It is proposed to take No. 3, Courts and Court Officers Bill 2009 — Order for Second Stage and Second Stage; and No. 4, the Statute Law Revision Bill 2009 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 6 October 2009.
Order of Business.
There is one proposal to put to the House, namely, that the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 6 October 2009. Is it agreed to?
Normally there are objections to the Dáil rising but, in this case, we are concerned with something that is really fundamental to our country. Therefore, I do not object to the proposal. Fine Gael is trying to encourage all its members to avail of the adjournment to connect directly with the people with regard to the importance of approving of the Lisbon treaty with a resounding "Yes".
It is normal for the House not to sit on the week of a referendum. On this occasion, that is particularly appropriate. Many people, even still, make the point to us that there are some uncertainties and a lack of clarity with regard to the Lisbon treaty. Therefore, there should be an opportunity for Members to provide the leadership at local level on the treaty. The Labour Party will certainly seek a "Yes" vote and encourage all its party members and councillors to participate actively in that campaign.
Before we agree to the proposal, I ask the Tánaiste to clear up a matter. When we return after the Lisbon referendum, the two main items on the political agenda will obviously be the NAMA legislation, the debate on which will continue and about which we can talk later, and also the budget. I seek clarity on——
I will call the Deputy when we agree, or otherwise, to the proposal before the House.
I appreciate that and I do not want to overstrain the Leas-Cheann Comhairle's position on order. I ask him to allow me a little latitude.
I will indeed. I call Deputy Ó Caoláin on the proposal.
While I do not object in principle to the proposition that the Dáil be suspended next week, I ask that the Tánaiste, as Minister for Enterprise, Trade and Employment, make a commitment that, on its resumption, irrespective of the outcome of the Lisbon treaty referendum, the Government will commit to hosting a debate on the unemployment crisis we face in this economy. It is critical.
I ask the Deputy to deal with the proposal.
We are rising today a week in advance of the Lisbon treaty referendum following yesterday's announcement of the EU Commission's approval of a €54.5 million subsidy by the Polish Government——
I gave some latitude to the Deputy to raise general issues——
It is very important and the answer I will receive will determine whether I object to the adoption of the proposition. Yesterday, the EU Commission approved a €54.5 million subsidy for the relocation of 1,900 jobs from the Limerick area to Poland. This is absurd when many of the posters outside the House and throughout the country——
The Deputy cannot make a speech, as he knows full well.
——are urging voters to vote "Yes" for jobs.
The Deputy has no more interest in jobs than in supporting a "Yes" vote.
Let us make no mistake that there is something fundamentally wrong when the EU Commission can approve the relocation of 1,900 Irish jobs to another country in the European Union. Expenditure of €54.5 million has been approved while our Government and those of other member states are supposedly unable to make such interventions.
The Deputy knows he cannot make a speech about that now. I call the Tánaiste.
It was decided by the Government and the leaders that this was the most appropriate form of action. I agree that there is still considerable work to be done and it is on that basis that everyone is anxious that we have the opportunity, over this weekend and next week, to stress the importance of a "Yes" vote in the Lisbon treaty referendum. The other issue is a matter for the Whips.
I am now putting the question.
Will the Tánaiste indicate whether she will seek to schedule a debate in this House on the unemployment crisis?
I am afraid the Deputy cannot come back again.
Will the Tánaiste personally seek a debate in this House on the unemployment crisis?
The Deputy will resume his seat, please.
She can answer that.
The Deputy had an innings and the Tánaiste responded.
Question, "That the proposal to adjourn the Dáil on its rising today until 2.30 p.m. on Tuesday, 6 October 2009 be agreed to," put and declared carried.
I have consulted with Deputy Mitchell and she tells me that tangerine has a calming effect on blood pressure. I saw a picture of the Tánaiste having her blood pressure checked yesterday and I assume there is a good reason for that, when it seems it is now three to one against McCarthy from inside the Cabinet. The Tánaiste, the Minister for Community, Rural and Gaeltacht Affairs and the Minister for Arts, Sport and Tourism make it three to one against. I do not know whether she wishes to say anything about that or whether that is the position as we move towards the Lisbon referendum and subsequent to it.
A Deputy
Do not forget Dermo and the guards.
The Tánaiste might be able to confirm whether a date for the budget has yet been set. Deputy Enright informs me that No. 19 on the legislative list, the Social Welfare Bill, provides for the implementation of budget 2010 increases and to make amendments to the social welfare code in accordance with the legislation to be published. Do I take it that, contrary to some rumours or allegations, the Tánaiste is referring to social welfare increases in accordance with what is printed? She might wish to comment on that.
