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Dáil Éireann díospóireacht -
Wednesday, 2 Dec 2009

Vol. 696 No. 4

Order of Business.

The Taoiseach

It is proposed to take No. 1, Companies (Miscellaneous Provisions) Bill 2009 [Seanad] — Second Stage; No. 1a, Planning and Development (Amendment) Bill 2009 [Seanad] — Second Stage, to adjourn at 7 p.m., if not previously concluded, and the order shall not resume thereafter; and No. 46, statements on climate change (resumed).

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; and the proceedings on the Second Stage of No. 1 shall be taken today and shall, if not previously concluded, be brought to a conclusion at 6 p.m.

Private Members' business shall be No. 97, motion re child benefit (resumed), to conclude at 8.30 p.m. if not previously concluded.

An Ceann Comhairle

There are two proposals to put to the House. Is the proposal that the Dáil shall sit later than 8.30 p.m. agreed? Agreed.

Is the proposal for dealing with No. 1, Companies (Miscellaneous Provisions) Bill 2009 [Seanad] agreed?

Deputy Enda Kenny

I object to the guillotine in respect of this important Bill.

Deputy Emmet Stagg

There is absolutely no need to guillotine debate on this Bill. We believe Second Stage can be agreed without a guillotine.

The Taoiseach

In an effort to facilitate a request from the Opposition yesterday, we reduced the time for debate on this Bill on the basis that it would allow more time for statements on climate change. I am now surprised to hear, having explained that this Bill had to be enacted prior to Christmas for the reasons outlined, which are well known to the spokespersons, that there is a problem in this regard. So much for co-operation.

Deputy Bernard J. Durkan

So much for not bringing it in on time.

Question put: "That the proposal for dealing with No. 1 be agreed to."

The Dáil divided: Tá, 77; Níl, 71.

Tá

Níl

Tellers: Tá, Deputies Pat Carey and John Cregan; Níl, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

An Ceann Comhairle

Could we have some ciúnas in the House, please?

Deputy Enda Kenny

May I ask the Taoiseach two questions? This year, the Chairman of the Joint Committee on Climate Change and Energy Security, Deputy Seán Barrett, and the committee produced a worthy offshore renewable energy development Bill. However, it has not appeared on the Government's implementation agenda. Does the Government intend to include it, in light of its importance in terms of jobs and potential development?

No. 51 on the Government list is a climate change Bill. The Government will be sending representatives to the Copenhagen conference, but the Bill is not expected to be published until 2010. In light of the importance attached to climate change and its implications by the EU, in view of the statements of Ministers in the House and if we are serious about these matters, will the Bill's production be given extra priority?

Yesterday, I mentioned the Committee of the Regions to the Taoiseach. Since the current committee's remit has ended, will the Taoiseach have consultations on a fairer and more representative membership of the new committee, given the change in numbers arising from how people voted in the June elections?

The Taoiseach

The latter is a matter for the Minister for the Environment, Heritage and Local Government. Regarding the climate change Bill, it is expected next year. The other Bill mentioned by the Deputy is a Private Members' Bill, which is its status at the moment.

Deputy Seán Barrett

On that point, will provision be made in the Government's legislative list for Bills produced by all-party committees? They do not conform to normal Private Members' Bills. The Bill in question is not a Private Members' Bill. Rather, it is a Oireachtas joint committee Bill produced via an all-party approach. There is no provision in the manner in which legislation is presented to show that our Bill is hovering around the place. Could I respectfully suggest that some provision be made in the legislative programme for legislation produced by committees, which would allow Bills' progress to be monitored?

The Taoiseach

Whether the Government supports any Bill from whatever source depends on the Government giving consideration to those matters. There are many all-party recommendations from committees on a whole range of issues, reports, etc., that must be considered by Government in due course. It does not denote prior approval by Government in every respect of the issue involved, whether it is legislation or otherwise. The only point I can make to the Deputy is that we can take up the matter with the Minister concerned to see what is the situation.

Deputy Eamon Gilmore

Only four sitting days have been scheduled after the budget, which will be announced this day week. Four days is a short period for a debate on a budget, particularly one that we expect will be exceptional. In addition, the Taoiseach replied to me to the effect that it may be necessary to have a social welfare Bill brought through the Houses and enacted before the Christmas recess if any changes to social welfare payments are to take effect at the beginning of the year. In response to the Labour Party's Private Members' Bill last night, the Minister for Social and Family Affairs confirmed to the House that there will be cuts in social welfare, which would appear to necessitate a social welfare Bill before Christmas.

