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Dáil Éireann díospóireacht -
Wednesday, 22 Feb 2012

Vol. 756 No. 3

Order of Business

It is proposed to take No. 14, Protection of Employees (Temporary Agency Work) Bill 2011 - Order for Report, Report and Final Stages, to adjourn at 5.30 p.m., if not previously concluded; and No. 5, Motor Vehicle (Duties and Licences) Bill 2012 - Order for Second Stage and Second Stage. Private Members' business shall be No. 40, motion re health services (resumed), to conclude at 9 p.m., if not previously concluded.

There are no proposals to put to the House.

With regard to forthcoming legislation and to put the record straight, there was no mention of €2 billion or €5 billion for the sale of State assets in the original memorandum of understanding agreed with the troika. That was something the Government decided to include in line with Fine Gael's policy, in particular, and it is wrong to continue to mislead people about this fact. The Minister for Finance is on record articulating on a number of occasions in the House how the sale of State assets in terms of what is being proposed and revealed was introduced into the Government's memorandum of understanding with the troika. Perhaps that is being done to appease Labour Party backbenchers and that is why Labour Party Ministers are deliberately misleading about this.

Will the Deputy get on with it please?

When will the Government bring forward legislation to facilitate the sale of Coillte assets, the energy division of Bord Gais and minority stakes in the ESB and Aer Lingus? Will the Taoiseach outline a timeline for the introduction of legislation that the Minister for Public Expenditure and Reform promised outside the House this morning?

On the same issue, legislation will obviously take time but, because of the critical importance of this issue, will the Taoiseach provide time either today or tomorrow at the latest for a debate on the proposals made by the Minister for Public Expenditure and Reform this morning? Has he any concept of the depth of treachery to sell billions of euro worth of State assets to pay the bad gambling debts-----

We are not having a discussion on this.

Last June, the Taoiseach promised a debate on the McCarthy report, which dealt specifically with the proposals on the sale of State assets.

We cannot have a debate now.

Will he show the same appreciation to the rest of us regarding this proposal and take cognisance of what Members want regarding a discussion after the horse has bolted?

The Deputy would know a lot about that.

I call Deputy Adams on the same issue.

I have another issue but I will come back to that in a moment with the Ceann Comhairle's permission.

Please stick to a question that is in order on the Order of Business.

There is the issue of these announcements being made outside the Dáil but will the Taoiseach ensure time is set aside for a debate on the Government's proposals?

I have no problem with having a debate on the Government's proposals but it is important that Members understand the process in train.

The parallel process of announcements outside the House while we try and discuss the legislation here.

Would the Deputy mind allowing the Taoiseach to answer his party leader's question?

The Government made a decision yesterday and that has been communicated today both in here and outside by the Minister for Public Expenditure and Reform.

Well done to the Labour Party.

I do not see the details.

The process that will be followed is that in respect, for instance, of the energy market, the intention clearly is to bring about a competitive impact on that market. The Minister for Communications, Energy and Natural Resources will present a list of recommendations to the Government by the end of March both in respect of the disposal of Bord Gais Energy and some elements of the power generation capacity within the ESB. The valuations on those will be carried out by NewERA and the Government will make its decision following the presentation by the Minister. I have mentioned that if a decision is made in respect of Coillte, it will relate to timber and not to land, and where Aer Lingus is concerned, it will be in respect of the shareholding. From that point of view, Members can have a debate.

What is the timeline for it?

They can raise it at the Whips' meeting and they can have a debate on it the week after next if they wish, but it might be more appropriate if we had a full debate on it-----

The Taoiseach promised on a debate on it.

-----when the Government makes a decision about the recommendations that will come before it from the Minister for Communications, Energy and Natural Resources, having consulted with all those authorities involved.

I call Deputy Adams.

Has the Taoiseach a legislative timeline for this?

