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Dáil Éireann debate -
Tuesday, 5 Jul 2016

Vol. 916 No. 2

Order of Business

We shall proceed to the Order of Business. I call the rapporteur for the business committee, Deputy Michael Moynihan, to announce the business for the week and to move the proposals for taking business.

Today’s business shall be No. 11, financial resolution for the Paternity Leave and Benefit Bill 2016, No. 12; motion re the technical amendment of the terms of reference of the Committee of Public Accounts; No. 13, motion re the terms of reference of the Joint Committee on European Union Affairs; No. 14, motion re the referral of Government Bills to select committees, and No. 15, motion re the referral of Private Members’ Bills to select committees. Government business shall be No. 22, post-European Council statements. Private Members’ business shall be No. 28, Banded Hours Contract Bill 2016 - Second Stage, sponsored by Sinn Féin.

Tomorrow, the first item of business shall be the selection of a candidate for Leas-Cheann Comhairle. Government business shall be No. 16, motion re section 44 of the Criminal Justice Act 1994, and No. 5, the Misuse of Drugs (Amendment) Bill 2016 [Seanad] - Second Stage. Private Members’ business shall be No. 87, motion re rural broadband, in the name of the rural independent group.

Thursday’s business shall be two motions: the election of the Leas-Cheann Comhairle and No. 27, Estimates, back from committees. Government business shall be the Misuse of Drugs (Amendment) Bill 2016 [Seanad] - Second Stage, and No. 17, the report of the Committee on Housing and Homelessness, which will be taken in the afternoon slot.

Friday’s Government business shall be No. 10, Commission of Investigation (Irish Bank Resolution Corporation) Bill 2016 - Second Stage, and No. 22b, statements on financial emergency measures in the public interest.

There are four proposals relating to today's business. It is proposed that:

(1) the Dáil shall sit late and will adjourn on the conclusion of Private Members’ Business;

(2) Nos. 11 to 15, inclusive, the motions, shall be taken without debate and any division demanded on those motions will be taken immediately;

(3) No. 22 shall commence immediately after Taoiseach’s Questions, will be followed by Question Time, and will conclude after two hours and 25 minutes, if not previously concluded, with the Minister or Minister of State and the main spokespersons having 15 minutes each, the Minister or Minister of State taking questions for a period not exceeding 20 minutes, there being a five minute response from the Minister or Minister of State, and on which all Members may share time; and

(4) No. 28 shall be taken immediately after Topical Issue Matters and shall be brought to a conclusion after two hours, if not previously concluded.

There are three proposals relating to tomorrow's business. It is proposed that:

(1) the Dáil shall sit at 10 a.m.;

(2) on the conclusion of the secret ballot for the Leas-Cheann Comhairle, the sitting will suspend until 12 noon; and

(3) No. 16 shall conclude within one hour if not previously concluded, with the Minister and the main spokespersons having five minutes each, all other Members having five minutes each, there being a five minute response from Minister or Minister of State, and on which all Members may share time.

There are six proposals relating to Thursday's business. It is proposed that:

(1) the Dáil shall sit late and adjourn after the debate on No. 17;

(2) any division demanded on the election of a candidate for Leas-Cheann Comhairle shall be taken immediately;

(3) No. 27 shall be taken immediately after questions on promised legislation, the Estimates shall be moved together and decided without debate by one question, and any division demanded shall be taken immediately;

(4) No. 5 shall take place immediately after voting time to adjourn at 5.30 p.m., if not previously concluded;

(5) Question Time shall take place at 5.30 p.m. or on the conclusion of No. 5, whichever is earlier; and

(6) No. 17 shall be taken for two hours this week and two hours next week in this slot.

There are three proposals for Friday's business. It is proposed that:

(1) the Dáil shall sit at 10.30 a.m. and shall adjourn on the conclusion of No. 22b or at 5.30 p.m., whichever is earlier;

(2) No. 10 shall be adjourned not later than 3.30 p.m., if not previously concluded, and any divisions demanded thereon shall be taken next Tuesday after the Order of Business; and

(3) No. 22b shall be taken on the conclusion of Second Stage of No. 10 or at 3.30 p.m., whichever is earlier, and the following arrangements shall apply: the Minister and the main spokespersons will have 15 minutes each, all other Members will have five minutes each, there will be a five-minute response from the Minister or Minister of State, and all Members may share time.