An Ceann Comhairle

We cannot discuss the budget now.

Deputy Eamon Gilmore

I am discussing arrangements for the House's sitting. Is there clarity on whether there will be a social welfare Bill before Christmas? Does the Government plan to allow sitting days before Christmas in addition to the scheduled four? It is a small number.

The Taoiseach

I am not aware of any other plans beyond what is scheduled at the moment. Clearly, if there are any changes in social welfare, a Bill would have to be enacted in time for them coming into operation. This would have to be done and is the normal position. A budget debate can be resumed in some instances beyond the period in which we are at the moment.

Deputy Eamon Gilmore

We are going to have to discuss the arrangements for the budget debate and for any social welfare Bill that is introduced.

An Ceann Comhairle

That is a matter for the Whips.

Deputy Eamon Gilmore

No, it is about——

An Ceann Comhairle

They are going to deliberate on that.

Deputy Eamon Gilmore

With respect, a Cheann Comhairle, I am entitled to ask questions about the arrangements for sittings and the conduct of business. The Government has created a set of circumstances in which the date of the budget has been put back to 9 December, thereby leaving a very short period of time for a debate on the budget. It appears there may be a political strategy to get the budget, and possibly the social welfare Bill, done and dusted by Christmas in the hope that people may forget about them, or get over them, during the Christmas period. In any event, four days is not a sufficient period of time for a debate in the House on the budget. It is certainly not a sufficient period of time for a debate on the social welfare Bill, if such a Bill is to be published before Christmas. With just a week to go until budget day, I ask the Taoiseach to outline the consideration the Government has given to the sitting arrangements between now and Christmas. The Government has decided that the Minister for Finance will give his Budget Statement on 9 December, rather than 2 December which would have been the expected date.

The Taoiseach

I have indicated the position to the Deputy. The budget is taking place on 9 December. We will have a budget debate. A social welfare Bill will also have to be enacted, to bring the budgetary decisions into operation. The Government's only strategy involves making the budgetary adjustments that are necessary to maintain a credible budgetary strategy and enacting legislation in a timely fashion on the basis of the decisions that are made.

An Ceann Comhairle

We have spent a long time on this issue.

Deputy Eamon Gilmore

In fairness to the Taoiseach, this is the first time he has acknowledged that there will be a social welfare Bill before Christmas.

The Taoiseach

The Deputy is wrong.

Deputy Eamon Gilmore

We now know what that means. It will not suffice to provide for four sitting days on which to debate the budget and the social welfare Bill. I would like the Taoiseach to set out, before we break at the end of this week, details of satisfactory sitting arrangements for the rest of this session. If he is not in a position to do so today, perhaps he will direct the Tánaiste to do so tomorrow. A satisfactory amount of time will have to be provided for a debate on the budget and the social welfare Bill that has now been promised.

An Ceann Comhairle

I am sure the Whips will consider the matter, as they do every week.

Deputy Emmet Stagg

It is not the Ceann Comhairle's job to answer that.

The Taoiseach

As I have said, the budget debate often continues beyond the immediate aftermath of the budget, or the week of the budget. In my experience, that has been the normal practice in the past. A social welfare Bill is always required in the aftermath of a budget to provide for any social welfare changes that may be demanded. We will have to do that in a manner that is consistent with the budgetary strategy that will be outlined by the Minister for Finance next week. If legislation is needed after the budget has been passed, that will have to happen.

Deputy Bernard J. Durkan

During the course of this Dáil session I, like several other Members of the House, have asked about the degree of priority being accorded by the Government to the introduction of a Bill to provide for the collection and exchange of information relating to the endangerment, sexual exploitation or sexual abuse——

An Ceann Comhairle

Is the Deputy referring to promised legislation?

Deputy Bernard J. Durkan

The Ceann Comhairle can be sure that I am. When I finish my sentence, he will have heard it. I was asking about the Bill that will provide for the exchange of information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof, of children. The Bill in question, the child care (collection and exchange of information) Bill, is No. 60 on the Government list. It has been promised repeatedly in this House that the Bill will be published in 2010. Is the introduction of that legislation in this House, to facilitate a full debate on this issue and its implications, not a matter of urgency for the Government in the current climate?