No, I cannot give the Deputy a timeline for legislation. The start of process is that by the end of March the Government will be presented with a list of recommendations by the Minister for Communications, Energy and Natural Resources.

So the Minister has not announced it this morning.

I do not expect that any of these sales would take place until 2013 at the earliest.

We need a debate on the principle of-----

Deputy Higgins, will you please resume your seat?

-----selling off assets to satisfy speculators in Europe.

Deputy Higgins, resume your seat.

The Taoiseach should not come in here and pretend this is for the good of the Irish people to provide cheaper energy prices.

Deputy Adams to proceed. I ask Deputies to restrain themselves and to speak through the Chair.

There is a clear pattern of the Government making announcements outside this Chamber, running away from having a referendum on the austerity treaty and so on.

(Interruptions).

Last night there was an announcement about a constitutional convention. At least seven or eight months ago the Taoiseach promised the Opposition that he would consult its members on that issue. A fortnight ago I wrote to him on behalf of Sinn Féin and made a number of suggestions. The announcement last night did not contain one of the suggestions Sinn Féin made to him-----

That is a separate issue.

-----in regard to a constitutional convention. The point I am coming to is that this is more of a process of notification than consultation. I cannot take the Taoiseach seriously-----

A Deputy

We cannot take the Deputy seriously either.

We cannot have a debate on the Order of Business.

-----in terms of political reform and his lack of willingness to consult the Opposition on these issues. If he was serious about consulting on a constitutional convention, why did he not meet us before he made his announcement?

This is not in order on the Order of Business and the Deputy knows that right well. The matters that can be raised are those related to promised legislation. I call Deputy Healy-Rae on a matter of promised legislation.

There will have to be facilitating legislation. This is a constitutional change.

There are other ways of debating this issue-----

Legislation will be required.

-----but it cannot be debated on the Order of Business.

Deputy Adams's question is quite valid.

Deputy Healy-Rae to proceed.

Will the Local Government Act have to be amended to allow for the proposed alignment of local development companies to local authorities and is there promised or proposed legislation in regard to this?

Is legislation promised on this, Taoiseach?

I have one other item.

No, the Deputy cannot be making speeches.

No, I wish to raise a separate item. Everyone else seems to get to have all the say they want.

No, the Deputy knows what I am talking about.

The Deputy has asked a fairly direct question there.

That was one direct question for the Taoiseach. Another direct question for him is how soon the taxi regulation legislation will be altered to allow for the use of new low cost hackney licences which are proposed to be issued? I welcome this initiative as it was I who proposed it in this House a number of months ago.

Thank you, Deputy. Is legislation promised on this?

There may well be legislation required in respect of the transfer envisaged in regard to the county enterprise boards. The Minister for the Environment, Community and Local Government and the Minister for Jobs, Enterprise and Innovation are discussing that matter.

On the question of the taxi regulation report, that is under discussion and being handled by the Minister of State, Deputy Kelly. I am glad the Deputy welcomed that element of it. I am sure it will be very beneficial in Kilgarvan and surrounding areas. Down there near Robber's Glen the hackneys will be busy in the evening. Obviously, the Deputy will have the opportunity to discuss that in the House when it progresses.

I call Deputy Dooley.

The Taoiseach did not answer my question.

I said that-----

The Taoiseach did not answer it with all the noise.

The question on the county enterprise boards.

Deputy Healy-Rae, resume your seat.

The Taoiseach did not answer what I asked him.

Will the Deputy ask the Taoiseach to answer it again?

Did the Deputy's translator ask the question?

(Interruptions).

I ask the Taoiseach to hear this question out.

Will the Deputy resume his seat?

The Taoiseach did not answer my question.

Will the Taoiseach answer the question?

I did answer it.

The Taoiseach did not answer what I asked him.

The Deputy asked would legislation be necessary to amend the Local Government Act to cater for the transfer of county enterprise boards.

No. I asked whether the Local Government Act will have to be amended to allow for the proposed alignment of local development companies to local authorities and is there promised or proposed legislation in this regard?

