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Dáil Éireann díospóireacht -
Wednesday, 24 Nov 2010

Vol. 723 No. 1

Order of Business

It is proposed to take No. 6, motion re leave to introduce Supplementary Estimates [Votes 19, 20, 22, 26, 27, 28, 32, 34, 37 and 38]; No. 7, motion re referral of Supplementary Estimates [Votes 19, 20, 22, 26, 27, 28, 32, 34, 37 and 38] to select committee; and No. 3, Social Welfare (Miscellaneous Provisions) (No. 2) Bill 2010 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that No. 6 and, subject to the agreement of No. 6, No. 7 (referral to select committee) shall be decided without debate and any divisions demanded on Nos. 6 and 7 shall be taken forthwith; and the suspension of sitting under Standing Order 23(1) shall take place at 1.30 p.m., or on the conclusion of the opening speeches of No. 3, whichever is the later, until 2.30 p.m. Private Members' business shall be No. 78 — motion re corporation tax rate (resumed) — to conclude at 8.30 p.m. tonight, if not previously concluded.

There are two proposals to be put to the House. Is the proposal for dealing with Nos. 6 and No. 7 agreed to?

It is not agreed. The Sinn Féin Deputies do not agree to the proposition on the Order Paper today. The Taoiseach yesterday refused to agree to a real debate on the four year plan we have yet to see sight of. I understand we will have preliminary sight of it before the 2 p.m. announcement this afternoon.

There will be an opportunity to raise that matter at some later stage.

I am talking about the Order of Business. I am explaining why I am objecting to it and I am entitled to have that say. I asked the Taoiseach yesterday if we would have an opportunity to discuss the detail of the four year plan in the Dáil Chamber, and have the opportunity to vote on it as the democratically elected representatives of the Irish people across the State. Clearly, that is not being provided for on the Order Paper and we have no indication if it will be provided for tomorrow or in the coming week. The opportunity to vote on it is critical, not only as the pattern for some considerable time has been to have only statements.

The Taoiseach referred in his earlier response to Deputy Kenny that the IMF bailout would not be a three——

This is the Order of Business. We cannot have a broad brush approach to it where every issue under the sun is raised.

This is pertinent because it underscores the failure to grasp the enormity of the situation. The Taoiseach said today it would not be a three figure sum — those were the words he used in reply to Deputy Kenny. Let me remind the Taoiseach——

Will the Deputy show respect for the Chair and recognise that the Order of Business——

——that it is an 11 figure sum.

——does not accommodate the pursuance of this type of matter through this route?

The Ceann Comhairle always seeks to talk over me. I am entitled to make my point.

There are appropriate times to do that. On the Order of Business, the Deputy cannot just come in and decide to raise a range of issues.

With respect, I will conclude with this point.

A Cheann Comhairle, like yourself, he is a neighbour's child. Give him a few minutes.

I thank Deputy Morgan for his intervention. This is almost a 12 figure sum. The noughts are not noughts. They indicate the extent and scale of what the Irish people are facing. What we have is no opportunity in the House to address a four year plan being put together by a Government that has no mandate for same——

Will the Deputy respect the arrangements for the Order of Business?

——and the putting together of a budget for which it has no mandate after a series of austerity budgets, and the straitjacketing of the Irish people going forward.

This is a technical motion. There is no provision for a full-scale debate on the issue.

There is not a full-scale debate. I am explaining why I cannot support the Order Paper as it is presented. I am saying very clearly that as the only party which has committed——

I ask the Deputy to resume his seat. He is completely out of order on the Order of Business.

——to oppose the budget, I am calling on all the Opposition parties to state clearly that they will oppose the budget——

I ask the Deputy to resume his seat and let us get on with the Order of Business.

——and on those voices on the Government benches to join with us in having the same rejected.

I will put the question.

Will the Taoiseach indicate whether there will be an opportunity to address the four year plan? Will the Members of this House——

The Deputy should resume his seat.

