Dáil Éireann debate -
Thursday, 23 Oct 2014

Vol. 855 No. 3

Order of Business

The Tánaiste

It is proposed to take No. a12, motion re membership of committee; No. b12, motion re ministerial rota for parliamentary questions; No. 12, the Merchant Shipping (Registration of Ships) Bill 2013 [Seanad] – Financial Resolution; No. 13, motion re appointment of members of the Irish Human Rights and Equality Commission - back from committee; and No. 6, the Intellectual Property (Miscellaneous Provisions) Bill 2014 - Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that Nos. a12, b12, 12 and 13 shall be decided without debate; that the Dáil on its rising today shall adjourn until 2 p.m. on Tuesday, 4 November 2014; and Private Members' business shall be No. 158, motion re Irish Water - to be resumed immediately after the Order of Business, which shall, if not previously concluded, be brought to a conclusion after 90 minutes.

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with Nos. a12, b12, 12 and 13 without debate agreed to? Agreed. Is the proposal that the Dáil, on its rising today, shall adjourn until 2 p.m. on Tuesday, 4 November 2014 agreed to? Agreed.

Deputy Barry Cowen

Can the Tánaiste clarify if there are proposals to amend the Social Welfare (Consolidation) Act 2005? Section 262 of that Act contains the parameters around which personal public service, PPS, numbers may be given to third party institutions. It refers to the Minister having to sanction any such use by a third party and weigh up that request on its merits before agreeing to it. I do not see anything on the Department's website to indicate it has gone through that process. There is a reference on Irish Water's website to the effect that the arrangement for such has not yet been finalised. Considering the current furore, this is another aspect of the policy commitment of Government to Irish Water and the way in which it is carrying out those policy directions. I am in the same boat as Irish Water. It appears that such an arrangement has not yet been finalised and people are very concerned about the use of their PPS numbers and the manner in which they may be used in the future, considering the threat that many believe still exists, namely, the potential or possibility of that entity being privatised in the future.

The Tánaiste

In terms of the Department of Social Protection's main business, people have a PPS number for social welfare purposes. Where other organisations use a PPS number, that usage is based in law, and I can get the details of that for the Deputy. However, in regard to Irish Water, my understanding is that it has requested PPS numbers to verify that people are entitled to allowances, particularly with respect to children. As the Deputy knows, there is a provision for extra allowances. The actual use of PPS numbers by Irish Water for any other purpose is not permitted. That is the sole purpose for which it can use the PPS number.

I understand people would be concerned about privacy and in that context, the Department of Social Protection works extremely closely with the Data Protection Commissioner who has a responsibility to oversee this important area. The Deputy will be aware of a recent court case where certain credit unions gave people's PPS numbers to inquiry agencies and they made certain inquiries, which they were not entitled to do, in regard to PPS numbers, and the courts dealt quite severely with that matter. All of this is legislated for by law.

Deputy Barry Cowen

The Tánaiste says it is in law.

The Tánaiste

This is all legislated for by law-----

Deputy Barry Cowen

Did the Tánaiste and her Department sanction it?

An Ceann Comhairle

Sorry, this is not a matter for the Order of Business.,

The Tánaiste

It is the law.

Deputy Barry Cowen

I am looking at the law. Can the Tánaiste clarify what section 262-----

The Tánaiste

The law provides for limited use and access. People will recall that when Student Universal Support Ireland, SUSI, was being developed there was some usage of PPS numbers in regard to that, strictly regulated by law.

Deputy Dara Calleary

That is not a semi-State company.

Deputy Barry Cowen

We need to rescind section 262 of the 2005 Act.

Deputy Dara Calleary

SUSI is not a commercial company.

The Tánaiste

I want to assure people of that, and it is overseen by the Data Protection Commissioner.

An Ceann Comhairle

I have to move on.

The Tánaiste

It is overseen by the Data Protection Commissioner, which is correct and proper.

Deputy Barry Cowen

I know that, but will the Tánaiste clarify for me section 262 of the 2005 Act if she says there is nothing she can do about it?

An Ceann Comhairle

I think we have dealt with that issue. There are only 13 minutes left and there is a list of Deputies offering.

Deputy Aengus Ó Snodaigh

I will try to be brief. I hope the landlord and tenant Bill, along with the national paediatric hospital development board (amendment) Bill can be prioritised and fast-tracked.

These Bills are on the legislative programme. The landlord and tenant Bill is not scheduled until next year. No timeframe has been announced for the national paediatric hospital development board (amendment) Bill. What is the position on the technological universities Bill, given that Waterford Institute of Technology has pulled out of talks on amalgamation with Carlow Institute of Technology? Should this Bill also be fast-tracked to ensure the amalgamation process can be put back on stream so as to have a university in the south west?