The local development companies are slightly different from the county enterprise boards. That is a matter on which the Minister for the Environment, Community and Local Government will respond to the Deputy.

If the Deputy tables a parliamentary question on the matter, he will get an answer.

They are set up under an element of legislation and it may well be necessary to amend that.

That is why I am raising the matter now because-----

The noise Bill has been on the agenda here for the past 20 years. We will have to get that introduced so that people can hear each other.

We could do with an answers Bill too.

The Taoiseach announced this morning that he intends to proceed with the sale of State assets and, in particular, the sale of the 25% stake in Aer Lingus. Can he explain at what stage he decided that it was not a strategic asset and in particular-----

Will the Deputy resume his seat?

-----the Heathrow slots which form part of Aer Lingus?

That is not in order on the Order of Business.

It is because it is promised legislation. The Taoiseach has promised it this morning.

What promised legislation is it?

Can the Taoiseach explain whether the Labour Party and its affiliated unions-----

Deputy, please.

-----have identified that these assets-----

Deputy, resume your seat.

-----are seen to be less than strategic?

Is there promised legislation in this area, Taoiseach?

This is part of the Government decision made yesterday between both parties in government. The objective here is very clear. The outcome has already been agreed with the troika. The Minister for Communications, Energy and Natural Resource will come back to Government by the end of March with a list of recommendations. Those I mentioned are in respect of the timber and not the land in the case of Coillte-----

There will be no Christmas trees next year.

-----the shares held by Government in Aer Lingus, the energy section of Bord Gáis Energy and elements of the power generation capacity within the ESB complex. The target or objective is to reach €3 billion and the agreement as to the outcome has already been determined between Government and the troika.

Before I call anyone else, I remind Deputies the only thing that is in order on the Order of Business is to inquire about promised legislation in terms of when it will be taken. There are to be no other speeches. There are other ways of raising these issues, by tabling a Topical Issue matter or a parliamentary question.

A Deputy

What about broken promises?

Broken promises are not included.

I call Deputy Catherine Murphy on a matter of promised legislation.

(Interruptions).

I wanted to ask about the noise pollution Bill. The Taoiseach said that it has been promised for a long time. It is on the Order Paper but when are we likely to see it?

That is another broken promise.

It is still a rumble in distance. There is no clarity as to when it will brought in.

Before the Ceann Comhairle cuts me off, I wish to point out that this matter is in regard to promised legislation.

As the Taoiseach is aware the LNG project for the north Kerry-Ballylongford-Tarbert area is on hold-----

I have already allowed the Deputy along with other Deputies to raise this as a Topical Issue matter.

If the Ceann Comhairle would let me finish, this is in regard to promised legislation.

I have granted the raising of this as a Topical Issue matter.

Has the Ceann Comhairle granted me the opportunity to raise this as a Topical Issue matter?

Yes, along with the other Deputies.

I thank the Ceann Comhairle for that.

The Deputy should check that with his secretary. I call Deputy Mattie McGrath.

(Interruptions).

Deputies, you are not in Croke Park now. Will they please show a bit of dignity in the House?

Ba mhaith liom ceist a chur ar an Taoiseach faoi na gealltanais go léir atá briste ag an Rialtas. Tá a lán acu briste agus beimid ag cur na ceiste sin gach seachtain. Under promised legislation, and this is a matter Deputy Ross tried to raise, there is a promise in the programme for Government to help small businesses. He mentioned the rates review.

He may have mentioned the rates.

No. The rates review-----

About what promised legislation is the Deputy inquiring?

Is there promised legislation on this?

No, it is not a matter of "is there" but a matter of about what promised legislation the Deputy is inquiring.

The Valuation Office was reviewing the rates because-----

The Deputy is out of order. I call Deputy Durkan.

