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Dáil Éireann díospóireacht -
Wednesday, 13 Feb 2013

Vol. 792 No. 2

Order of Business

It is proposed to take No. 26, statements on European Council, Brussels; and No. 11a, motion re promissory notes arrangements (resumed). 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 10.30 p.m; the proceedings in relation to No. 26 shall, if not previously concluded, be brought to a conclusion after 85 minutes and the following arrangements shall apply: the 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 and who may share their time, and shall not exceed 15 minutes in each case; a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; 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. 93, notion re Magdalen laundries, resumed, to conclude at 9 p.m. tonight if not previously concluded.

Is the proposal that the Dáil shall sit later than 9 p.m. tonight agreed? Agreed. Is the proposal for dealing with No. 26 agreed? Agreed.

In this evening's Evening Herald, there is an exclusive front-page article on the report into the death of Savita Halappanavar. The report has been leaked to the newspaper.

What legislation is the Deputy talking about?

In respect of making time available in the House, will the Government publish the report immediately and facilitate opportunities for Deputies to speak on the report given the debate we have had so far on this very sensitive issue? I think the Taoiseach would agree that it is very unsatisfactory that it has been leaked in this manner, particularly when the Dáil has not had an opportunity to see it. I would appreciate if the Taoiseach could commit to publishing that report and providing an opportunity.

There is no intention in the section in the finance Bill dealing with amendments to the family home property tax to ease the burden for those in mortgage distress and arrears. We discussed this earlier. It is a significant crisis and many people will amazed at that. Can the Taoiseach outline the legislative schedule for the finance Bill and give a commitment to the House that there will be no guillotining of the debate on the Bill as there was before Christmas in respect of the property tax when we got less than two days and no chance to table amendments or discuss anything to do with it? Will he state that there will be no such guillotine in place in respect of the finance Bill and that we will have an opportunity to put down amendments to exempt those in mortgage distress and arrears from having to pay the property tax? If one cannot pay one's mortgage and if one is between 90 days and two years in arrears, how in the name of God can one be expected to pay the property tax on top of that?

We cannot have a debate.

I did not realise that Deputy Martin had turned into St. Augustine as the Deputy signed on for this as part of the memorandum of understanding. He wants it but not just yet. Second Stage of the finance Bill will be held next week. The schedule will be available today at 1.30 p.m. when the Bill becomes available to Deputies.

And no guillotine.

Obviously, that is a matter for the Whips as long as people wish to discuss this issue.

The Government decides the guillotine.

No, I do not want any restriction on it.

Could we avoid across the floor discussion?

We will have a full-scale debate next week on the Magdalen laundries, as I committed to when the report was published. I do not have any intention of guillotining the finance Bill. It is an important Bill and everybody should be allowed to have their say. I am sure we can make arrangements for that.

In respect of the report referred to by Deputy Martin appearing in an evening newspaper published today, I checked with the Minister for Finance this morning. That report has not been finalised and has not been received by the Minister. The Deputy is aware that following the unfortunate and tragic death of Savita Halappanavar that there are three investigations ongoing by the HSE, HIQA and the coroner's report. I would have expected, as normal courtesy should apply, that the husband of the late woman should be the first person briefed about what is happening. I will not make any comment about newspaper reports because this report is not concluded or finalised and has not been received by the Minister. I would expect that when it is, the first person to be briefed about it should be her husband.

Tá dhá cheist agam ar an Taoiseach faoi reachtaíocht atá forógraithe. Given the leak of the report - we must wait and see whether it is a real report or not - and the fact that the Halappanavar family will be put through another trauma, could the Taoiseach tell us when legislation for the X case will be brought forward by the Government given that on two occasions, it voted against a motion from Sinn Féin and legislation from Deputy Clare Daly?

We are advised that there will be some changes in family home tax introduced by the Government in the budget in the finance Bill. The Taoiseach will recall that in the programme for Government, the Government promised to take into account the situation of those in negative equity in any property tax proposal it brought forward. Yet the proposal now being put forward takes no account of mortgage distress or negative equity. Would the Taoiseach not use this opportunity given all the billions he says he gained last week to withdraw the proposal on a tax on the family home?

When I replied to Deputy Martin, I referred to the Minister for Finance when it is, of course, the Minister for Health who has not received the report. We set out a very clear process before Christmas with regard to dealing with the A, B and C case and the Supreme Court decision in the X case. The Oireachtas Committee on Health and Children under the chairmanship of Deputy Buttimer held its hearings on an information basis and presented that report to the Minister for Health. I can confirm that quite a deal of work has been done in preparation of the legislative heads that will be required. When they are completed, the Minister will bring that to Government for approval. The Deputy should not ask me the exact date but it is not too far away. As I said before to Deputies, we do not want to prolong this unduly but it is important that it be treated with the focus it obviously deserves.