The Tánaiste

I understand the landlord and tenant legislation will be ready in the middle of next year. I understand work is ongoing in the Department of Health on the national paediatric hospital development board (amendment) Bill. I do not have an exact date for the Deputy but I will come back to him on it. There has been considerable work done on the technological universities Bill, as the Deputy probably knows. I anticipate it will be ready next year. There have been significant advances concerning two of the groups that are to use the mechanism in question, one in Dublin and one in the south and south west. The Deputy's comment probably refers to the material in the media on Waterford. As the Deputy knows, the Government is absolutely committed to building, expanding and investing in Waterford Institute of Technology. I do not want to comment on what I saw in the newspapers-----

An Ceann Comhairle

We cannot have a discussion on this topic.

The Tánaiste

-----but I know the Minister and others were quite surprised.

Deputy Mattie McGrath

Will the Tánaiste clarify whether the criminal law (sexual offences) Bill, the aim of which is to protect vulnerable persons from abuse, will explicitly make provision to prevent the Irish Family Planning Association from giving illegal and dangerous advice to vulnerable young women?

An Ceann Comhairle

We cannot deal with the content of the Bill.

Deputy Mattie McGrath

Could we have an update on the investigation by An Garda Síochána and the HSE into the misleading and dangerous information that was given out? What is the status of the investigation and when is it to conclude?

An Ceann Comhairle

When is this Bill due?

Deputy Noel Coonan

Deputy McGrath is a great man for the law.

Deputy Mattie McGrath

We make laws here.

The Tánaiste

The criminal law (sexual offences) Bill should come before the House this session.

Deputy Brendan Smith

As the Tánaiste is probably aware, Seanad Éireann passed a motion yesterday calling on the Government to recognise the state of Palestine.

Deputy Finian McGrath

Hear, hear.

Deputy Brendan Smith

The motion was proposed by Fianna Fáil Senator Averil Power and agreed by the Seanad without a vote. Could the Tánaiste commit that Government time will be allocated in the next sitting week to enable Dáil Éireann to discuss a similar motion?

Deputy Finian McGrath

Hear, hear. Well done.

The Tánaiste

The allocation of time is obviously a matter for the Whips. I suggest that the Deputy discuss it at the next Whip's meeting.

Deputy Dessie Ellis

A report just published by DKM Economic Consultants calling for tax breaks for landlords is not in favour of rent controls. While rent controls are not a magic solution, they would take considerable pressure off many people, including families, who are struggling or under threat due to hikes in rent. The constitutional argument made in the past does not stand up-----

An Ceann Comhairle

What Bill are we talking about?

Deputy Dessie Ellis

-----and could be legislated around. There is a housing Bill due. I urge the Minister to include rent controls in it, as utilised-----

An Ceann Comhairle

When is the housing Bill due?

Deputy Dessie Ellis

-----in other European countries, such as Germany. I ask the Tánaiste not to hide behind this report.

The Tánaiste

A housing regulation Bill is due next year. I understand the report by DKM, to which the Deputy referred and which was commissioned by the PTRB, is being published today. Once it is published, the Government will have an opportunity to discuss it. As I have not seen the detailed content of the report, I do not want to comment on it at this point.

Deputy Dessie Ellis

Could we have a debate on it in the House?

The Tánaiste

The Minister for Finance, Deputy Michael Noonan, announced on budget day the extension to landlords of the relief available to households for repair and maintenance work carried out by a contractor where there is a provision for the refund of the VAT. I was a very strong advocate of that measure because I agree with the Deputy that it is important that we have rented accommodation of good quality. The Government is commencing the first major period of construction of social housing, as allocated in the budget this year. It is an important issue-----

An Ceann Comhairle

There are only eight minutes left so I call Deputy Creighton.

Deputy Lucinda Creighton

The planning and development (No. 1) Bill is listed in the legislative programme to support actions in Construction 2020. One action mooted by the Taoiseach and Tánaiste when the document was launched in May was 95% mortgages for first-time buyers, or a provision whereby the State would underwrite the deposit up to 5%. The Central Bank has obviously responded by trying to put in place a prudent mechanism that would require a 20% deposit.

An Ceann Comhairle

We cannot debate the issue.

Deputy Lucinda Creighton

We see in today's leaks to the Irish Independent that the Government is again proposing to circumvent the prudent proposal of the Central Bank. I would like to hear what the Tánaiste thinks about that and whether she is satisfied with the abolition of the windfall tax on rezoned land, introduced in the budget last week.

An Ceann Comhairle

That is all very interesting but it is a matter for a Topical Issue debate.

Deputy Lucinda Creighton

It is essentially a return to the policies of Fianna Fáil.

Deputy Finian McGrath

Give her more speaking time.

The Tánaiste

The proposals by the Central Bank are subject to consultation. I am sure the Deputy and others will make their views known to the Central Bank. The proposals are but proposals at this stage.

With regard to the planning legislation to which the Deputy referred, the heads were agreed recently by the Government. We expect the legislation will be before the House in the near future.

