Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 28 May 2009

Vol. 683 No. 5

Order of Business.

It is proposed to take No. 12, motion re proposed approval by Dáil Éireann of An Bord Bia (Transfer of Functions of An Bord Iascaigh Mhara relating to Fish Marketing) Order 2009 (back from committee); No. 12a — motion re Withdrawal of Fines Bill 2007; No. 12b — motion re ministerial rota for parliamentary questions; No. 12c — Health Insurance (Miscellaneous Provisions) Bill 2008 — Financial Resolution; No. 12d — motion re Ryan Report on the Commission to Inquire into Child Abuse; No. 25 — Criminal Justice (Miscellaneous Provisions) Bill 2009, Second Stage (resumed); No. 3 — Merchant Shipping Bill 2009, Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 12, 12a, 12b, 12c and 12d shall be decided without debate; the proceedings on the resumed Second Stage of No. 25 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m. today; and the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 9 June 2009.

There are three proposals to be put to the House today. Is the proposal for dealing with Nos. 12, 12a, 12b, 12c and 12d agreed to?

I welcome the opportunity to say that the all-party motion brought forward on the Ryan commission on the initiative of Deputy Kenny during the week on the Order of Business is very important as this House should send one clear message that the crimes committed, which were outlined in this report, are heinous. They must be condemned by all sides of this House. I welcome the motion and thank the Government Whip for bringing it forward in agreement with all sides of the House.

No. 12d relates to the Ryan report and the Labour Party supports this motion, as do all Members of the House. It is just a preliminary step and the Dáil will have a two-day debate when many of the issues can be explored fully. In the context of the motion, I ask the Minister specifically about reports that the Ryan commission is strongly leaning towards the destruction of all the documents collated, collected and used by the commission in the course of its work.

I understand it may be necessary for the documents to be held confidentially for a protracted period but it would seem extraordinary for the records of the Ryan commission to be disposed of. There are strong indications that the commission is leaning towards the destruction of the documents but this would be an appalling insult to the people who suffered in various institutions.

Will the Government clarify with the Attorney General the position on the civil and criminal records which people who were inmates in the various institutions have?

I must remind the Deputy——

Will the Government clarify by the time of the debate whether——

——that there is a narrow proposal before the House.

——people who were criminalised will be fully exonerated?

There is a narrow proposal for the motion to be taken without debate. We are not having Question Time. That is not my fault but is the way Standing Orders operate.

The matter of the records is one of national importance.

I must observe Standing Orders and so must Deputy Burton.

The destruction of the Ryan commission records——

Will we let James up again?

——is an issue of national importance. It would cause unbelievable stress to the people who gave evidence.

The matter will be debated in due course.

There is something fishy about the Greens this morning.

The Sinn Féin Deputies are in agreement with No. 12d, the motion before us regarding the child abuse commission, which I have jointly signed with the other leaders of the parties here. There is a proposal for a further substantive motion and two-day debate. Will the Minister confirm, before agreement to the Order of Business, that the all-party motion signalled will have full agreement? Will she confirm that as with the motion before us today, there will be full participation and consultation with all the parties in the drafting of same?

Will the relevant Ministers also agree to consult with the representatives of the various victims and survivors of abuse in the various institutions?

As I explained to Deputy Burton, this is not Question Time. There is a narrow proposal before the House.

This is relevant to No. 12d.

It is not Question Time.

No. 12d clearly indicates the substantive motion will be addressed. I am seeking clarification that not only will there be consultation with all the parties but also with the representatives of the various victims groups and the survivors to ensure their valued and essential input is also sought and involved in the construction of the motion.

Will the Taoiseach meet with the representatives of the 18 religious orders in the coming week? If so, will he press for full disclosure of assets——

This is not Question Time. There is a narrow proposal to be put to the House. I must call on the Minister to reply.

——including those held overseas and not just those on the island of Ireland?

As I told Deputy Burton, there is a narrow motion before the House and it is not Question Time.

I want to acknowledge the all-party approach to the motion which is what the public would expect. The Ryan commission laid bare the most horrific catalogue of the abuse of children ever in this State. Besides the appalling abuse, it has done incredible damage to the reputation of this country once again. Our public would expect us all to come together on these issues. I acknowledge the support of all sides of the House on this matter. It is intended to have the same approach in two weeks to a more substantial motion. Discussions will take place between the Government and the representatives of the Opposition parties.

The documents held by the Ryan commission are a matter for Mr. Justice Ryan. Very often in these cases, information is given on a confidential basis. I know this arose in my case with the Dunne inquiry into organ retention when it was not legally possible to publish its documentation. Whether it can be retained is a different issue and I will speak to the Attorney General on that.

