It is proposed to take No. 19, Electricity Regulation (Amendment) (EirGrid) Bill 2008 — Second Stage (resumed); and No. 4, Chemicals Bill 2008 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil, on rising today, shall adjourn until 2.30 p.m. on Wednesday, 7 May.
Order of Business.
Is the proposal that the Dáil, on rising today, shall adjourn until 2.30 p.m. on Wednesday, 7 May agreed? Agreed.
What are the arrangements for Dáil sittings between now and the referendum on the Lisbon treaty on 12 June? The Government seems to be of the opinion that the Dáil should rise for two full weeks before the referendum.
I read a report yesterday about a mother whose daughter was killed when the car in which she was travelling crashed. The mother called for approval for hospital medics to take blood samples from drivers. There was an agreed Dáil motion to produce legislation on this issue last October, arising from what is known as Duggan's law. Is there any sign of that legislation to deal with taking blood samples at crash scenes by hospital medics?
It is proposed that during the first week of June the Dáil will sit on Wednesday and Thursday, and that it will not sit the week of the referendum.
There is no specific legislation on the blood testing issue raised by the Deputy. I can request that the Minister concerned provide more specific detail on the issue, and we will get back to him.
I was going to ask if the Minister is looking forward to a change of Department next week, but I do not suppose that is in order.
No it is not. I call on Deputy Gilmore.
Where is the rest of the Cabinet?
Missing persons.
They cannot all be cleaning out their desks.
It is very suspicious.
Does the Minister expect to be here every Thursday morning?
He gave a reply to Deputy Varadkar yesterday concerning credit card surcharges. There was a commitment in the programme for Government that there would be a ban on surcharges on credit card payments for booking tickets for flights, matches and so on. In his reply to the Deputy yesterday, the Minister said that it cannot be done and that he has advice from the Attorney General to that effect. Will he publish that advice?
The Minister for the Environment, Heritage and Local Government recently said that limits should be introduced for spending in local elections. The local elections are just 12 months away, so when will legislation introducing spending limits for local elections be introduced?
An electoral Bill is due this session. I gave a comprehensive reply yesterday on the issues pertaining to the commencement of sections 48 and 49 of the Consumer Protection Act 2007. It was in response to Members of this House, and particularly Members in the Seanad who raised this issue that the Government and I responded generously to that proposition. Subsequently, following detailed legal advice, we have now been advised that it is not in conformity with the maximum harmonisation provisions of the UCPD directive. That is where the matter lies.
In light of the fact that some political personnel at the highest possible level have questioned the cost of tribunals, when will No. 84, the Legal Costs Bill be introduced to curtail that issue? When will the Enforcement of Fines Bill be introduced to free up gardaí to do the necessary work which they are best trained to do? When will we know when the Health (Long-term Residential Care Services) Bill will come before the House or will funding provided for that Bill be allowed to be used to cover the cost of those people in nursing homes who are being pressurised to pay money they do not have? This is an extremely urgent Bill that was first highlighted in February of last year and we have still not seen it. We need alternatives if that Bill is not introduced. We cannot allow old people to be pressurised. I know a family, one of whose members has multiple sclerosis and one who has cerebral palsy.
We cannot allow a speech on this.
The Health (Long-term Residential Care Services) Bill will be introduced this session. The Legal Costs Bill will be introduced in 2009. I do not have a date for the Enforcement of Fines Bill. It is not possible to indicate at this stage when it will be taken.
Will the Government arrange time for a debate on its response to the report of the Commissioner for Human Rights, Mr. Thomas Hammarberg, on his visit to Ireland from 26 to 30 November 2007? I say this because Mr. Hammarberg's report is to the Committee of Ministers of the Council of Europe and the Parliamentary Assembly. Our relationship with the Parliamentary Assembly of the Council of Europe is as a Parliament.
Mr. Hammarberg has produced a report, having had a conversation with the Taoiseach and a number of Ministers. The Government has issued its response point by point to the eight different chapters in Mr. Hammarberg's report. It is very important that we, as a Parliament, have an opportunity to debate the Government's response, given that it has already made it. We are entitled to do so in any event. This is not the issue of what is promised.