On promised legislation - this arises from the neglect of the local authority housing sector by the previous Government - the housing Bill has been promised for some time. It should have been dealt with by the people now in opposition, but it was not. To what extent has progress been made in bringing the heads of the Bill to Government, and when can it be expected to come before the House?

I have another question, a Cheann Comhairle.

Please hurry up, because there are other Deputies who wish to speak and there is a time limit.

I know. The Opposition Members have taken up all the time.

I am trying to satisfy all the Deputies, so cut out the speeches and get on with the question.

The unfortunate Members on this side of the House have a view as well.

Plenty of leeway there.

I wish to ask about a Bill that has been needed for years, including during the time of the previous Administration.

Is that a speech?

I refer to the companies Bill, the aim of which is to update company law to ensure that we do not have breaches of company law that could result in serious liabilities for the Exchequer. What progress has been made on this? I know it is a detailed Bill with many sections. Would it be possible to bring some parts of it to the House at an earlier stage to address the issues that have become apparent?

Deputy Durkan raised two questions. The heads of the housing Bill are being worked on. It is expected that it will come before the House some time this year. The companies (miscellaneous provisions) Bill the Deputy mentioned is a consolidation Bill. This is an enormous volume of work, with 1,300 sections. I expect it will come before the House some time this year.

With regard to the criteria for the establishment of technological universities, which were recently announced by the Higher Education Authority, when can we expect to see the heads of the Bill that will be required to give these criteria legal effect? I am aware that this is a priority according to the programme for Government. This is an important issue for the south east, which is the only region in the State that does not have a university. It must be given priority by the Government.

The process is under way. This is an important advance that the Government decided upon shortly after the demise of TalkTalk in Waterford. There is a process that must be carried out to trigger the achievement of the criteria and to decide what groups of institutions will come together to achieve technological university status. It is not a case of introducing legislation just now, but the process is clearly under way. This will obviously be of advantage to the south east region, among others.

The Minister for Justice and Equality, Deputy Shatter, issued a guidance document on surrogacy and citizenship yesterday evening. This is a serious issue for a number of families. In the document he promised legislation to deal with these matters. I ask the Taoiseach to indicate when he expects that legislation to come before the House. In the interim, I ask him to take a personal interest in the issues pertaining and examine whether passports can be issued to children whose DNA is unquestionably Irish. The current situation is unacceptable, and I ask him to take a personal interest in it.

I cannot give the Deputy a time frame for any legislation required. The clarification document issued yesterday by the Minister is beneficial in setting out the range of circumstances that apply in this enormously complex area. Not just I but everybody else has an interest in ensuring that clarity and legal certainty is brought to this area. The Minister commented on this earlier today. He will take the opportunity when it is available to address the House on the matter.

I ask the Taoiseach about the status of legislation for the loan guarantee scheme for Irish companies that seek to export abroad but cannot access credit at home. The Government has had major success recently in attracting large amounts of multinational investment to the State but, as the Taoiseach knows better than I, we need to support the local economy as well, and that legislation is critical.

I answered this during the week. I expect the Bill to be ready in ten to 12 weeks, and then we will bring it to the House. It is receiving strong support from the SME sector and from banks, which are saying that many companies that might not be able to receive assistance in the conventional way will be able to receive assistance under this Bill.

When will the fiscal responsibility Bill come before the House and how will it interact with the European treaty? Second, when does the Taoiseach envisage the betting (amendment) Bill coming before the House?

The fiscal responsibility Bill will be published later this session. As the Deputy is well aware, I am awaiting a response from the Attorney General in respect of the treaty, and depending on that advice, the Government will decide how the treaty should be ratified.

And the betting (amendment) Bill.

I am informed that it will be published this session.

Will an amendment to the National Lottery Act be required to fulfil the Government's objective, when issuing the next national lottery licence, of obtaining a significant up-front payment? Where does that fit in with today's statement by the Minister for Public Expenditure and Reform, Deputy Howlin?

That is a separate matter.