While not wanting to pre-empt the Taoiseach's meeting with the institution's representatives, the religious orders and the victims, it will be very robust.

Is the proposal for dealing with Nos. 12, 12a, 12b, 12c, and 12d agreed? Agreed. Is the proposal for dealing with No. 25 agreed? Agreed. Is the proposal that the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 9 June 2009 agreed?

No. While it has been traditional for the Dáil to adjourn for a period when elections are being held, given the state of the economy people are shocked at the notion of such a break. There is no way the Labour Party will support the Government's proposal that the Dáil having resumed on Tuesday week will then adjourn on 2 July sine die for the rest of the summer.

That proposal is not before the House.

We are laying down a marker that this is not acceptable to the Labour Party.

It will be a short summer break.

Is the proposal agreed for the Dáil adjourning? Agreed. I call Deputy Hogan on the Order of Business.

First, I want to wish you, a Cheann Comhairle, a happy birthday.

Deputies

Hear, hear.

The English poet, Arthur O'Shaughnessy, said, "For each age is a dream that is dying, Or one that is coming to birth."

One could certainly apply that to the Government.

A Cheann Comhairle, I urge you to ask Deputy Hogan to move on quickly as Deputy Finian McGrath is threatening to sing.

Deputy Healy-Rae should have done that.

Will the Minister, Deputy Harney, clarify if it is the Government's policy, as enunciated by the Minister for Finance yesterday, that the social welfare budget must be cut to stay in line with various provisions announced in the Budget Statement on April 7? Will the Minister for Social and Family Affairs be bringing forward proposals for another budget in three weeks to implement the measures outlined by the Minister to reduce the social welfare budget? Perhaps she will restore the Christmas bonus that was cut in the last budget so she can be in line with some Government backbenchers who are telling their constituents that it will be restored.

The Deputy must ask a question that is in order. Those are the rules.

The local election candidates of the Deputy's party are telling lies.

Is it the Government's intention to bring forward another budget because we have not had one for at least two months? Will the Government bring forward another budget or social welfare Bill after 9 June?

Is this promised legislation, Deputy Harney?

Deputy Hogan is obviously from the intellectual wing of Fine Gael who reads the Daily Mail and then believes it, which is even worse.

There are no plans to bring forward the legislation referred to by the Deputy.

There are no plans. I call on Deputy Higgins.

There are no plans for this week but what about next week?

Is it the Government's policy that the social welfare budget should be cut?

I cannot discuss Government policy on the Order of Business.

It was announced outside of the House.

What is Fine Gael's policy?

The Minister for Health and Children, Deputy Harney, who is taking the Order of Business on behalf of the Government has stated there is no such business promised.

Is someone telling lies?

Does the Minister for Finance——

What is Fine Gael's policy?

Deputy Kelleher does not know more than the Minister for Health and Children does.

She has answered your question.

That is for this week but what about next week?

A Cheann Comhairle, I am sure you will agree that the Minister for Finance enunciates Government policy regarding the budget. Is it Government policy to reduce the social welfare budget?

A Cheann Comhairle, Deputy Higgins has indicated he wishes to contribute on the same issue.

I will ask the Minister the question again to clarify it for the Deputy but first I will allow Deputy Higgins in on the same issue.

Yesterday, the Parliamentary Assembly of the Organisation for Security and Co-operation in Europe had the benefit of an opening address by you, a Cheann Comhairle. This was followed by a statement by the Minister for Finance, Deputy Brian Lenihan, in which he said one of the key features of a social crisis with employment in an affluent country like Ireland is that large social welfare provision can be a disincentive to work which is a difficult issue to tackle. It is in the interest of all Members to know if there is a change in policy. There is no doubt whatsoever that the implications of the Minister's statement yesterday constitute a promise to have a change in social welfare policy. The only way this can be achieved is by a supplementary social welfare Bill. It is very helpful if the Minister, Deputy Harney, says there will be no change which I welcome. However, it is of significance to us that the Minister for Finance was only three weeks ago suggesting Ireland had a magnificent social welfare system that protected the poor.

I believe the Deputy has made his point.

If there is a change in Government policy, it is in here we want to hear about it rather than——

Deputy Hogan asked that question already.

——at an OSCE conference which is a festival of right-wing thinking and where extremists of free market thinking like to pad up each other.

Does Deputy Higgins remember the £1.50 increase in the old age pension when his party was last in Government?

There is nothing wrong with windy statements in such places.

Deputy Quinn is a great admirer of the free market.