There are four proposals to put to the House today. Are the proposals for dealing with Tuesday’s business agreed to? Agreed.

I take it there may be amendments to tomorrow's business?

There may. Are the proposals for dealing with Wednesday’s business agreed to? Agreed. Are the proposals for dealing with Thursday’s business agreed to? Agreed. Are the proposals for dealing with Friday’s business agreed to? Agreed.

I very much welcome the opportunity to have a debate rather than statements on the financial emergency measures in the public interest, FEMPI, legislation. I would have thought, however, having come this far, that the House would allow motions to be put on the legislation and vote on them, rather than just statements. Given that we have no democratic control over this important issue and its implications for tens of thousands of public sector workers’ pay, we should at least express our sentiments through a motion and have a vote showing where the political parties stand on their relationship with the public sector and the penalties that will be imposed on it through this legislation.

If the Deputy asks a representative on the business committee to raise it in the morning, it can be discussed and we can come back with a proposal.

I will ask a representative to do that.

Over the past month we have all sympathised with those affected and condemned the attacks in Orlando, where 49 people were shot dead, and today we have had a minutes’ silence for the 157 people who were ruthlessly and needlessly murdered by suicide bombers in a truck on a busy commercial street in Baghdad a couple of days ago. There are still 12 people missing and many more on the critical list. Can the Taoiseach indicate whether the Minister for Foreign Affairs and Trade is in a position to allocate additional funding from our aid programme to non-governmental organisations providing humanitarian assistance to the communities there, and whether a supplementary Estimate is required? We have all been struck by the scale and randomness of attacks across the globe by ISIS and other extremist terrorist organisations, which are taking an enormous toll on human life. We need to be mindful of that with our European Union colleagues. I know the Tánaiste and Minister for Justice and Equality is.

The latest announcement by the United Kingdom that it plans to reduce its corporation tax rate to 15% has implications for Ireland and for the ongoing competition to attract foreign direct investment. Up to 187,000 people work in companies assisted by IDA Ireland. I understand that the knowledge box proposal is before the European Commission. It is interesting that Britain forged ahead with a knowledge box some years ago without the Commission’s approval and that was being considered. In light of the competition that is about to develop, can the Taoiseach indicate where we are in respect of our proposals to develop a knowledge box and to create an incentivised tax framework for attracting research and development activities to the country? The Minister for Finance would have known about this some time ago in previous budgets.

Notwithstanding the importance of the issues the Deputy is raising, we cannot get into a debate on them.

I appreciate that, but this is on the legislation. My third item relates to the following commitment in the programme for Government: "We will take all necessary action to tackle high variable interest rates; including through establishing a new code of conduct for switching mortgage provider".

In the latter case, this morning, the Cabinet approved a proposition for a new service to be provided, to be funded over the next three years by the Department of Public Expenditure and Reform, dealing with a code of conduct and the particular difficulties that have arisen with the number of mortgages in respect of which there has been no contact whatsoever with lending institutions for quite some time. A presentation made by the Ministers for Justice and Equality and Social Protection is designed to deal with quite a number of issues surrounding mortgages and the provision of a new service, including dedicated courts with named judges and days to deal with cases that come before the courts. The Government approved that today.

In respect of the 6.25% knowledge development box, it is the first that will be fully compliant, arising from the OECD analysis of corporate tax. That is following its way through to being approved and introduced. The 2015 Act introduced a knowledge development box in respect of inventions not patent protected but certified by the controller of patents, designs and trademarks as novel, non-obvious and useful. The Act provides a statutory basis for the certification scheme. I will advise Deputy Martin of the progress being made by the application for approval in respect of the knowledge development box.

In respect of the tragedy in Baghdad which, as the Ceann Comhairle said, was the slaughter of innocent people, I am sure the Department of Foreign Affairs and Trade has reflected on the situation in terms of humanitarian aid. I will advise Deputy Martin of the response of the Minister for Foreign Affairs and Trade.