I thank the Tánaiste for her comments on Tuesday in respect of having the Joint Oireachtas Committee on European Scrutiny empowered to examine a small number of directives in the context of the way in which we have transposed those directives into law in Ireland. Do I take it that, following her agreement to this, the committee could proceed in its own time to consider a number of directives with a view to examining the flexibility and the way in which we have transposed them into law, as distinct from losing the impact of what was intended by the directive?
I am delighted the Deputy is concerned about my blood pressure and I can advise it is absolutely perfect. I had a huge opportunity in UCC to take the opportunity of convincing some young people that it is appropriate for them and their future that they vote "Yes". I even spoke to the Deputy's own people, Deputy Gilmore's people and I tried to convince Sinn Féin but that did not work. Perhaps it might in due course.
On the issue raised I reiterate exactly what is happening with regard to the preparation for the budget. The McCarthy report is providing options. If there are alternatives to those options they will be considered. All of this will be considered by the Government but the bottom line is €4 billion of reductions in expenditure will have to be found.
That does not make sense.
Is it €3 billion or €4 billion?
That is it and people will have to wait until such time as the deliberative process has been completed before any final decisions are made.
Deputy Lenihan said €3 billion.
Contrary to what the Deputy indicated in his press release the Government is not in disarray and contrary to his other opinion that McCarthy is shelved, it is not.
Would the Tánaiste agree that a lot of it does not make sense?
On the issue of the Social Welfare Bill, that is for the next session. On the scrutiny of directives, unless there is some legislative reason it should not happen of course it can start immediately.
Disarray is mercurial.
I thank the Tánaiste for clarifying the Government's objective on public expenditure cuts. She has confirmed both in an interview and on the record of the House that the Government objective is to achieve €4 billion in cuts in public expenditure, obviously something of significance. We now know what will be in the budget in so far as cuts and spending are concerned. What we do not know is when the budget will be brought before the House. Yesterday, when I asked the Tánaiste about this she informed me the Cabinet had not met this week to decide the matter and we subsequently discovered the Cabinet had met this week in fact, but that it had not decided when the budget was going to be introduced. Can the Tánaiste give us any indication of when the Budget Statement will be made?
Will the Tánaiste clarify the Government's position in respect of the children's referendum? In 2007, the Government published a wording on the proposed constitutional change in respect of the rights and protection of children. It was agreed at the time by all parties that the proposed wording was inadequate and a committee of the House has been engaged in trying to come up with a suitable wording since then. All parties and all members of that committee, including the chairperson from the Government side of the House, were of the view that the wording originally proposed was inadequate. I understand that yesterday the Minister with responsibility for children told the committee that the Government now considers the wording is adequate. Can the Tánaiste clarify the Government's position in respect of the proposed referendum on children? Will the Government proceed with the referendum on the basis of the wording that it originally proposed? Has the committee been wasting its time for the past two years?
The answer to the first question is "No". On the second question on the referendum, the Government has always stated that it will await the outcome of the deliberations of the committee before coming to any decision. Those deliberations are expected from the committee on 16 October, at which stage the Government will take the report and make its decision.
I do not ask often what "No" means but on this occasion I must ask what the Tánaiste's answer to my first question means.
The question was "Have we a date for the budget?" and the answer is "No".
The Tánaiste does not have a date for the budget.
It is the same answer as yesterday and it will be the same answer until the Government makes its decision on when the budget will be introduced.
What is the problem? We all plan our diaries, even personally. I presume the Government has some idea of its diary between now and Christmas. I imagine the many public relations and press people attached to Government at every level must be advising Government on the most convenient date to introduce the budget. Some consideration must have been given as to what time will be given to the House to debate the budgetary issues. There must be some target date for Departments. It is incredible——
I think the question is answered.
——that the Government would be in a situation that it does not know the date of the budget.
It is not appropriate to make a speech on the matter.
During the debate in the Dáil yesterday on Dáil reform, the Minister of State at the Department of the Taoiseach, Deputy Pat Carey, indicated the decision made earlier concerning the abolition of Dáil committees and to reduce the number to 15 had been effectively abolished. I am unsure if that is exactly what he stated and perhaps the Tánaiste could clarify whether the decision to reduce Dáil committees to 15 from 22 will be carried out. What is the position on the matter?
On the matter of secondary legislation also arising from that Dáil debate yesterday, the Leas-Cheann Comhairle will recall that the Dáil passed legislation on foot of a recommendation of the Houses of the Oireachtas Commission empowering the Minister for Finance to make regulations to introduce a single, verifiable parliamentary allowance rather than the whole clatter of allowances currently paid to Members. The law has been passed by the House. In the matter of that secondary legislation will the Tánaiste indicate when we can expect to see the Minister making the Order in this case?
