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Dáil Éireann díospóireacht -
Wednesday, 30 Apr 2008

Vol. 653 No. 3

Order of Business.

It is proposed to take No. 1, the Criminal Law (Human Trafficking) Bill 2007 — Amendments from the Seanad; No. 18, the Legal Practitioners (Irish Language) Bill 2007 — Order for Report and Report and Final Stages; No. 17, the Student Support Bill 2008 — Second Stage (resumed); and No. 19, the Electricity Regulation (Amendment) (EirGrid) Bill 2008 — Second Stage (resumed). Private Members' business shall be No. 35, motion re e-Government services (resumed) to conclude at 8.30 p.m. if not previously concluded.

Will the Minister for Agriculture, Fisheries and Food make time available in the House for a report on her meeting with Commissioner Mandelson in the context of the full proposals he is making in respect of the WTO talks? Obviously, we are aware of the implications of the agricultural end of that and the impact on the agri-economy here and services generally. I would like us to have an opportunity to discuss the range of proposals in the context of a fair and balanced deal which is so important for the country and has direct implications for the decision on the Lisbon treaty.

I saw the Minister for Communications, Marine and Natural Resources coming in and, as we are never graced with the presence of Green Party Ministers anymore, he is welcome.

One waits all day for a bus and then three come along together.

Two grey suits. They were not long changing from the white flannel to the grey suits.

The question of who is or is not here this morning is neither here nor there.

Will the Tánaiste say when the Explosives Bill will be introduced? When I came here this morning, I saw an Offaly-registered car clamped across the road and I wondered whether they were taking up the position in good time before next week.

On a more serious matter, I saw an advertisement in The Irish Times last Tuesday for recruitment to the Garda Síochána.

That is not relevant.

It is relevant in this context.

In what context?

The advertisement was printed in English, Chinese and Polish. Will somebody tell me why an advertisement seeking to recruit men and women to the Garda Síochána did not include our native language?

That is not in order. Will there be a debate on the Explosives Bill?

I understand that explosions are not expected until later this year.

I ask about the promised legislation on windfall taxes on property developers and land speculators. I again remind the Tánaiste that the Minister for the Environment, Heritage and Local Government promised this legislation when he addressed a meeting of the Irish Planning Institute in Westport. He said that he had the support of his Cabinet colleagues for the measure and that it had been cleared by the Attorney General.

As I said yesterday, when I raised the matter with the Taoiseach on 8 April 2008, he said that it would be included in the Property Services Regulatory Authority Bill. However, in reply to a Dáil question from Deputy Shortall, the Tánaiste said last week: "the Deputy will be aware that the programme for Government does not include provision for the introduction of such a tax and there are no plans at this stage to introduce a tax of this type".

As the Minister for the Environment, Heritage and Local Government is sitting beside the Tánaiste this morning, can we have clarification of that matter? Will a windfall tax on land sales and speculation be introduced, as promised by the Minister for the Environment, Heritage and Local Government in Westport or will it not be introduced, as stated by the Tánaiste last week in reply to a question?

Is legislation promised in this area?

For the purposes of clarification for Deputy Gilmore, I understand that the Minister for the Environment, Heritage and Local Government indicated that he would have this matter examined in the context of the designated land Bill.

That is not what he said.

To clarify what the situation is rather than what Deputy Gilmore may understand it to be——

(Interruptions).

If the Deputies' position is that it is as they believe, there is not much point in asking me for clarification. I am in the process of clarifying the matter for them so there is no further confusion about it and Deputy Gilmore does not have to get up every morning about it, which is why I am standing up in the first place. The matter will be examined in the context of the designated land Bill. Obviously, when that examination is complete, it will come to Government. If there are any proposals, they will be considered and as soon as the Government makes a decision, I will be able to reply to the Deputies about whether there are plans at that stage. In the meantime, there are no plans.

There was no question of examination when the Minister for the Environment, Heritage and Local Government spoke in Westport. He said that he intended to bring in new legislation to tap into windfall gains made by landowners and property developers. He said that the Attorney General had found a way around the constitutional difficulties with windfall taxes and that such a measure now had the backing of his Cabinet colleagues.

Did the Minister say that?

