Dáil Éireann díospóireacht -
Wednesday, 20 Mar 2013

Vol. 797 No. 1

Order of Business

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

It is proposed to take No.10, motion re proposed approval by Dáil Éireann of An Bord Bia Act 1994 (Levy on Slaughtered or Exported Livestock) Order 2013; and No. 3, Health (Alteration of Criteria for Eligibility) Bill 2013 - Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that No. 10 shall be decided without debate and that Private Members’ business, which shall be No. 98, motion re disability supports, shall also take place immediately after the Order of Business tomorrow and shall, if not previously concluded, be brought to a conclusion after 90 minutes on that day.

An Ceann Comhairle

There are two proposals to put to the House. Is the proposal that No. 10 shall be decided without debate agreed? Agreed. Is the proposal for dealing with Private Member's business agreed? Agreed.

Deputy Michael McGrath

I wish to raise a number of items of legislation with the Minister. The first is the social welfare and pensions Bill, which among other measures will propose changes to the distribution of assets on the winding up of defined benefit pension schemes, which is an issue of growing concern. I ask the Minister to indicate when he expects that Bill to be taken in this House. Second, when does the Minister expect the national economic and social development office (amendment) Bill to be brought forward?

Deputy Simon Coveney

The national economic and social development office (amendment) Bill can be expected later this year. We expect the heads of the social welfare and pensions Bill to be published in April.

Deputy Pearse Doherty

I wish to ask about legislation that may emanate from the publication last week of the Mercer report. We have the revelation that Mr. Richie Boucher is on a salary of €843,000 and I wish to point out to the Minister that four years ago, his party had a right go at the former Minister for Finance, the late Mr. Brian Lenihan. Indeed, Deputy Richard Bruton-----

An Ceann Comhairle

The Deputy is supposed to be asking about promised legislation. We are not going to go back over the issue of Mr. Boucher again.

Deputy Pearse Doherty

Deputy Bruton accused the then Minister for Finance of "bottling it" when he said that a cap of €500,000 on bankers' pay was adequate. Fine Gael, Sinn Féin and others all voted to reduce bankers' pay. The only people who did not vote to reduce it were Members of the Fianna Fáil Party. The Government has no problem with threatening public sector workers with legislation to reduce their pay, effectively tearing up the contracts of employment for front line workers, including gardaí, nurses-----

An Ceann Comhairle

What specific legislation is the Deputy speaking about?

Deputy Pearse Doherty

When will we see legislation to reduce bankers' pay or is the Government bottling it, just as it accused the previous Government?

An Ceann Comhairle

Is there promised legislation in this area?

Deputy Simon Coveney

No. That is my understanding.

Deputy Pádraig Mac Lochlainn

Does that answer apply to both parts of the question?

Deputy Pearse Doherty

This Government is bottling it, just like the previous Government.

Deputy Simon Coveney

Deputy Doherty should stop grandstanding.

An Ceann Comhairle

Deputies, please. We can not have conversations across the Chamber.

Deputy Ciarán Lynch

The legislation being referred to by the Deputy is the Credit Institutions Stabilisation Act 2012. When that Act was passed, it put in place public interest directors in each of the banks that were recapitalised. I suspect that Deputy Doherty was not aware that this legislation actually deals with the matter.

Deputy Seán Ó Fearghaíl

We are lucky to have Deputy Lynch here to explain matters.

Deputy Ciarán Lynch

One of the public interest directors who was appointed to the banks actually-----

Deputy Pádraig Mac Lochlainn

I cannot believe the Deputy is referring to the public interest directors. That has nothing to do with this. That is a separate issue but a nice try.

Deputy Ciarán Lynch

-----sits on the remuneration committee of Bank of Ireland and was the director who actually-----

An Ceann Comhairle

That is a separate issue. We cannot deal with this on the Order of Business.

Deputy Timmy Dooley

Perhaps the Deputy could also raise the separate issue of upward only rent reviews, which he championed in opposition.

Deputy Ciarán Lynch

-----passed the pay increase for Mr. Boucher. The question I put to the Minister is whether it is time for the Government to consider amending the Credit Institutions Stabilisation Act-----

An Ceann Comhairle

That is a matter for another day.

Deputy Ciarán Lynch

-----to ensure that when the public interest directors are making such decisions, they get sanction from Government.

An Ceann Comhairle

That is not related to promised legislation, Deputy Lynch. Deputy Boyd Barrett please. I remind Deputies that we are dealing with promised legislation.

Deputy Ciarán Lynch

I have put my question very simply and would like an answer.

An Ceann Comhairle

We are supposed to be dealing with promised legislation. We cannot have debates on whether Acts will be amended. If a Bill is on the list, we talk about it.