The Taoiseach

I am sure the Deputy will be aware of the statements made in the last week, following the publication of the Murphy report, by the Minister of State, Deputy Barry Andrews, about the status of the legislation in question. The heads of the Bill are being prepared in the Department of Health and Children as a matter of priority. The Minister of State hopes to bring those heads to the Government for its approval within the next month or so. He will continue to work on the detailed drafting of the Bill thereafter. He will introduce the legislation as soon as practicable and possible. During yesterday's debate on the Murphy report, I outlined in detail the considerations that will have to be taken into account as the legislation is being prepared.

Deputy Bernard J. Durkan

I would like to make a point of clarification.

An Ceann Comhairle

We cannot spend——

Deputy Bernard J. Durkan

I do not want to prolong the debate.

An Ceann Comhairle

I want to try to facilitate the large number of Members who are offering.

Deputy Bernard J. Durkan

With all due respect, this issue has been raised by virtually everybody on all sides of this House. While I fully accept what the Taoiseach has said, there is one thing missing. Even though this issue was flagged and heralded many months ago, there is no degree of urgency.

An Ceann Comhairle

The Deputy is going to have to find an alternative way to raise this issue.

Deputy Bernard J. Durkan

The need for the information is obvious to everybody. I know that the Taoiseach means what he says to the House.

An Ceann Comhairle

The Deputy has made his point.

Deputy Bernard J. Durkan

Can he give——

An Ceann Comhairle

I have given the Deputy a lot of latitude on this matter.

Deputy Bernard J. Durkan

The Ceann Comhairle will be glad to know that I am finishing with my latitude now.

An Ceann Comhairle

If he wants to pursue it, he can do so on the Adjournment or in several other ways.

Deputy Bernard J. Durkan

I merely wanted to ask the Taoiseach again if he will give particular or specific instructions to those involved in preparing the Bill to complete their endeavours as a matter of urgency. Will he do that?

The Taoiseach

The process is under way, as I have said. The question of whether these matters should be dealt with constitutionally or legislatively was referred to the Joint Committee on the Constitutional Amendment on Children, which is chaired by Deputy O'Rourke. The legislative route has been taken and progress has been made. All I can do is reiterate what has been said about this legislation on a number of occasions in the past week, both inside and outside the House.

Deputy James Bannon

The Garda Síochána is operating within the strictures of cutbacks. Garda stations have been closed, manpower has been reduced and there is a lack of essential facilities.

An Ceann Comhairle

I am sure a parliamentary question would elicit the information the Deputy is looking for.

Deputy James Bannon

I am looking for information on a Bill.

An Ceann Comhairle

As quickly as possible, please.

Deputy James Bannon

I am coming to it. In some cases, criminals are better equipped with modern technology than the Garda itself. When will the Garda Síochána (amendment) Bill, which will provide for amendments to existing legislation that have been sought by the force, be published? This important legislation, which has been on the clár for a long time, should be brought forward as soon as possible. If it is not possible to do that before Christmas, it should be done early in the new year.

The Taoiseach

I understand that while the heads of the Bill have almost been finalised, there is no date for its introduction.

Deputy Lucinda Creighton

When does the Government plan to publish the mental capacity Bill? I understand that the Minister for Justice, Equality and Law Reform originally said it would be published last Easter, but we are still awaiting its publication. This legislation is important because it will protect the most vulnerable people in our society. It is essential because it will update extremely archaic legislation that dates back to 1871. The 1871 Act urgently needs to be updated so that we can fulfil our obligations under the Convention on the Rights of Persons with Disabilities.

The Taoiseach

I understand it is hoped to bring that legislation forward early in the new year.

Deputy Ruairí Quinn

I would like to ask the Taoiseach about two education Bills that are on the list to be published in this session. The education (patronage) Bill has been promised for a long time. As it is a very small Bill, I cannot understand why it has not been published. Second, there is deep unease in American circles about the continued failure of the Department of Education and Science to meet the commitments that have been made in our name to honour Mr. George Mitchell. Can the Taoiseach tell the House whether the commitments that have been made by Ireland will be honoured before Christmas?

The Taoiseach

I understand that the Bills in question, which are due for publication at the start of the next session, will be published at that time.

Deputy Ruairí Quinn

After Christmas.