On the first question there is no promised legislation. On the second question I realise Deputy Shortall raised this issue yesterday and she has been advised that the Minister for Finance has introduced enabling legislation which will allow the proposals of the commission to be implemented. He is of the view there is a need for further consideration and discussions on the proposed composite allowance and in the meantime he has taken steps in the revision of expenses, most particularly the Oireachtas expense allowance reductions by 10% and, in the case of mileage, by 25%.
The matter relating to committees is not contained in promised legislation but it is Government policy and we are entitled to ask about that as well. The Government has made a decision in this regard and no legislation is required, as far as I understand.
The Tánaiste has answered the question.
She has not answered the question, which is the problem. That is what we discussed yesterday.
The Chair cannot do any more than allow the question to be put.
On the other matter, if we forget about the waffle surrounding it, is the Tánaiste really saying to the House that there is no intention to implement the law passed here on recommendation from the commission?
A question was put on secondary legislation and answered.
There are major changes under way in the administration of the medical card system. Under the McCarthy report recommendations, many more thousands of people will lose their medical cards. I hope this is one of the elements of the report which the Tánaiste would regard as making no sense at all and it will not be presented.
Given the promised legislation list published by the Government last week, the Department of Health and Children has given no commitment to present in the current year the eligibility for health and personal social services Bill. I received a letter from the Taoiseach before the summer recess advising that the Bill would present this year. It has again been stated that the Department is not in a position to state when it will be published.
When will the Bill be taken?
When will we see that Bill and the opportunity to address the health and personal social services which are needed?
It is expected the proposals will go to the Government by the end of this year.
They may go to the Government but what about the publication of the Bill?
It will be after we have made our deliberations on the matter.
I will raise three matters relating to the legislative programme. The purpose of the Social Welfare Bill is to provide for the implementation of budget 2010 increases and to make amendments to the social welfare code. Will the Tánaiste confirm that the legislative programme published by the Chief Whip is correct and the Social Welfare Bill will contain increases? A simple "Yes" or "No" will suffice.
With regard to the local government (Dublin mayor) Bill, is it still the intention of the Government to hold an election for the office of mayor of Dublin in 2010, as stated by the Minister for the Environment, Heritage and Local Government, Deputy John Gormley, or will it be postponed indefinitely like the Donegal South-West by-election?
With regard to the forthcoming referendum, does the Tánaiste have any intention to introduce amendments to the Industrial Relations Acts to provide for collective bargaining, as outlined in the Charter of Fundamental Rights?
The Social Welfare Bill will be taken in this session. The Bill dealing with the election of a Dublin mayor will be taken next year and it is the Government's intention to proceed with the election in 2010. There are no proposals for an amendment to industrial relations legislation.
What about the increases in social welfare?
Maidir leis an reachtaíocht atá geallta, an Bille um Údarás na Gaeltachta, a athróidh teorainneacha na Gaeltachta agus a leagfaidh amach sainmhíniú nua ar cad is Gaeltacht ann, cathain atá an straitéis 20 bliain don Ghaeilge le foilsiú?
An bhfuil an Teachta ag iarraidh mar gheall ar an straitéis nó an Bhille?
Tá an reachtaíocht ag brath ar an straitéis.
Caithfidh mé a rá nach bhfuil siad socraithe go fóill. Beidh mé ag caint leis an Aire mar gheall orthu.
The Government has apparently decided to hold Committee Stage of the NAMA Bill in the committee rooms, downstairs in the dungeons. Will it give serious consideration to holding Committee Stage, which will deal with over 100 sections, in plenary session on the floor of the Dáil? This is very important legislation and Committee Stage is vital. To bury it two floors underground in Leinster House would be to do a grave disservice to all the people around the country who are worried about the implications of the €54 billion outlay.
Once the Lisbon treaty referendum is over, the timescale for the budget — if it is to be in early December — will be quite short. What does the Government propose to do with regard to the publication of the Estimates? The publication of the Estimates has been abandoned in recent years and it is very difficult for the Opposition in particular to have a sense of how the Government is framing its budget, particularly in the context of the McCarthy report, without the publication of estimated outlines of expenditure.
The NAMA Bill will be referred to committee in the normal way and as every Member is aware, every Deputy can participate in any part of the debate. It is a slight on the committees to think this legislation would not be important enough to have some public airing.
That should take place in this Chamber.
With regard to the publication of Estimates and the budgetary process, the Government will make its decisions in the context of a timeframe set down by the Government. I am not prepared to give a timeframe for it until we decide what to do.