However, if there is to be a change in policy, it is in here we want to hear it.

The Labour Party did not do much for the old age pension.

I cannot discuss left-wing or right-wing festivals on the Order of Business. I call the Minister.

Fianna Fáil took the medical cards off the old age pensioners.

What about the £1.50 for the pensioners?

It is better than withering on the vine.

Fianna Fáil is still taking the medical cards from them.

We are taking them from the rich.

One wonders if there is a Fianna Fáil Party at all when an Independent Minister is taking the Order of Business. All the Fianna Fáil candidates will not put the Fianna Fáil logo on their election posters. They are ashamed of being Fianna Fáil.

Do not mind that.

I got this election leaflet this morning from a Fianna Fáil candidate. Looking at it one would think he is the same as Deputy Harney, an Independent.

Deputy Ring, you cannot display photographs in the Chamber.

All the Fianna Fáilers are not putting, "Vote Fianna Fáil" on their election literature. They are ashamed of Fianna Fáil. Where are all the Ministers this morning?

Where is Deputy Kenny this morning? He is out canvassing for the elections.

Deputy Kelleher should take it easy.

The problem with Fianna Fáil candidates is they have realised they are going nowhere. The only ones in power over there are the Independents.

Deputy Ring is perpetually independent.

The Members over there are like the Clare football team.

A Deputy

Deputy Ring himself is confused.

Deputy Ring will have to raise that somewhere else. I call on Deputy Harney.

Fianna Fáil backbenchers are only cowards. They have let down the poor, the weak and the over 70s. A vote for Fianna Fáil is a vote for no medical cards.

Deputy Ring, I will have to ask you to leave the Chamber if you continue.

First, I join with Deputy Hogan in wishing the Ceann Comhairle a happy birthday. While he is unable to socialise with his colleagues within the environs of this House, I hope he gets an opportunity to enjoy his birthday somewhere.

Thank you very much.

He should have a drink with Deputy Healy-Rae in County Kerry.

Second, the Minister for Finance was referring yesterday to the need for incentives to work and I hope that every Member of this House would support such incentives.

A job would be a good incentive.

We have one of the highest rates in Europe of social welfare benefits for old or unemployed people. Moreover, contrary to a view put forward by Fine Gael's candidate in Dublin South this morning, an unemployed married man receives €339 per week and not €204 per week. Were Members to at least get the facts right, they might have appropriate debates in the Chamber.

(Interruptions).

It depends in some cases on whether the person was self-employed beforehand and the Minister should know that.

Apropos of the question asked by my colleague, Deputy Hogan, Members have not been provided with clarity in respect of Government policy on social welfare. Furthermore, in this House before Christmas, I raised the issue of a dole office for the people of Balbriggan, a community in which 4,000 people now are unemployed. Although it is almost June, there still is no sign of any facility despite half the main street of Balbriggan lying idle——

The Deputy should ask a question that is in order.

——due to the Government's handling of the economy.

Could Deputy Reilly not let the Department one of his properties?

The Deputy may only ask a question that is in order.

I will repeat the question of the Minister, as well as of the Fianna Fáil backbenchers and frontbenchers. What is Fianna Fáil policy? It cancelled the Christmas bonus.

Leave it at that now.

Does it now intend to cut the dole as well?

This matter is not covered by the Order of Business.

That is what Deputy Brian Lenihan has intimated in the press.

I call Deputy Crawford.

Where was the Deputy going to get the additional €2.5 billion?

The e-voting man.

I call Deputy Crawford.

The only way Fine Gael could have got it was by cutting the rates of social welfare.

I can tell the Minister what is Fine Gael policy.

Deputy Crawford, please.

Was it not Deputy Dempsey who asked what was €50 million in the overall scheme of things?

It was only small change to the e-voting man. The dunce.

Fine Gael would have cut social welfare to make the savings.

I call Deputy Crawford.

Does he know what it is now, in the overall scheme of things? Many jobs in SR Technics also could have been saved but the Government chose not to.

The Government increased social welfare by 500%.

I call Deputy Crawford.

I support the request of my colleague, Deputy Bannon, for a full debate in this House on agriculture. At a time when agriculture is going through serious mismanagement, a full debate is required and I ask the Whips to organise it——

The Deputy cannot discuss that. It is a matter for the Whips.

——as soon after the break as possible.