Deputy Jan O’Sullivan

I would like to ask about the Child Care (Amendment) Bill 2009, which has been published. I am not sure whether it is before the Seanad at present. The Bill in question will amend the Child Care Act 1991.

An Ceann Comhairle

Did the Deputy say that the Bill is in the Seanad?

Deputy Jan O’Sullivan

I am not sure if it is in the Seanad. It may have been published with the intention of being introduced in the Seanad, but that may not have happened yet. The Murphy report said that the powers of the HSE are not adequate to deal with child sexual abuse by non-family members and suggested specifically that the 1991 Act needs to be amended to address this issue. When it deals with the Bill that is already published, will the Government take the opportunity to address the giving of extra powers to the HSE with regard to child sexual abuse by non-family members?

An Ceann Comhairle

The line Minister would be much more appropriate.

Deputy Jan O’Sullivan

The Taoiseach referred to this in his speech on the Murphy report last night, saying the Attorney General was being consulted.

The Taoiseach

That was the point I was going to make. The Attorney General is being consulted with regard to that point. The Bill raised by the Deputy is awaiting a Second Reading in the Seanad.

Deputy Joe Costello

The Lydia Foy case on transgender recognition was taken to the Supreme Court and a determination was made by that court that Ireland was in breach of the European Convention on Human Rights in this regard. When is legislation on this matter expected?

An Ceann Comhairle

It really is a question for the line Minister, not for the Order of Business.

Deputy Joe Costello

It is not. It concerns legislation. I merely asked the Taoiseach when legislation is promised to address a matter on which the Supreme Court decided Ireland was in breach of the European Convention on Human Rights, a convention that has been incorporated into our legislation.

The Taoiseach

Legislation has been promised in this area but, as the Deputy said——

Deputy Leo Varadkar

It is in the programme for Government. The Taoiseach should read it.

The Taoiseach

A question to the line Minister would be the best way of dealing with it.

An Ceann Comhairle

I call Deputy Seymour Crawford. Deputy Costello has had a good innings on this.

Deputy Joe Costello

It is part of the new programme for Government so surely the Taoiseach should know something about it.

An Ceann Comhairle

Is it promised legislation.

Deputy Joe Costello

It clearly is promised legislation so I believe I am entitled to expect an answer.

An Ceann Comhairle

It can be dealt with by an Adjournment matter or a parliamentary question. There are many other ways.

Deputy Joan Burton

Perhaps it was a Green Party proposal.

Deputy Emmet Stagg

As Standing Orders stand at present, on the Order of Business Deputies are entitled to ask about matters that are in the programme for Government and about promised legislation.

An Ceann Comhairle

I am allowing very considerable latitude on these matters.

Deputy Emmet Stagg

We are not asking for the Ceann Comhairle's latitude.

An Ceann Comhairle

Questions must concern promised legislation and this legislation does not appear to be promised.

Deputy Emmet Stagg

We do not need the Ceann Comhairle's latitude. We just want him to enforce the rules.

Deputy Joe Costello

I simply wish to get an answer. If something was put into the programme for Government two months ago, surely there must be some indication of when the legislation will come before this House.

The Taoiseach

The matter will be taken forward by the relevant Minister now that it is in the programme.

Deputy Joan Burton

Who is that?

The Taoiseach

It is usually the Minister for Justice, Equality and Law Reform.

Deputy Eamon Gilmore

He will not be mad keen on that one.

Deputy Seymour Crawford

In light of the ongoing difficulties in the housing market and the fact that many people are going into situations where they may rent rather than own their houses, when will the landowner and tenants Bill be brought forward so that the issue may be discussed? Prices cannot now be lowered for tenants and that is not suitable for businesses.

The ongoing situation is that people are under tremendous pressure with regard to their incomes and obviously the budget will create more pressure. Will the Taoiseach ensure the inclusion of judges in this situation? Will he also ensure that the legal costs Bill promised in this House years ago will be brought forward in order to control the extraordinary costs that are being paid to barristers and others through tribunal mechanisms and others? It is long past time that was brought to heel.

The Taoiseach

Both those pieces of legislation are due next year.

Deputy Tom Sheahan

For the Taoiseach's information, I preface my question by saying that people have come to me reporting that their credit unions were letting them down with regard to financial difficulties——

An Ceann Comhairle

That is not really appropriate for the Order of Business.

Deputy Tom Sheahan

It is very much so.

Deputy Bernard J. Durkan

It concerns promised legislation.

