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Dáil Éireann debate -
Thursday, 19 Nov 2015

Vol. 897 No. 2

Order of Business

Can we have order for the Order of Business? If the Tánaiste is ready, we may proceed.

It is proposed to take No. 13a, motion re leave to introduce Supplementary Estimates [Votes 6, 7, 12, 17, 20, 21, 26, 29, 30, 31, 32, 35 and 40]; No. 13b, motion re referral of Supplementary Estimates [Votes 6, 7, 12, 17, 20, 21, 26, 29, 30, 31, 32, 35 and 40] to select committee or sub-committee; No. 13c, motion re referral to joint committee of proposed approval by Dáil Éireann of the Planning and Development (Urgent Social Housing Supply) Policy Directive 2015; No. 8, Health Insurance (Amendment) Bill 2015 - Second Stage (resumed); No. 1, Equality (Miscellaneous Provisions) Bill 2013 [Seanad] - Second Stage (resumed); and No. 47, statements on developments in mental health services under this Government and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that: Nos. 13a and 13c shall be decided without debate, and subject to the agreement of No. 13a, No. 13b, referral to select committees, shall be decided without debate and any divisions demanded thereon shall be taken forthwith; the proceedings in respect of No. 47 shall be taken at 3 p.m. and the following arrangements shall apply: the statements 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 on in that order, shall not exceed ten minutes in each case and such Members may share their time, the statement of each other Member called on shall not exceed 15 minutes in each case and such Members may share their time and a Minister or Minister of State shall be called on to make a statement in reply, which shall not exceed five minutes.

There are two proposals to be put to the House. Is the proposal for dealing with Nos. 13a, 13b and 13c, motions re leave to introduce Supplementary Estimates, referral of Supplementary Estimates to select or sub-select committees and referral to joint committee of proposed approval by Dáil Éireann of the Planning and Development (Urgent Social Housing Supply) Policy Directive 2015, without debate, agreed to?

No. The process of rolling out Supplementary Estimates, totalling €1.6 billion, commences today. Undoubtedly, moneys for education services, An Garda Síochána and so on are necessary and welcome. We should not, however, in this of all years, proceed in the absence of a debate in this Chamber because this is the last year of the Supplementary Estimates process. Year-on-year budgets are introduced and Supplementary Estimates are later provided to plug identified gaps. What the Government proposes to do in the budgetary cycle when the Supplementary Estimates process is no longer available to it is a serious matter that requires debate and it would be remiss of us as parliamentarians to let it pass.

On the Planning and Development (Urgent Social Housing Supply) Policy Directive 2015, I can only assume that it refers to the modular housing proposal. Again, it is a new departure in social housing provision. We are told that it is an emergency measure, around which many of us have got our heads on the basis that providing modular housing versus bed and breakfast and hotel room accommodation is the lesser of two evils, but it is far from the ideal solution. The concern is that this will become the face of social housing provision in the State. Again, this matter is worthy of consideration and debate in this Chamber.

The Supplementary Estimates were published in detail on budget day.

I am aware of that.

We have had a very detailed debate on the budget. The additional funding which, as the Deputy correctly said, amounts to over €1.6 billion in gross voted expenditure in 2015 has allowed the Government to target additional expenditure at areas experiencing increased demand and demographic pressures, particularly the education system, An Garda Síochána and a number of other important sectors. The Supplementary Estimates do not include the proposed health or social protection spend because at this stage we do not know what the final PRSI receipts for the year will be. In the case of my own Department, we are not a position to accurately predict what the Supplementary Estimate will be, but we do know, for instance, that, as has always been the case, the Christmas bonus will be paid from it. There is also a timing issue in the making of pension payments on New Year's Eve rather than the following day. I can tell the Deputy what the likely spend will be, but until such time as the PRSI receipts and more information on the November returns have been received, we will not know what the definitive outturn will be. Approval is being sought today for 13 Votes, with an aggregate value of €472 million, €175 million of which is being allocated to the Department of Education and Skills, from which €50 million will be provided for the summer works programme for schools. An Garda Síochána is being allocated an additional €35 million, which I am sure will be welcomed on all sides of the House. An additional €100 million is being provided for public transport, which I would have thought would be welcomed by Sinn Féin. The Department of Jobs, Enterprise and Innovation is receiving an additional €50 million to provide for further expenditure on regional job creation measures, which, again, I am sure will be welcomed on all sides of the House. The Department of Agriculture, Food and the Marine is receiving an additional allocation of €65 million.

