It is proposed to take No. 10, motion re referral to joint committee of proposed approval by Dáil Éireann for a Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law, and No. 2, the Finance Bill 2008 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that No. 10 shall be decided without debate. Private Members' business shall be No. 29, motion re the health services.
Order of Business.
There is one proposal to be put to the House. Is the proposal for dealing with No. 10 without debate agreed to? Agreed.
Have the Taoiseach and Tony Blair sent out a DVD to Senator Clinton to help her in the Super Tuesday contest? I had some telephone calls from the United States, wondering whether the Taoiseach might lend himself to that cause.
A Deputy
It is payback time.
Senator John McCain is also a good friend of mine.
What about Senator Obama?
Yes, he is from Kilkenny.
They are all friends of Fianna Fáil.
A Deputy
Did he give the Taoiseach a dig-out?
The Taoiseach was always a man for both sides.
Deputy Kenny without interruption.
Will the Taoiseach comment on the fact that the killer of Detective Garda Jerry McCabe was released without his family being informed? That should have happened as a matter of pure courtesy.
If I understand correctly, the Minister for Justice, Equality and Law Reform expects the sale of alcohol Bill to be introduced by the end of March. That is a short timeframe for legislation dealing with such a sensitive issue. It is listed on the Bills to be published.
There is a great deal of confusion and anxiety among people whose relatives are in long-stay institutions. No. 13 on the legislative programme is the long-stay residential health care Bill. Is that likely to be published in the next several weeks so that it can be taken in the House and dealt with in committee?
The Minister is anxious to press ahead with the long-stay residential Bill. However, there are some legal difficulties that must be clarified and consultations must take place with interested groups. I understand that is happening.
Will it be some weeks before the Bill is published?
Yes. The Minister is anxious to deal with it. There is a strong consensus among the interested parties that the proposed legislation will be beneficial to them. They want it enacted quickly. We will try to deal with both sides of the debate as quickly as possible.
The sale of alcohol Bill will not be published before the summer. The legislation includes more than 200 heads and I understand it will be the autumn before it is ready.
Will the Minister do anything in the meantime about the explosion in the use and abuse of alcohol? There are so many outlets at which alcohol can be purchased. Is the Minister considering some action short of the Bill itself?
Yes, the Minister has set up an advisory group under the chairmanship of Dr. Gordon Holmes to consider the huge expansion of the sale of alcohol in garages and retail outlets, including supermarkets. I am not sure if that examination has already started but the group is due to begin its work.
I acknowledge the sensitivities of the families of the late Detective Garda Jerry McCabe and the injured Detective Garda Ben O'Sullivan. A protocol was agreed some years ago whereby any issues relating to these cases would be communicated by the prison authorities to the Garda authorities who would, in turn, inform local gardaí, with the latter communicating the information to the families. It is my understanding that this protocol was followed.
I suppose there is no truth in the rumour that the Taoiseach was in O'Neill's of Suffolk Street this morning for the voting in the United States primary and that he showed both candidates his ballot paper.
There were four ballot papers.
Albert would have something to say about that.
The Taoiseach has Albert syndrome.
I remember the days when the results would be stolen the night before. There were the fraternal delegates from Korea.
I would say the Taoiseach's party is still at that — a few bodies around the place and so on.
I asked the Taoiseach at Question Time about the €4 per hour being paid to workers on the new Irish Ferries ship. Everybody will agree this is a scandalous rate of pay. What is the status of the employment agency regulation Bill? This Bill was on the pink sheet list last session, indicating that it was due for publication in that session. This session, however, it has dropped back to section C, which includes those Bills for which the heads have not yet been prepared. This is the graveyard section for legislation. Is it the Government's intention to legislate for agency workers? Why has this Bill been relegated not one but two divisions since Christmas? When it is likely to be introduced? The only available information suggests it is not yet possible to indicate when it can be published.
Yes, we intend to legislate for agency workers through the employment agency regulation Bill. The purpose of the Bill is to regulate the employment agency sector by the establishment of a statutory code of practice, setting out the standards with which it must comply. A monitoring and advisory committee representative of the social partners, employment agency sector and the Department will oversee the adherence to the code. That is the Government's policy.
