It is proposed to take No. 12, Supplementary Estimate for Public Services - Vote 35, back from committee; No. 1, Residential Tenancies (Amendment) (No. 2) Bill 2012 - amendments from the Seanad. It is proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 9 p.m. and adjourn not later than 10 p.m.; (2) No. 12 shall be decided without debate and any division demanded thereon shall be taken forthwith; (3) Private Members’ business which shall be No. 71, Rent Certainty and Prevention of Homelessness Bill 2015 – Second Stage, which shall be taken not later than 8.30 p.m., shall adjourn after 90 minutes and shall, if not previously concluded, be brought to a conclusion after 90 minutes tomorrow night; tomorrow’s business after Oral Questions shall be: No. 1, Residential Tenancies (Amendment) (No. 2) Bill 2012 - amendments from the Seanad, resumed; No. 34, Health Insurance (Amendment) Bill 2015 - Order for Report Stage and Report and Final Stages; No. 35, Harbours Bill 2015 - Order for Report Stage and Report and Final Stages; and No. 36, Equality (Miscellaneous Provisions) Bill 2013 [Seanad] - Committee and Remaining Stages.
Order of Business
There are three proposals to be put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with No. 12 agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.
Yesterday the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, signed the commencement order for the financial emergency measures in the public interest, FEMPI, legislation, but there is much confusion in terms of the unions that did not sign up to the Lansdowne Road agreement. As the Taoiseach is aware, members of the ASTI, the TUI and the Association of Garda Sergeants and Inspectors voted to reject the proposals. The question now arises as to how their members will be treated from January when the agreement comes into force. As a result of the commencement order being signed, will the Taoiseach confirm that the members of the three unions will not lose out on incremental pay rises due next year? Will he also confirm that secondary schoolteachers will receive their €1,600 in supervision and substitution allowances which are due to be introduced in two phases next year? The Taoiseach will agree there is no precedent in the State's history for treating public sector employees differently, based solely on union membership.
Given that more than 100,000 families are still in mortgage arrears, it is surprising and very disappointing that no fines or other financial penalties have been imposed on banks found to be in breach of the code of conduct on mortgage arrears. The code is far from perfect, but it does offer a level of protection to borrowers who are in difficulty with their mortgages, and banks and financial institutions should respond accordingly. It is a very weak approach so far. The Central Bank's report in June found a litany of breaches of the code of conduct on mortgage arrears. Some of the instances were very shocking, for example, in terms of lenders continuing with legal action against their customers although they had already agreed repayment deals. Will the Taoiseach confirm that he finds that behaviour shocking? When will the financial services (miscellaneous provisions) Bill be published?
In the programme for Government, the Taoiseach committed to introduce legislation on a tenancy deposit protection scheme to put an end to disputes concerning the return of deposits. The Residential Tenancies (Amendment) (No. 2) Bill is to be debated in the Dáil tomorrow. Will the Taoiseach confirm that legislative commitment in the programme for Government will be introduced either via amendment or by other means in the context of the Residential Tenancies (Amendment) (No. 2) Bill?
We have all received correspondence concerning the review panel established by the Minister for Justice and Equality.
Some 320 cases were referred to the review panel set up by the Minister, to review cases where families believed a miscarriage of justice had occurred or that gardaí did not act appropriately in their individual cases. Some have received notification that their cases are closed but many more have not been contacted at all. There is a great deal of stress as a result of that. People are anxious, disillusioned and frustrated with the entire process. The criminal justice (victims rights) Bill could help in this regard. Will the Taoiseach give any indication when the process regarding the review panel will be completed and when that legislation will be introduced?
The criminal justice (victims rights) Bill is due to go through this session. In respect of the panel, the Minister for Justice and Equality has started to respond with letters to the personnel involved. As I am aware, and I will confirm this to the Deputy, the number of cases where further action is recommended is quite small. Not everybody will be pleased with that given the nature and length of time many of these cases have been through different fora, but I will confirm that for Deputy Micheál Martin.
I will come back to the Deputy in respect of his question about members of unions who voted against the financial emergency measures in the public interest, FEMPI, legislation, although that Bill has gone through. I am sure that was referred to at some point during the course of the discussion.
Also, in respect of the Residential Tenancies (Amendment) (No. 2) Bill, I am not sure of the range of amendments that are down on that to be dealt with tomorrow, but I will confirm the position for Deputy Micheál Martin.
It is a programme for Government commitment.
Yes, I am aware of that.
Tá ceist amháin faoi Climate Action and Low Carbon Development Bill. Tá ceist eile on the promised emergency legislation in respect of the commission of investigation into the IBRC. The Taoiseach's promised to establish a citizens convention to discuss changes to the Eighth amendment of the Constitution.