The Supplementary Estimates were announced in the context of the 2016 budget. If Sinn Féin wants to have a debate on the matter, I do not have any problem with it, but I suggest the Deputy take up the matter of the arrangement of that debate with the Whips of all parties. We should proceed with the Supplementary Estimates because they provide for the allocation of additional resources for gardaí, schools and the public transport system.

Did the Tánaiste listen to my question?

I hope Sinn Féin will be able to agree to that proposal.

Is the proposal for dealing with Nos. 13a, 13b and 13c agreed to?

(Interruptions).

A Leas-Cheann Comhairle-----

I have put the question.

On a point of order, this is a very studied art form from the Government benches. I made a specific point. I pointed to the reality that this was the last budgetary cycle during which the mechanism of introducing Supplementary Estimates would be available.

Is it schools or gardaí that the Deputy is against?

That was the basis for my request for a debate, in response to which all there was ráiméis and a deliberate evasion of the question. I also raised the issue of modular housing.

Is the proposal agreed to? Agreed.

In case I was not clear, I indicated to the Deputy that I was open to having a further debate on the Supplementary Estimates in the House-----

It will be a great debate.

----and suggested that she take up the matter with the Whips. However, the motion before us should proceed on the basis proposed. As I stated, I am open to the idea of having a further debate.

Will the Tánaiste take up the matter with the Whips?

We want to talk about the additional investment in An Garda Síochána, schools and so on.

Is the proposal for dealing with statements on developments in mental health services under the Government agreed to? Agreed.

Will a proposal be forthcoming from the Government to amend the valuation Bill? I am conscious of the global valuation in recent weeks, under which process a reduction in the rates applicable to large utilities such as the ESB, eircom and Bord Gáis Energy was provided for, with a continuance of the policy not to apply rates to Irish Water, despite the fact that €11 billion worth of assets had been transferred to it. Is the Tánaiste aware that as a result of this many local authorities may be forced to withdraw from the process of agreeing to a budget? The Government has directed all local authorities to agree to a budget, regardless of whether this requires them to increase property taxes or commercial rates, despite the fact that there was a commitment from the Government to overhaul the commercial rates system. This means the same old people are being asked to foot the bill.

The same old people are at it again.

The same applies in Longford, Dublin or anywhere else. The global valuation ranges throughout the country from €200,000 to €800,000. I have letters in my office from my local authority which set out, for example, that disabled person's grant applications will not be dealt with for the next three to five years.

That is a different issue.

The Tánaiste spoke about people participating in their communities and elderly people being in a position-----

That is what happens when a country goes bust.

This has nothing to do with the economy going bust. The Government has had almost five years to correct the public finances and local authorities have-----

We have put 2 million people back to work.

Has legislation been promised?

Will legislation, in the context of an amendment to the valuation Bill, be introduced, given that the Government may well be faced with the prospect of many local authorities having to withdraw from the budgetary process because of the imposition being made on them to impose additional charges on commercial ratepayers or hike up property taxes, in respect of which they will be required to meet any deficit in their budgets?

The Deputy's brother, Brian Cowen, when Minister for Finance, brought forward the valuation review proposals which had been legislated for-----

In five years the Government has completed only 20% of valuations.

During the late Brian Lenihan's-----

The Tánaiste can quote Brian Cowen and anyone else if she wants to-----

The Tánaiste has the floor and should be allowed to speak.

I will not reply until Deputy Cowen is willing to listen.

The Tánaiste can personalise it all she likes but-----

The Deputy's party was the architect of this particular legislation. That is the fact of the matter.

(Interruptions).

Deputy Cowen should not be such a bully.