We also need to discuss the substance of his response which raises very serious issues across the range of human rights. It is important that we have this debate, which is why I raise this issue today. There are 700 amendments to the Immigration, Residence and Protection Bill, which is on Committee Stage in the Oireachtas Select Committee on Justice, Equality, Defence and Women's Rights. It would be very valuable for us to debate Mr. Hammarberg's report before we proceed much further in respect of proceedings in the select committee.
I appreciate that the Minister has given me the space to speak on this issue. There is confusion as to who has responsibility in the Government for human rights. My memory tells me it was once associated with the Minister of State with responsibility for development. Deputy Conor Lenihan then became Minister of State with special responsibility for integration policy. Where does specific responsibility for human rights lie? Has it been absorbed back into the Department of Justice, Equality and Law Reform which will proceed to look at and judge itself or is it back in the Department of Foreign Affairs where it is perceived as something exotic and irrelevant?
We cannot go any further with this issue. I presume a debate is a matter for the Whips.
The Government would be very open to a debate on the report. It is a matter for the Whips to discuss the timing of same.
Notwithstanding——
Which Minister will be responsible for the debate that is promised or will there be a reallocation next week? I presume so because I very rarely delay on the Order of Business. When the human rights dimension was accepted as part of foreign policy, it was one of the great reforming moments in Irish foreign policy. This goes back to the White Paper. It does not serve anybody well that nobody in Government and nobody speaking on behalf of Government can point to where the responsibility for human rights lies.
Deputy Higgins can raise that when the debate takes place.
Notwithstanding the timidity with which the Minister's colleagues approached this House this morning, I congratulate them for slowly coming in to give him back-up, support and solace. As the Minister is taking the Order of Business this morning and given the opportunity he has to make a huge name for himself, as he has the place to himself this morning, it is opportune to produce the Bill to transpose the EU Framework Decision on the European Evidence Warrant for obtaining objects, documents and data for use in criminal proceedings in the context of the Lisbon treaty and all the discussion taking place relative to it. Does the Minister agree it would be opportune to bring that Bill to the House post haste and deal with it? Perhaps the Minister will answer that question because another one is coming. Will the Bill be brought before the House as a matter of extreme urgency given its relevance and importance?
It is not possible to provide a date at this stage.
It is impossible.
I think the Deputy realises that it is not possible at this stage to give a date.
It is impossible. The next issue is one we discussed several times and the Minister has a certain history in this area given the current situation between the HSE and pharmacists. Does the Minister believe it is opportune to take some initiative and remove the Pharmacy (No. 2) Bill from the House or enter, or cause to be entered, into negotiations between pharmacists and the HSE?
The content of that is not relevant to the current issues but I welcome the break-through announced yesterday evening.
Notwithstanding the significant workload of the Department of Justice, Equality and Law Reform in so far as there are 46 Bills from that Department, some of which must be taken before the summer recess, I have a question for the Minister in respect of prisons. In view of the fact that the Government of which the Minister was a member presided over the closure of three prisons — Cork Prison, Shanganagh Castle and the Curragh — and that the promised replacement at Thornton Hall has not commenced and requires legislation before it commences, will he ensure that this legislation is taken by this House as a matter of urgency?
To what legislation is the Deputy referring?
I am referring to the prisons Bill to enable construction to proceed at Thornton Hall.
A matter which the Minister's colleagues spoke about to some extent but which I do not see on the promised sheet is legislation to deal with spent convictions. Is that a Government promise? Will legislation on this issue be enacted or is it merely the subject matter of statements?
Is legislation promised in these areas?
To what legislation is the Deputy referring?
I am referring to the spent convictions Bill.
Is legislation promised in these areas?
The Prison Development Approval (Confirmation) Bill will be taken this session, while the other Bill is expected to come before Government shortly.
