann Comhairle

This is a matter that should be dealt with outside the Chamber.

The Taoiseach

I am not sure whether the group to which the Deputy refers has a Whip.

An Ceann Comhairle

Twenty minutes are allocated for questions and answers. I assume some arrangement can be made within that to facilitate everybody.

Deputy Lucinda Creighton

To be clear, the group to which I am referring comprises Independent Members who are not part of any political party or Technical Group. I understand there are 12 of us at this stage.

The Taoiseach

When I accommodated the Deputy last week, she took the opportunity to go on a personal rant.

Deputy Lucinda Creighton

Just because the Taoiseach does not like the contribution a Member makes is not a reason to silence that Member.

The Taoiseach

I am more than amenable to giving Deputy Creighton time.

(Interruptions).

An Ceann Comhairle

Deputy Creighton is out of order. I have tried to help her but I must ask now that she resume her seat.

The Taoiseach

The Deputy has no reason to be claiming discrimination.

(Interruptions).

Deputy Peter Mathews

This is the first anniversary of the dictatorial approach taken by the Taoiseach on a particular Bill, which led to my losing the party Whip, along with Deputy Creighton and others.

An Ceann Comhairle

I have called Deputy Seán Ó Fearghaíl.

Deputy Seán Ó Fearghaíl

I ask that the Whips not be blamed for the comments the Taoiseach has made.

In terms of the commitments in the programme for Government, we must recognise that yesterday's move in regard to the ex gratia payment to survivors of symphysiotomy marked significant progress, notwithstanding the fact that not everybody involved is happy. However, I have raised repeatedly the issue of a small group, the 32 survivors of thalidomide in this country. They are mentioned in the programme for Government and there is a very specific commitment to do something. The Government is to be lauded for what it has done for the Magdalens and the survivors of symphysiotomy. Given that the Minister for Health, Deputy Reilly, may be departing the scene, could the Taoiseach give us an assurance that something will be done as a matter of urgency for the 32 survivors of thalidomide?

The Taoiseach

As the Deputy is well aware, a great deal has been done for them over the years in terms of the facilities and the assistance they get. To be honest, I think there is a division of opinion between some members of the group and maybe if they were to agree on a common purpose, it might help matters. I will have the Deputy apprised of the latest progress being made. It is a matter of concern. There are only 32 survivors and it is an issue we would like to conclude fairly and amicably for everybody.

Deputy Brendan Griffin

I would like an update on an issue I have raised on a number of occasions over recent years, namely, provisions in legislation for the post-release electronic tagging of sex offenders. Will there be progress on it soon?

The Taoiseach

I do not have a date for publication of that.