One moment. As the democratically elected representatives——

Will the Deputy resume his seat? He is out of order and is disregarding the Chair.

——will we get the right to vote on the plan?

I am putting the question. Is the proposal for dealing with No. 6 and No. 7 agreed to?

With respect, the Ceann Comhairle can take the option to put me out or do whatever he wants——

I will be exercising that option if the Deputy does not resume his seat quickly.

——but the Taoiseach has the right to answer this question. He has the right. I am asking a question on the Order of Business.

The Deputy does not have that type of right on the Order of Business. I have an obligation and a duty to enforce Standing Orders in the House; otherwise, order will break down in the House.

I have a responsibility to ask the question. Will we get the right to debate and vote on this four year plan? That is a question that deserves an answer.

I do not wish to cross the Ceann Comhairle in any way. The Ceann Comhairle has asked for order in the House and, unfortunately, it seems some Deputies refuse to give any respect to the Chair.

That is not the case. We only want an answer.

There is no problem but it has to be in order. There are ways of doing these things. Once the Order of Business is agreed, the Deputy can ask a question. That is the normal situation. We are just putting the Order of Business at the minute.

I am objecting to the Order of Business.

That is fine. If the Deputy is objecting to the Order of Business, he can vote on it and then ask the question. I will answer it anyway because I answered it yesterday. We are bringing forward a plan for this country and for recovery over the next four years. The first instalment of that plan will be on 7 December, when the decisions taken will be put to the House and we will see if this House will rise to the challenge to pass what is a necessary budget.

There is no debate and no vote on the four year plan. It is unacceptable.

Question put: "That the proposal for dealing with No. 6 and No. 7 be agreed to."

Deputies

Vótáil.

A division has been challenged on No. 1, that the proposal for dealing with Nos. 6 and 7, motions re leave to introduce, and referral of Supplementary Estimates in Select Committee without debate, be agreed to. Will the Deputies claiming a division please rise?

Deputies Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Arthur Morgan, Martin Ferris, Maureen O'Sullivan and Finian McGrath rose.

As fewer than ten Members have risen I declare the question carried. In accordance with Standing Order 70 the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

We move to No. 2. Is the proposal relating to the suspension of sittings under Standing Order 23(1) agreed to?

I wish to comment on the bringing forward of the Social Welfare (Miscellaneous Provisions) (No. 2) Bill which would have clashed with the committee meeting examining the Estimates for the Department of Social Protection. If business is rescheduled there should be consultation with the Whips and the party spokespersons. This is no way to do business. We should have been afforded the courtesy of a telephone call to ask if the meeting could be rescheduled. The Minister agreed to this arrangement, knowing it would mean the principal spokespersons on this side of the House would not be available to attend the committee meeting on the Estimates. He should not have agreed to that and I wish to make that point. The matter was sorted out after much disagreement at the committee this morning.

There was full agreement. Deputy O'Connor and I agreed to it.

We should not have found ourselves in that situation, where there was such discourtesy to the Opposition spokespersons.

Is the proposal agreed to? Agreed. We shall proceed with the Order of Business.

When is it expected that the Social Welfare (Miscellaneous Provisions) Bill will come before the House? Is it the intention of the Government to debate and deal with it before the House rises for the Christmas recess? I checked the calendar today and there are about ten working days left, if the number is not extended. If the Government sticks by 7 December for the budget does it intend to bring in the Social Welfare (Miscellaneous Provisions) Bill directly after it and finish it before the House rises for the Christmas recess?

I am glad to note the Minister for Tourism, Culture and Sport has taken credence of the Fine Gael proposal to abolish the travel tax and I hope the airlines respond to the request. It should be done. We have been advocating it for two years.

It seems as if the days of the Government are somewhat limited and it might be appropriate for the Taoiseach not to have any stuffing of State boards and other positions during the period between now and a general election, which I understand he expects to hold in mid-February. The two boys are absent again today. I am not sure whether they are still playing their full part as members of the Cabinet——

We need to move on.