The current regime was legislated for by the late and greatly regretted Minister for Finance, Brian Lenihan. Deputy Cowen knows as well as I do that proposals in different counties - he mentioned Dublin and Longford - are all dealt with in exactly the same way, which is on a revenue-neutral basis.

What about the central government allocation?

That has been going on in different areas around the country. In addition, local authorities, because they now have significant revenues from the property tax, for instance, have decisions to make about the level of funding under different headings.

The Tánaiste is showing herself to be more deluded with each successive statement.

There are currently no proposals to introduce a new valuations Bill, if that is what the Deputy is proposing.

Will the Tánaiste answer the question?

The existing legislation was introduced by Fianna Fáil in government.

The Tánaiste is a waste of space.

The Deputies opposite gave out about the revaluations that were carried out.

The Labour Party does not have to worry about this issue because it has so few councillors.

I have called Deputy Mary Lou McDonald. I ask her and the remaining speakers to exercise brevity.

With respect, the problem in regard to a lack of brevity is coming from the other side of the House.

When can we expect the consolidated domestic violence legislation to be brought forward? I have been asking about it since 2011 and have been fobbed off repeatedly. The Government seems to have put the matter on the long finger. Second, will the Tánaiste confirm that there will be statements on the North next Wednesday? Will she also confirm her support and that of the Labour Party for the agreement reached in recent days in Belfast?

The consolidated Bill on domestic violence is expected early next year. On the Deputy's second point, I confirm there will be statements on the North next Wednesday, as previously indicated. I take this opportunity, on my own behalf and on behalf of the Labour Party, to wish the First Minister, Mr. Peter Robinson, well in his retirement. Having spent quite a lot of time at the negotiations that led to the deal, I am absolutely delighted that the ten weeks or more the Minister, Deputy Charles Flanagan, and the Minister of State, Deputy Sean Sherlock, have spent on this stage of the discussions have yielded an outcome.

Representatives of the Irish Farmers Association, IFA, attended yesterday's meeting of the Joint Committee on Justice, Defence and Equality to outline the plight of people in rural areas in the face of increasing rural crime levels. Scrap and precious metal thieves are roaming the countryside taking lead from people's homes and sheds. The scope of this scourge is widespread. A large number of such thefts go unreported, fuelled by a no-questions-asked industry.

Does the Deputy have a question on legislation?

Will the Tánaiste indicate when we will have legislation on the sale of scrap metal?

The Labour Party will be scrapped first.

Deputy Bannon has raised this issue with me before and I wrote to him on the matter as recently as 28 October. I understand how stressed people are, particularly when there is theft of livestock, materials and machinery from farm premises. The presentation by the IFA was very impressive, particularly the focus on finding ways of identifying and labelling machinery. As was stated at the committee meeting, we must remember that as well as the people doing the robbing and causing stress directly, there are other people helping to sell on the stolen goods and livestock. In regard to legislation, the situation remains the same as I set out to the Deputy on 28 October.

This day last week, Thursday, 12 November, the Tánaiste gave an unequivocal undertaking in answer to Deputy Seán Ó Fearghaíl that legislation providing for a bankruptcy discharge period of one year will be enacted and operational before Christmas. The day before, Wednesday, 11 November, the Taoiseach gave the same undertaking in answer to Deputy Micheál Martin. When I too asked the Tánaiste about it last Thursday, she reiterated an unequivocal undertaking - not a promise but a beyond-doubt undertaking - that the Government will enact one-year bankruptcy legislation and have it signed off by ministerial order, or whatever it takes to have it operational, before Christmas. There are 12 working days left before the recess. To use the Tánaiste's own word, what mechanisms has the Government put in place since last Thursday to make sure this is done before Christmas?

The Minister for Justice and Equality has to bring the report she received from the committee to Cabinet. I anticipate the passage of legislation will then proceed as quickly as possible. I certainly want to see it done before Christmas.

That is not good enough. The Tánaiste is letting down the people of this country with this back-tracking.

I am glad to hear the Tánaiste welcome the agreement reached in the North. However, the question my colleague, Deputy McDonald, asked was whether the Tánaiste's party and the Government support it, not just welcome it.

