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Dáil Éireann díospóireacht -
Tuesday, 18 Jan 2011

Vol. 726 No. 3

Order of Business

It is proposed to take No. 16, Child Care (Amendment) Bill 2009 [Seanad] — Order for Report, Report and Final Stages; and No. 17, Nurses and Midwives Bill 2010 — Order for Report, Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that parliamentary questions next for answer by the Taoiseach on EU matters shall be taken on the same day as statements on the EU Council meeting in Brussels, scheduled to be taken on Wednesday, 19 January 2011, and shall be moved to be taken first as ordinary oral questions to the Taoiseach on that day. Private Members' business shall be No. 84, motion re health insurance.

There is one proposal to put to the House. Is the proposal for dealing with parliamentary questions next for answer by the Taoiseach on EU matters agreed to? Agreed.

I would like to raise a matter in the context of being helpful. Prior to the Budget Statement, I made the point that the international perception of Ireland and the difficulties and circumstances in which we find ourselves warranted a signal from us that the budget and the Social Welfare Bill 2010 would be passed and that we would move as quickly as possible to give legislative effect to the budget through the finance Bill. In so far as helping that process is concerned, I offered the Taoiseach the option of an extra sitting day before Christmas to allow the process to get under way and to come back earlier after Christmas to facilitate it.

This is the start of the second week of this session and we still have no sight of the finance Bill. The reason I raise this is that I was in contact with a number of our European counterparts yesterday and there is a degree of anxiety and concern about the delay in Ireland putting this Bill through. In a spirit of co-operation to get this done for the country, in which we are all interested and in which we hear Government Members are all interested, perhaps the Taoiseach should look at the question of revising the timescale he has outlined for the passing of the finance Bill. It may well be that our counterparts in Europe do not fully appreciate the way the political system works here in respect of the budget and the finance Bill but it is eminently possible to have an earlier date for the conclusion of the Bill.

I respectfully suggest that I am willing to co-operate with the Government to bring that about, not only to give the Taoiseach the opportunity to bring this Dáil to a conclusion but, more immediately, to send a signal to foreign governments and international financial institutions and so on that Ireland is moving efficiently, competently and quickly to deal with the finance Bill, which, in the main, is important to give legal effect to the budge. Many of the bigger matters were dealt with in the budget. In a spirit of co-operation, perhaps the Taoiseach should reschedule the Bill to conclude it on an earlier date.

We have set out in the parliamentary schedule the fact that any proper consideration of the finance Bill, which is the most important Bill of the year, would require, as the Deputy has seen from the schedule, a week's debate on Second Stage, a week off for amendments to prepare for Committee Stage in the normal way, Report Stage and then on to the Seanad. An expeditious schedule has been clearly set out and it cannot be done any sooner than that.

Other legislation also has to be passed, including the NAMA (amendment) Bill. There are certain commitments we have given under the EU-IMF financial package and we have to show responsibility in discharging those international obligations as well. They are to be enacted in the first quarter. Specific timetables in the EU-IMF financial package need to be addressed. Rather than this toing and froing, we should simply acknowledge that there is a body of work to be done in a proper, responsible and considered way. It will involve all sides of the House and, thereafter, the prerogative of the Taoiseach in respect of the dissolution of the Dáil and the calling of an election will take place. We should just get on with the business.

The Taoiseach's response is disappointing. I have listened to him over the past number of days talking about respect for other people's points of view and opinions. I raise this in the context of the international reaction to, and perception of, Ireland. The Taoiseach knows it is possible to have an earlier concluding date for the finance Bill. It is also perfectly in order to reschedule an earlier concluding date for the other legislation that have been referred to as being important. Many of the major elements of the budget are being implemented.

The Taoiseach knows that we put through the Credit Institutions (Stabilisation) Bill 2010, which was complex legislation, in one day prior to Christmas. I respect fully that there is a process in respect of the finance Bill but it is possible to reschedule an earlier conclusion to the Bill. I only raise it in the context of what was said to me yesterday at European level where people are concerned and anxious that we are not doing the business as efficiently as we should. This is the second week of this session and we have not yet had sight of the finance Bill and Deputy after Deputy on the Government side has been talking about how important it is to get the Bill through and the great priority the Government attaches to it, yet we have not seen publication of it.

In a spirit of co-operation, I reiterate my advice to the Taoiseach, which is to consider a rescheduling and earlier conclusion to the Finance Bill in the interests of our country, which he is obviously so interested in.