Deputy Tom Sheahan

Section 35(12) (a) of the Credit Unions Act 1977 has inhibited——

An Ceann Comhairle

That is not promised legislation. It was passed in 1977, some time ago.

Deputy Tom Sheahan

I ask the Ceann Comhairle to bear with me. The section has inhibited credit unions from extending the term of a loan from five years. In April, the Minister for Finance promised——

An Ceann Comhairle

I ask the Deputy to table a parliamentary question on the matter to the Minister for Finance.

Deputy Tom Sheahan

I am sorry, but in April this year the Minister for Finance promised he would look at section 35(12) (a) of the Credit Unions Act. As it stands now, credit unions cannot extend loans and are driving people to illegal and unlicensed money lenders. I do not believe this is where we want people to go three weeks before Christmas.

An Ceann Comhairle

Please table a parliamentary question, Deputy.

Deputy Tom Sheahan

This concerns promised legislation. The Minister for Finance promised it.

An Ceann Comhairle

There is no promised legislation here.

Deputy Tom Sheahan

The Minister for Finance promised it in April.

Deputy Bernard J. Durkan

At the annual general meeting.

The Taoiseach

According to the Deputy, the Minister for Finance said he would look at the situation. I am not sure that constitutes a promise to amend the legislation but I will take up the matter and get back to the Deputy.

Deputy Tom Sheahan

I thank the Taoiseach.

Deputy Thomas P. Broughan

I have three brief questions. First, we dealt with Second Stage of the Merchant Shipping Bill. When will it reappear? Second, regarding the threat to 3,500 jobs in Aer Lingus, when will the Minister for Transport answer questions in the House? The Ceann Comhairle facilitated a short debate on the matter last week but the Minister was missing. The Minister who turned up did not have a clue about the issue.

An Ceann Comhairle

We cannot revisit this now.

Deputy Thomas P. Broughan

The Minister for Transport is present now. There is a major crisis and he has nothing to say.

An Ceann Comhairle

The opportunity still exists, as last week.

Deputy Thomas P. Broughan

I have a third question. Is it intended to introduce legislation to change the regulations governing jobs initiatives and community employment? As the Taoiseach will know, in all our community development areas people are frantic about what they believe is a major threat to their jobs, training and access to training. All the local services such as youth work, senior care, meals on wheels and so on will be affected by the measures the Taoiseach's Government apparently will bring forward next Wednesday. Can the Taoiseach calm the fears of the community sector? I believe he is familiar with it.

The Taoiseach

One way to calm fears is not to speculate on an issue, as the Deputy did by suggesting what he did.

Deputy Thomas P. Broughan

The Taoiseach's officials told them this.

The Taoiseach

The Merchant Shipping Bill is awaiting Committee Stage.

Deputy Leo Varadkar

I have questions about two items of legislation. The first is the Multi-unit Developments Bill which will be of considerable interest to people in my constituency who are affected by management companies, as I am. It is particularly relevant after the loss of a roof from an apartment building in south Dublin. That Bill has been published. Will it come to the Dáil before Christmas or during the next session? When can we anticipate that Bill being discussed in the Chamber?

Second, legislation has been promised concerning competition and consumer protection that would merge the National Consumer Agency and the Competition Authority and make some changes to section 4 of the Consumer Protection Act to allow certain professionals such as general practitioners and pharmacists negotiate with the Government for their services. I understand that Bill has been held up because of disagreements between the two agencies involved. May we have an assurance the Bill will be published in the new year, or when will its heads be agreed?

The Taoiseach

The heads of that Bill are being worked on at present. It will be some time next year before all the issues are resolved. Regarding the other matter, which was queried before in the House, I understand the Bill is on Committee Stage in the Seanad. Amendments are being worked upon.

Deputy Phil Hogan

When does the Taoiseach expect the Control of Dogs Act to be enacted? Is it likely to be in this session?

The Taoiseach

I understand that matter will be before the Cabinet soon

Deputy Kathleen Lynch

Regarding legislation for the protection of children, we must start doing something very practical. We all agree that parents, or those in charge of children, cannot be with them 24 hours a day and therefore things happen.

An Ceann Comhairle

Does this concern legislation?

Deputy Kathleen Lynch

Concerning such legislation and a referendum in respect of children, will the Taoiseach consider putting in place an advertising campaign, such as those that featured measles, swine flu and other such matters?