On the Climate Action and Low Carbon Development Bill, yesterday the Taoiseach told the Paris Climate Change Conference that he wants an ambitious and binding agreement that ultimately, will limit global temperature. At the same time, however, he confirmed that the State will not meet the previous goals for a 20% reduction in emission targets for 2020. It is reported that we have only achieved a miserly 5% reduction, and this will cost the State €600 million in fines. In the light of those clearly contradictory positions and the importance of the Paris conference for this and future generations, will the Taoiseach agree to a Dáil debate on the Paris conference before Christmas? I asked the Taoiseach this question last week and again he did not answer it. Will he also confirm that the Climate Action and Low Carbon Development Bill will be brought to the Dáil next week?
On the issue of emergency legislation in respect of the commission of investigation into IBRC, the Taoiseach will recall that he refused to accept responsibility for the chaos around the setting up of the commission. He also refused to publish the legal advice from the Attorney General upon which the commission was established. It is clear that the Attorney General and the Government missed the issues involved entirely or, as is my submission, the Taoiseach did not want to have a proper investigation into these matters. However, he said in response to my question that he expects to bring to the Government a response taking into account all the parties' views next Tuesday. Was the issue discussed at this morning's Cabinet meeting, and what steps does the Government intend to take to put in place a proper legal context for the creation of the commission to allow it get on and do its work?
At the weekend the Taoiseach said he is planning to establish a citizens' convention to discuss changes to the eighth amendment to the Constitution. Sinn Féin supports changing this article but there are already four outstanding reports from the Constitutional Convention that have yet to be even debated in the Dáil. Now, despite the Government being in clear breach of the timetable it set itself for these, the Taoiseach is announcing another convention. Last March he told me - we are now into December - that all the matters arising from these reports have been completed by the relevant Departments. All the delegate citizens who came together in the Constitutional Convention did such a good job and the relevant Departments scrutinised all of this, but still we have not had debates here. Will the Taoiseach give a commitment that these reports will be discussed before this Dáil concludes for an election, and will he consider meeting the Opposition leaders, but on a proper clár or agenda, to discuss any new constitutional or citizens' convention to agree a format and maximise the potential for positive change?
In respect of the question of debates arising from the Constitutional Convention, I gave the Deputy an undertaking that we would have that debate before the House rises, and we will do so.
That response is meaningless.
Hold on, this is not Question Time.
Deputy Gerry Adams asked me a question about the Constitutional Convention reports that were not discussed here. I gave him an undertaking that we would have those debates before the House rises for this session and we will do that.
In regard to the question of the climate change Bill, the amendments from the Seanad will be taken on Thursday morning here in the Dáil and I would expect that the Deputy will be able to make reference to the question of the meeting in Paris of the different political leaders and the roadmap set out for climate justice, climate change and so on.
In regard to IBRC, the Government did consider that this morning. There are a number of issues involved. First, I thank the leaders of the Opposition parties for the letters I received from them but the question of confidentiality, the issue of legal privilege, access to information from the Central Bank and the Stock Exchange, the revisions to the terms of reference, the definition of capital loss, the liquidation of Siteserv plc, conflicts of interest in the appointment of an additional member to the commission, the management of the workload, the resources required and the timeframe for reporting are all matters that were raised in the interim report of Mr. Justice Cregan and which in many cases were referred to by the Opposition parties in their response. I have considered all of these issues and arising from that as there are clearly a number of difficulties and complications, I intend to set out, as I see it, what they are, in writing, later this week for the Opposition leaders. We then need to meet on that issue with an opportunity for the Deputies to give their views as to how the wish of the Government and the Oireachtas can be followed through to achieve our intention of having complete transparency and accountability about the questions that were raised and about the reason for the commission being set up in the first place.
In regard to the matter of the eighth amendment to the Constitution, I was referring here to individual party positions and I have set out what my own party's position will be. Clearly, if the people decide to re-elect the Government, as is their prerogative to do so or not as the case might be, it would be, of course, appropriate that there would be a full-scale involvement of everybody in respect of any formation of a citizens' assembly or citizens' convention.
In the light of the revelations made in the recent weeks about pay in certain organisations, under promised legislation, the broadcasting (amendment) Bill, No. 70 in the Government's legislative programme, is due before the House. When is that Bill expected to be published? Does the Taoiseach agree that now is the opportune time for all semi-State bodies to publish exact details of what they pay their individual employees and contractors?
That Bill is due for publication next year.
As we approach the end of the year, a range of departmental Estimates have been published recently. During questions to the Taoiseach's earlier, reference was made to a public meeting held in Ballymascanlon Hotel in Dundalk at which the following issues were raised, namely, the availability of resources for the Garda, the number of gardaí we will have and the availability of resources for enhanced technology to cope with the severe crime levels in different parts of the country.