On other issues, is there any hope the sale of alcohol Bill will be brought forward? The present situation, whereby young people can buy drink in off-licences and so on without any control, is completely untenable. I wish to ask three questions pertaining to the Minister's own portfolio. First, I refer to the mental health (amendment) Bill, which pertains to a crucial issue at a time when people are under much pressure and require as much support as they can get. The other items are the eligibility for health and personal social services Bill and the health information Bill. These Bills must be brought forward quickly because the current position in respect of the information that Members are receiving and the knowledge as to who is eligible for what health services is extremely serious. I received a letter from the Health Service Executive this week that completely contradicts what has been promised in the past. People had been promised that no service would be removed from them——

We cannot deal with that now.

——until a better service was provided. The Minister has failed completely in this regard——

The House cannot deal with that now. I call the Minister on the legislation.

——and I seek proper information.

The sale of alcohol Bill is expected later this year. The mental health (amendment) Bill is expected next year and the heads of the health information Bill will go before the Cabinet shortly. I do not have a date for the eligibility for health and personal social services Bill at present.

The Minister did not provide a date for any of the items.

Despite the Ceann Comhairle's heroic efforts to try to kick-start the Dáil reform procedure, nothing has happened in that regard and matters are regressing at a rapid rate. Since the beginning of May 2009, 34 Adjournment debates have been allowed by the Ceann Comhairle. However, on only one occasion did a senior Minister come into the House.

That was the Tánaiste and Minister for Enterprise, Trade and Employment, Deputy Coughlan, who attended because the subject pertained to job losses in her own constituency.

A coincidence.

A total of 15 of the Adjournment debates were taken by one very junior Minister of State, Deputy Áine Brady, and many of the debates did not relate to her area of responsibility. A further seven were taken by another Minister of State, Deputy Calleary. Two thirds of the debates have been taken by two of the most junior Ministers in the House.

They are training them.

We are all equal.

Not Deputy Kelleher.

When this matter was raised a short time ago by my party leader, Deputy Gilmore, the Taoiseach responded positively. He stated that every Minister should seek, as a matter of courtesy, to be present in the House when a matter relevant to his or her Department is being taken. However, even though 15 Adjournment debates were on health, the Minister for Health and Children never turned up in the House at all. Fianna Fáil should get a grip on their Independent supporters in the Cabinet and tell them to do their job. They are not doing it now and are treating this House with contempt.

When the Ceann Comhairle and others tried to kick-start Dáil reform, they were told that a special committee comprised of Fianna Fáil and Green Party Members would tell them what the Dáil reforms would be.

The Green Party is not here.

Nothing has come of that. May I assume that next week, given that neither Fianna Fáil nor the Green Party is out canvassing——

That is what Deputy Stagg thinks.

——the people concerned may do some work on Dáil reform?

They are watching each other.

The Minister, on Dáil reform.

It is a matter for all the parties, and not a single party, to agree to Dáil reform.

As the Ceann Comhairle is aware, there has been a refusal to agree to serious Dáil reform for several years.

There have been no proposals on which Members have refused to agree.

There is nothing on which to agree.

Opposition Members do not wish to work extra time.

I welcome the publication yesterday of the Multi-Unit Developments Bill, for which Fine Gael strongly campaigned. People have been waiting for 12 years for this Bill to be published and were one a cynic, one would suggest it was being published nine days before the local elections for electioneering purposes. When does the Minister expect the Bill to come before the House and when does she expect it will become law?

The Bill is before the Seanad in the first instance and will come before the Dáil on completion of its passage in that House.

In view of recent developments, I wish to raise two items in respect of promised legislation. What is the current status of, and intention towards, the legislation to provide for the collection and exchange of information relating to the dangers of sexual exploitation, sexual abuse or risk thereof to children? Its original status in the legislative programme was that its publication was expected but that it was not possible to indicate when. Has the position in this regard changed due to recent events?

Second, I refer to the Bill to transfer transmission assets from the ESB to EirGrid. That is an issue in which the Green Party should be taking a particular interest, if one could only see a Green Party Member.

Over here Deputy.

Perhaps my sight is failing but I do not appear to be able to do so. Their visibility rating——

The Deputy's eyesight is terrible.

I apologise, Deputy Sargent is present. Where are his colleagues?

They are not canvassing anyway.

How are Deputy Durkan's glasses today? Not enough carrots.

A Deputy

A needle in a haystack.

Can some degree of importance be accorded to that legislation in view of the emphasis placed on energy and energy-related issues?

The soft information Bill is a priority for the Government and at least two senior officials in the Department of Justice, Equality and Law Reform are working on that legislation as a matter of urgency. I do not have a date for the second item of legislation.

On the second item of legislation, would it be possible to seek out the Minister responsible and encourage him to attend the House for the Order of Business? Although many people outside the House may be giving out or probably are being abusive at present, Members love him and wish to see him in the Chamber, as would the Ceann Comhairle. Hugging trees is one matter but coming before the House to——

Hug Deputy Durkan.