I am not giving a date for when the Minister will bring the heads of the Bill to Government but he has completed a deal of preparatory work in preparing them for approval.

An ceist eile.

In respect of the Deputy's question about the property tax, the big case made was for the people who had paid very high stamp duty on houses bought at the beginning of this boom. The people who have been most affected are middle-income families who bought houses as first-time buyers at the height of the boom. They did not have to pay stamp duty. The Government focused on those people by giving double mortgage interest relief for those who bought between 2004 and 2008. The Bill has been passed into law. At 1.30 p.m. today the Minister will publish the concessions which are being made available. As I informed Deputy Martin, the schedule will be laid out today.

Along with many others I have raised the fact that the exemptions proposed-----

We are not having a debate now, Deputy.

-----in the finance Bill are inadequate and they do not deal with the distress-----

We are not going there, Deputy. What Bill are we referring to?

We have been told about the finance Bill.

Perhaps the Ceann Comhairle will allow me to finish because he has allowed everyone else go on.

I have not, actually.

If those in the Opposition are going to propose amendments allowing for further exemptions for those in mortgage distress, those who are unemployed and other groups whom we believe cannot afford to pay, will the Taoiseach give a commitment that those amendments will not be ruled out of order and that we will be allowed to put forward those amendments?

That is not a matter for the Taoiseach. The ruling on amendments is not a matter for the Taoiseach.

I cannot give the Deputy any such guarantee. That is a matter for the House.

It is a matter for the House in accordance with Standing Orders. That is the way we deal with the disallowing of amendments and questions.

I hope the Taoiseach is aware of the crisis in housing needs in this country with 100,000 people on the waiting list. There has been an increase of 5% in rents in Dublin yet people on rent allowance are being crippled-----

Where is the Deputy going with this matter?

I ask if a new social welfare (amendment) Bill will be published which takes account of the fact that rents are increasing while people are becoming homeless and children having to-----

The Deputy should table a parliamentary question on the matter.

It is because of the disastrous policy by the Government.

Please resume your seat, Deputy. Is legislation promised in this area?

The social welfare Bill will be published next session. A housing Bill is promised for later in the year.

The programme for Government committed to dealing with the legacy of upward-only rents. Yesterday, 300 jobs were lost in HMV and another 600 jobs under threat in B&Q. These numbers are in addition to job losses in other organisations such as Black Tie, La Senza, Game, Pamela Scott, Atlantic Homecare and numerous other smaller Irish businesses-----

What legislation is being referred to?

A total of 50,000 jobs have been lost in this sector in the past four years. Last week the Government published the Irish Bank Resolution Corporation Bill which recognises in its preamble that the common good may require permanent or temporary interference with the rights, including property rights, of persons. When will the Government bring legislation to deal with this serious disaster in the retail sector? If legislation cannot be brought forward under the current constitutional arrangements, when will the Taoiseach bring forward a constitutional amendment to deal with this issue?

The Deputy should table a parliamentary question as there is no promised legislation in this area.

It was promised in the programme for Government.

The Government was unable to proceed with this matter because of its constitutional difficulties. It is unfortunate for all those workers mentioned by the Deputy. A total of 250,000 jobs were lost in the private sector for three years prior to this. A total of 12,000 jobs were created last year. I feel for those workers. I have spoken to company representatives and in many cases - in particular with regard to smaller companies - landlords are prepared to reduce rents rather than lose a tenant. It is more difficult for larger companies. Not all of these job losses are exclusively due to upward-only rent agreements.

I have a long list of Members who wish to speak. I do not want an abuse of the opportunity to ask about promised legislation. No more speeches, please. I want Members to ask about promised legislation only and to be fair to the other Members. Otherwise, we will run out of time.

I will do my best to stay within guidelines. I refer to the recent McAleese report on the Magdalen laundries which apart from the trauma of the evidence, was value for money at €11,400. When will a review be undertaken of the Tribunals of Inquiry Act 2006 and the disbandment of tribunals? We need to learn from our very costly mistakes.

I have a question about the Animal Health and Welfare Bill. There is a new disease in sheep, the name of which I can hardly pronounce - Schmallenberg. It might sound funny but it is a very serious disease.