Nothing could be clearer today than that the Minister has been put in his place by the Tánaiste. I regret that because I support the Minister's position on this and would like to see the legislation progressed. This is a very bad start for the Tánaiste and if he treats the Minister for the Environment, Heritage and Local Government like that this week, how will he treat him next week?

Does the Tánaiste have anything to add?

I treat him with far more respect than does Deputy Gilmore. This is a matter the Minister is considering in the context of the designated land Bill. Obviously, these provisions must come before the Cabinet for formal approval in due course. The matter has been discussed and the Minister has indicated the direction in which he wishes to examine these matters, on which he has views. They will be brought to Government and we will proceed on the basis of the collective view. That is what would happen if Deputy Gilmore or those acting on his behalf were in government.

In the context of promised legislation, can the Tánaiste give us an indication if progress is being made in respect of addressing the serious issues affecting the continuation of State-sponsored medicine provision, the difficulties between the HSE and the Irish Pharmaceutical Union?

That is not in order.

I know it is not in order.

Then the Deputy should not have asked the question.

I am asking the question in the context of promised legislation.

Then the Deputy should ask a question about the legislation.

On the eve of the expected further deterioration on 1 May of the situation I referred to, will the Tánaiste be inventive in giving us some indication on that legislation. Both the pharmacy No. 2 Bill and the eligibility for health and personal social services Bill will have implications for the rights of citizens, not least our senior citizens in terms of their right to access medicines and health services on the basis of need.

The eligibility for health and personal social services Bill is expected to be ready next year and it is not possible to indicate at this stage when the pharmacy No. 2 Bill will be ready. A process is in place which I believe can, should and will be utilised for the purposes of dealing with all these matters.

The OECD reported recently and made some valuable recommendations about the way in which the budgetary process is developed, starting with a statement of the medium-term prospects of the resources that would be available over the coming years, requiring the commitment to real targets by Ministers in their Estimates and forcing administrative efficiencies. With the Estimates process due to start, probably in the next six or eight weeks, will the Tánaiste be announcing a change in the whole approach to the Estimates formation and their scrutiny in this House that would be closely aligned to the thinking of the OECD?

Unfortunately, that matter is not in order.

It is, surely given that it concerns the ordering of business in this House. If what happened in the past is allowed recur, we will have the Estimates presented to us on budget day. That would be flying in the face of——

That matter is not in order.

We are entitled to know whether the Government intends to change its approach. It has said that it will examine this report, adopt changes that are realistic, and the change I mentioned is a core one. Why should the House not be privy to this information? We help shape the way the budget is taken here and we have a right to know the Government's intention in this respect and to try to shape the way it should be taken.

The Deputy will have to find another way to raise that matter. I call Deputy Durkan.

The Tánaiste is quite happy to answer this matter.

He wants to answer it.

I cannot allow Deputies to wander all over the place in terms of the matters they raise.

The Tánaiste will never get a chance now to answer in the Department of Finance.

Next week is an important week for the Tánaiste. We all wish him well and we would not want to rain on his parade on that particular day. Apropos the issue raised by Deputy Ó Caoláin and the ongoing impasse between the HSE——

That matter is not in order as the Deputy well knows.

The Ceann Comhairle should wait to hear the end of my question — this is a special one for the Tánaiste.

It does not sound promising.

Because of the likely diminution at best and a total breakdown in the delivery of services to the community at worst, will the Tánaiste withdraw the pharmacy No. 2 Bill and introduce some means whereby meaningful dialogue can be established with the pharmacists to protect the quality and quantity of supply of pharmaceuticals to the community?

The Tánaiste has already answered on the question of the pharmacists. I call Deputy Bannon.

Considering the crisis in the nursing sector and the disturbing lack of employment of opportunities for newly qualified nurses, when can we expect the nurses and midwives Bill to come before the House in the interests of nurses, the general public and the health sector?

I understand the earliest date for that Bill is next year.

I wish to raise two related matters. I understand the sixth report of the Morris tribunal is now with the Minister for Justice, Equality and Law Reform and the Government. When will it be published and a debate tabled on it?

On a related matter regarding the announcement this morning by the Minister for Justice, Equality and Law Reform that it is proposed to amend to Garda Ombudsman legislation, is that decided by Government and when will we have sight of the amending legislation?

I call the Tánaiste to reply on the question of a debate on the Morris tribunal and the legislative programme.

