Dáil Éireann díospóireacht -
Tuesday, 6 Nov 2012

Vol. 781 No. 1

Order of Business

The Taoiseach

It is proposed to take No. a15, motion re ministerial rota for parliamentary questions; No. 15, motion re leave to introduce a Supplementary Estimate - Vote 35; No. 16, motion re referral of Supplementary Estimate to select committee - Vote 35; No. 20, Fiscal Responsibility Bill 2012 - Order for Report, Report and Final Stages; and No. 21, Personal Insolvency Bill 2012 - Order for Report, Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn not later than 10 p.m.; Nos. a15, 15 and - subject to the agreement of No. 15 - No. 16, referral to select committee, shall be decided without debate and any divisions demanded on Nos. 15 and 16 shall be taken forthwith; and in the event that a division is in progress at the time fixed for taking Private Members' business, which shall be No. 72, motion re pensions and retirement lump sums, Standing Order 121(3) shall not apply and Private Members' business shall, if not previously concluded, adjourn after 90 minutes. No. 20 shall, if not previously concluded, adjourn at 7 p.m.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal that the Dáil shall sit later than 9 p.m. agreed to? Agreed. Is the proposal for dealing with Nos. a15, 15 and 16 agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

Deputy Billy Kelleher

The appalling murder of the prison officer, Mr. David Black, comes after continued monitoring of the activities of dissident republicans in Northern Ireland. In recent days we have seen protests outside PSNI headquarters by several senior members of Sinn Féin and members of the INLA regarding concerns about politically motivated arrests. Is it not time, in these circumstances, for a debate in this House on Northern Ireland, with a particular emphasis on policing? It would be very disturbing if senior members of Sinn Féin, who are members of the policing board, have no trust in the PSNI to carry out its duties-----

An Ceann Comhairle

I suggest that the Deputy raise this matter with the Whips.

Deputy Billy Kelleher

-----particularly given that its investigation involved the murder of a man in 2005, seven years after the Irish people took ownership of the situation in this country in the context of the Good Friday Agreement. Can we have a substantial debate on the issue of policing and the general upsurge in dissident violence in the North?

An Ceann Comhairle

Will the Taoiseach indicate whether this proposal can be referred to the Whips?

The Taoiseach

Yes. We have no objection to such a debate.

Deputy Gerry Adams

I am happy to have a member of Sinn Féin brief Teachta Kelleher on issues in the North. We can keep him very much up to date.

Deputy Billy Kelleher

I could brief Deputy Adams on a few issues down here.

Deputy Gerry Adams

I totally support the protest the other day at PSNI headquarters-----

An Ceann Comhairle

Does Deputy Adams have a question on the Order of Business?

Deputy Gerry Adams

I want to ask about two forthcoming reports. The first concerns the framework for the development of smaller hospitals. When will that be published? The Taoiseach may know there is great concern about such hospitals and sometimes there are many ráflaí going about which causes great anxiety, for example, the ending of 24-hour accident and emergency in a number of hospitals. There are concerns about Our Lady of Lourdes Hospital, which is in my constituency, being put under further pressure because of worries that services will be reduced in Navan. The same rumour is current across the south east about the downgrading of Waterford Regional Hospital. If this report is published, these concerns can be laid to rest, assuming they are not substantiated. When will the report be published, le do thoil?

The Taoiseach

Quite a deal of work has been done on this. From talking to Deputies and other public representatives from all parties from around the country, I find that the medical politics applied between hospitals is sometimes much more Machiavellian or vicious than actually applies between politicians themselves. Common sense and pragmatism are needed concerning the best thing to do in providing hospital treatment and other health facilities for the people.

Deputy Richard Boyd Barrett

Stop cutting.

The Taoiseach

The Minister for Health is engaging locally and regionally with hospital interest groups. I expect that report is a few weeks away, although I cannot provide an exact date. It is something that is under active consideration.

Deputy Seán Ó Fearghaíl

In January, the Minister for the Environment, Community and Local Government indicated his intention to publish a climate change Bill. He said he would bring the heads of such a Bill to the Joint Committee on the Environment, Culture and the Gaeltacht in the second quarter of this year. Can the Taoiseach say what progress has been made in this regard? Can the committee look forward to receiving the heads of the Bill on time?

The Taoiseach

It is a while away yet. It is not required until next year. In the meantime, as the Deputy knows, we have signed on for particular climate change targets for 2020, including low carbon emissions levels. I have requested each Department to produce its own sectoral roadmap by February or March next year, indicating their steps towards achieving these overall targets. It is impossible to set down what one's actual targets will be from 2020 to 2050, which is a bit far ahead of us. Ireland's opportunity to produce so much more food in future must be taken into account in the balance of how to get this right. The legislation will be introduced next year.

Deputy Dessie Ellis

The Taoiseach will be aware that Focus Ireland issued a report today on the rental supplement scheme. Rental supplement was cut in the most recent budget and may be cut further in the next one. HSE welfare officers have handled the administration of this matter.

An Ceann Comhairle

Where is the Deputy going?