——in view of the treachery which they felt was inflicted upon them. I ask the Taoiseach to restrain the Ministers from making loads of appointments or promising things they know they cannot deliver on.

In regard to the relevant matter——

The last matter is relevant as well.

——we expect the Social Welfare (Miscellaneous Provisions) Bill to be enacted before rising for Christmas. Every time the Deputy gets up to speak he questions the mandate of this Government. It has the same mandate as any other Government and it has tested——

I never mentioned it. I said the Taoiseach was a caretaker.

It is not correct and the Deputy's knowledge of the Constitution appears to be very sketchy.

I never mentioned a mandate.

There continues to be uncertainty and instability in and from the Government. While we were in the House today Deputy Seán Power was on Kildare radio and said he understand the Taoiseach intends to resign——

Deputy, on the Order of Business. What Deputies say outside is not appropriate for the Order of Business.

We need to know.

The Ceann Comhairle has not heard the question yet.

We can anticipate the sentiment.

Deputy Power said he understands the Taoiseach will resign shortly after the budget is announced in December. The resignation of the Taoiseach would be a matter for the Order of Business. Deputy Power said he bases his view on views that have been expressed to him privately by many Ministers. Is it the intention of the Taoiseach to resign shortly after the budget?

As a matter of clarification, queries on the Order of Business are about promised business. It is not just——

It is business.

(Interruptions).

——about what some Deputy says outside. We have to move on.

With the greatest of respect, the Ceann Comhairle is in danger of becoming quite ridiculous.

I am advising you what the actual position is, as per Standing Orders.

Deputy Seán Power promised that.

I asked the Taoiseach a question.

This is not on the Order of Business. There is no promised legislation. I stand as Taoiseach and I do not divest any authority in holding that office or in regard to any internal party matter. I stand as leader of Fianna Fáil and I want to make it very clear that, as far as I am concerned, there are democratic processes in our party. They are not relevant to the Deputy's situation; we deal with our business. I want to assure him that as I stand and do my business I do not divest my authority to anyone.

That is not the question I asked.

Deputy, we cannot pursue this matter. It is not appropriate for the Order of Business. It is not promised business.

I have given no such indication to anybody, including Deputy Power.

The Local Government (Mayor and Regional Authority of Dublin) Bill 2010 which was due to be debated in the House yesterday and today has been removed from the Dáil schedule. When the Bill was introduced earlier this month it was associated with the Minister, Deputy Gormley, as being a legacy issue when the Green Party argued to get onto the programme for Government. However, given that the Bill has now been taken off this week's Dáil schedule, can it be taken that it has been scrapped, will not proceed and that the Stages which were laid out to be completed over the next number of months will not be arrived at because we will have a general election within the next couple of weeks, if not months? Can the Taoiseach clarify whether the Bill will be completed?

The Bill remains on the Order Paper and is being proceeded with through the House.

On that matter, the Bill is on Second Stage, which was not scheduled to conclude on this week's schedule but was rolling over. Given that it has to go to Committee Stage, Report Stage——

Take the matter up with your Whip. I am sure he can advise.

——and the Seanad, and possibly have to come back to the Dáil, realistically this Bill, which we all agree is flawed and which Fianna Fáil Deputies have come out with mixed signals on, can the Taoiseach clarify——

Deputy Stagg will know the position.

The Taoiseach did not answer the question. When will Second Stage resume, if that is the case? When can he give an indication as to when all Stages of the Bill will be completed?

This is a matter for the Whips.

It is a matter for the House.

It is a matter for the managers.

The matter was scheduled for this week but other issues——

There will be other issues over the next couple of weeks.

I am sure there will be but these are matters for the Whips to schedule in due course.

A legitimate question was asked. We have the Order Paper for this week.

Deputy Shortall, you have not been called.

I am asking why the Local Government (Mayor and Regional Authority of Dublin) Bill 2010 has been pulled. It had been on the schedule, we were due to debate it after the Order of Business but last night a decision was taken to pull it.