The Taoiseach has said previously that the proceeds will go towards the national children's hospital. I do not see any reference to that in today's statement. Where does it stand?

Is there promised legislation in this regard?

There is a process to be gone through. The Government has made a decision in principle, but the Minister for Public Expenditure and Reform is going through a process, after which he will report back to the Cabinet. We will see what the Government decides in due course.

What legislation, if any, is being put in place-----

No. We are talking about promised legislation, not "if any".

-----to prevent the abuse of the social welfare system under which young, fit, able-bodied people are encouraged-----

That is a matter for a parliamentary question.

-----to collect social welfare payments when they could be put to good use-----

Conscript them.

-----looking after our community.

Bring back the chain gang.

Let us have conscription.

There is no promised legislation.

This is an important matter. Tomorrow, the Minister for Social Protection and I will launch the Government's Pathways to Work scheme, which is designed to provide opportunities for young people and others to change career, improve their skills and get into the world of work. Our unemployment rate among young people, at 29%, is above the European average. It is far too high, and the Government is seeking to address this. I have raised it in Europe and it is part of the Commission's response.

Will it be launched inside the House?

On recent developments whereby NAMA has allegedly put thousands of jobs at risk, necessitating the direct involvement of the Minister for the Environment, Community and Local Government, the Taoiseach told me previously that legislation in this regard is promised for later in the year. In view of these developments, will he prioritise this legislation and introduce it this session?

What legislation?

Freedom of information legislation.

That is later this year.

Will the Taoiseach prioritise it?

We cannot have a debate.

We have limited time and many priorities.

It is a serious problem which is putting thousands of jobs at risk.

Legislation on a strategic investment bank has been promised for a long time. As the Taoiseach knows, small and medium-sized businesses are still having major difficulties accessing credit, and this is hampering employment and job creation. After a year, does the Taoiseach still plan on introducing this legislation, or has it been forgotten about?

I cannot give the Deputy an accurate date. The Government is seriously pursuing the Bill for a partial loan or credit guarantee scheme and the setting up of a microfinance agency so that credit can be made available to small businesses that are anxious to proceed with matters. I expect the Bill to be published in ten to 12 weeks-----

Will the investment bank be set up?

-----and the strategic innovation fund as well.

The Minister for Health indicated to me earlier in the month in a reply to a parliamentary question that legislative proposals for the reform of the HSE are at an advanced stage, particularly the change from a board structure to a directorate structure. When can we expect the legislation to come before the House?

The HSE governance Bill will be published this session.

The Government's jobs initiative contains a commitment to introduce legislation to abolish city and county enterprise boards and put something else in their place. When can we expect to see that legislation?

I expect legislation will be required. I will ask the Minister for the Environment, Community and Local Government to respond directly to the Deputy.

This is a very serious point. The chief executives of both the Industrial Development Agency, IDA, and Enterprise Ireland told the relevant committee this morning that legislation was necessary in this case.

Yes, I expect it will be.

When can we expect that legislation?

This is a process that has been agreed by the Government. I cannot give the Deputy a date for the legislation but the intention is that there will be a one-stop-shop in local authorities for small businesses, where they can conduct all their business. The funding for those county enterprise desks will continue to come from the Department of Jobs, Enterprise and Innovation. The Minister for the Environment, Community and Local Government, Deputy Hogan, will respond directly to the Deputy in respect of when the legislation will be introduced.

Tá ceist agam faoi Bhille na Gaeltachta. An mbeidh Gaeltachtaí nua á gcruthú de réir an phaipéir agus an dtabharfaidh an Taoiseach eolas dúinn faoi na Gaeltachtaí nua seo?

Sílim nach mbeidh ach beidh díriú isteach ar céard is Gaeltacht ann agus cad é stádas na Gaeilge sna háiteanna ar a dtugtar Gaeltachtaí orthu faoi láthair. Beidh iniúchadh déanta ar na ceisteanna sin as seo amach.

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