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Dáil Éireann díospóireacht -
Wednesday, 19 Feb 2014

Vol. 831 No. 2

Order of Business

It is proposed to take No. 20, Fines (Payment and Recovery) Bill 2013 – Report and Final Stages (resumed); No. 21, Health Service Executive (Financial Matters) Bill 2013 – Second Stage (resumed), to adjourn at 5 p.m. and not to resume thereafter today; and No. 22, statements on the recent flooding (resumed). It is proposed, notwithstanding anything in Standing Orders, that No. 22 shall be taken not later than 5 p.m. today and shall, if not previously concluded, be brought to a conclusion at 7.30 p.m. tonight. Private Members’ business shall be No. 137 – motion regarding the Garda Síochána Ombudsman Commission (resumed), to conclude at 9 p.m., if not previously concluded. Tomorrow’s business after Oral Questions shall be No. 19, Protected Disclosures Bill 2013 [Seanad] – Second Stage (resumed); and No. 23, Roads Bill 2014 – Second Stage (resumed).

There is one proposal to be put to the House. Is the proposal for dealing with No. 22 agreed to? Agreed.

I am sure the Taoiseach will join me in saying that deaths following the decision of the Ukrainian Government to crush peaceful opposition protests brutally are an outrage that all democratic countries should condemn and oppose resolutely. Will the Taoiseach, and the Tánaiste and Minister for Foreign Affairs and Trade in particular, support immediately the move by a number of EU governments to prepare sanctions targeted against those responsible for rejecting negotiations and unleashing this state-led violence? Could the Taoiseach provide Government time for a debate on the Ukrainian circumstances and the range of sanctions that can be deployed, particularly given our membership of the European Union? A very strong voice should emanate from this Parliament on what is now occurring in Ukraine, including the unacceptable number of deaths and injuries being visited upon the protesters. As the Taoiseach knows, these people have long articulated their desire to have closer relationships with and be embraced by the European Union and the democratic values it espouses.

This is a very serious matter. The European Council was very favourably disposed towards doing business with Ukraine, and it has discussed this on a number of occasions. Clearly, the Ukrainian authorities made a different decision in respect of their arrangements with Russia. The people are very clear about their aspiration to have much closer contact with the European Union. It is a matter in respect of which we can all share in expressing unreserved condemnation. If it is not possible to have a full debate in the House, perhaps the Oireachtas Joint Committee on Foreign Affairs and Trade might meet to discuss the matter with the Tánaiste and decide on the best way to have an opportunity to reflect on this.

I raised with the Taoiseach yesterday the outstanding commitments made by the Government to the surviving women of the Magdalen laundries. As the Taoiseach knows, a full year has passed since the Taoiseach apologised on behalf of the State to the women, yet, since the apology only one sixth of those eligible for payment under the redress scheme have received any. Pensions, health care and other provisions recommended by the Quirke report and signed off on by the Government have yet to be delivered on. In case the Taoiseach does not already know, I contend he needs to know the failure to deliver on these commitments is causing further hurt and distress among the women. When will the restorative justice Bill be introduced? I ask the Taoiseach not to tell me that it is on the A list because that kind of response offers no clarity or comfort to the women concerned. I ask him to be more precise on the date. Could he confirm that the legislation will be comprehensive and provide for pensions and medical services, and that these services will be provided to women living outside the State in addition to those living within the jurisdiction? Will the legislation result in the implementation of all the remaining recommendations in the Quirke report?

I will not take any comment from the Deputy on what I should or should not say from this chair. Whether the Deputy likes it or not, the legislation on restorative justice is on the A list and it will be published this session.

On the Order of Business last Tuesday I raised the fact that the German constitutional court had reached a majority decision which will, in effect, paralyse the outright monetary transactions, OMT, programme-----

Rephrase that, Deputy. You tried to raise it.

Thank you, a Cheann Comhairle. I tried to raise it.

It was not in order and the Deputy knows that.

I like to try to do things. The country needs approximately €53 billion-----

I suggest the Deputy tries some other way, such as Topical Issues.

He is seeking Government time.