Given the appalling and substandard level of public transport in rural Ireland, particularly at weekends and at night, when can we expect the public transport regulation Bill to come before the House? This is very important.
Next year.
I welcome the progress made in the talks between the HSE and the Irish Pharmaceutical Union, IPU. It is a great relief to medical card patients throughout the country. I have an issue about legislation. Is the Government reinterpreting or amending the Competition Act? When my colleague, Deputy Michael D. Higgins, proposed an amendment to this Act to address the problem of negotiations between bodies such as the IPU and the State, we were told that under the Competition Act, they could not negotiate. They now appear to have done so successfully. Will the Minister clarify the legislation in that regard because, as my colleague, Deputy Michael D. Higgins, previously pointed out, it affects other groups as well.
Is legislation to amend the Competition Act promised?
We indicated to the House that a review of the Competition Act is under way. This encompasses a range of issues. There were public consultations and so forth. That matter is now being considered within my Department but it is separate from and parallel to the pharmacy negotiations and discussions. Of course, it relates to a number of issues.
I welcome the fact the Minister is taking the Order of Business because I can ask him directly about two Bills which are critically important to the functioning of our economy. They are the company law consolidation and reform Bill, No. 24 on the B list, and the industrial relations (amendment) Bill, No. 44 on the C list. Any practitioner of labour law would tell one there is an absolute minefield of uncertainty and contradiction between equality legislation, the 1990 Act and industrial relations generally. What is the cause of the delay in the Minister's Department in the production of these two items of legislation? They are so far off the horizon that we will not have sight of them before the next general election, according to the information I received. Can the Minister assure the House that some degree of urgency will be given to progressing these two matters as they are critical to the competitive performance of our economy?
There are 1,263 heads to the company law consolidation reform Bill, which have been approved by Government. It is not possible to give a date as to when the Bill will be ready. I hope towards the second half of this year to introduce a preliminary debate in the Committee on Enterprise Trade and Employment to facilitate consideration of the Bill by the Members of the House Bill parallel to its detailed drafting. Deputy Penrose was anxious that we facilitate such a process to ensure an early debate on the legislation. Members of the House could feed into such a debate, which would be a useful exercise in the ultimate formulation of the Bill through the House.
Regarding the second Bill to which the Deputy referred, the issues of the streamlining of the labour relations bodies and so forth are important and are under consideration. However, the existing framework has presided over a dramatic transformation of industrial relations here, if one compares the position in the 1980s to that pertaining today in terms of the number of days lost through strikes and so on. Therefore, the existing bodies have performed well. Issues have been raised in the context of perhaps merging or changing the level of responsibilities of each. That involves fundamental issues and I am involved in detailed consideration with my colleague, the Minister of State, Deputy Kelleher, in respect of them. I do not accept that the Bill will not be ready before the next election. I expect we will be in a position to progress it once the NERA Bill, which is the employment compliance Bill, is passed through the House. We will then deal with this legislation.
I have a brief supplementary, and I thank the Ceann Comhairle for his indulgence. A Bill with 1,200 sections is not a normal Bill. It is simply beyond the capacity of the Parliamentary Counsel to produce it. I suggest the Minister might examine the way in which the finance consolidation Bill was produced whereby it was outsourced through the Revenue Commissioners. The Minister might consider an alternative venue for preparing this legislation. If the staff of the Office of the Parliamentary Counsel is to employ their skills on a 1,200 section Bill, no other legislation will be produced with the existing resources. I invite the Minister to give a commitment that he will publish the heads of the Bill to enable the committee to examine it and that he will also give serious consideration to the logistics of its drafting. It is not capable of being produced with the normal machinery of government.
I have already been in discussions with the Parliamentary Counsel, the Attorney General's office and so forth. Mechanisms have been put in place to prioritise and deal with this Bill. It is important legislation, which will have a significant impact on economic and company law into the future.
Yes.
It also relates to the reduction of regulatory burdens on business and so on. We have given ourselves a 12 to 18 month timeframe, which is challenging and ambitious, to draft this Bill, but there is a determination and prioritisation to deal with it in my Department.