The Bill was on the A list, as Deputy Gilmore observed. However, following the consultation process, proposals were recently submitted by the Department to finalise draft heads of the Bill based on what arose in the consultation process and the discussions with the Attorney General. These outstanding issues mainly centre around the position of employment agencies having regard to Article 49 of the EU treaty. It will take some work to find out how the legislation can be compatible with the treaty and also with our system of industrial relations. I do not have a date for the legislation because I do not know how long this process will take. It is not the case that it has been put back to the summer or autumn session. It is a priority for the Government to bring forward this legislation.
Did the Taoiseach say that the sale of alcohol Bill will not be ready until the autumn? I have just attended a meeting of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights at which Dr. Gordon Holmes told us he is to report to the Minister by 31 March on the latter's commitment to introduce the Bill before the summer. I take it from what the Taoiseach said that it has already slipped.
I refer the Taoiseach to Nos. 27 and 28 on today's Order Paper, namely, the Garda Síochána (Powers of Surveillance) Bill 2007 and the Witness Protection Programme (No. 2) Bill 2007. Both are Private Members' Bills in my name. Given the ongoing legislative drought on the Government side, is the Taoiseach prepared to take ownership of these two Bills? If not, will he permit their being introduced to the House in Government time?
I said during Leaders' Questions that I would raise both those Bills with the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan. I will do so and will ask him to communicate with Deputy Rabbitte.
Given that the Health Service Executive has compounded the damage done by the imposition of the recruitment ban on front-line staff in the latter period of 2007 through the introduction of its employment control framework that kicked in on 8 January and which is already having a damaging effect, will the Taoiseach indicate when the eligibility for health and personal social services Bill and the health information Bill will be brought before the House? They were promised in the 2007 autumn programme for this year but, as the Taoiseach is noting from scanning his notes, we are now told that it is not possible to indicate when either will be ready. Will the Taoiseach explain to the House why this is the case? Their importance hardly needs to be underlined.
In regard to the eligibility for health and personal social services Bill, work has commenced on the drafting of a discussion stage document in preparation for the regulatory impact analysis and the public consultation on these proposals.
When can the House expect the introduction of the property services regulatory authority Bill? This authority was set up on a non-statutory basis in 2005. Since then a director designate was appointed in July 2006 and it acquired a full-time premises in Navan and a staff. Its budget was €700,000 in 2007 and is €930,000 in 2008. It is farcical that this authority exists but cannot even perform the functions for which it was set up as legislation has not been passed by this House or even published. The Bill is not even on the legislative agenda for this session.
If one looks at their websites, there seems to be a conflict between the Taoiseach's Department and the regulatory authority as to when the Bill will be published. Meanwhile, apartment owners throughout the country experience constant frustration with their property agents and value for money with their service fees. Will the Taoiseach introduce this Bill as a matter of urgency in this session?
It will be introduced later this year.
In light of the seizure by gardaí of broadcasting equipment valued at €70,000, which breached the 1990 Broadcasting Act, when can we expect the Broadcasting Bill to come before this House to set up the Broadcasting Authority of Ireland?
It will be in this session.
Will the Taoiseach ask the Minister for Agriculture, Fisheries and Food and the Department to reverse today's decisions to cease payments of REPS II and REPS III to farmers who have entered into contracts with the Department? The cessation of the upfront payments will mean a loss to applicants of one year's entitlements. Many applicants have pledged their entitlements to lending institutions and, as a result, the decision will bring unfair pressure on the farming community this year.
I am aware that the Minister has been working on this but if a parliamentary question is tabled, she will——
I call Deputy Broughan.
Are we likely to see the Dublin transport authority Bill in the next week or two weeks? When does the Taoiseach expect the transport regulation Bill to be introduced?
The Dublin transport authority Bill will be introduced in this session. What was the other Bill the Deputy mentioned?
The national transport regulation Bill.
It will probably be next year before it is introduced.
I seek the Ceann Comhairle's guidance on the spending of public moneys. In 2006, the then Minister for the Environment, Heritage and Local Government, Deputy Dick Roche, announced with great fanfare that a number of measures would be put in place in regard to noise reduction and that they would rectify the situation in respect of motorways built before compliances were in place. Recently, I tabled a question to the Minister for the Environment, Heritage and Local Government asking what plans were being rolled out but it was ruled out of order.