The Deputy does not need to try to pronounce it.

Perhaps the Government could look at it and pronounce it. This is a very bad year for sheep after such a wet year with fluke. This is a chronic disease.

Please, Deputy. What legislation are you talking about?

The Animal Health and Welfare Bill 2012. Where is that with regard to this item?

That Bill is on Report Stage. It was supposed to be taken this week but this has not been possible.

If it is on Report Stage, it is not promised legislation.

I am not familiar with the disease mentioned by the Deputy but the Minister is well aware of it.

It is Schmallenberg.

The report on the tribunals has been around since 2005. It is not possible to end tribunals just like that. Many of us would wish for the same value as given by the McAleese inquiry and report-----

I ask about the forestry Bill. I refer to an excellent document on the proposed sale of assets of Coillte which rightly and strongly condemns any suggestion that the assets should be sold. I plead with the Taoiseach not to sell the estates of timber or land.

The Deputy can do so when the Bill is introduced.

On a separate matter, another leading national retailer has had to close down citing high rents as a major contributory factor-----

Please do not go there again, Deputy.

I refer to the Government's pre-budget promise.

When is the forestry Bill due?

I am asking about the environmental (miscellaneous provisions) Bill.

That deals with high rents?

The Government parties promised before the election that they would address the issue of upward-only rents but what did they do?

We have dealt with that issue. We have been told about it.

The Government did not deal with it.

Deputy, please recognise your colleagues who are trying to contribute.

The forestry Bill is expected very shortly. It will deal with the sale of the timber and not the land.

One cannot get the wood for the trees.

The environmental (miscellaneous provisions) Bill is expected later this year.

In light of the problems with the administration of student grants this year through SUSI, when is the new grant scheme for the upcoming academic year to be laid before the Houses? I refer to the speculation that the Government plans to introduce a capital assets test as part of that grant scheme. Will legislative change be required if this is proceeded with?

I reported yesterday on the up-to-date situation with regard to the SUSI agency and the allocation of student grants. There are almost 6,000 cases where information required has not been submitted over the past six weeks. A total of 88% of applications have been processed and paid. The faults in the system have been identified. I hope it does not happen next year. The Minister for Education and Skills has not as yet brought any proposals to Cabinet for changes in the student grant scheme.

I ask Members to try to remain within the Standing Orders, please.

On promised legislation and to follow up on Deputy Martin's question this morning, on behalf of hundreds of thousands of people throughout the country, when will the Personal Insolvency Bill be commenced? When will people be able to avail of the procedures? From the Taoiseach's replies this morning it seems he has not grasped the fact that more and more people are falling into arrears.

We will check that out for the Deputy. Please resume your seat.

It was 90,000 three months ago and now it is 100,000. When will the legislation be in operation?

The legislation has been enacted. The director is in position and recruitment of personnel is under way to staff the insolvency agency. I cannot give the Deputy an exact date. I expect it will be in early summer. I will come back to the Deputy with a more accurate date when the director has completed his recruitment process.

Given the recent Irish weather, when is summer?

I think the late Jim Tully answered that question.

I do not think there is promised legislation in that area.

This is like that Fianna Fáil leadership thing about when is the close of business.

Will amendments be tabled in respect of the Planning and Development Act, particularly in view of the fact that the Government does not consider it worthwhile or necessary to instruct Wicklow County Council-----

We cannot deal with proposed amendments, only proposed or promised legislation.

-----to withdraw from its pursuit of homeowners in respect of development charges?

This matter is before the courts. If the Deputy submits a request to raise it as a Topical Issue, the Minister for the Environment, Community and Local Government will deal with it.

I did so yesterday.

When is it expected that the education (admission to school) Bill, the aim of which is to ensure the contents and process for enrolling by schools is more open, equitable and consistent, will be published? The Minister for Education and Skills recently encouraged parents, students and staff at Educate Together schools, including those in my area, to complete a questionnaire. Will a report issue in this regard or will the Minister come before the House to discuss the matter?

The issue of the questionnaire is a separate matter. The Deputy should table a parliamentary question in respect of it.

The two are intertwined.

The Taoiseach can only deal with promised legislation.

The education (admission to school) Bill is being drafted and will be published later in the year. I will ask the Minister to contact the Deputy in respect of the second matter to which he refers.

Last week the Government agreed to pay every last cent of the private debts of bankers and bondholders. Those debts amount to many billions of euro. At the same time, the Minister for Social Protection so-called, Deputy Burton, issued an instruction that needy families-----

To what legislation is the Deputy referring?