We outlined before Christmas that we would have the finance Bill on 19 or 20 January and that is what we will have. We came back a week early——

We have had no sight of it.

We normally come back in the third week of January.

The Taoiseach is missing the point.

We came back in the second week.

To do the finance Bill.

Not just to do the finance Bill. The Government has set out parliamentary priorities, which we are interested in having enacted before the dissolution of the Dáil, and they were all listed last week for the Opposition. We should get down to the business of doing rather than saying otherwise.

The Taoiseach should get down to business.

Before Christmas, we had complaints from the Opposition about the use of the guillotine quite rightly. We should have spent more time on that legislation. We are in a new term and we have set out the position. The finance Bill will be completed one month before the usual time. The Deputy has to acknowledge that it is important that it be done.

I referred to the international perception of what the Government is at.

I would like more clarity from the Taoiseach in this regard because he completed his reply to my Leader's question earlier by saying it is the Government's intention to get the legislation arising from the budget enacted a month earlier than last year. If that is the case, then do I understand correctly that it is the Government's intention to have the four Bills arising from the budget enacted by the end of February? Is that the position?

The Taoiseach said there were other parliamentary priorities in addition to these Bills. What are they? Will he state categorically that it is also the Government's intention to have them concluded by the end of February?

We outlined in the indicative schedule that the finance Bill would be completed by the first week of March. That is the indicative timetable, which gives an indication of what the timetable is. There is other legislation that will be taken in parallel, which is set out in the legislative programme we outlined. We have gone away from the A, B and C list and we have produced the list of legislation the Deputy's spokespersons can expect to deal with in this, the final term of the Dáil. It will obviously be in parallel with that we will seek to process the other legislation as well.

The Taoiseach talked about the indicative timetable. The Government is in effective control of the timetable. He said that the finance legislation would be completed one month earlier than last year. Whether that is the last week in February or the first week in March is neither here nor there, but the Taoiseach said that the Bill would be completed a month earlier than last year.

Around it.

Hold on a second.

It was 6 April last year.

The Taoiseach was quite definite about this when he was replying to my Leader's question. He said "a month earlier than last year". Then when we pursued him on the matter, it became an indicative timetable——

——and now it is "around it". The Taoiseach is in control of the timetable. I am simply asking whether that is when the finance legislation will be enacted.

Yes, it is in the arrangements for both the Dáil and the Seanad, presuming there are no recommendations in the Seanad.

Seanad recommendations must come back to the Dáil.

Yes, exactly. It is the Minister for Finance who sets out the schedule. The Deputy's finance spokesperson has the schedule. It is not complicated.

Yes, but is that a definite, finite time for the enactment of those pieces of legislation? The Taoiseach has referred to other parliamentary priorities that he is going to slot into the parliamentary timetable as the finance Bill is being dealt with——

The climate change Bill.

Will those parliamentary priorities be concluded by that date, which is a month earlier than last year — the end of February or the beginning of March, whichever week it is — or will the Taoiseach then tell us when we have dealt with the finance pieces of legislation that we have other parliamentary priorities that he will be stringing on after that?

The idea is that they will be done in parallel. That is what I stated a few minutes ago.

On the point about concluding the finance Bill a month earlier, last year Second Stage of the Finance Bill was taken from 9 February to 22 February, Committee Stage was taken from 23 February to 25 February and Report Stage was taken on 9 March to 10 March. I do not see "a month earlier" in any of that. Those are the dates over which the Finance Bill went through this House.

Clearly I would prefer if no further legislation were to come from the Government and that the only secret ballot taking place this evening was the opportunity for the people to cast their votes in a general election. That said, there is an important piece of legislation that we addressed earlier on which I wish to get clarity from the Taoiseach. On the proposed children's rights referendum Bill, I note that the Taoiseach indicated that it would not be published until the Minister of State with responsibility for children has had the opportunity to engage with all of the respective spokespersons on children. Did the Taoiseach indicate in the earlier reply that the Government does not intend to progress the proposal to hold a referendum on children's rights on the day of the general election unless or until there is agreement across the board reflective of the all-party position previously arrived at? Could the Taoiseach be clear this evening not only for political voices as a large body of people have made a significant investment in the engagement of that committee from the non-governmental organisations——

We do not require all the embellishment.

——who are all concerned and anxious to know exactly what the Government intends? Will the Taoiseach give clarification please?

I sought to give clarification. I said I could not anticipate further consideration of the Government or any of its decisions. I said the matter was brought to the attention of spokespersons. The Government reserves the right to bring forward a referendum if it considers that is the correct thing to do. I do not wish to anticipate the outcome of our deliberations but we have checked out the position with spokespersons. When the Minister of State, Deputy Barry Andrews, returns and reports to Government we will then decide what to do next.