I would like advice from the Tánaiste as to if and when the Government intends to act on the sale of alcohol as it is today, with so many young people——
Does this relate to promised legislation?
I refer to the sale of alcohol Bill. On a number of occasions, the attachment of fines has been discussed in this House. A Bill was prepared on this side of the House and we were told that because it was not perfect, the Government would introduce immediate legislation in that respect. It is not even on the list.
The sale of alcohol Bill will be published next year and with regard to the fines Bill, the Minister has advised that he has almost completed his deliberations on the matter and will bring forward proposals to Government.
The human tissue Bill is promised for some time in 2010. Will there be a consultation process in advance of the Bill as there are a number of issues, such as presumed consent for organ donation, which would benefit from a public consultation process?
That is a question for the relevant Minister.
Will the Tánaiste tell me when in 2010 it will be published?
There will be consultation on this legislation and the heads are being prepared by the Minister before being brought to Government.
After the Navan bus crash there was an independent report by PricewaterhouseCoopers into the roadworthiness of commercial vehicles and buses. The report has been on the Minister's desk since April 2007. Why has no action been taken to ensure our HGVs and buses are safe on our roads? Legislation was promised to create an Irish accident investigation unit, which was to amalgamate road, rail and marine safety bodies.
I understand the matter has been submitted for the Adjournment debate.
The recent Dublin Bus crashes have been a cause for great concern, notwithstanding that company's good record internationally in the carrying of passengers.
No legislation is promised.
There is.
The Chair can only take the word of the Tánaiste.
The Tánaiste does not know. According to a parliamentary question——
If the Deputy resumes his seat, I will explain procedure.
I raise the point again——
Will the Deputy resume his seat?
Sit down.
The Deputy may ask a question on legislation and the Tánaiste will respond. The Tánaiste has said there is no legislation promised.
There is.
It is not a debate; it is a simple question.
I have a reply to a parliamentary question.
That can be raised with the line Minister.
On a point of order——
I will allow a point of order.
I am allowed to ask questions on the Order of Business relating to promised legislation. This is promised legislation. The Minister for Transport, Deputy Noel Dempsey, is sitting beside the Tánaiste and if she cannot indicate the position, then perhaps he can do so. Will the Minister confirm that the legislation is promised?
The Tánaiste rose.
The Deputy should resume his seat.
I will do so, but I want an answer.
No, the Deputy will resume his seat now.
While the Chair stands, I will sit.
The Tánaiste is standing.
The Minister, Deputy Dempsey, will inform the Tánaiste of the position.
Is there legislation promised?
The Minister advises that on the issue of the amalgamation of the authorities, there may not be any necessity for the legislation.
On a point of order——
The Deputy should allow the Tánaiste to conclude her reply.
However, no final decision has been made with regard to whether legislation is required. In the main, the Minister is of the view that most of the work relating to the amalgamation can be carried out within the Department.
That sounds like——
On a point of order——
The Deputy should allow the Chair to speak.
I have been sitting down for five minutes.
No, the Deputy has been standing for five minutes.
(Interruptions).
The Deputy should resume his seat.
I wish to raise a point of order.
The Deputy may do so in a moment. However, he may not raise a point of order when the Chair is on its feet.
He is in the hot seat.
I am happy to allow Deputies to raise any matters they wish. However, I will not be bullied by any Deputy.
(Interruptions).
I hope my asking the Tánaiste questions does not intimidate the Leas-Cheann Comhairle.
(Interruptions).
The Deputy will resume his seat.
What about my point of order?
The Deputy will resume his seat when the Chair is on its feet.
I still want to put my point of order.
The Deputy will either resume his seat or leave the House.
Is the Leas-Cheann Comhairle trying to bully me?
No. The Chair will not put up with this behaviour.
I will not be bullied by the Leas-Cheann Comhairle.
Will the Deputy resume his seat?
I was elected to ask questions and I want an answer to that which I have posed.
Will Deputy O'Dowd resume his seat and show some respect for the Chair? The Tánaiste has answered the Deputy's question.
She has not done so.
I have.
We are not going to enter into a——
The Department informed me yesterday that legislation is in the course of preparation.
——debate on the matter. I call Deputy Creed.
(Interruptions).
On a point of order——
I apologise, I meant to call Deputy Kathleen Lynch.
May I raise a point of order?
Yes. I will call Deputy Kathleen Lynch in a moment.
In view of the fact that the Minister's Department informed me yesterday that the legislation is being prepared and will be ready next year, I am seeking confirmation as to whether this is in fact that case.
If the Deputy knew that was the position, why did he ask the question?
I want the Tánaiste to indicate that it is the position.