Do we have joined up Government where work conducted by the Environmental Protection Agency is fed back to the Department of the Environment, Heritage and Local Government? While it might not be a matter for the day to day operation of the EPA, plans presented by it should be a matter of cognisance for the Minister for the Environment, Heritage and Local Government and should be brought before the House.
Unfortunately, there is no discretion in these matters. They are governed by Standing Orders and the relevant statute. The Chair does not have a choice. If the Deputy wishes to call to my office, I will explain it in greater detail.
Today, I was contacted by two people in regard to the nursing home subvention debacle. When will the Bill be introduced in the House?
It will be in this session.
In light of the fact that 85 turkey farmers have no homes for their turkeys as a result of the winding down of the factory and the fact that pig farmers are desperate, when can we have a debate on the future of agriculture? The issue is urgent and needs to be addressed.
It is not in order now.
There is total silence.
Is the Taoiseach satisfied that we are entering into a debate on the Finance Bill 2008 two working days after it was published? This side of the House has called for a proper tax statement outlining how we spend what is now, according to the Revenue Commissioners, €9 billion in tax expenditures, tax reliefs, for which the Dáil receives no report or evaluation. Effectively, only three Departments have as big a budget under their control, namely, the Departments of Education and Science, Social and Family Affairs and Health and Children, and yet we will vote through the Finance Bill on the nod without any analysis of what we are spending that €9 billion on. Much of it is spent in an unfair and questionable manner. We need a more realistic debate about this issue. When will we see some serious effort to reform the way tax policy is debated and settled in this House?
The Finance Bill 2008 is before the House. Any comments on it should be made on Second Stage.
Last week, the Taoiseach said we should have two weeks before a Bill is debated. In this case, we have two working days and we are straight into it. Two working days does not even allow anything like the semblance of the level of scrutiny the Dáil should exact over huge amounts of public money. It is up to the Taoiseach, as leader of the Government, to start to drive a bit of reform in the way we do our business.
Has an invitation been issued to the Queen of England to visit this country some time in the last week of April or the first week of May?
That does not arise on the Order of Business.
If so, what is the purpose of her visit?
Punchestown.
That does not arise on the Order of Business, not even for the Queen.
I apologise if the Taoiseach has already replied to my question. The 28th Amendment of the Constitution Bill is on the pink list. Is the Taoiseach of a mind to indicate when it will be before the House for debate and the likely date of the referendum?
I think I indicated last week that the Bill would be before the House in this session.
What about the date for the referendum? The Taoiseach could indicate the date this week.
We have not decided on a date.
I raised my next question last week also. In view of events in recent days, it behoves us all to look again at where criminal elements Europe-wide and world-wide seem to go. It is extraordinary that in places like Marbella and other sunny climes, there seems to be a preponderance of criminal elements converging——
We cannot journey there now.
——and congregating on a regular basis. This is relevant to legislation. I would have thought Siberia or a place with a cooler climate would have been much more appropriate.
In this context, does the Taoiseach agree there is an urgent need to change the law in regard to extradition? The criminal justice (miscellaneous provisions) Bill looks like the likely vehicle to do so. When that Bill comes before the House, will the Taoiseach append to it the necessary measures to deal with this continuing appalling problem?
That is a tenuous enough hook.
It is appropriate.
The heads of that Bill have been agreed. The Bill will be before the House mid-year this year.
Will the Taoiseach not bring another Bill forward?
I have no doubt the Taoiseach is aware of the dispute between the pharmacies, the HSE and the Competition Authority.
I am aware of it and it will be taken on the Adjournment.
I would like to raise it with the Taoiseach.
It is not on the Order of Business.
Some of the stories I have heard in recent days are nothing short of scandalous. When does the Taoiseach expect the pharmacy (No. 2) Bill to be brought before the House?
I do not have a date for it at this stage. It is listed.
Last year, when information surrounding the criminal record of a college lecturer in Athlone came into the public domain, the Government established an internal inquiry, the McElwee inquiry. I understand that inquiry has been completed and the HSE has been given a copy of the report. I presume the Government has seen a copy of the report which has not been published. When will the report be published? Does it contain any recommendations?
Is there any legislation promised in this area?
I think a parliamentary question to the Minister of State, Deputy Brendan Smith, would be appropriate.