An Ceann Comhairle

That is not promised legislation.

Deputy Kathleen Lynch

We must start moving forward with regard to protecting our children. Such a campaign should be about allowing children to have information by which they would be able to protect themselves. I ask——

An Ceann Comhairle

There are several ways of approaching the line Minister on this matter.

Deputy Kathleen Lynch

Might it be inserted into legislation as it is being worked on? Every right-minded person——

An Ceann Comhairle

Is there promised legislation in this area?

Deputy Kathleen Lynch

——thinks we should move on and ensure our children can be protected——

An Ceann Comhairle

I am sure a parliamentary question would elicit the information.

Deputy Kathleen Lynch

——better than they are at present.

The Taoiseach

I can only refer to recent statements by the Minister of State, Deputy Andrews, on this matter, which concerns all the various recommendations he is working on arising from the Ryan report. It is important to have effective public information and access thereto. The Children First guidelines set out many of these issues. The Minister of State has indicated his intention to put them on a statutory basis ultimately.

Deputy Joan Burton

With regard to the arrangements for the budget, bearing in mind that there is to be a social welfare Bill, it has been the custom on the afternoon of recent Budget Statements and in the following days and week for Ministers to hold ministerial press conferences to outline the impact of the Estimates on their Departments. Since we only get the Estimates when the Minister rises to his feet to deliver the Budget Statement——

An Ceann Comhairle

This is not an appropriate time to make that point. There are other ways of raising it.

Deputy Joan Burton

——what arrangements will the Taoiseach make for the Opposition to obtain information on how the Estimates will operate? Will Ministers run press conferences at the same time as the budget and social welfare Bill are being debated in the House? We have no way of getting the information except through the ministerial press conferences.

Given that the budget is a week later than usual and so close to Christmas, how will information on the Estimates and the programme for each Department be made available? Has the Government discussed this? We receive the Estimates only after the Minister has risen to make the budget speech. They comprise an appendix to the budget.

The Taoiseach

I am sure no one will mind the Government seeking to represent to the public the factual position on decisions it has taken. That is normal procedure and I am sure the Opposition will have views on the matter also. It is a question of the Minister for Finance bringing forward his budget. The documentation will be circulated in the normal way and a debate will ensue. Ministers and many other Members will have points to make on it. We will simply be representing our position.

Deputy Joan Burton

This is important.

An Ceann Comhairle

It is important, I agree.

Deputy Joan Burton

Last year, we received information on the withdrawal of the medical card for people over 70 only through the ministerial press conference and information from the HSE. Similarly, we only received information about the schools capital investment programme several days after the budget. Given that the timeframe is now so short, is the Government willing to make the relevant information available? In the past, when Ministers were making announcements——

An Ceann Comhairle

Why does the Deputy not bring this up with the Minister for Finance?

Deputy Joan Burton

——about spending moneys, they were happy to hold press conferences. What will they do this year when it is likely that circumstances will be more curtailed?

An Ceann Comhairle

The Deputy should raise the matter with the Minister for Finance in order to obtain the information.

Deputy Joan Burton

No, the Taoiseach is the leader of the Government.

The Taoiseach

The position will be the same as every other year. If the Minister for Finance were to stand up in the House and announce every aspect of the Estimates, in addition to making a budgetary statement, he would be here for many hours.

Deputy Joan Burton

I agree——

Deputy Jan O’Sullivan

The Minister should make a written submission.

The Taoiseach

The complaint from the Opposition would then be that the Minister was not allowing a debate to take place. The issue is that the Minister for Finance will outline the budget and refer to the various documents that will be provided to people. Ministers, in line with their responsibility, will convey the situation as it applies to them. A democratic debate will ensue both inside and outside the House.

Deputy Joan Burton

Sorry, but they do it by press conference.

The Taoiseach

I cannot do any more for the Deputy than that.

Deputy Michael D. Higgins

With regard to the Foreshore and Dumping at Sea (Amendment) Bill 2009, which is ordered for tomorrow, I understand there was no agreement among the Whips that there should be a closure of that debate on Second Stage or that all Stages should be taken tomorrow in the House. The communication on the Bill states the Department wishes all Stages to be taken in the House in plenary session and that the Bill will not be referred to the appropriate committee, the Select Committee on Agriculture, Fisheries and Food. I will not delay the House other than to give notice that this is a very serious issue because what is proposed in the legislation affects five foreshore Acts, the Harbours (Amendment) Act and the ports legislation. Most important——

An Ceann Comhairle

The Deputy should raise that on the Order of Business on the appropriate day.