I ask the Taoiseach to set up a high level banking and finance working party to deal with the implications of these things. I will draw an analogy. Just because our normal choreography of business here deals with matters in specific forthcoming legislation or what is in the processing phase, if an item is obviously so important for the country and the inter-relationships which arose during Leaders' Questions - for example, the operation of the 13,000 mortgages in one bank which has been paralysed-----

The Deputy knows he cannot-----

-----while there are 100,000 in the two so-called pillar banks-----

Please, Deputy, I ask for your co-operation.

There are grandparents supporting other loans that are not yet non-performing-----

The Deputy is not in order

-----but which need support.

If the Deputy submits a Topical Issue, I will endeavour to consider it favourably.

With respect, a Cheann Comhairle, that is entering a lottery. Imagine if an aeroplane with a nuclear bomb was circulating Dublin and you said we should submit it as a Topical Issue.

(Interruptions).

The Deputies may laugh. I have obviously hit the point, which is why they are laughing.

The Deputy must respect the Chair.

It would be submitted to the justice committee.

The Deputy hit the nail with his head again.

The decision of the German court is, in effect, paralysing the OMT. I do not like to cause this turmoil, but will somebody listen?

You are causing disturbance.

Keep your hand off the time bomb, Deputy.

I ask the Deputy to please resume his seat.

I will, a Cheann Comhairle, because I respect you. However, the rest of it is a nonsense.

I call Deputy Creighton.

In light of the Government's announcement yesterday regarding a judicial inquiry into the surveillance of GSOC, will the Taoiseach commit to laying the terms of reference before the Dáil and Seanad, given that GSOC is accountable to the Oireachtas, and allow amendments to those terms of reference so we can have full confidence in that process and ensure the best possible outcome in terms of transparency, accountability and fact finding on behalf of the Irish people?

I am glad to see that Deputy Creighton has renewed her membership of the Fine Gael Party. The Minister will appear before the committee-----

I understand she has.

The Taoiseach is misinformed, not that it is at all relevant to the point I raised.

The Minister will appear before the committee today. The terms of reference will be published by then and he is happy to engage with the committee. I have already outlined to the House the general structure of the terms of reference. The Minister is concerned that there be a full and comprehensive engagement. He will appear before the committee for a long period today.

With regard to No. 98, the licensing of healthcare facilities Bill, I raised the issue of St. Brigid's Hospital with the Taoiseach yesterday. We are told that the new €3.1 million facility in Ballinasloe, when it is decommissioned as an acute psychiatric unit, will in future be used for psychiatry of later life. In light of its future use, why were the beds taken out last night?

The Deputy must table a parliamentary question to get a reply to that. The Deputy knows that.

How can we believe the HSE when it is removing the beds-----

The Deputy must resume his seat.

-----that are supposed to used for services there in the future? What is happening?

I understand they have been put back. If they were not going to be used for particular patients, the beds should not have been taken out in the first place. I also understand that a number of people are meeting the Minister of State at the Department of Health, Deputy Kathleen Lynch, about this matter tomorrow.

One of the mortgage providers has decided it is appropriate to give 100% mortgages again. In light of the fact that there is a quagmire of mortgage distress in the country at present and people are still suffering from its effects, when will the banking inquiry take place and when will the terms and conditions be discussed in the House?

The Government triggered the opportunity to hold a banking inquiry. The Standing Orders had to be changed to allow that to happen. It is now a matter for the Committee on Procedure and Privileges to accept proposals from committees to conduct such an inquiry. That work is very well advanced and it is a matter for the Committee on Procedure and Privileges to make its decision on what it considers the best thing to do in this regard. However, work is well advanced on it. We can advise Deputy Spring of the progress made.

The protection of the future of the post office network in Ireland is important not just for rural communities but also for urban communities. Will the Taoiseach ensure that the Minister for Social Protection will not close down our post office network by urging people to use the banks?

That is not in order.

I am asking the question in respect of the consumer protection and competition Bill-----

The Deputy can ask it under whatever he likes, but it is not in order. He knows that because I have to tell him every day.

It is, because of consumer protection.

It is in the programme for Government.

People deserve to have their post offices retained.

The Bill will be produced very shortly.

What is the progress with the National Treasury Management Agency (amendment) (No. 1) and (No. 2) Bills? When are they expected to be passed by both Houses of the Oireachtas? Similarly, with regard to an evergreen issue for me, the bail Bill, it might be no harm to give it a little nudge again and ask when it might finally be brought before the House.

