Order of Business

The Taoiseach

It is proposed to take No. 6, motion re referral to select committee of the proposed approval by Dáil Éireann of Ireland's accession to the memorandum of understanding concerning the principles for the establishment and operation of a battle group, and of the terms of the agreement between the Government of Ireland and the Government of the United States of America on enhancing co-operation in preventing and combating serious crime; No. 7, motion re referral to joint committee of the proposed approval by Dáil Éireann of a directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation; No. 13, statements on pre-European Council meeting of 30 January; and No. 14, Legal Services Regulation Bill 2011 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that Nos. 6 and 7 shall be decided without debate; the proceedings on No. 13 shall, if not previously concluded, be brought to a conclusion after 65 minutes and the following arrangements shall apply: statements shall be made by the Taoiseach and by the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, who may share their time and whose statements shall not exceed 15 minutes in each case; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. Private Members' business shall be No. 38, motion re promissory notes.

An Ceann Comhairle

There are two proposals to be put the House. Are the proposals for dealing with Nos. 6 and 7 agreed to? Agreed. Is the proposal for dealing with No. 13 agreed to? Agreed.

Deputy Éamon Ó Cuív

I wish to raise an issue under Standing Order 26 to ask the Taoiseach when he will provide Government time to debate an issue of serious importance on the Order Paper, namely, the misinformation given to the House by the Minister of Education and Skills on 12 January with regard to the Water Services (Amendment) Bill. I am sure the Taoiseach will agree that to misinform the House is a serious issue and that the minute a Deputy is made aware that he or she has done this-----

An Ceann Comhairle

We cannot debate the issue. You are quite entitled to ask for time, thank you.

Deputy Éamon Ó Cuív

-----even if it happened inadvertently it is vital that the record be corrected and I ask the Taoiseach that this matter be dealt with expeditiously.

An Ceann Comhairle

The Taoiseach on the question of time.

The Taoiseach

This matter can be raised during the debate on the Water Services (Amendment) Bill which is being taken tomorrow. If my recollection is clear Deputy Ó Cuív had a bit of a spat with the Minister for Education and Skills about this. As I understand it, the Minister was referring to the fact that it was necessary to enter a defence by 3 February-----

I did not receive a letter from you.

Deputy Gerry Adams

Tá ceist amháin agam faoi reachtaíocht atá geallta agus ceist eile faoi díospóireacht atá á lorg againn.

Legislation is pending on payment and protection for low-paid workers. Last week it appeared the Government agreed to widen the scope in the troika agreement to introduce a new clause which will allow employers to evade responsibilities for low-paid workers under the new joint labour committee system. Will the Government confirm whether new legislation will be required to fulfil this and whether the decision is a Government one? Vita Cortex, La Senza and Lagan Brick workers are protesting and last week 100 workers were paid off in Dundalk by Diageo. We need to protect workers' rights.

The Taoiseach promised a debate on the HSE service plan which will see 500,000 hours of home help care being taken away-----

An Ceann Comhairle

We are straying a bit now.

Deputy Gerry Adams

I will be restrained. We were promised a debate and I am simply asking when it will take place.

The Taoiseach

Maidir leis an cheist a chur an Teachta faoi reachtaíocht, níl eolas ar bith agam faoi Bille a bhaineann le oibrithe a bhfuil pá íseal acu. I do not have any information on legislation with regard to low-paid workers. There is no change to the industrial relations legislation as published and set out by the Minister for Jobs, Enterprise and Innovation. The debate on the HSE will take place next week.

Deputy Catherine Murphy

The Legal Services Regulation Bill is on the Order Paper for today. Last week I asked whether the regulatory impact assessment would be published in advance of the resumption of Second Stage and the Taoiseach said the Minister would correspond with me directly. I received a letter from him today which stated that ideally it would be published in advance of the legislation but he hopes after consulting with stakeholders that it will be available prior to Committee Stage.

I raised this at the Whips' meeting last week and I asked whether it would be on the Order Paper for this week. At a meeting I was told it would not be on the Order Paper for this week because the regulatory impact assessment had not been published and for other reasons. I was very surprised to see the Bill which was supposed to be on the Order Paper for today pulled and the Legal Services Regulation Bill replacing it. It is very difficult to plan work for the week and do business when one's legitimate expectation with regard to what will be on the Order Paper is not fulfilled.

I want certainty about the Legal Services Regulation Bill. It is not acceptable to receive the regulatory impact assessment prior to Committee Stage; we need it for Second Stage. Second State has commenced but it should not be resumed until we receive the regulatory impact assessment.

The Taoiseach

It is fair to say there should be a break between Second Stage and Committee Stage. The Minister for Justice and Equality will be in the House this afternoon. Deputy Murphy was informed on Monday morning that Second Stage would continue. We are on the first round of speakers and there is a great deal of interest in the Bill. At the end of Second Stage analysis will need to be done of all of the comments made by all Deputies. If the regulatory impact assessment becomes available the Minister will circulate it for debate.

I would like all Deputies to have an opportunity to have their say on Second Stage and to have an analysis of their comments prior to Committee Stage as would be right and proper. I understand Deputy Murphy was informed on Monday morning that Second Stage would continue and that there would be a decent space between its conclusion and Committee Stage.

An Ceann Comhairle

We cannot have a debate now.

Deputy Catherine Murphy

The point I am making is that a regulatory impact assessment is fundamental to Second Stage to understand how a Bill was teased out. One should have it in advance of Second Stage. My understanding of the programme for Government is that a commitment has been made to provide regulatory impact assessments.

The Taoiseach

Yes.

Deputy Catherine Murphy

There is no point in doing this three quarters of the way through the process. It is required when debate commences on a Bill. It is very unsatisfactory.

The Taoiseach

Deputy Murphy is well aware from her experience here that changes are made to Bills on Committee Stage when the Minister decides whether to accept amendments on the basis of their credibility and validity. It would be wonderful to have all of these things beforehand. The Legal Services Regulation Bill is enormous and it makes very great changes to the provision of legal services. The regulatory impact assessment will be available, but as the Deputy is aware changes are made to a Bill on Committee Stage and Second Stage is when Deputies from all parties comment on what they think should be in a Bill and how they consider it, whether good, bad or indifferent. Added to these comments will be reflections on the regulatory impact analysis, but it is on Committee Stage that these reflections are put into amendments submitted by Deputies which may be accepted by the Minister. It is then that a great deal of consultation will take place on this very extensive Bill.

Deputy Mattie McGrath

The Minister of Social Protection is not in the House but I want to ask the Taoiseach about community employment schemes and the controversy and mess which exists. There is uncertainty and angst whereby the Department is writing to community employment sponsors, of which I am one-----

Dáil Éireann díospóireacht - Tuesday, 24 Jan 2012

Dáil Éireann díospóireacht -
Tuesday, 24 Jan 2012