When will legislation be introduced to allow us to ratify the Aarhaus convention and implement the European Union directive on public participation, which would give members of the public the right to information on, participation in respect of and access to justice on environmental matters, given that this has been promised by the Minister for the Environment, Heritage and Local Government and also in the programme for Government?
I will ask the Minister for the Environment, Heritage and Local Government to reply to the Deputy specifically on that matter. It is not on the list of legislation.
The Minister is responsible in particular for examining where there are employment traps. In terms of the proposed legislation on housing, does he accept the concept that one needs to be unemployed for 18 months before qualifying for the rent assistance system is inconsistent with the employment strategy he is pursuing?
The second matter concerns the regulatory burden, which he is committed to reducing by 25%. Will he be presenting to the Dáil a structure whereby we can benchmark progress in that regard under different headings?
I call the Minister to reply on the regulation.
The social housing Bill will be ready this session. Interdepartmental work is ongoing in addressing employment traps and various disincentives or barriers to people returning to the workplace.
Will the Government vote through one in the meantime?
The second Bill relates to the regulatory burden. I have already indicated in the House that we outlined the steps we intend to take to ensure a reduction of 25% in the regulatory burden. We are happy to share with the Opposition spokespersons the timeline that we envisage to realise that objective.
Regarding the comment the Minister made about the pharmacy Bill, he mentioned there was a breakthrough in the impasse. Will someone be making a statement on this matter in the House today? Given that there has been a breakthrough, does this mean the HSE is now recognising the IPU as the representative body of pharmacies?
Everybody is trying to raise this matter. I have made it clear that Members can only ask questions on proposed legislation. I must be fair to everybody on this issue. The Minister has already answered a question on the related legislation.
The Minister wants to answer on it again.
Will the Minister be making a statement on the matter today and is an amendment to the Competition Act required as a result of this?
I do not believe that consistency is futile. I call Deputy Kathleen Lynch.
A constituent of mine who requested a file from a hospital some years ago was told they could not have it because it was the property of the health board. I tabled a question in 2006 on a specific incident involving a file being lost to which I received a detailed reply from the HSE advising that all files would be destroyed in a proper manner. Given that the file I inquired about a number of years ago was more than likely the property of the health board and that I was told the file I inquired about in 2006 had been destroyed in a proper manner, what assurances can the Minister give the House that, under the Data Protection Act, these files have been destroyed properly and that other such files are in the examiner's office?
I suggest the Deputy tables a special notice question, a parliamentary question or that she raises it on the Adjournment——
Patients and their families are worried and upset at the notion that members of the public have access to files to which they were denied access.
——but I cannot allow questions on this matter now, as the Deputy well knows. Deputy Coveney is the next speaker.
Has the Data Protection Commissioner being informed of this matter? Will we hear about what happened in this instance or how it happened?
This matter is out of order. I call Deputy Coveney.
On the same issue——
As that issue has been ruled out of order, what is the point in the Deputy continuing on with it?
Unless the Ceann Comhairle will let me try to be in order, then I cannot possibly be in order.
True, I will do that.
I thank the Ceann Comhairle.
The Government supported a motion in Private Members' time yesterday evening calling for the Government to produce a new code of conduct on the handling of sensitive personal data within the public sector, and it gave a commitment on this issue. On the issue Deputy Kathleen Lynch raised, will the Minister indicate when we are likely to have sight of such a new strict code of conduct, the need for which was agreed by all parties yesterday evening?
On a second issue relating to promised legislation, namely, the broadcasting Bill, which was due to be ready by now, has it been passed by Cabinet and when it is likely to be introduced on the floor of the House?
I call the Minister to reply on the legislation.
I should reply only on the legislation, is that correct?
Yes.
Is the first issue not in order?
I do not believe it is.
The broadcasting Bill——
Unless the Minister can tell me——
The broadcasting Bill is due to be ready this session.
I call Deputy Sheahan.