The heads of the bail Bill are quite advanced in the Department. They will be brought to the Government and circulated to the committee, but I cannot give the Deputy a date for that. The National Treasury Management Agency (amendment) (No. 1) Bill is due for publication very shortly while the National Treasury Management Agency (amendment) (No. 2) Bill will be published later in this session.

I wish to raise two issues. The international spotlight is back on Ireland and, indeed, some notable thinkers in our community this week raised the issue of the 60,000 Irish people who went through forced adoptions and are seeking to find their original identities. This can only be described as a fundamental right. The Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, has promised for three years to introduce the adoption (tracing and information) Bill. When can we expect the Bill to come before the House?

Second, in light of the decision by the Minister of State with responsibility for planning, Deputy Jan O'Sullivan, to invoke section 31 of the Planning and Development Act and reject the proposal of the democratically elected members of Westmeath County Council in respect of wind energy policy on the grounds that it is contrary to the national guidelines, when will we find out what the national guidelines are so we can formulate a plan in that regard? There is great anxiety, worry and fear among the community in Westmeath about this issue. People are hearing one thing from the Government parties in the House and something totally different from members of the same parties on the council in Westmeath.

They are due to be produced around now. There have been some discussions in the Oireachtas committee this week, along with a number of presentations about wind energy. I will advise Deputy Troy on the current position regarding the publication of the guidelines.

I had a briefing yesterday from the Minister for Children and Youth Affairs, Deputy Fitzgerald, about the problems associated with the adoption issue. I have asked the Minister to circulate an up-to-date information note on this to all Members of the House. It is not as clear or as simple as one might think. There are complex legal and constitutional issues involved. The Minister is attempting to do the best she can on the matter.

When will we receive the report?

It will be either today or tomorrow.

There is a serious emerging situation in respect of the road transport Bill and the Irish Road Haulage Association. Could the Taoiseach intervene with the British and Northern Ireland authorities and ask them to refrain from implementing the levy of €10 per truck over 12 tonnes? It is a serious issue for road hauliers. The Government gave them a fuel rebate last year and they appreciate that.

Also, with regard to the consumer protection Bill, can anything be done about the plight of the 13,000 families who are under threat from IBRC and the former Irish Nationwide Building Society? It is a perilous situation and something should be done under some legislative measure.

The consumer (protection) Bill is due shortly. The road transport Bill is due next year.

I wish to ask the Taoiseach for an update on the criminal justice (cyber crime) Bill. Attacks against their information technology systems are costing companies millions every year in addition to reputational damage.

The heads of the Bill were cleared in 2012 but I do not have a date for its publication.

I wish to inquire about the foreshore Bill. The Minister for Communications, Energy and Natural Resources recently published the offshore renewable energy development plan, which is a framework for sustainable development of offshore wind. Will we get a chance to discuss the plan, or will the Taoiseach arrange a debate in the coming months before the legislation is introduced because it is very controversial for the Dublin constituencies?

I expect the Bill like all others is being drafted in-house in the Department of the Environment, Community and Local Government and there will be an opportunity for open discussion at the appropriate committee. I will advise the Deputy on the exact state of preparation of this important Bill.

The health information Bill is to provide a legislative framework for the better governance of health information and initiatives include data matching and health information resources for use in the health services. When can we expect its publication?

I do not have an exact date for publication of the health information Bill. I will advise the Deputy on its state of preparation.

When will legislation be published to provide a statutory replacement for the discontinued mobility allowance and motorised transport grant schemes? The matter is of great concern to people around the country with mobility issues, their families and representative organisations. There is an urgency to the matter at this stage.

The matter will be addressed under the health transport Bill which is due for publication later this year.

The Bill was promised last year.

A commitment in the programme for Government is as follows: “We will deal with the problem of legislation being shunted through at high speed and will ensure that Dáil Standing Orders provide a minimum of two weeks between each Stage of a Bill.” When can we expect the change to be introduced?

There are 41 Bills on the A list for this session. We introduced a change in January that heads of a Bill go to committees for discussion to help the process of having a more comprehensive analysis of legislation.

It bamboozled the Chief Whip.

Generally, when things are shunted through they move slowly. It is the wrong phrase.