Deputy Dessie Ellis

The Minister has said that this will be passed over to local authorities, but when will this happen? When will the legislation be published? We need real reform and debate on the issue of rental subsidies. We are in danger of creating a new homeless cohort because landlords refuse to take on people. They also refuse to continue the rental supplement because of these cuts.

The Taoiseach

I think this will be included in the housing Bill next year. Clearly, the Department of Social Protection has an input into this matter. If that is not the case, I will confirm it for the Deputy. It is my understanding, however, that the measure will come along next year.

Deputy Mattie McGrath

I wish to ask the Taoiseach about the Transport (CIE Borrowings) Bill. I am concerned about a situation in Tipperary regarding junction XC-147 on the Cork to Dublin railway line.

An Ceann Comhairle

That is a matter for a parliamentary question, if ever there was one.

Deputy Mattie McGrath

I believe the compulsory purchase order powers have been abused, in that the rights of a farmer to hold on to his property have been abused.

An Ceann Comhairle

That is not in order. What is the name of the Bill?

Deputy Mattie McGrath

The Transport (CIE Borrowings) Bill.

An Ceann Comhairle

When will we be getting that Bill, Taoiseach?

The Taoiseach

It was published as a Seanad Bill on 26 October 2012.

Deputy Mattie McGrath

When will it be in this House?

An Ceann Comhairle

It will be coming in here after the Seanad.

The Taoiseach

The Deputy should check his screen.

Deputy Pearse Doherty

On three separate occasions I have raised an issue concerning pending legislation in this House. I would appreciate it if I could get an answer today. I asked the Taoiseach as far back as February, and I again asked the Tánaiste about it last month. It is about a commitment in the programme for Government to introduce legislation to publish the 1926 census. The last time I raised this matter, I wished The Gathering initiative well. Earlier today, the former ambassador for cultural affairs, Mr. Gabriel Byrne, criticised the Government and said the initiative was a scam. He said the Government was only interested in the shake-down of the Irish diaspora. The 1926 census was supposed to be published so that those coming here for The Gathering in 2013 could trace their roots. When will this legislation be published? Can the Taoiseach give confidence to the Irish diaspora that he means more than simply having a shake-down to take the last few pounds from them?

The Taoiseach

With respect to our very eminent former ambassador for culture, Mr. Gabriel Byrne, I disagree with him when he says that all Ireland is interested in is a shake-down of people coming here. The Irish-American diaspora represents about half our worldwide diaspora. This is a credible national proposition to invite people back here in 2013, not just for the traditional purpose of hoping they will spend money, but to have an enjoyable and beneficial experience. Those who wish to find out where their antecedents came from should have that opportunity.

I do not have the publication date for the 1926 census, but there is a considerable cost involved. The Department is dealing with two main issues. One is to put in place the necessary statutory power to enable the project to proceed, while taking account of the current 100-year confidentiality rule under which the Central Statistics Office collects its data. In other words, one is not supposed to publish the data until 100 years have passed.

The second issue is to find a method of funding the project in the absence of Exchequer funding. I am advised by the Department that the 1901 and 1911 census projects cost just under €5 million and that they were funded by the Exchequer. The 1926 census project is estimated to cost a multiple of this figure. Obviously, the Department is examining the possibility of its options in this regard.

I disagree with our eminent former ambassador for culture. I cannot give the Deputy an exact date as to when the census will be published.

An Ceann Comhairle

I call Deputy Niall Collins.

Deputy Pearse Doherty

On a point of order-----

An Ceann Comhairle

There is no point of order.

Deputy Pearse Doherty

I ask for your assistance, a Cheann Comhairle. On three separate occasions I was told that the information would be provided to me, but it has not been.

The Taoiseach

This is the fourth one.

Deputy Pearse Doherty

When will the legislation be brought forward? The Minister has said it was approved by Cabinet as far back as March. Will it be brought forward this year or next year?

An Ceann Comhairle

Hold on a second. The Taoiseach has answered the question.

Deputy Pearse Doherty

He has not answered that one.

An Ceann Comhairle

The Deputy should table a parliamentary question in order that he can get a detailed answer.

Deputy Pearse Doherty

It has been put off time and again.

The Taoiseach

I can give the Deputy the details in order that he can read them at his leisure.

Deputy Pearse Doherty

That is the fourth time the Taoiseach has said that.

The Taoiseach

Four times.

Deputy Niall Collins

Unfortunately, cyber bullying has been cited as the cause of many young people's suicides, including quite recently. I have raised with the Taoiseach the criminal justice (cybercrime) Bill, but that legislation concerns attacks on computer IT systems in large corporations. Has the Taoiseach any plans for legislation to deal with the issue of cyber bullying which is affecting so many young people? I know it is not a straightforward issue and is, in fact, quite a complex one to deal with because many websites are hosted outside the country. We need a roadmap to deal with the matter.

The Taoiseach

This issue is clearly of great concern to many people, arising from recent tragic events. The heads of this Bill have been cleared, but it is exceptionally complex. Work on it is ongoing but I cannot give the Deputy a date when it will be published. Events are taking their tragic toll, however. I would urge the many young people who may be contacted in this way not to be afraid to talk to those responsible in authority to follow through on these things in order that tragedies can be prevented. As soon as the complexities are ironed out, the Bill can be dealt with.