When will the Taoiseach avail of an opportunity to outline what will be done to tackle crime levels generally, not just in the Border counties but right across the country?
The Deputy was in this Chair long enough to know what he can raise on the Order of Business. A question on promised legislation, please.
The Garda authorities which were questioned clearly indicated that crime was a huge problem that needed to be confronted and resources were urgently needed.
We have had a number of debates about this. I am sure the Deputy was happy at the meeting in Ballymascanlon to point out that €200 million would be allocated to the Garda for information sharing and information capacity enhancement. We have joined the Schengen information system, which will mean every garda on the beat will have that information. The college in Templemore is open with 600 people to be recruited next year. Money has been allocated for proper vehicles and facilities for gardaí to do their job. These issues are discussed and commented on by the Minister for Justice and Equality and the Garda Commissioner.
What legislation are we talking about?
I do not know - Ballymascanlon legislation.
Thank you very much. I just wanted to clear that up.
On the opportunity for a debate, we will have it at some stage.
With regard to promised legislation, I would like to ask about progress on the housing (regulation of approved bodies) Bill. This relates to the various bodies that can undertake the construction of public authority housing or private authority housing. Could the Bill include a provision whereby local authorities could be eligible for consideration as approved bodies?
Another issue that has begun to gain air time recently is the apparent hardening attitude among the banks in respect of outstanding mortgages in particular cases where borrowers have consistently striven to meet their payments. In such cases, they should have been entitled to favourable treatment at this stage, but that has not necessarily been the case. In the context of the Central Bank consolidation Bill, could there be a review of the situation with a view to ensuring borrowers who have made consistent efforts to discharge their debts are given helpful treatment?
In respect of the first question, the heads of the Bill were cleared in September and it will be next year before the legislation is published. There is no reason, as has applied for many years, local authorities should not be in the business, or getting back into the business, of building houses. I recall as a member of a local authority there always being a serious housing development programme before the approved housing bodies came along. That Bill will be published next year.
There is no date for the publication of the Central Bank consolidation Bill. The issue the Deputy raised has been dealt with in a number of other ways.
On 25 November, I raised with the Taoiseach the issue of supervising injecting centres and I received a response from the Minister of State at the Department of Justice and Equality, Deputy Aodhán Ó Ríordáin. He outlined that he proposes to include additional heads in the misuse of drugs (amendment) Bill, which is being drafted by the Office of the Parliamentary Counsel. He goes on to state, "It is expected that the Bill will be published in early 2016," but he could not say for certain whether it would be enacted before the dissolution of the Dáil. This is an urgent matter. As the Minister of State stated in the letter, "The practice is unhygienic and poses a significant health risk to the drug users and through the discarding of needles, also poses a significant health risk to the general public." Can I have clarification on whether this Bill will be enacted before the dissolution of the Dáil?
No, it will not be enacted before the conclusion of this session of the Dáil. It is an important Bill.
Just not important enough.
It is due for publication next year and the point the Deputy made is that the Minister of State has referred to additional heads being inserted in the Bill. It will, therefore, not be enacted before the end of this year.
With regard to the criminal justice (sexual offences) Bill, last night's "RTE Investigates" report on the control by criminal gangs of prostitution across this island was devastating. It was a remarkable four-year investigation. Will the Taoiseach get this legislation through these Houses before Christmas and make sure that across the island of Ireland those who believe they have the right to purchase the bodies of vulnerable women will face criminal sanction and the women who find themselves in this situation will have all criminal sanction against them quashed?
That Bill is on Committee Stage in the Seanad.
I asked whether it will pass through both Houses before Christmas.
The Government Chief Whip and the Deputy's party Whip can discuss this at the Whips meeting. There is quite a list of Bills that we would like to get through. Obviously, Members have a right to have their say but, in so far as is possible, I would like to see as many Bills as possible put through both Houses. Time is getting short, as the Deputy will understand.
The Taoiseach said earlier with regard to legislation and proposals on IBRC that Opposition Members wiould be allowed give their input into how they feel this should be constructed. Other Members should be given that opportunity also. It has been dealt with by the Committee of Public Accounts. We have found out since last week that €3 million has been asked for by the end of 2016. If the Taoiseach is correct in saying it could take to eight years, that is too much money in some people's opinion and there should be a time limit as well as a spending limit put on this.
The internal opposition should be consulted.
The Deputy should talk to Deputy John McGuinness.
Every Member should be informed of the assessment of the difficulties as outlined by the judge in so far as the Oireachtas can deal with this and I would like to have the views of as many people as possible.
With regard to the need to implement laws enforcing sanctions to prevent and reduce the levels of noise nuisance, when can we expect the noise nuisance Bill to be brought before the House for debate?
I am not too sure whether the Deputy heard me the last time. We will have to wait for that until the new year.