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Dáil Éireann díospóireacht -
Thursday, 10 Nov 2011

Vol. 746 No. 2

Order of Business

It is proposed to take No. 11, Energy (Miscellaneous Provisions) Bill 2011 — Second Stage (resumed), and No. 12, Health (Provision of General Practitioner Services) Bill 2011 — Second Stage (resumed).

There are no proposals to be put to the House.

Anocht ag meán oíche, éireoidh an ball is sinsearaí agus is iomráití den Oireachtas as oifig tar éis 14 bliain de shár-sheirbhís don náisiún seo. An mbeidh deis ag cinnirí na bpáirtithe inniu a n-ómós agus a mbuíochas a thaispeáint don Uachtarán ar éirí amach as oifig di? At midnight the senior and most eminent Member of the Oireachtas will retire after 14 years of service to the nation both at home and abroad. Will an opportunity be given in the House today to the leaders of the parties to show their gratitude and respect for the work she has done during her term of office? Will the Tánaiste vary the Order of Business to give us the opportunity to show our gratitude to the President on leaving office?

I understand we do not debate the President who is above politics.

We are not debating the President but paying tribute to her.

Aontaím leis an Aire Ó Cuív go ndearna——

Leis an Teachta Ó Cuív, gabh mo leithscéal. Bhí sé ina Aire chomh fada sin go ndearna mé dearmad. Aontaím leis go ndearna an tUachtarán Mhic Giolla Íosa sár-jab ar son na tíre agus gabhaim buíochas léi. Bhí deis ag an Rialtas sin a dhéanamh go díreach léi cúpla lá ó shin. Tuigim go rí-mhaith rialacha an Tí ach más féidir ba mhaith liom aontú le rún an Teachta go mbeadh deis againn ar feadh leathuaire ár mbuíochas a ghabháil léi ar an lá deireanach seo.

I understand the rules of the House regarding references to the President. However, every Member will agree that President McAleese has done an outstanding job during her 14 years in office.

Deputies

Hear, hear.

If it is possible, subject to the rules of the House, to allocate half an hour or so during which representatives of the political parties can express their appreciation of the great work she has done, perhaps the Whips might arrange it during the course of the morning.

Aontaím leis an méid a dúirt an Teacha Ó Cuív. Tá Sinn Féin sásta glacadh le haon seans a bheith againn anseo inniu ráitis a chur os comhair an Tí maidir leis an 14 bliain ag Uachtarán na hÉireann, Máire Mhic Giolla Íosa.

Last week the Government published its medium-term fiscal statement and in an hour or so it will publish its capital spending review. Already it has signalled the cancellation of a very important infrastructural development that would have provided fair and equitable access to the north west of the island with the deferral, at least, if not worse, of the M2-A5 dual carriageway project. This development was part of the St. Andrews Agreement and expected to be a critical flagship project to be unfolded on a joint basis by the Administrations North and South in the coming years, with all the economic benefits that it would entail. One expects other very serious announcements today, but there is no signalled intent on the part of the Government to facilitate a proper debate on the consequences of the capital expenditure work cancellations or deferrals. Will it accommodate an opportunity for Members to address these matters in the House today or next Tuesday in the context of the medium-term fiscal statement and the capital spending review? Having such an opportunity is hugely important. Therefore, I urge the Tánaiste to give a favourable response.

That matter should be raised with the Whips also.

Later this morning the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, will publish the capital programme. It will be a significant programme, notwithstanding our financial difficulties, amounting to over €16 billion in the next four or five years. Owing to the country's financial circumstances, as the Minister will explain later, it will be necessary to put back some capital projects, particularly in the roads and transport programme, because the money simply is not available to proceed with them. I regret that the A5 is one of the projects that cannot proceed at this time. However, there is, as the Deputy said, a political commitment in the St. Andrews Agreement to allow it to go ahead and our commitment to it remains solid, but we cannot do what we do not have the money to do at this time.

I am agreeable to having a debate in the House on the capital programme. Perhaps the Whips might arrange to have that debate next week. Undoubtedly, Members will wish to discuss the projects that are and are not going ahead and to put their case to the Minister for Public Expenditure and Reform. Some arrangement can be made to schedule that debate to take place next week.

The Taoiseach indicated this week — and following the meeting of the Economic Management Council yesterday it now seems likely — that legislation may be forthcoming to oblige bankers to pass on the interest rate reduction from the ECB. Will the Government consider introducing a clause in any such legislation that would criminalise bankers for failing to pass on such reductions and that would result in jail terms for chief executive officers, chairman and board members?

Is that on promised legislation?

On promised legislation, yes.