I wish to raise two matters under pending legislation. First, could the Taoiseach indicate the status of the medical indemnity Bill? It has gone through Committee Stage and is to come to Government. As I said prior to Christmas, we are still leaving citizens vulnerable to some unscrupulous doctors who practice without insurance.

Second, could I ask about the status of the licensing of health facilities Bill, which would allow HIQA remit over the licensing of private hospitals, which it currently does not have? If that Bill is coming before the House, I would ask that we would consider ambulances as medical facilities as well and that they would be included in the provisions of the Bill.

On the first matter, the medical indemnity Bill, I understand that the Minister has indicated she is interested in introducing a Bill herself. I accept a Private Members' Bill on the matter was introduced by the Deputy. It is a matter to take up directly with the Minister herself. I do not expect the second Bill will be taken during this term.

Is the Taoiseach saying the Minister will introduce her own Bill now and that the Bill that went through Second and Committee Stages will not be concluded?

I will come back to the Deputy on the matter.

I wish to ask the Taoiseach about two inquiries that are under way at the moment. The first is the inquiry led by a distinguished figure from Canada into the operations of the Department of Finance and the inadequacies and failures in the Irish system in regard to the financial crisis that we are in.

The second inquiry is the work of Mr. Nyberg who is currently holding a commission of inquiry into banking, in secret — behind closed doors — which does not appear to be seeking to identify individuals——

Does the Deputy refer to promised business?

——who are accountable. I understand the report on the inquiry into the Department of Finance is available. When will the report be published?

Could the Taoiseach give a date for the conclusion of the inquiry by Mr. Nyberg and his banking commission? In the motion that was agreed before the Dáil rose in the summer——

A parliamentary question on this inquiry is much more appropriate to the line Minister.

——Mr. Nyberg was to take six months.

I am sure the details the Deputy requires will be provided that way.

This is about more than the line Minister, this is about our economic future.

It is not promised business. A parliamentary question will elicit the information the Deputy.

It is really important in that we need to know the stage the inquiries have reached. The world is asking about this. Thanks to our friends to my right in the Chamber we are in the clutches of the IMF.

I advise the Deputy to table a parliamentary question.

The Government has hired various bunches of experts to tell us what went wrong.

Deputy, please, we are on the Order of Business. Deputy Burton is being disorderly.

I am asking the Taoiseach when the Canadian-led inquiry will report. I understand its report is available already. Second, when is the Nyberg commission going to report?

On the first matter, the report will be considered by Government in the first instance and then published as usual. On the second matter, I will have to check what is the state of play on it.

I wish to raise two items of promised legislation. Last week, I asked the Tánaiste for an update on the national vetting bureau Bill which the Taoiseach indicated previously was of utmost importance and was being worked upon with a view to bringing to the House at an early stage. I was informed by the Tánaiste that the Bill was not ready yet. Would it be possible to find out at this stage perhaps when the Bill is likely to be ready, whether it is still a priority or if it has been relegated?

Work is ongoing on the matter. We expect to have the Bill published and enacted this session. It is a budget-related Bill.

I thank the Taoiseach. It does not seem to feature in the list of priorities announced by the Government Chief Whip last week. I was confused and I wondered if that confusion had extended to that side of the House as well.

One other issue which is near and dear to the Ceann Comhairle's own heart as well is that there seems to be very little emphasis on health legislation despite the fact of a previously indicated list of legislative proposals such as the eligibility for health and personal social services——

Does the Deputy have a specific inquiry about an item of promised legislation?

That was promised several times about five years ago. Any promise made five years ago is still valid. I presume it is the intention to deliver on it.

Not by this Government.

Hundreds of people in hospitals all over the country are waiting for attention, service and direction on trolleys, in alcoves, and in admission areas.

This is a Second Stage speech.

The well-meaning staff are awaiting direction. Is it not of the utmost importance to bring to the House the emergency legislation which was promised five years ago?

Will you come to the point and tell us what is the legislation about which you are inquiring?

That is the point. I am referring to the legislation I mentioned at the outset, that is, the eligibility for health and personal social services Bill. The Government should give the public some indication of what they have come to expect.

Leave it Deputy. We will make some inquiries.

That will not be ready this term.

The unfortunate patients on the trolleys and the unfortunate staff who deliver the services must remain with the current order. Is that it?

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