Deputy Ciarán Lynch

With respect, a Cheann Comhairle-----

Deputy Timmy Dooley

The Deputy should raise it at his parliamentary party meeting.

An Ceann Comhairle

I am abiding by the Standing Orders of the House. Deputy Lynch is the Chairman of an Oireachtas committee and he knows all about Standing Orders. I ask the Deputy to resume his seat.

(Interruptions).

Deputy Ciarán Lynch

This has nothing to do with Standing Orders. I am simply asking the Minister, with regard to the Credit Institutions Stabilisation Act 2012, which put in place public interest directors-----

An Ceann Comhairle

I know all of that.

Deputy Ciarán Lynch

Is the Government giving consideration to amending this legislation?

An Ceann Comhairle

We do not ask about things that are under consideration. We ask about promised legislation.

Deputy Ciarán Lynch

Yes, but two minutes ago, during Leaders' Questions-----

An Ceann Comhairle

That is a different issue.

Deputy Ciarán Lynch

Fair is fair.

(Interruptions).

An Ceann Comhairle

That is a different issue.

Deputy Ciarán Lynch

I ask Deputies to be quiet and listen. They might learn something.

An Ceann Comhairle

This is the Order of Business.

Deputy Ciarán Lynch

I ask the Ceann Comhairle to hear me out and give me a bit of latitude.

Deputy Timmy Dooley

Is Deputy Lynch going to deal with upward only rent reviews too?

Deputy Ciarán Lynch

Under Leaders' Questions a few moments ago, the Minister, Deputy Coveney, said an examination is taking place within the banks with regard to payments. If the banks do not take the issue of payments in hand, the Government will examine the matter further. I would imagine, if the Government is doing that, it will look to the aforementioned Act and-----

An Ceann Comhairle

No, Deputy.

Deputy Ciarán Lynch

-----the role of the public interest directors.

An Ceann Comhairle

I will reply if the Deputy resumes his seat. We are on the Order of Business, which deals with promised legislation, that is, legislation that has been promised by the Government. Deputies can ask about when such legislation is likely to be introduced. Standing up and asking if the Government proposes to amend legislation that is not on the list is not in order under the Order of Business. I suggest the Deputy tables a parliamentary question and if he gets a reply to the effect that the Government is proposing to introduce new legislation, then he will be entirely in order on the Order of Business to raise it. Does Deputy Lynch understand that?

(Interruptions).

An Ceann Comhairle

This is getting out of hand. I ask Deputy Lynch to resume his seat. I am quite clear about this and it applies to everybody in the Chamber. I have made a ruling and am moving on to Deputy Kelleher.

Deputy Richard Boyd Barrett

I was next.

An Ceann Comhairle

I am sorry, Deputy Boyd Barrett.

Deputy Richard Boyd Barrett

As we know, the protests of the Cypriot people have led to their Government rejecting the troika plan to raid their savings.

An Ceann Comhairle

We know all that, Deputy. What legislation does the Deputy wish to ask about? We are not having another speech.

Deputy Richard Boyd Barrett

This arises under the Order of Business.

An Ceann Comhairle

Under what heading?

Deputy Richard Boyd Barrett

If events, such as those mentioned this morning-----

An Ceann Comhairle

Deputy Boyd Barrett, please resume your seat and do not try to cod me. Sit down please.

Deputy Richard Boyd Barrett

I wish to ask about the possibility-----

An Ceann Comhairle

Please resume your seat.

Deputy Richard Boyd Barrett

-----that Cyprus might pull out-----

An Ceann Comhairle

I ask that the Deputy's microphone be switched off. Resume your seat, Deputy.

Deputy Richard Boyd Barrett

I am asking-----

An Ceann Comhairle

I am not dealing with the Cypriot matter now. We have already dealt with it and it has nothing to do with promised legislation.

Deputy Richard Boyd Barrett

Is the Government going to allow time for a discussion-----

An Ceann Comhairle

Not on the Order of Business.

Deputy Richard Boyd Barrett

-----of this major issue in the next few days?

An Ceann Comhairle

The Deputy should have asked Deputy Halligan to raise the matter on his behalf during Leaders' Questions.

Deputy Simon Coveney

The matter could be raised through the Whips.

Deputy Billy Kelleher

I do not wish to be out of order but-----

An Ceann Comhairle

I hope not. I am getting a bit tired of it.

Deputy Billy Kelleher

I accept that. In the context of Dáil reform, today there were 85 questions-----

An Ceann Comhairle

Dáil reform does not come into it. The Deputy should refer to his Whip.

Deputy Simon Harris

The Deputy should do better than that. What does it have to do with legislation?