The Whip deals with the ordering of business and is well capable of doing his job in the appropriate way. Situations arose during the week regarding statements on the eurogroup etc., which took precedence. That can often happen on the Order of Business.

That does not affect the business today. It could have been taken.

The Government——

You have pulled it. You might do us all a favour.

Deputy Ruairí Quinn, without interruption please.

I wish to ask about three items of educational legislative business. The first is the Education (Amendment) Bill, which gives a legal statutory basis for the community VEC primary schools which have now been in operation for three years. Second Stage of the Bill has been postponed indefinitely, as far as I can see. Second, we will debate the amendments, three years later, of the Student Support Bill. Third, the Bill promising the abolition of NUI and the merging of FETAC, HTAC and the NQA has been promised. Perhaps the Tánaiste could indicate where are in terms of timetables on the Bills. Is it the intention to have them completed before the general election?

We are waiting to give further time to deal with Second Stage of the Education (Amendment) Bill. I understand Committee Stage of the Student Support Bill will be taken imminently. The other matter is yet to be brought to Government.

On the eve of the Donegal South-West by-election, I take the opportunity to wish my party colleague, Senator Pearse Doherty, good luck in that campaign tomorrow.

That is not relevant to the Order of Business.

There is a moratorium today.

Despite the appeal the Government is taking to the Supreme Court in regard to the High Court finding in the case taken by Senator Doherty, is it preparing proposals to address the need, either in legislation or constitutionally, for a stated time within which vacancies in the Dáil must be filled? Is the Government addressing the matter——

Do we have promised business on this matter?

——of the outrageous delay that was allowed take place in regard to the Donegal South-West by-election?

The Deputy knows this matter is being appealed to the Supreme Court.

Three other by-elections have also——

I am not aware of promised legislation.

——yet to be addressed. What measures are the Taoiseach and his Government pursuing to address this absolutely intolerable situation?

We do not have any promised legislation.

We are awaiting clarification from the Supreme Court in the interests of bringing clarity for the future as to what way this matter is to be handled. An issue of substance of law has come up for clarification. It is important the Supreme Court brings clarity to the position. Once that is done, we can see what the situation is at that point.

I raise the very serious issue of female genital mutilation, FGM. I am reliably informed by some of the new communities in my constituency that it is being practised here. It is an incredible abuse of human rights. We were promised legislation. I raised this three weeks ago with the Tánaiste and she indicated that it would come up approximately at the end of this month. Can I get some confirmation in the dying days of this Government that it will at least publish the legislation?

I understand it is the intention to publish that legislation when it is ready and that it is at an advanced stage.

It is on the list to be published this session. Will it be published this session?

I understand that is the case.

I thank the Taoiseach.

At what time will the Government announce the four year plan? Where will the venue be? When will the Opposition receive an advance copy under embargo so that it can at least have a look at the 150 or 160 pages at roughly the same time as the journalists get them? It is not a big request.

I understand it will take place at 2 o'clock this afternoon in the Government press centre. I am sure the Minister for Finance will provide a copy under the usual arrangements probably an hour beforehand, which is usually the arrangement.

I am a fast reader but it would take me perhaps an hour to read 160 pages. The Taoiseach surely does not want me to come to the press conference, or does he? He should not tempt me.

Notwithstanding the competing issues besetting us, is there any intention to move forward with some of the legislative proposals to combat the activities of criminal gangs, which seem to go on and on? There is a number of proposed Bills, including the bail (amendment) Bill and the criminal justice Europol (amendment) Bill. We know there are competing issues but it is important something is done to bring an end to the kind of activities for which this country is also becoming famous?

We will make some inquiries.

There is no date for the legislation.

I will not delay the House but this is an important——

We cannot have a debate on this matter on the Order of Business.

This is a hugely important issue.

I do not disagree but there are other ways to raise it.

Another Deputy said a while ago that the Local Government (Mayor and Regional Authority of Dublin) Bill 2010 was deemed to be the most important legislation a couple of weeks ago.

We will not have a debate on it on the Order of Business.