Deputy Michael Healy-Rae

I refer to the Construction Contracts Bill, which was initiated in the Seanad by Senator Feargal Quinn. The Taoiseach will be aware that, last week, the N86 road in County Kerry had to be closed by subcontractors who had an issue with regard to payment.

An Ceann Comhairle

Deputy, what happened to the Bill?

Deputy Michael Healy-Rae

This highlighted the need for the urgent introduction of this Bill and for the measures to be put in place to ensure that subcontractors will be paid by main contractors who get substantial State contracts.

Second, I believe the Taoiseach should name the one reactor-----

An Ceann Comhairle

Not on the Order of Business anyway.

The Taoiseach

Who?

An Ceann Comhairle

The Deputy should have a chat with him afterwards but not on the Order of Business.

Deputy Michael Healy-Rae

The Member to whom the Taoiseach alluded earlier. He stated there was one Member in the Chamber in whom he was disappointed.

The Taoiseach

The Deputy is a true Kerry forward in the way he could slip through the defence. The aforementioned Bill is on Committee Stage in this House. Obviously, the Minister of State, Deputy Brian Hayes, will pilot it through. I think the one speaks for itself.

Deputy Bernard J. Durkan

On promised legislation, the Taoiseach should indicate the progress to date in bringing the bail Bill before the House. It has been mooted for quite a long time, as has the criminal (law human trafficking) (amendment) Bill and the criminal law (sexual offences) Bill. Where have they been scheduled? Have they been rescheduled or have the heads been cleared?

An Ceann Comhairle

The Taoiseach, on three items of legislation.

The Taoiseach

The Bill in respect of human trafficking is scheduled for next year, as is the criminal law (sexual offences) Bill. I apologise but I do not have a date to hand in respect of the bail Bill but I will follow it up for the Deputy.

Deputy Bernard J. Durkan

I thank the Taoiseach.

Deputy Richard Boyd Barrett

I refer to the new requirements for teachers working in VECs to be members of the Teaching Council. While this is proper regulation that has been introduced, it has meant that some teachers working in VECs for many years but who did not have degrees-----

An Ceann Comhairle

Not on the Order of Business.

Deputy Richard Boyd Barrett

-----now are faced with the loss of their jobs because they cannot join the Teaching Council, which will not accept them as members.

An Ceann Comhairle

Is legislation involved here, Deputy?

Deputy Richard Boyd Barrett

Is the Government considering legislation to deal with this anomaly-----

An Ceann Comhairle

Is there promised legislation?

Deputy Richard Boyd Barrett

-----who worked for years in VECs and now face job losses because-----

An Ceann Comhairle

The Deputy should table a parliamentary question.

Deputy Richard Boyd Barrett

I did so but I cannot get an answer. Moreover, I have tabled it 16 times as a Topical Issue and I cannot get it on the agenda.

An Ceann Comhairle

The Deputy did not put it in 16 times. Hold on a second.

Deputy Richard Boyd Barrett

I did actually.

The Taoiseach

The Minister for Education and Skills is in Brussels today. I will ensure he is contacted on his return and he will send-----

An Ceann Comhairle

It is a parliamentary question.

The Taoiseach

-----Deputy Boyd Barrett a reply for his very own self.

The Taoiseach

I thank the Taoiseach.

Deputy Brendan Ryan

Following the report by the pyrite panel and the extensive debate held in this House on the subject three weeks ago, have proposals yet come before the Cabinet on how to deal with this important and urgent matter?

An Ceann Comhairle

Is there promised legislation in this regard?

The Taoiseach

The Minister for the Environment, Community and Local Government is working on this matter. I assure the Deputy that some progress has been made and hopefully, when the matter is finalised, he will report to the House on it.

Deputy Robert Troy

Two weeks ago, in light of the huge uncertainty among residents in the midlands region regarding the impending industrial wind farms in a residential area, I asked whether the Taoiseach could confirm whether the wind farm legislation initiated in the Seanad will come before the Dáil. What level of consultation has the Minister, Deputy Rabbitte, held with his counterpart in the United Kingdom? Has the Minister met the commercial companies in this regard? Earlier, my colleague, Deputy Ó Fearghaíl asked about the climate change Bill and the Taoiseach indicated it would come before the Dáil in March 2013. Will this issue be dealt with by way of the climate change Bill? Will the issue be dealt with under the auspices of the structural roadmap the Taoiseach has asked each Department to submit to him? How does he propose to deal with this issue to alleviate the fears of the people living in the midlands.

An Ceann Comhairle

We cannot discuss the content of legislation.

The Taoiseach

The Bill to which the Deputy referred in respect of wind farms was a Private Members' Bill. What I stated regarding the climate change Bill was that the legislation is due before the end of next year but that each Department has been required to send in sectoral roadmaps by March of next year as to how they intend to deal with their contribution towards meeting the targets for 2020, which have been negotiated, signed off on and agreed by Ireland and other countries.