Dáil Éireann Debate, Wednesday - 4 June 2014
1. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the legislative provisions in respect of his Department that have been passed by the Oireachtas but have not come into effect to date; and if he will make a statement on the matter. [23710/14]
View answerArising from the recent revelation, which made clear that while the Oireachtas had passed legislation, the Minister for Public Expenditure and Reform had failed to bring it into operation, as a result of which the former Minister for Justice, Equality and Defence, Deputy Shatter, was able to claim his severance payment when he stood down, will the Minister tell me what other legislative provisions in respect of his Department have been passed by the Oireachtas but have not yet come into effect?
The following are the legislative provisions under my remit that have been passed by the Oireachtas and have yet to come into effect. The first is the Construction Contracts Act 2013, the aim of which is to have a new system which will both reduce the non-payment exposure of subcontractors and provide an effective remedy for them should non-payment occur. The Bill passed all Stages in the Houses of the Oireachtas in July 2013 and was signed into law on 29 July 2013. Two further steps are necessary for the operation of the legislation prior to its commencement. The first, a comprehensive code of practice for the conduct of adjudication, has been the subject of consultation with the key stakeholders. The final draft of the code of practice was circulated to stakeholders in March. The second element requires the establishment of a panel of adjudicators and that will be done as soon as the discussions are concluded with key stakeholders.
The other legislative measure is the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014, the main purpose of which, as the Deputy knows because we went through it in some detail here, is to make certain changes to what had become known as the party leader's allowance. The allowance has been payable to leaders of qualifying parties since 1938, to Independent Deputies since 1996, and to Independent Senators since 2001. Sections 1 and 5 of the Act have come into effect. The remaining sections come into effect on 1 July next, as per the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (Commencement) Order 2014, SI 210 of 2014, and the Ministerial and Parliamentary Offices Act 1938 (Sections 10A, 10B, 10C and 10D) (Fixed Day) Order 2014, SI 211 of 2014. Section 6 provides that commencement of the Act would be subject to a ministerial order, or orders, as necessary. As the Act, for the first time, imposes a significant obligation on Independent Members of the Oireachtas to provide substantial information to the Standards in Public Office Commission, I decided to afford the appropriate lead-in time to 1 July for that to happen, and that is why the commencement date for that provision is 1 July.
I know the Minister was very keen to pass the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014. He might explain why he chose not to commence it until such time as he was embarrassed publicly to so do when the Minister, Deputy Shatter, announced his resignation and why he has now chosen to bring the remainder of it into operation in a month's time or so and not on the same date as applied to the ministerial severance payments.
The Construction Contracts Act 2013 has been around for years on end. Senator Feargal Quinn laboured extensively to get it through the Houses of the Oireachtas and many people have been in touch with me in recent times complaining that it has not yet taken effect. As the Minister knows, this is having a detrimental impact on the construction industry because it affects the rules in regard to how contractors and subcontractors will be paid for work. As long as the Minister keeps that legislation in suspension, uncertainty prevails in the industry.
The Deputy asked me two questions. Regarding his first one as to why I did not commence the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act immediately, I engaged in consultation with the affected people. Deputy Catherine Murphy, who is present in the Chamber, will confirm that there is a requirement to have a lead-in time for people to make necessary arrangements. I notified everybody in writing of that fact on 17 April, five days after the President signed the Bill. I wrote to the Deputy's leader on 17 April confirming that legislation would come into effect on 1 July and I never heard a word about it objecting to, or demurring, that.
In regard to the Construction Contracts Act, which is important legislation, credit is due, as the Deputy rightly said, to Senator Feargal Quinn for the Trojan work he did. I decided to take that work on. It required very substantial amendment and Senator Quinn worked with us in doing that. We have enacted it but there are real issues to be agreed by all the stakeholders and it is the stakeholders who have been engaged in that process. I want to commence this Act as soon as is practicable.
I had a quick look through the various items of legislation that have been passed by the Minister's Department since he came into office. He might tell us - if he does not have the answer to hand today, he might send it on to me - when he commenced the operation of the legislation providing for a national lottery regulator. If he does not have the answer to that on file with him he might forward it to me. The lottery has now been privatised and the legislation in that respect provides for the regulator.
The Financial Emergency Measures in the Public Interest Act 2013 was to threaten public servants to pass the Haddington Road agreement.
Now that the agreement is in place, has the Minister implemented all the measures within that Act, or are they in abeyance, ready to be implemented at a later date if, as the Minister or perhaps some of his colleagues might predict, public servants do not adhere to the agreement?
Will the Minister comment on the status of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 in the context of the failure thus far to initiate a banking inquiry?
I have indicated the two Acts that have not commenced and the reasons for that delay. In regard to the National Lottery Act 2013, my recollection is that it was brought fully into effect on the day the national lottery contract was signed.
The establishment of a banking inquiry is nothing to do with me. Under the terms of the relevant Act, it is a matter solely for the Houses of the Oireachtas, and it would be quite improper of me to impose my view on the Oireachtas in this matter.