Deputy Patrick O'Donovan

The Deputy was going great. Has he something else to speak about?

Deputy Billy Kelleher

I need clarity on the issue. There was a shameful exercise today in the Dáil.

An Ceann Comhairle

I heard the Deputy on the monitor and the Dáil had to be suspended as a result of his behaviour.

Deputy Billy Kelleher

No, it was a result of the Government's behaviour.

An Ceann Comhairle

Resume your seat.

Deputy Billy Kelleher

I just want clarity.

Deputy Patrick O'Donovan

The Deputy's party never did anything like it.

An Ceann Comhairle

You did not listen to the Leas-Cheann Comhairle. Resume your seat.

Deputy Billy Kelleher

I want to know, in the context of promised legislation-----

An Ceann Comhairle

No. What promised legislation?

Deputy Billy Kelleher

-----and Dáil reform-----

An Ceann Comhairle

It has nothing to do with Dáil reform. I call Deputy Ó Snodaigh.

Deputy Billy Kelleher

Dáil reform requires legislation-----

An Ceann Comhairle

Resume your seat.

Deputy Billy Kelleher

-----and it must address the number of questions being tabled by the Fine Gael press office.

An Ceann Comhairle

I call Deputy Ó Snodaigh.

Deputy Billy Kelleher

Everybody knows it was shameful. There were 85 questions written-----

Deputy Simon Harris

He is critical because we are working too hard.

Deputy Patrick O'Donovan

The Deputy was well able to ask questions about County Leitrim.

Deputy Billy Kelleher

-----by the Fine Gael press office.

An Ceann Comhairle

Deputies on the Government side should stay quiet.

Deputy Simon Harris

Sorry.

An Ceann Comhairle

Deputy Ó Snodaigh, I ask that at least one Deputy be in order.

Deputy Aengus Ó Snodaigh

I will try to be, although sometimes it is difficult.

An Ceann Comhairle

Thank you. It would be a breath of fresh air to hear somebody ask about promised legislation.

Deputy Timmy Dooley

We have reached a new point.

Deputy Aengus Ó Snodaigh

I cannot live up to that.

Deputy Patrick O'Donovan

It is a new one.

Deputy Aengus Ó Snodaigh

Promises were made before the last election and in the programme for Government to address an area requiring legislation that would protect jobs. Accessorize and Monsoon will close ten of 18 stores-----

An Ceann Comhairle

Deputy-----

Deputy Aengus Ó Snodaigh

There is a reason behind this.

An Ceann Comhairle

That may be so but to what legislation is the Deputy speaking?

Deputy Aengus Ó Snodaigh

There are 269 jobs at risk.

An Ceann Comhairle

The Deputy should resume his seat.

Deputy Aengus Ó Snodaigh

I will refer to two pieces of legislation.

An Ceann Comhairle

Please switch off the Deputy's microphone.

Deputy Aengus Ó Snodaigh

I will outline the two pieces of legislation, if the Ceann Comhairle bears with me.

Deputy Michael McGrath

Just one question, a Cheann Comhairle.

An Ceann Comhairle

I allowed the Deputy to raise a Topical Issue matter today and he could have used the time to raise this matter. He is not having two bites of the cherry.

Deputy Aengus Ó Snodaigh

This is not a case of having two bites of the cherry. The landlord and tenant Bill is one promised piece of legislation, with the other being the land conveyancing Bill.

An Ceann Comhairle

When will we have the landlord and tenant Bill?

Deputy Aengus Ó Snodaigh

Does the Government intend to have a referendum to deal with upward only rent reviews? We will have referendums in the autumn, which would be an ideal time to have a referendum to deal with the issue. The advice of the Attorney General to the Government has not been published so nobody can understand why the Government-----

An Ceann Comhairle

Resume your seat. When will the Bill be before the House?

Deputy Aengus Ó Snodaigh

-----does not want to comply with the programme for Government.

Deputy Simon Coveney

The landlord and tenant Bill will be published before the end of the year. The land and conveyancing Bill was approved last week.

Deputy Joan Collins

Last week, I asked the Taoiseach if the Minister for Health had received the report on the death of Ms Savita Halappanavar and it was indicated that he had not. Why is that so? The draft report was initially leaked-----

An Ceann Comhairle

What is the question?

Deputy Joan Collins

------and we were told we would have it in two weeks. Why have we not received it?

An Ceann Comhairle

We do not deal with "why" on the Order of Business. Is there any information on the publication of the report?

Deputy Simon Coveney

My understanding is that the Minister concerned does not yet have the report. When he does, he will give a copy to the family first before bringing it to the Cabinet. He does not have a finalised copy of the report.