On the question of the status of the Morris tribunal report, I understand it has been completed. I will have to ask the Minister for Justice, Equality and Law Reform to indicate to the Deputy directly the logistics for the printing and publication of that report. I understand it could well be published in the next month or six months, although I am not too sure of that. I have some recollection of having had an informal discussion with the Minister in that respect.

Regarding the question of the amendment of the Garda Ombudsman legislation, the Minister indicated he has received representations from various parties, including the Ombudsman office, arising from their experience on how the operation of the legislation might be further improved by bringing in some legislative amendments, to which the Minister has indicated he is open. No formal proposals have been brought to Government as yet. A consultation and discussion process is currently taking place.

On the same issue, as Deputy Howlin and former Deputy Jim Higgins were central to the business of the Morris tribunal being set up in the first instance and as the report on it will probably be debated here, at which time Deputy Howlin will have an opportunity to speak on it, and in view of the fact that our MEPs have been allowed to address the Seanad on other issues, when a motion on the Morris tribunal is debated in the Seanad, would it be possible for Mr. Jim Higgins, MEP, to speak on it, given that he was directly involved with Deputy Howlin in the receipt of information which led to the tribunal being set up?

I am sure that is a matter for that House.

The Tánaiste might give that consideration.

On the matter of promised legislation, management companies continue to be set up like mushrooms growing in a field on a May morning and they are simply a new rip off cash cow for developers. They provide relatively no services to the people concerned. They are not needed. They are in housing estates where there is not an apartment within 2 km of them. They continue to be set up with the connivance or certainly the agreement of county managers in respect of which planning permission is readily granted.

We were promised three pieces of legislation to control the setting up of these companies but only one of them, from the Department of Justice, Equality and Law Reform, is in sight. Is there any chance of having sight of the legislation promised from the Department of the Environment, Heritage and Local Government, the Minister for which is sitting beside the Tánaiste, and by the Department of Enterprise, Trade and Employment? We were told these three pieces of legislation are needed before these companies can be controlled and country managers put in their place.

I will have to check on the details for the Deputy, as I do not know the answer to that question. The issue of how we can pull these three pieces of legislation together has come up on a number of occasions. Upon taking up my new position I will talk to the Attorney General about the matter and how we can move the process along.

A committee has been set up of the three Ministers concerned. We were promised they would report back with proposals for legislation at an early date. I appreciate that the Tánaiste might come back to me on this matter.

That committee is reporting to a Cabinet committee, whose membership comprises, as the Deputy said, the Ministers for Justice, Equality and Law Reform; Environment, Heritage and Local Government; Enterprise, Trade and Employment and the Attorney General. I will check progress on it.

When can we expect to receive the regulations on the new drink driving limit providing for a blood-alcohol level of 0.5 mg? I understand the Cabinet has been considering it. Are those regulations in hand?

The Minister, who is sitting beside the Tánaiste, has sat on top of one of the biggest scandals in Irish commercial and political life, namely the sale of hundreds, if not thousands, of badly damaged homes by unscrupulous developers to our citizens. He has refused to answer letters from those citizens during the past six months.

That matter is not in order.

Will the Tánaiste intervene either this week or next week to ensure the Minister takes action on this matter?

It is not in order.

I refer to the pyrites crisis.

The Minister should be sacked.

In some respects, he should be moved from the Department.

This matter is not in order.

He has totally failed to address one of the biggest scandals——

The Deputy will have to raise this matter in another way.

——in Irish commercial life, the sale of badly damaged new homes to——-

The Deputy can raise that matter either by way of parliamentary question or on the Adjournment, but it cannot be dealt with in this way.

I have raised this matter until I am blue in the face; I am sick of raising it. The Minister, Deputy Gormley, has washed his hands of the matter. He is dodging it. He will not answer letters on it or address it. I ask the Tánaiste to deal with it either this week or next week.

The matter cannot be dealt with in this way. I must move on. I ask the Tánaiste to reply on the matter of the regulations.

On the first matter the Deputy raised, this is an issue on which reports were sought from the Road Safety Authority and others about how they view a reduction in the limit. We have noted what they have had to say but there has been no decision or consideration by Government of that matter. It is important to point out that one would have to consider a full comprehensive assessment of what proportionate penalties should apply were one to go down that road. Much more discussion and consideration of that matter must take place before the Government would be ready to consider any change at the moment.