There is legislation in this area and if the Ceann Comhairle allows me to continue, I will refer to it. The Minister for Social Protection so-called, Deputy Burton, issued an instruction to local community welfare officers to stop-----

I will not ask the Deputy again. Will he please put his question about legislation to the Taoiseach?

I am doing so.

We do not want speeches. Other Deputies are waiting.

The Minister issued an instruction to the effect that the payment of grants to needy families in respect of children making their Holy Community or confirmation should be stopped.

The Deputy is not listening. Will he please resume his seat or indicate the legislation that is involved?

Legislation is not required to overturn the decision to which I refer. It can be reversed-----

Will the Deputy please resume his seat?

If legislation is required, then the social welfare and pensions Bill should suffice. The Taoiseach should say that he is going to instruct the Minister to reverse-----

The Taoiseach will not say anything. The Deputy is out of order and I will not ask him to sit down a third time.

-----this absolutely disgraceful decision which relates to needy people who have nothing left when they have paid their bills.

The social welfare and pensions Bill is due later this year.

I ask Members to refrain from making any further speeches. They should recognise the authority of the Chair.

I am not going to make a speech-----

I was not referring just to the Deputy.

-----but I have been obliged to listen to a lot of them.

I wish to inquire about two important items of legislation. The first is the sport Ireland Bill, which is to provide for the establishment of sport Ireland, a new organisation to replace the Irish Sports Council and the National Sports Campus Development Authority. Have the heads of this Bill been discussed by Cabinet, when is the legislation likely to be published and when will it be brought before the House? Will the Taoiseach also indicate when the inspection of places of detention Bill, which relates to prison visiting committees, will be published?

I do not have a date for the publication of the inspection of places of detention Bill. The heads of the sport Ireland Bill are being finalised and final version of the legislation should come before the Government in the near future. I cannot, however, provide an exact date in that regard.

In recent weeks we have witnessed the debacle relating to horsemeat being found in products emanating from the Irish food processing sector. Does the Government intend to introduce legislation relating to traceability and country-of-origin labelling in order to ensure there will not be a recurrence of the problem which has emerged in this regard?

This has become a pan-European problem. The matter was first brought to light by the quality and extent of tests carried out in Ireland. People had assumed that this was just an Irish issue but that is not the case. It is, in fact, a very complex matter. That is why the Minister for Agriculture, Food and the Marine has, under our Presidency of the EU, convened a meeting of the Ministers of all the countries involved in Brussels today. As Deputy Martin Ferris is well aware, we cannot afford to have any cowboys operating in this industry. We must ensure that the necessary practices are tightened up and that relevant regulations will be put in place in order to ensure that the food produced is consumer-safe in nature and that the very highest standards of professionalism and competency are met. In light of the number of countries now involved, I understand that this is an extremely complex matter. We will continue to work hard in respect of this matter and if legislation needs to be introduced, then it will be brought forward.

I realise the Government has a huge legislative programme but I urge the Taoiseach to prioritise, to the greatest extent possible, the noise nuisance Bill, particularly in light of the serious degree of anti-social behaviour which some communities continue to suffer.

I do not have a date for publication of that Bill. The Deputy has raised this matter on a few occasions and I understand the difficulties involved. I will get back to him in respect of the legislation.

Before asking the Taoiseach about the universities (amendment) Bill, I take this opportunity formally to congratulate him, on behalf of the people of Kerry, on the work he did for our country in Europe last week. What he did last week represents a fantastic achievement. I would like that fact to be recorded.

It will not be recorded because it is not relevant to the Order of Business. Will the Deputy indicate to which legislation he wishes to refer?

In the context of the universities (amendment) Bill, there is a great deal of concern regarding the level of remuneration in the universities sector. When will the legislation be brought before the House?

The heads of the universities (amendment) Bill were cleared last October. It will be mid-year before the legislation is published.

As the Taoiseach is aware, a referendum will be required in respect of regulations at European level relating to patent protection. When that referendum takes place, will the Government, as promised in its programme, also hold a referendum on upward-only rents?

I ask the Taoiseach not to revisit the issue of upward-only rents.

It is a very fair question.

We have been through the matter many times already this morning. The question has been answered.

The Government agreed to sign off on the matter relating to patents yesterday. We will consider when to hold a referendum but I hope it will occur in October.

What about upward-only rent reviews?

There will not be a referendum on upward-only rent reviews.

I thought we were going to get an announcement from the Taoiseach.

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