As I already have stated, the Government has asked the Financial Regulator for his assessment of the current position following the meeting yesterday between the Economic Management Council and the banking institutions. I hope the Government will have the that assessment reasonably soon and obviously the content of any legislation would be based on the Government consideration of that assessment.

I refer to legislation pertaining to the nitrates directive. There is a crisis in rural Ireland at present whereby people in the farming sector are totally prohibited from spreading slurry, which is full to capacity in their farmyards. This is an emergency that I have drawn to the attention of the Ministers in the Department of Agriculture, Food and the Marine, as well as to the office of the Minister for the Environment, Community and Local Government, Deputy Hogan. I seek some flexibility in this regard. In County Kerry in particular, we experience twice as much rainfall as elsewhere and farmers are on tenterhooks. I ask the Tánaiste to speak to the Ministers on this matter. I was informed by the Minister of State at the Department of Agriculture, Food and the Marine, Deputy McEntee, that some flexibility also should be shown by the environmental departments of county councils. I ask that departmental officials would ease off a little and perhaps arrive at a mechanism of agreement to facilitate those farmers. This issue is causing them terrible problems and I ask that some leeway be given.

No legislation is promised in respect of the nitrates issue and I understand the Minister does not have plans to provide the extension to which the Deputy referred. However, the issues the Deputy has raised can be raised directly with the Minister for the Environment, Community and Local Government.

I refer to promised legislation to make a clear ending to upward-only rent reviews, which would be a big help to struggling businesses that are finding it extremely difficult to keep their doors open at present. As I believe this was part of the programme for Government, what is its present status? In addition, I refer to proposed legislation on the introduction of a proper deposit protection scheme to protect deposits from being unfairly withheld from tenants by landlords who treat their tenants unfairly when their term of tenancy expires by unfairly withholding their deposits. Some protection should be put in place and some legislation should be introduced to protect such tenants and their deposits.

The issue of upward-only rent reviews is at present a subject of discussions between the Minister for Justice, Equality and Law Reform and the Attorney General. The issue of the possibility of legislation on deposit retention is a matter that is under consideration by the Minister of State, Deputy Penrose.

Is legislation promised or required in respect of a matter about which Deputy Tom Hayes and I, as well as others, yesterday met the Minister for Defence, namely, the closure of the Army barracks in Clonmel? The decision to close the barracks, if it is made, will be made as a cost saving measure and I note we handed over 7,000 signatures. I have a document in my possession stating it would cost €5.5 million to relocate the troops concerned to Limerick, which could not be described in any way as a cost saving. Moreover, members of the Tánaiste's own party and some in the Cabinet also have concerns about barracks throughout the country. While this is being done in the name of cost saving, what costs are being saved if it would cost €5.5 million to transfer the troops but only €160,000 to keep them in Clonmel?

That is not promised legislation.

If legislation is needed, how can——

The Deputy should table a parliamentary question.

I have done so but these facts now have come to light.

I call Deputy Dooley.

The Tánaiste wishes to answer.

Legislation does not arise at all in respect of this matter.

Just close it and say good luck.

No legislation is required.

I notice the Order of Business does not refer to the capital spending review announcement today but if I am correct, the Tánaiste indicated it would be published and an announcement would be made within the next hour or so. Where will that take place, if not in this Chamber? Before entering government, the Tánaiste had indicated the necessity to put Parliament front and centre of all decisions and discussions that would take place in respect of any important announcement.

This is following suit. Unlike Deputy Dooley's party.

I expected a different and more transparent approach.

Remember those Friday morning announcements.

As the Tánaiste talked about that, perhaps he will explain to Members the reason the capital spending announcement is not being made in the Chamber.

There will be a debate on it next week.

At least we tell the truth.

This pertains to the people's money. The Minister for Public Expenditure and Reform will make a public announcement on, and will publish, the capital programme.

The last time I checked, the Chamber was a public venue that is televised.

As I indicated in response to a question earlier, the Government is agreeable to having the issue discussed and debated in the Chamber next week and arrangements can be made for that.

That is more than Fianna Fáil ever did.

Fianna Fáil abused the House for years.

Yesterday on the Order of Business, the Taoiseach refused to allow for some debate on the outrageous position whereby 14 of our citizens are being held in custody, after being kidnapped by the Israeli authorities——

——and held for days, humiliated, shackled and mistreated, as described previously. I ask the Tánaiste to do what the Taoiseach failed to do. He should giving a commitment that he will make a statement, having again contacted the Israeli Embassy and authorities this morning——

——to ask them when our citizens will be released.

The Deputy is aware he is out of order.

The Tánaiste should allow for a variation of the Order of Business in order that a statement can be made in this Chamber to clarify——

Please, Deputy. I said you were out of order.