Would legislation be required in that event?

I understand legislation may be required if we were to go down that road, but as I said we are at a preliminary stage in our considerations.

I know the Tánaiste would like to wish the Taoiseach the very best of luck in addressing the Houses of Congress in America.

I was a little worried this morning to hear that the Taoiseach and his entourage were evacuated from the Renaissance Mayflower Hotel in Washington last night. Has the Tánaiste contacted the Washington police department to inquire about the Taoiseach's safety?

That is not in order.

The Taoiseach is well able to look after himself.

He is on the streets.

There are two promised Bills, the heads of which have yet to be approved by the Government. One is the education patronage Bill, which has been promised for some time in 2008. In view of the concern that has been expressed and the dialogue that has commenced on this matter, is it the intention of the Minister and the Government to publish the heads of the Bill in advance of legislation to facilitate dialogue on an issue that affects everybody?

The heads of the Bill are not ready yet but a conference on the matter will take place in June, which will facilitate further public dialogue.

Which means more money.

I welcome the developments in that area.

The Taoiseach recently indicated that over the next four or five years Irish Aid will spend somewhere in the region of €130 million in Tanzania. Four Ministers in that country are currently under investigation for corruption. In view of the dramatic increase in world food prices, I ask the Tánaiste to ask the Minister for Foreign Affairs to consider reallocating our commitments to some of our programme countries to the world food programme.

I am sorry, but we cannot go into that now.

We are spending €900 million this year——

We cannot go into it now.

——and there has been a dramatic increase in food prices. The world food programme is run very well by the UN.

No. If every Member raised——

A lot of the countries to which we are giving money are dodgy, to say the very least.

If every Member did what Deputy Timmins is doing, we would be here until tomorrow night.

We have sought information on the audited reports of the aid and we cannot get them.

The Deputy will have to find another way of raising the matter.

If we could not get the audited reports of the HSE or some other body, there would be outrage but we cannot obtain copies of the audited reports on the aid programme. I have addressed questions to the Minister and am hopeful that tomorrow we will be able to obtain the independently audited reports on where the money is going. A sum of €900 million——

Deputy, please. You cannot go into it now.

It is a lot of money. I ask the Tánaiste to intervene in the matter.

We cannot go into it now. I call Deputy Reilly.

The so-called fair deal legislation was promised before Christmas. When will the Bill come before the House? I understand the Attorney General identified some problems with the Bill but does the Tánaiste have any idea when we can expect the Bill? When it comes before us, I ask the Tánaiste to ensure we have adequate time to discuss it. I further ask about the provisions that have been put in place for the hundreds of thousands of people who are in nursing homes to ensure they have continuity of medical supply, given that the IPU is threatening to withdraw services tomorrow morning.

That will not do. I ask the Tánaiste to respond on the legislation.

This is an issue which concerns hundreds of thousands of very vulnerable people.

Everybody says that.

They would like to be assured that there is some contingency plan in place and not just that the negotiations are going well. In fact, according to this morning's newspapers, the negotiations are not going well.

On the legislation, Tánaiste.

I have answered questions on this matter a number of times in the House. As the Deputy is aware, the Attorney General is working through some issues with the Department of Health and Children with the aim of finalising matters so the Bill can be brought forward for discussion here. I cannot be any more specific than that.

It is the eve of May Day and tomorrow workers around the world will be celebrating the fact that many of them are free to join a trade union and enjoy conditions of employment which are fair. However, in this country we have a growing band of workers who are being paid well below the minimum wage, whether on land or on ships going to and from Ireland.

What is the Deputy's question?

We have no legislation protecting those workers. The Labour Party has put forward an agency workers bill, which seeks to regulate employment agencies.

We cannot deal with that now.

Does the Tánaiste intend to do anything, as Taoiseach, about the scandalous exploitation of workers——

Is legislation promised in this area?

——and the undermining of Irish workers in their jobs at home?

Is legislation promised, Tánaiste?

I understand legislation is being contemplated by the Minister for Enterprise, Trade and Employment. In fact, the heads of a Bill are agreed. Obviously, in the context of the social partnership talks, this issue is on the agenda.

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