During Leaders' Questions I asked whether the Taoiseach would call a meeting of leaders to discuss the proposition for a post-Brexit forum. He did not give me an answer. Given that he supports the idea, as do three of the leaders who have spoken on it, he should meet us.

The Government recently told us that waste companies had agreed to freeze the introduction of pay-by-weight charges for 12 months. I understand since then that Greyhound has said it will automatically transfer customers to a pay-by-weight charge unless they opt out and choose to remain with their current price arrangements. Greyhound services 250,000 customers in Dublin. What action will the Government take to protect the rights of these customers? Will it insist that Greyhound abides by the agreement reached with the Minister?

Will the Taoiseach support Second Stage of the Banded Hours Contract Bill, which will be taken today during Private Members' time? There must be a problem with the Taoiseach's mail, because Deputy David Cullinane wrote to him a week ago but did not get an answer.

The Government established an expert commission on water charges, the chairperson of which made a series of comments that are unacceptable from the chair of a committee established to independently evaluate water services and water charges. I put it to the Taoiseach that he should ask Joe O'Toole, the chairperson of the commission, to resign.

Deputy Adams, there is a long-standing tradition that during the Order of Business we do not return to matters raised during Leaders' Questions.

On a point of order, how do we get an answer to a very straightforward question?

I am sorry, I cannot help the Deputy.

The Bill proposed by Deputy Cullinane would cause enormous complications if presented in the way he has set out. It would have very serious cost implications for small and large firms. With respect to Deputy Cullinane, his Bill is not acceptable because of the enormous range of difficulties it would create. The Deputy may have good intent, but what is presented in the Bill goes way beyond that in terms of its implications.

I expect that the companies involved in waste collection will abide by the code of conduct and regulations set out by the Minister.

I did call the leaders of the Opposition groups together in respect of the referendum and will do so again and update everybody. The Deputy will have an opportunity to raise the issue about a forum at that point. Was there a further point?

Yes, the expert commission on water charges.

I have already said that Joe O'Toole was an exemplary public servant for many years. He wants an acceptable process to apply with integrity and credibility. I understand that he will issue a statement later in the day.

I thank the Taoiseach. I call Deputy Brendan Howlin.

I understand from media reports that the Government decided to fund the roll-out of broadband with a model called the gap funded model, which I understand from the "News at One" entails a 26-year contract and that the network will be privately owned at the end of the 26 years. It is very redolent of the way we built the west link toll bridge when the Government ended up buying back the toll bridge after 26 years, amazingly enough, for €600 million although it cost €36 million to build. When in Government we had an agreement that we would safeguard the delivery systems of vital infrastructure such as gas and electricity and protect those networks. Will the Taoiseach agree the broadband network is as intrinsically important to the State as gas or electricity? Is this decision of Cabinet irrevocable? In the new minority Government situation can we have a debate about it in this House? Will the decision be communicated to the House by way of a debate, motion, or legislation?

The Cabinet approved the recommendation of the Minister for Communications, Energy and Natural Resources this morning on a form of ownership of the network that will be the most cost efficient in terms of savings to the State of about €1 billion over the period. This is not a publicly owned network as the Deputy is aware.

This is an extension of a network that is privately owned. Obviously the important issue here is that independent regulation will allow for full use and access for the benefit of consumers in respect of that. There was quite a deal of discussion between the Minister for Communications, Energy and Natural Resources and the Minister for Public Expenditure and Reform on the various models being put on the table in respect of a decision being made. Cabinet decided this morning on a particular model of ownership.

Can we be involved in that discussion?

I do not object to the matter being discussed either in committee or in the House whenever either the business group or the Whips so decide.

I welcome the Commission of Investigation (IBRC) Bill which is listed on the Order Paper for Friday. I had understood it would be debated in parallel with agreed changes to the terms of reference. When will the terms of reference be published? Is it still the intention that the two will be debated at the same time?

Sorry, Deputy Murphy, to which legislation are you referring?

I am asking if the IBRC legislation and the terms of reference for the inquiry are to be debated at the same time. We have seen the legislation but not the terms of reference for the inquiry.

We committed to try to get this legislation into the House as quickly as possible. I will have to advise the Deputy on the question she raised about the terms of reference. As she will be aware there were a number of detailed conversations about getting the Bill approved by Cabinet and bringing it on to the floor of the House. We wanted to do that as early as possible. I will revert to the Deputy about the terms of reference.