——that our citizens will be brought home today.

The Deputy is aware that he is out of order as it already has been discussed.

I seek a variation of the Order of Business. Deputy Ó Cuív asked for that but that is okay because he is from Fianna Fáil.

I ask you to withdraw that statement, Deputy.

Why can Deputy Ó Cuív do it?

I am making the point that it is out of order. Does the Tánaiste wish to respond?

I will be answering questions in the House this afternoon in my capacity as Minister for Foreign Affairs and Trade and was surprised that neither Deputy Boyd Barrett nor any of his colleagues have tabled a question to me on this matter.

The Tánaiste is wrong and has not read the paper. There are two of them. The Tánaiste has not read the paper and is wrong.

It is not on the Order Paper. While I am happy to answer questions, the Deputy must table them.

All right. I call Deputy Wallace.

Does the Tánaiste wish to withdraw that remark?

They are in the paper, which the Tánaiste obviously has not read.

The Sunday Independent.

Allow Deputy Wallace to ask his question.

Although it is now November, there still appears to be no sign of the promised legislation on the strategic investment bank. Given that the Government has no control over the so-called pillar banks, does the Tánaiste agree it is more imperative than ever to create a bank over which the State has some control?

Yes, I agree with that, which is the reason the Government intends to establish a strategic investment fund on which an announcement will be made very shortly.

When will the regulatory impact analysis on the Water Services (Amendment) Bill be published and put up on the Department's website? Earlier this week, the Minister for the Environment, Community and Local Government stated it had been so placed but unfortunately that is not the case. Consequently, I seek information in this regard.

The Bill itself has been published and I understand it will go before the Seanad next week. As I am unsure about the regulatory impact assessment, I will check with the Minister for the Environment, Community and Local Government and will communicate the reply to the Deputy.

I call Deputy Lawlor.

In a reply to a parliamentary question yesterday, I was told it was on the website of the Department of the Environment, Community and Local Government. I cannot find it there and it is disgraceful that the Bill was published without similar publication of the analysis.

I call Deputy Lawlor.

I did, but it is not there. The Deputy may not understand googling but if something is not there, one will not find it.

Google it again.

I call Deputy Lawlor.

In respect of the Labour Relations Commission, to which 17,000 claims were made last year, is it proposed to bring forward legislation to reduce the number of such claims, some of which are spurious?

The Minister for Jobs, Enterprise and Innovation has announced his intention to reorganise and rationalise the industrial relations institutions and he is working on that. The number of claims or applications presumably reflect industrial relations issues in the workplace. People who have industrial relations issues are perfectly entitled to bring them forward and to have them processed.

Will the Tánaiste agree to vary the Order of Business to allow for a debate this afternoon to deal with the very important matter of his Government's revoking of its commitment to fund the A5 road from Aughnacloy to Derry and serving Letterkenny and the Donegal region?

That is a matter for the Whips.

It may be, but it is also a matter of whether the Tánaiste is willing to give time. What has happened on the back of the Government decision not to do this is that the Northern Executive is deciding, and the First Minister is indicating, that they will allocate the £400 million sterling to other projects. It is critical that the Government tries to undo the damage that has been done to this project in the past 20 hours and get it back on track. What it is doing by its actions is knocking this project into never-never land. We need a debate this afternoon specifically to address this issue. We then need the Taoiseach and the Minister for Transport, Tourism and Sport to meet the Northern Executive to see if something can be salvaged out of this. If not, the north west will never see this road built.

The Deputy should raise that matter with the Whips.

Will the Tánaiste allow a variation of the Order of Business to discuss this matter later today?

I have already agreed there can be debate in the House next week on the public capital programme. When the Deputy's party was in Government, it produced all kinds of programmes which had no basis in reality. Telling people that it will build a road when it clearly has no money with which to do it is just not levelling with people.

Deputies

Hear, hear.

They were caught out.

The Government is committed to that road. There is a political commitment to it. However, we have to be straight with people.

Like he was before the general election.

It is Frankfurt's way.

When there is no money to do it, there is no point going around saying we will spend so much on this and so much on something else.

We are out of time and must move on.

Will the Tánaiste agree to a debate this afternoon?

Next week.

Next week will be too late. What has happened in the past 20 hours is that this project has gone from where a dual carriageway would be built by the end of 2015 to where it will never be built. The Tánaiste has some cheek to stand up and talk about talking straight, considering the commitments and promises his Government made, both his own party and Fine Gael——

I ask the Deputy to put down a parliamentary question on this matter.

——eight months ago, only now to row back.

Why is the IMF still here?

He should be apologising to the people of the north west for what he is doing here. He is leaving them behind for political expediency and totally forgetting about them.

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