Deputy Michael D. Higgins

The issue concerns promised legislation and its appropriate treatment in the House. The issues that arise are issues of State property. They concern the foreshore of the State, which extends seawards for 12 nautical miles. The arrangements, as circulated——

An Ceann Comhairle

It will be possible to make all those points on Second Stage.

Deputy Michael D. Higgins

——are unsatisfactory. I would go so far as to say they are dangerous.

An Ceann Comhairle

I have no doubt but that the Deputy will articulate that on Second Stage.

Deputy Michael D. Higgins

In one way, one could say that what is facilitated in the Bill is the Dublin Docklands Authority writ nationally. I support many aspects of the legislation but believe it would be very valuable to have a legal opinion on many aspects of it and review it in the context of all the other relevant legislation. Therefore, if there is no response to it——

An Ceann Comhairle

We cannot initiate the debate at this stage.

Deputy Michael D. Higgins

——I will ask my party to oppose the Order of Business tomorrow to ensure adequate legislation.

An Ceann Comhairle

We will have to await the moving of Second Stage.

Deputy Paul Kehoe

Many small businesses are under severe pressure, especially in towns that were affected by floods in the past two weeks. Many businesses have closed down and will be closed for some time as a consequence. I ask the Taoiseach to instruct the Minister for the Environment, Heritage and Local Government and the local authorities to waive commercial rates and water charges for the period during which the businesses will be closed.

An Ceann Comhairle

Are we talking about promised legislation?

Deputy Paul Kehoe

Let me finish, please. The Taoiseach has an opportunity to show good will to small businesses. He has not done so in recent months.

An Ceann Comhairle

The Deputy is anticipating the budget.

Deputy Paul Kehoe

The Taoiseach has an opportunity to do so before his budget and those of local authorities. I would like a reply because this is a very serious issue.

An Ceann Comhairle

The Deputy is anticipating the budget.

The Taoiseach

Rates are a matter for each local authority. Any waivers provided under law are provided by the managers of the local authorities.

Deputy Paul Kehoe

Perhaps the Taoiseach should show some good will and ask the Minister for the Environment, Heritage and Local Government to instruct local authorities to waive the charges——

An Ceann Comhairle

The Deputy should try to raise the matter on the Adjournment or by way of parliamentary question.

Deputy Paul Kehoe

——as the people affected are under extreme pressure and are experiencing severe pressure and hardship.

An Ceann Comhairle

It is a matter for the line Minister.

Deputy Noel Dempsey

The councillors instruct the manager.

Deputy Paul Kehoe

The Ceann Comhairle might be able to help me in this matter by allowing an Adjournment debate.

An Ceann Comhairle

I am being helpful to the Deputy.

Deputy Paul Kehoe

If an Adjournment debate were allowed, I would be able to raise the matter in the proper manner.

An Ceann Comhairle

It will be considered if the Deputy makes a submission.

Deputy Billy Kelleher

The Deputy should show some leadership.

Deputy Tom Hayes

In view of the fact that the number of social housing applicants has increased in many counties by over 35%, there is a huge increase in the cost of rent subsidy. It now costs in excess of €500 million per year. Is there any discussion of the proposal that the Government should, in the words of Mr. Ray MacSharry, buy some of the houses at a knock-down rate?

An Ceann Comhairle

That is entirely inappropriate to the Order of Business.

Deputy Tom Hayes

It is not inappropriate because it is a very important matter to the many people who are affected.

Deputy Bernard J. Durkan

There would be huge savings to the economy.

Deputy Tom Hayes

It is a very significant issue in every constituency.

Deputy Bernard J. Durkan

Hear, hear.

Deputy Tom Hayes

Is the proposal contained in the programme for Government and how will the matter be dealt with over the coming months?

An Ceann Comhairle

The Deputy will have to find a different way to raise the matter.

Deputy Tom Hayes

It is a very significant issue. The Taoiseach is anxious to answer and I would therefore like a response.

An Ceann Comhairle

I ask the Taoiseach to be very brief. I am sure all those points can be made during the budget debate.

(Interruptions).

Deputy Bernard J. Durkan

It is not in the budget debate at all.

Barr