I do not know if the Taoiseach has seen the new report today from Social Justice Ireland. I will outline its main points.

We cannot do that.

If the House is going to deal with it, it is very important. According to Social Justice Ireland the recession has pushed 100,000 more people into poverty, 750,000 people live below the poverty line in the Republic and one in five children live in households with incomes below the poverty line. Obviously the recession is having a huge impact in this country. It is incredible that since 2008, 300 individuals in the State have grown their wealth by €89 billion.

On the one hand, we have 300 individuals who since 2008 have grown their wealth by €89 billion while on the other we have 750,000 people in this State living below the poverty line.

Is the Deputy referring to a piece of legislation or to something in the programme for Government?

It is in legislation. That has happened over eight years, when Fianna Fáil was in government and Fine Gael was in government-----

I am not disputing the facts, but what is the Deputy referring to? Is it the programme for Government or a piece of legislation?

It is proposed legislation. We have to address this issue because this is a social cancer.

To what promised legislation is the Deputy referring?

First, it is to address poverty in this country, but also to address the fact that 300 individuals have acquired €89 billion since 2008. That is absolutely criminal.

Taoiseach, is there legislation?

The Government has to address that. Citizens in this country are suffering because of it. They are not the collateral damage of austerity. This is the human face of austerity and the Government's ideology.

Is there legislation promised?

No, but I am glad to report that there is a continuing drop in the number of unemployed people, a continuing rise in the number of employed people and generally an improvement in the prosperity of the country. Obviously, we want to have an opportunity for so many more people who do not have gainful employment to achieve it. That is the best route out of poverty, as Deputy Kenny is well aware.

Can the Taoiseach address this?

I listened to Deputy Moynihan read out the business, but I was not certain that it included a possible debate on the Ibrahim Halawa case. I know from a meeting earlier that there is a hope to hold that debate. Do we have to amend the Order of Business tomorrow morning to make that happen?

That is the way we will do it.

I congratulate the Taoiseach and the 11,000 people who cycled the Ring of Kerry at the weekend.

On building engagement between the Government and regional airport management, the Government will seek to invest an additional €10 million to intensify efforts to properly prepare our regional airports for a future where they can operate on a stand-alone commercial basis. This new investment will be in addition to the €28 million already committed. As the Taoiseach knows, this is in the programme for Government. What proposals does he have in place to provide increased additional funding to Kerry Airport in Farranfore, County Kerry?

I thank the Deputy for his comment. I think I saw a white van parked discreetly but conspicuously beyond the Dooks golf club on the side of the road, with the name of a public representative on it. Even on Saturdays, Deputy Healy-Rae is active.

As someone said, there is nothing wrong with the Taoiseach's eyesight.

Deputy Healy-Rae will be aware of the Minister's decision a couple of years ago to continue the public service obligation for Kerry Airport, which is of immense help to it for its connections and air traffic numbers passing through. That is a matter for continual monitoring and we hope that Kerry Airport will continue to improve in visitor numbers.

There is a commitment in the programme for Government to increase funding for home helps and home care packages progressively. In the mid-west area, funding for home help and home care packages this year has been exhausted. It has run out since the end of March. People are getting letters on a constant basis saying that they are entitled, but there is no money there. When will this extra funding be provided?

Deputy O'Dea is aware that this has applied in a number of locations around the country. An extra €500 million was allocated and I think €40 million is to go into that area, with €10 million for home helps and home care packages. The Minister has said that this money is on its way and that they should be making arrangements to meet demand. I take Deputy O'Dea's point and his is not the only location where the funds in place for those important packages have dried up. The Minister is aware of it and has issued his instructions. We hope it will not be too long.

Before I ask my question, I highlight that it could be construed that I may have a conflict of interest, as I have a family plant hire business involved in different projects around Kerry and Cork maybe as well.