Seriously, I would like a response to the question. I refer to a specific commitment in the programme for Government to change the Standing Orders to ensure there are at least two weeks between each Stage of a Bill. When can we expect to see the change? The programme for Government was produced more than three years ago.

Does Deputy O’Dea have examples of Bills that did not proceed along that basis?

All the social welfare Bills, the property tax Bill and all other major pieces of legislation.

We have not had the whingeing and screeching about guillotines since we came back.

When will the Government introduce the change?

We have not had any guillotines since we came back.

No Bills have been introduced.

There is a commitment in the programme for Government in that respect.

Sometimes the Opposition does not turn up when it is expected to do so.

There is a commitment in the programme for Government to change Standing Orders to provide for that. For the third time, when is the change going to occur?

We will have a discussion on the progress report on the programme for Government in the week after next. The examples can be given then.

The Taoiseach is to have a discussion.

We will have a progress report on it.

There will not be much progress to be reported on that section.

There will be a lot more progress to be reported than for the five previous years.

It is shunting along.

I congratulate the Taoiseach on the great victory at the weekend over Dr. Crokes. I wish the team the very best on St. Patrick’s Day.

I wish to ask the Taoiseach whether he would consider broadening the remit of the Order of Business. We can ask about promised legislation and the ordering of business in the House.

The matter can be discussed with the Whips.

We did not use ten minutes of the time allocated for the Order of Business today. The time would be well spent if Deputies could raise issues of regional or local importance in the time allowed. Will the Taoiseach consider that? It works well in other parliaments.

Does Deputy Griffin have a parliamentary party?

I will now move on to the Private Members’ Bill.

It is something that could be introduced in the House.

Deputy Griffin should resume his seat.

My question is about the ordering of business in the House.

The Deputy cannot use the Order of Business for a chat.

It is a fair question.

It is not a fair question. Deputy Griffin can ask the Chief Whip.

Deputy Griffin can ask it at the parliamentary party.

It will be a busy meeting tonight. Deputy Griffin could wait until next week.

It is about how we do business in the House and I would please like a response.

For Deputy Griffin’s information, we are allowed up to 30 minutes. It does not say that we have to use all the time. Up to 20 minutes is provided for on a Thursday. Let us get on to serious business – a Private Member’s Bill, the Protection of Residential Mortgage Account Holders Bill 2014.

A Cheann Comhairle, I know that but the point I make is that issues of local and regional importance and-----

Deputy Griffin should resume his seat or he will be taking a walk.

It is not fair to ignore questions.

I call on Deputy Michael McGrath to introduce the Bill.

It is not right to ignore questions from the floor.

Deputy Griffin should resume his seat. I have already dealt with his request.

It is not fair to ignore questions from the floor in such a manner.

I said that Deputy Griffin should resume his seat.

I think that is not fair.

If Deputy Griffin wants to take a walk, he will take one. Either he resumes his seat voluntarily or I will order him out of the Dáil.

Why was my question not allowed?

What question? It was not in order on the Order of Business.

My question was about how we do business.

The Deputy should raise the matter in another forum, not on the Order of Business.

This is the main forum. This is the Dáil Chamber.

I warn Deputy Griffin that if he does not resume his seat I will order him out of the House.

Could you tell me why my question was not allowed?

The Deputy will leave the House.

Why was the question not allowed?

Deputy Griffin will leave the House or I will name him.

Could you tell me, a Cheann Comhairle, why my question was not allowed?

The Deputy must leave the House.

Why will you not allow the question?

Did Deputy Griffin hear me?

I asked a question and it was not allowed.

I ask Deputy Griffin to leave the House.

Why was my question not allowed?

I ask the Taoiseach to name Deputy Griffin.

Deputy Griffin.

Why was my question not allowed?

How could the Taoiseach do that after the Deputy had congratulated him on his win?

It was a good match. It is a great pitch in Portlaoise.

It is a very simple question, a Cheann Comhairle, about how we do business in the House.

Will Deputy Griffin leave the House please or I will ask the Captain of the Guard to remove him?

I will go. I will not put the Captain to the trouble. I will leave under protest.

I thank Deputy Griffin very much. That is very kind of him. It is very considerate. I have heard it all now.

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