Deputy Peter Fitzpatrick

When does the Tánaiste expect the publication of the gambling control Bill, which is to update and consolidate the law on betting?

The Tánaiste

It will be the middle of next year.

Deputy John O'Mahony

I wish to inquire about the broadcasting (amendment) Bill, which is to amend the Broadcasting Act 2009. It is to deal with the funding of public broadcasting over the next five years and replace the television licence with the broadcasting charge. It is supposed to be introduced in 2015. Could the Tánaiste indicate when in 2015 it will be introduced?

The Tánaiste

With regard to the broadcasting (amendment) Bill, there is a chance it may be introduced before the end of this year, or possibly early next year. A similar schedule applies to issues concerning broadcasting charges.

Deputy Brian Walsh

What is the current status of proposed legislation dealing with the replacement of the mobility allowance and motorised transport schemes?

The Tánaiste

That will be next year.

Deputy Bernard J. Durkan

When is the sale of alcohol Bill expected to be before the House? Have the various court proceedings in adjoining jurisdictions made it possible to advance the debate in this area?

On another promised Bill, when the people on the other side of the House were on this side-----

An Ceann Comhairle

We can cut out the preliminaries.

Deputy Bernard J. Durkan

This is on promised legislation. Those on the other side of the House promised to repeal the Explosives Act 1875. Could the Tánaiste indicate when that legislation is likely to come before the House?

Deputy Robert Troy

The Deputy's party has been in power for three and a half years.

Deputy Barry Cowen

Stop, Bernard.

Deputy Bernard J. Durkan

It must be nearly due by now.

(Interruptions).

A Deputy

Deputy Ellis would know all about that.

The Tánaiste

I hope Deputy Durkan is not intending to set off fireworks with that potentially explosive question. I understand the legislation will be ready early next year. A lot of work has been done on the sale of alcohol legislation, which I understand will be ready next year.

Deputy Michael Fitzmaurice

With the cuts affecting primary schools over the past few years, and in light of an election which meant the minor works grants were paid last year, will those grants, which are issued in November and December and which are the heartbeat of the primary schools right around the country, be included in the budget this year? If they are not, it will basically leave schools around the country silent.

An Ceann Comhairle

When is the finance Bill due?

The Tánaiste

It is due to be published later today. Obviously, there will be more detail on some of the measures that were mentioned in the budget.

Deputy Robert Troy

I have two issues to raise, one of which concerns the wind energy guidelines. As the Tánaiste knows, we have gone through a wide consultation process. Most of it has been ignored.

When will the Government finally publish the wind energy guidelines?

My second question is related to a question I asked the Tánaiste four weeks ago on the publication of the report compiled by the independent rapporteur on child protection. Last year's report was given to the Minister for Children and Youth Affairs in January of this year. We still await that report to be laid before the Houses in order that we can have a discussion on its contents and look at implementing its recommendations. Is it right and proper that a report given to the Minister in January is still not laid before the Houses to give Members of the Oireachtas an opportunity to debate it? It is now November. Will the Tánaiste indicate when that report will be laid before the House and we can debate its contents?

The Tánaiste

I will contact the Minister to get the date of when he proposes to lay it before the House. On the wind energy guidelines, there is an amount of technical work which has to be done-----

Deputy Robert Troy

The local elections are over. The Government was holding them back for that. They are over now. They can publish them.

The Tánaiste

-----partly in conjunction with the SEAI.

Deputy Paudie Coffey

It is to get the factual information.

The Tánaiste

Deputy Troy asked a question and I am trying to give him the information.

An Ceann Comhairle

There are other Deputies waiting.

The Tánaiste

Deputy Troy should relax.

Deputy Barry Cowen

Get a camera and cool down.

Deputy Michelle Mulherin

What is the delay in the production of legislation to underpin the mobility allowance and motorised transport grant replacement schemes? There are persons who are precluded. No new applicants are being accepted. There are those who should get it. There is concern and it has been going on a while. What is the problem?

The Tánaiste

I do not have a date for that. I will ask the Minister when it is proposed to bring it before the House.

Deputy Marcella Corcoran Kennedy

When will the climate action and low carbon development Bill be published? I understand it is on the A list and it is urgent legislation.

The Tánaiste

It is on the A list and it is hoped to be published in this session.

Deputy John McGuinness

The Tánaiste commented on the universities Bill and mentioned specifically Waterford. Will she ask both the Institute of Technology Carlow and Waterford Institute of Technology about the current developments where Waterford will now go its own way in the amalgamation?

An Ceann Comhairle

That is not in order on the Order of Business.

Deputy John McGuinness

Will the Tánaiste comment on that? She commented specifically on Waterford and I believe Carlow should be mentioned in the context of what is happening now and the report in the newspaper.

An Ceann Comhairle

Perhaps it would be suitable for a Topical Issue matter.