——accept responsibility for his ministerial portfolio is a different matter. Perhaps Deputy Johnny Brady has carried out an experiment like Einstein on him.

What legislation is this?

Perhaps, like the disappearing battleship, Deputy Johnny Brady has carried out an experiment and the poor Minister has——

I call Deputy Burton.

In the context of the all-party motion to which Members have committed themselves regarding the Ryan report and supporting the full implementation of the report's recommendations, I refer to the case of Melissa Mahon, the 14-year old girl and the man who was convicted yesterday of her unlawful killing. Will the Minister for Health and Children provide for an independent investigation because this child was in the care of the HSE?

I cannot deal with that now.

In the week of the Ryan report's publication, Members must be aware that abuse and the harrowing events related in that case equally require investigation. She was under the care——

I cannot deal with that now.

——of the HSE.

I cannot deal with that now.

Can the Minister disclose whether she will hold an independent investigation?

I call Deputy Enright.

I am delighted the Minister for Health and Children is taking the Order of Business as I can question her. The Oireachtas representatives from Laois-Offaly had a meeting with the HSE approximately six weeks ago at which approximately €6 million worth of cuts in that constituency alone were outlined. We have heard nothing since. It was to include the closure of all respite beds, the removal of transport for dialysis patients and the cutting of front-line staff, including speech and language therapists and home help. Can I ask the Minister——

We cannot deal with that now.

——under the health information Bill, because this is information people want, whether these are on hold——

We must move on.

——or whether we will merely see an announcement in this regard on 6 or 7 June.

I call Deputy Sheahan.

It is an important issue.

I know it is but the Deputy must ask a question that is in order.

She asked about the health information Bill.

Does the Minister have information on the health information Bill?

As I said, the heads will go to Government shortly.

What about the cuts in it?

It has nothing to do with the budget.

It has everything to do with the budget.

Is there any intention at Cabinet level to introduce support measures for the dairy sector? The Minister's officials attended the committee yesterday and some of the language that was being used about the soft landing in the dairy sector, where farmers are getting 20 cent a litre for their milk——

I cannot deal with that now.

Is there any such intention at Cabinet? They are getting 20 cent a litre. I met a man recently in my home village who told me——

I cannot deal with that now.

I told him I had not met him in the pub recently. He asked how could he have met me there when he would need five gallons of milk to have a pint of Guinness.

I call Deputy Carey.

On what date will legislation come before the House to set up the full US pre-clearance facility at Shannon?

I understand the legislation is finalised and it is a matter for the Whips to decide when we will discuss it. The Bill has been published.

When will it be before the House?

It is not even on the horizon.

It will be in the next few weeks.

I understand the Minister for Agriculture, Fisheries and Food has been speaking on the margins of the Council of Agriculture Ministers about the issue of the overwhelming power of the multiples in the retail market and the need to address that issue. Has this issue been addressed at Cabinet and is legislation envisaged in the area of competition law to tackle the enormous pressure that small food companies are being put under? Is there a proposal to introduce a code of conduct for the retail sector?

Is legislation promised in this area?

No, I do not believe legislation is promised. The Minister, Deputy Brendan Smith, has raised that matter at the full meeting of the Council of Agriculture Ministers.

On the margins.

No, it was not on the margins. It was raised at the full Council last Monday.

The Minister's press statement said it was on the margins.

I call Deputy Stanton.

Thank you. I am glad to see——

The Minister's press statement said it was on the margins.

It probably was not raised at all.

The matter was raised at the full Council meeting.

(Interruptions).

It is like the rest of the lies the Department tells.

I call Deputy Stanton.

I am glad to see the Minister for Agriculture, Fisheries and Food and the Minister of State, Deputy Kelleher, in the House today. On the industrial relations (amendment) Bill, I want to raise the fact that 160 jobs are probably at risk at meat plants in Midleton and Youghal. Perhaps the Ministers could look into the matter to see if anything can be done.

I raised the issue of the living alone allowance with the Ceann Comhairle two weeks ago and I was told by the Tánaiste at that time that I would receive a letter. When will this legislation come before the Dáil? At Christmas we were promised that it was to come to the House immediately. When will we actually have it in the Dáil?

In case the Deputy is in any doubt, that legislation does not apply to me, if that is the purpose of the question.

No, I am not talking about the Minister.

While I do not have a date, I understand the Minister for Finance is working on a number of measures in that regard. With regard to the industrial development authority legislation, it will be this session.

Barr
Roinn