Deputy Joan Collins

It is eight weeks on.

Deputy Michael Healy-Rae

The Ceann Comhairle will be delighted to know that I will be in order.

An Ceann Comhairle

Thanks be to God.

Deputy Michael Healy-Rae

It is very disappointing to see members of the Garda Representative Association, which represents rank and file gardaí throughout the country, protesting outside the Dáil today.

An Ceann Comhairle

What piece of legislation is the Deputy speaking about?

Deputy Michael Healy-Rae

The question relates to the Croke Park II agreement or promised legislation that the Government is threatening to introduce if there is no agreement. I want confirmation-----

Deputy Simon Harris

About a threat, apparently.

Deputy Michael McGrath

There is promised legislation.

An Ceann Comhairle

The Deputy will get no confirmation if there is no promised legislation.

Deputy Michael Healy-Rae

It is promised.

Deputy Timmy Dooley

It is threatened.

An Ceann Comhairle

What is it?

Deputy Michael Healy-Rae

The Government has indicated it will introduce legislation.

Deputy Michael McGrath

There is no name on it yet, but it is promised.

Deputy Billy Kelleher

It is the "intimidation of public sector workers Bill".

An Ceann Comhairle

I do not need any help from Deputy Kelleher.

Deputy Patrick O'Donovan

The Deputy's party never did anything like that.

An Ceann Comhairle

Deputy Kelleher is taking on a major role as rabble rouser in this Dáil.

Deputy Michael Healy-Rae

The Government has said that if there is no agreement, it will legislate.

An Ceann Comhairle

Is there promised legislation?

Deputy Michael Healy-Rae

It is disappointing to see gardaí having to protest outside Leinster House.

Deputy Patrick O'Donovan

They could be brought in with a family pass.

Deputy Simon Coveney

If legislation is required following the-----

Deputy Niall Collins

Failure.

Deputy Aengus Ó Snodaigh

Rejection.

Deputy Simon Coveney

-----introduction of the Croke Park II agreement, we will update the House when it happens.

Deputy Michael McGrath

It will be required either way.

Deputy Bernard J. Durkan

I have a question on legislation to prevent repeat offending in the criminal world. The bail Bill has been on the books for a long time and was promised during the time of the previous Government. When is it likely to come before the House and have the heads been fully approved and discussed by the Cabinet? A housing crisis exists in the country so will it be possible to indicate when the housing Bill will come before the House?

Deputy Simon Coveney

As a result of the size of the housing legislation, it will be split into three Bills. The first will be introduced in the next session and we hope the other two will come before the end of the year. There is no date for the bail Bill as the heads of the legislation have not yet come to the Cabinet.

Deputy Timmy Dooley

The Minister is aware of the concerns of many citizens living in newly built estates that have yet to be taken in charge by local authorities. Some of these estates require a relatively small amount of work to be completed to allow them to be taken in charge by the authorities. There seems to be a log-jam at local authority level-----

An Ceann Comhairle

About what?

Deputy Timmy Dooley

This concerns the taking in charge of these estates.

An Ceann Comhairle

What legislation are we talking about?

Deputy Timmy Dooley

It is the housing Bill. When is it intended to bring that forward as many people are affected by lights and sewerage services being turned off?

Deputy Emmet Stagg

There is no need for extra legislation in that respect.

An Ceann Comhairle

Many of these questions can be dealt with by way of a parliamentary question. This is the Order of Business.

Deputy Timmy Dooley

With respect, they filibustered the questions process today, as Deputy Kelleher attempted to deal with.

An Ceann Comhairle

Please resume your seat.

Deputy Patrick O'Donovan

The Deputy's party never did that.

Deputy Timmy Dooley

I am trying to be helpful.

Deputy Simon Coveney

The Deputy is one to speak about filibustering. I just answered the question on the housing Bill. The answer would be the same.

An Ceann Comhairle

He probably was not listening. When is it due?

Deputy Simon Coveney

The housing legislation will be split into three parts, with the first of those to be introduced in the next session. We hope the other two Bills will be introduced before the end of the year.

Deputy Seamus Kirk

The CAP agreement was raised during the Topical Issue debate, although I was not around at the time. Will the Minister advise if there will be statements in the House?

Deputy Simon Coveney

We had a Topical Issue debate on the matter today with Deputy Ó Cuív.

Deputy Timmy Dooley

The red carpet was rolled out all day.

Deputy Simon Coveney

We began statements on the CAP last week and the debate is open-ended. That is a deliberate process, and we had approximately 90 minutes of debate before the CAP negotiations last night. I hope to continue the debate for as long as people wish, as it is a significant policy issue and the House must contribute to it.