The Tánaiste has answered the question. The Deputy can pursue the matter further with the line Minister.
When will the provisions of the Education for Persons with Special Educational Needs (EPSEN) Act, which was suspended in the most recent budget, be reactivated? When will the mental capacity Bill — the title of which, I hope, will be changed to the legal capacity Bill — be introduced? When will the review that is taking place in respect of personal alarms for the elderly be completed, when will it be published and when will the Government act on it? The one item of security the elderly had at their disposal were these personal alarms and the Government has taken them away. When will the review be completed?
The Deputy's first two questions are in order. Her third should be tabled to the relevant Minister in the form of a parliamentary question.
A decision has not been taken in respect of reactivating the education legislation to which the Deputy refers. It is hoped the mental capacity legislation will be introduced by the end of this year or the beginning of next year. The review on personal alarms will be completed next month.
The Minister for Agriculture, Fisheries and Food made a dawn raid on the National Ploughing Championships yesterday and I understand the Taoiseach is due to attend today. On foot of their visits, I have no doubt that they will both be acutely aware of the crisis in agriculture. The Teagasc farm income survey shows that incomes were down 15% in 2008——
The Deputy should ask a question on legislation.
——and that they are due to fall by 20% in 2009. For that reason, will the Government Chief Whip facilitate a request for a day-long debate on the crisis in agriculture to be held prior to the Government finalising its deliberations on the budget for 2010?
Has a debate on agriculture been promised?
Nothing has been promised but the matter can be considered.
No. 67 on the Order Paper relates to Duchenne muscular dystrophy. Duchenne Ireland met the Minister for Health and Children, Deputy Harney, on 6 June. In reply to a parliamentary question tabled earlier this week, the Minister stated that the issues raised by Duchenne Ireland in respect of the 150 boys in this country who suffer with the condition are under active deliberation and are receiving detailed consideration.
Is legislation promised?
That is the question I wish to put to the Tánaiste.
Either legislation is promised or it is not.
Will the Tánaiste indicate what is meant by the terms "active deliberation" and "detailed consideration"? The families involved understand them to mean that the matter has been placed on the long finger.
Is legislation promised?
We had a debate on this matter. Like the Deputy, I am working on it. However, there is no legislation promised.
Will the Tánaiste answer the question put to her by Deputy Varadkar vis-à-vis the accuracy of the social welfare provision? Is there to be an increase?
Unfortunately, the Deputy is not permitted to ask about the content of legislation.
In that event, is the description of the legislation accurate?
The Tánaiste will be aware that there has been a 70% increase in delayed discharges in our hospitals. This primarily relates to the fact that the fair deal is yet to emerge. When will the relevant legislation, which has been passed by the House, be implemented? People are hanging on by their fingernails and our hospitals are blocked up with patients who want to be discharged. In addition, there are others who need to be admitted in order to receive treatment.
The Tánaiste on the commencement of the fair deal legislation.
That question was asked on Tuesday and the Minister will revert to the Deputy directly. The Social Welfare Bill will be taken this session.
Deputy Kathleen Lynch inquired about the EPSEN Act and the mental capacity Bill. I wish to ask about the position regarding the sections of the Disability Act that have been shelved. When will the promised legislation on a public advocacy service be introduced? I am informed that applied behaviour analysis, ABA, schools are under threat of closure by the Government. The disability strategy is in tatters because the various measures relating to it have either been shelved or placed on the long finger. When will the sections of the Disability Act to which I refer be reactivated?
I will revert to the Deputy on those matters.
Earlier this week I inquired with regard to ratification of the United Nations Convention against Corruption. I am grateful to the Minister for Justice, Equality and Law Reform for his reply to the effect that on the passing of the Prevention of Corruption (Amendment) Bill, the convention will be signed. I also inquired as to whether Ireland proposed to sign the optional protocol to the UN Covenant on Economic, Social and Cultural Rights but I did not receive a reply. Does Ireland, as is reported, propose not to sign the optional protocol? Will the Government's reasoning behind this decision be placed in the Oireachtas Library in order that Members might inform themselves with regard to Ireland's reluctance to sign the protocol, which has been signed by other progressive countries?
I do not know whether the Tánaiste can be helpful on that matter.
The Minister for Foreign Affairs has been asked to revert directly to the Deputy on that matter. The Minister is abroad and will revert to the Deputy upon his return.
There is a requirement for an order to be made under the Defamation Act to give recognition to the Press Council. Is such an order likely to be brought before the House in the near future?
I will revert to the Deputy on that matter.
Legislation to consolidate and reform the position regarding landlords and tenants has been promised for some time. When will such legislation be introduced?
Next year.