A Ceann Comhairle——
Is legislation promised on the first issue the Deputy raised? I note it is not. Therefore, I call Deputy Sheahan.
On a point of order——
Last evening there was an agreed position between the Whip and Deputy Coveney.
We must be consistent.
As the Ceann Comhairle said, consistency is not futile.
Exactly.
Regarding No. 6 on the pink page detailing Bills expected to be published, the expectations of Members on this side of the House and the general public on promised legislation have gone aground, as they have not been met by the Government.
Could the social housing (miscellaneous provisions) Bill, which is to include updated local authority powers to deal with anti-social behaviour be brought before the House as soon as possible in this session? I have been contacted by good law abiding citizens living in housing estates complaining that drugs are being openly sold in front of them day in day out and they are worried about this. Perhaps this Bill is an avenue where this issue could be tackled.
I urge the Government to bring the Bill before the House as soon as possible.
The Minister on the social housing Bill.
The Bill will be dealt with this session.
What is the position regarding No. 40, the education Ireland Bill to establish a body to regulate the provision of education services, including the teaching of English as a foreign language? I urge the Minister to ask his Cabinet colleagues to sort out the issue regarding Irish and English in Pobalscoil Corca Dhuibhne. An impasse has been reached and a High Court case against the Department of Education and Science is pending.
The Minister, on the legislation.
Beidh sé ós comhair na Dála i mbliana.
The Minister will be aware that tens of thousands of people live in homes that are subject to property management company charges but there is no legislation dealing with the regulation of such companies. I am alarmed by the reply the Minister just gave to Deputy Quinn regarding the consolidated companies legislation his Department is preparing. There must be separate, specific regulation to deal with management companies. Legislation is promised regarding agents. One of the agencies under the Minister's ambit is the National Consumer Agency, which has promised a code of practice for management companies in the near future. However, the agency has no legislative power to back up that code of practice and awaits fresh company legislation. It appears from the answer the Minister has given that there will be no regulation of management companies before the next general election. In the meantime, tens of thousands of young home owners are being ripped off and badly ruled by a new form of ground rent.
Hear, hear.
The Law Reform Commission published a consultation paper on multi-unit developments in December 2006.
It is May 2008.
That identified a broad range of regulatory and other issues arising ——
We are in 2008 now. The Government has been sitting on this issue for a very long time.
Can I respond to Deputy Burton please? The Law Reform Commission has now indicated it will publish its final report on multi-unit developments as soon as possible which, following an extensive consultation process, will contain reform proposals concerning the regulation and governance of property management companies.
The Government has already directed that early action be taken by the relevant Departments to address the commission's recommendations. A high level interdepartmental committee, under the chairmanship of my Department and comprising representatives of the relevant Departments, has already been established.
How long is that there?
To answer Deputy Burton's point ——
How long is that committee in existence?
Does Deputy Stagg want to hear my reply or does he wish to continue heckling and interrupting, in which case he will not get a reply?
How long has there been a high level committee doing nothing?
I ask the Minister to carry on.
It is the Government's view that separate legislation may be required in advance of the companies regulation Bill. We may not await that Bill to deal with the matter.
I ask the Minister to indicate a timeframe for the separate legislation. Has the high level committee actually met and, if so, how many times? My understanding is that it has not even started its work. Will we see this legislation before the next general election?
On the legislation, Minister.
I am not in a position to indicate a timeframe for the legislation.
On a point of order, the Minister is inadvertently misleading the House. We have been told, very specifically, that his Department is preparing legislation on this issue, as are the Departments of the Environment, Heritage and Local Government and Justice, Equality and Law Reform. The Minister is now saying that he might be thinking about introducing legislation. The legislation is identified as being required to stop ordinary young couples who buy houses being ripped off by property management companies.
Hear, hear.
They are like mushrooms, springing up all over the country.
The Deputy is seeking clarification regarding the legislation.
I have made my point.
The Law Reform Commission has been examining this since 2006 and we still do not have its final report.
The Minister cannot elaborate any further. I am moving on.