Notwithstanding the other pressing issues, could I ask the Taoiseach——

Deputy, please.

——to take some initiative——

The Deputy should table a parliamentary question to the Minister and pursue it that way.

I have done that already.

Perhaps the Deputy could raise it on the Adjournment.

Does the Ceann Comhairle think that would be a good way to go?

Does the Ceann Comhairle think the Adjournment is a possibility?

It is one way to raise it. It is an option.

I refer to promised legislation relevant to the issues before us, namely, the Central Bank (Consolidation) Bill, the Central Bank (No. 2) Bill and the Financial Services (Miscellaneous Provisions) Bill. It is very important to give some indication to the international community that we are serious about these issues and bring this legislation before the House without delay. It is certainly more important than the Local Government (Mayor and Regional Authority of Dublin) Bill 2010.

A brief query.

I had hardly spoken when the Ceann Comhairle interrupted me.

The Taoiseach is under time constraints and must leave——

How could the Ceann Comhairle have understood what I was saying? He must be psychic——

—— because he could not have understood what I was saying until I finished.

The difficulty is the preamble. The embellishment of the story is where the offence is given.

I am asking a simple, important and relevant question on the Order of Business, which I am entitled to do.

The Central Bank (No. 2) Bill will be brought forward next year and the Central Bank (Consolidation) Bill will follow. I have to make an urgent telephone call at 12.30 p.m. so if it is possible, I would like to be excused. The Tánaiste will take the rest of the Order of Business.

The reference pricing for drugs Bill, listed for publication in 2011, was originally put forward by Government as a way to save money for the health budget which could be used on front line services, such as keeping hospital beds open, on home helps and so on. Obviously, that will not be in time for the current budgetary process but when will it be published and why has it been delayed for so long?

I refer to the Electoral (Amendment) Bill banning corporate donations which is on the C list. Will the Government rush that Bill through so that it is enacted before the election?

The heads of the reference pricing for drugs Bill have not been signed off by Government but it is expected next year. The other legislation is being deliberated on by the Government.

In light of the fact dairy farmers are only given 25% of what the consumer pays for milk, when will the consumer and competition Bill be brought in so that something can be done to regulate what Tesco and others are doing to that industry?

I have raised the following matter on numerous occasions. NAMA and all the inquiries are costing millions of euro and yet the legal costs Bill to regulate that has still not been made a priority. Will the Tánaiste consider bringing it forward in the dying days of this Government?

The heads of the first Bill are expected next year. The other legislation will also be brought forward next year.

Earlier I asked the Taoiseach about the climate change Bill. I understood from Green Party sources that his Department held it up. He clarified that and said it was not the case. Since the Minister for the Environment, Heritage and Local Government tweeted that the heads of the Bill would be published on 16 November, although nothing happened subsequently, will the Government take the legislation on climate change——

We spent considerable time on this matter on Taoiseach's Question Time.

It is about the climate change Bill prepared by the all-party Oireachtas committee. Will the Government consider taking it in Government time so that we can make some progress?

We have no date for publication.

I refer to the defence (amendment) Bill and legislation linked to the Electoral (Amendment) Bill, namely, the legislation to establish an electoral commission. Is that being considered or drafted? Will we see it in time for the election?

The defence (amendment) Bill will be brought forward mid next year and, as I indicated earlier, it is anticipated that the heads of the other legislation will be available for next year.

Seven of the oral parliamentary questions I tabled to the Minister for Tourism, Culture and Sport have been rejected. It was stated that the Minister had no official responsibility to Dáil Éireann for the matter. One of the questions, for example, relates to Tourism Ireland. I am at a complete loss as to how I will access much of the information I requested in the seven questions. Perhaps the Ceann Comhairle can advise me.

If the Deputy contacts my office we will advise her.

It creates a vacuum in accessing this information.

The Deputy should contact the office and we will discuss the issue.

Almost half the questions — seven from 19 — were returned. That puts me in a position where I am unable to get that information today.

Hear, hear. It is a regular occurrence.

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