My question relates to the legislation the Minister of State, Deputy Aodhán Ó Ríordáin, indicates he wants to bring before the House in respect of safe environments for intravenous drug users, particularly heroin users. That legislation will be welcomed by all sides of the House but I am concerned that we are running out of time before the next election. I understand the heads of the Bill have been completed. Will the Tánaiste give a commitment that the legislation will be brought forward and enacted before the Government leaves office?

I welcome the Deputy's support for the proposals the Minister of State has made and into which he has put a great deal of work. The proposal is to be brought initially to the Cabinet sub-committee and thereafter to the Cabinet. I expect it to be brought before the sub-committee quite soon.

Will the legislation be enacted before the Government leaves office?

I do not have a likely enactment date at this point in time.

In the western part of County Limerick, there is a townland called Gortadroma where, for several years, the county council operated a massive and poorly maintained landfill site, to the detriment of the quality of life of people in that community. When the operation was eventually closed, the quality of life in the locality improved. In recent months, however, to the shock of the local community, the council, without any consultation, entered into an agreement with a foreign company which could see the construction of a monster gasification plant in the heart of this rural community. We have had debates in this House on incineration and fracking and there is legislation on some of those areas. Is any legislation proposed to deal with gasification? There is no national policy to protect communities, like that in Gortadroma, from the environmental effects of gasification. I am calling for a debate on this matter and clarification as to whether any legislation will be brought forward to protect communities.

The situation the Deputy outlined is clearly a matter for councillors to bring forward for debate at the council and to present to the chief executive the views and concerns of the local community. I am not aware of any legislative proposals specifically in regard to gasification.

As we all know, Europe is facing a volatile and threatening security situation at this time.

Is there any intention to bring forward the explosives Bill which could have a bearing on that matter?

The sale of alcohol Bill has been promised repeatedly. We expected to have this important legislation before the House before now. Is there any prospect of it being brought before the House in the next session?

Like you, a Leas-Cheann Comhairle, I have been concerned about the agitated state of members of the Opposition from time to time, particularly on the Order of Business.

The Deputy cannot speak for me.

Hence his reference to the explosives Bill.

I would even go so far as to describe it as a hallucinatory state or a state of constant denial. Will the misuse of drugs Bill be considered as a matter of priority to appease them somewhat?

There is no drug capable of sedating the Deputy.

The explosives Bill will be taken next year. The public health alcohol proposals will be brought before the House shortly, while the sale of alcohol Bill will be taken next year.

I welcome the Tánaiste’s statement on legislation to reduce the bankruptcy term to one year. Will she give a more specific date as to when it will be introduced in the House? Her colleague, Deputy Willie Penrose, has had a Bill providing for such a reduction for some time. I know that she is an advocate of reducing the bankruptcy term. Many are waiting for it to happen such as entrepreneurs who want to get back into business. As an avalanche of house repossessions is coming down the tracks, such legislation would give those affected some hope, too.

Deputy Willie Penrose brought forward proposals for a reduction of bankruptcy terms. I anticipate that the legislation will be brought before the House as soon as possible. There is still some work the Minister has to do in bringing the report of the Dáil committee to the Cabinet. Thereafter, it will be done as quickly as possible.

We have heard that 85 times already.

When will the road transport Bill be introduced?

It will be introduced next year.

Earlier the Tánaiste gave a commitment to Deputy Mary Lou McDonald that there would be statements on Northern Ireland next Wednesday. There was no proposal made at last night’s Whips’ meeting in that regard. The schedule for next week is pretty intensive. What will be changed in the business to be conducted next week to facilitate these statements?

I understand it was included in the draft schedule and discussed and agreed to. I can get the Whip to refer back to the Deputy.

May I just ask a supplementary question?

The Deputy has already been in. Perhaps he might ask it next week.

I will be quick. Will the Tánaiste enlighten the House if the differences between the Minister for Communications, Energy and Natural Resources, Deputy Alex White, and the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, have been resolved and when we might have publication of the guidelines for wind energy projects?

Who signed up to them in 2006? Fianna Fáil did.

That was a long time ago. That is why the Government should amend them.

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