Are the Taoiseach and the Minister for the Environment, Community and Local Government aware that many group water schemes have been on the list to be taken in charge for many years? These group schemes are now in dire need of attention. Heretofore, the Department provided funding to bring these group schemes up to scratch. In order that fair play will be seen to be carried out, I ask the Taoiseach what funding is in place to do this. In Clanmorris, north Kerry, there is a large group scheme with 1,300 customers, while there are more than 2,000 customers in the central group scheme around Tralee. I also want to make the Taoiseach aware that in one of these group schemes people have been paying residential water charges. There is a serious matter to be addressed here, so I am asking the Taoiseach to provide funding so that everyone will be on a level pitch.

Before this Oireachtas is over we will know every townland in Kerry.

Can we have order please? There are a lot of other speakers trying to get in.

With due respect to the family plant hire business of the Healy-Raes, some of the group water schemes - although, of course, not in Kerry - were put in place by contractors that did not measure up to the standard. That is the reason they have been in trouble for a long time.

The Deputy is aware that the Government and the Department had a scheme to put local group schemes together, to measure up to standards where metering was installed, where water was saved and costs were reduced. People were much happier as a consequence. That scheme is continuing. I assume that if the Deputy contacts his local authority together with Irish Water and the Department's housing and planning unit, they will indicate the strategy for schemes that are intended to be brought up to standard so that people can have a high quality system.

I want to raise an issue arising from page 89 of the programme for Government, which refers to school transport. At the moment, the school transport section is undertaking a review of all bus routes. This was carried out three years ago in 2013. It has come to my attention that quite a number of people will be displaced because of this. I am aware that some young children may have to move to another school probably 14 km or 15 km from where they currently attend school.

As a former teacher, I am sure the Taoiseach will appreciate that it is wrong to move children in years three or four in secondary school, which are exam years, to new schools with different teachers and students. This matter should be addressed. If children have to attend a certain school, that should happen before they start going to school, not in the middle of their school years.

The Minister for Education and Skills, Deputy Bruton, might be able to answer that question.

The Minister of State, Deputy John Halligan, is dealing with school transport. As the Deputy knows, he has indicated that a review of school transport is being undertaken. It is certainly his objective to minimise any disruption that would occur to any pupil. That is his objective and he will be reporting back in due course. He has answered parliamentary questions in the House recently and will be happy to answer any additional questions.

He is aware of the constitutionality of primary education.

Can we have order for Deputy Nolan please?

The disability-equality (miscellaneous provisions) Bill allows for the ratification of the UN Convention on the Rights of People with Disabilities. The legislative programme clearly states that pre-legislative scrutiny will commence on this Bill, but can the Taoiseach advise us as to when this pre-legislative scrutiny will commence?

I understand that that has been referred to the committee so it should not be very far away now.

The criminal legal aid Bill is promised legislation. May I ask the Taoiseach whether the heads have been cleared and when it is scheduled to come before the House?

Similarly, the bail Bill is also promised legislation. Has that been cleared to come before the House and, if so, when is it likely to come before us?

The knowledge development box also comes under promised legislation and has implications concerning corporation profits tax. When is that Bill likely to come before the House?

The heads of the criminal legal aid Bill are expected in September, and the bail Bill will be in this session. I have referred to the question of the knowledge box at 6.25% and I will advise the House, including Deputy Micheál Martin and Deputy Durkan, of the progress being made on that.

Can the Taoiseach inform the House if the Cabinet has made a decision to appoint his chief economic adviser to the position of vice-president of the European Investment Bank? Does the Taoiseach intend to inform the House of that? Given that this will cause a vacancy at a crucial time in the Taoiseach's office, given the consequences of Brexit - he will not have a chief economic adviser from the autumn - does he intend to replace that person? Does he intend this time to keep within the pay cap agreed in the programme for Government?

The Government appointed Mr. Andrew McDowell this morning to a position which becomes available to Ireland as one of four countries every number of years. Ireland is placed with Greece, Romania and Denmark in respect of having a presidency of the European Investment Bank. After a process of public application and interview, the appointment has gone to Mr. Andrew McDowell. In my experience, I have to say that as an economic adviser in the Department of the Taoiseach, he is a truly outstanding person and more than capable of doing an absolutely first-class job of representing Ireland at the European Investment Bank.

Would the Minister, Deputy Shane Ross, agree with that?

May I add a point?

No you cannot.

Irreplaceable.

That concludes questions on the Order of Business.

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