Dáil Éireann díospóireacht -
Wednesday, 12 Mar 2014

Vol. 834 No. 2

Order of Business

The Taoiseach

It is proposed to take No. 23, statements on pre-European Council meeting of 20 and 21 March; and No. 21, statements on the Government’s priorities for the year ahead (resumed). It is proposed, notwithstanding anything in Standing Orders, that No. 23 shall be taken immediately following the Order of Business and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after 65 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 be called upon to make a statement in reply which shall not exceed five minutes and the suspension of sitting shall take place on the conclusion of No. 23. Private Members’ business shall be No. 145, motion re Gateway scheme (resumed), to conclude at 9 p.m. tonight, if not previously concluded.

Tomorrow's business after Oral Questions shall be No. 24, statements on the 20-year strategy for the Irish language. The following arrangements shall apply in relation to No. 24: the statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case and such Members may share their time; the statement of each other Member called upon shall not exceed ten minutes in each case and such Members may share their time, and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes.

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with No. 23, statements on pre-European Council meeting of 20 and 21 March agreed to? Agreed.

Is the proposal for dealing with No. 24, statements on the 20-year strategy on the Irish language, tomorrow agreed to? Agreed.

Deputy Micheál Martin

Next week the Dáil will not sit and for the past two weeks in reality we have had little of substance to debate in the House. We have had very little if any legislation coming through, bar yesterday. For three full weeks the Dáil will not have been operating with any degree of substance in terms of legislation or issues. It would have been within the capacity of Government to have facilitated a debate in Government time today on the Garda Síochána Inspectorate report. We have been informed that the Minister for Justice and Equality, Deputy Shatter, will this afternoon publish the Garda Síochána Inspectorate's ninth report, entitled the Fixed Charge Processing System - A 21st Century Strategy, after which the Garda Síochána Inspectorate will hold a press conference. We had selective leaks of the report last evening and a presentation by the Minister.

An Ceann Comhairle

We cannot have a debate. This is about time.

Deputy Micheál Martin

I know; I am looking for time. Next week there is no time. One could be very cynical and suggest that the timing of all this has been well managed by the Government side to avoid any discussion by the House or the relevant committee, today, tomorrow or next week. The Government hopes that when the Dáil comes back after the one-week break for St. Patrick's Day the heat will have gone out of the issues.

Deputy Mattie McGrath

Alan has not gone yet.

Deputy Micheál Martin

That is what is happening in essence.

An Ceann Comhairle

That is fine, but not on the Order of Business.

Deputy Micheál Martin

Others have said that maybe it was deliberately leaked yesterday-----

An Ceann Comhairle

We are not into "maybes" on the Order of Business. I ask the Deputy to ask a question.

Deputy Micheál Martin

-----to get Mr. Flannery off the headlines for a moment.

Deputy Robert Troy

The Government would never do that.

Deputy Micheál Martin

Government Members will find themselves going backwards and they will meet themselves on the way back-----

An Ceann Comhairle

The Deputy is not listening to me.

Deputy Micheál Martin

-----if they are not careful with all this sophisticated news management.

An Ceann Comhairle

Can you put a question, please? You are not making a second stage speech.

Deputy Micheál Martin

Will the Taoiseach give an assurance to the House to give Government time on the first week back to a full debate and questions and answers with the Minister on the full Garda Síochána Inspectorate report, which I trust has not been redacted? I ask the Taoiseach to confirm that it will not be redacted or has not been redacted in any shape or form. The House should get an opportunity to debate it in full in the week we return after the St. Patrick's Day break when the Taoiseach and his colleagues will be around the world.

The Taoiseach

As somebody who used not to read reports, even Deputy Martin has a requirement to read this one. I have not seen it yet and I intend to read it.

Deputy Mattie McGrath

On the plane.

The Taoiseach

If I were to say that we are changing the rules and that we will have a full debate on the Garda Síochána Inspectorate report in the afternoon, the first thing the Deputy would say is that he needs to have time to read it.

Deputy Micheál Martin

Tomorrow.

The Taoiseach

That makes common sense. I can confirm that the Dáil will have the opportunity to debate fully the unredacted report of the Garda Síochána Inspectorate into the process here.

Deputy Micheál Martin

When?

The Taoiseach

Deputy Martin wants it on the first day we come back. It is a matter for the Whips to agree.

Deputy Micheál Martin

No it is not. The Taoiseach can tell the Whip what he wants.

An Ceann Comhairle

Excuse me; we are not having a conversation across the floor.

Deputy Micheál Martin

We are, actually. We are trying to get a very important issue on to the floor of the House-----

An Ceann Comhairle

Excuse me, Deputy.

Deputy Micheál Martin

-----if it was not for the belligerence of the Taoiseach.

An Ceann Comhairle

I happen to be in the Chair.

Deputy Micheál Martin

I know that full well. I accept you are in the Chair.

An Ceann Comhairle

I ask the Deputy to allow the Taoiseach to answer.

Deputy Micheál Martin

Will the Taoiseach have the debate on the first week back-----

An Ceann Comhairle

That is why we have Whips.

Deputy Micheál Martin

-----and not try to avoid it-----

The Taoiseach

I point out to Deputy Martin that last week-----

Deputy Micheál Martin

-----like the Government did with the Health Service Executive Bill and other issues?

The Taoiseach

The Deputy does not want to listen either.

Deputy Micheál Martin

I am listening.

The Taoiseach

Last week the Fianna Fáil Whip, Deputy Ó Fearghaíl, a good and decent man, made an agreement-----

Deputy Micheál Martin

I know that.

The Taoiseach

----- at the Whips' meeting for a process to be put in place for debating certain issues and Deputy Martin pulled the rug from under him the following day and demanded a vote.

Deputy Micheál Martin

What is the Taoiseach talking about?

The Taoiseach

The Deputy pulled the rug from under him. He does not even believe his own Whip.

Deputy Dara Calleary

The Taoiseach pulled a few rugs himself.

The Taoiseach

If Deputy Martin gives a Whip responsibility to make decisions at a Whips' meeting, then he should let him stand on his own two feet and not be pulling the rug from under him.

Deputy Mattie McGrath

What happened to poor old Mr. Flannery?

The Taoiseach

This will be debated when we come back here, but it will be debated following agreement at a Whips' meeting.

Deputy Micheál Martin

The Taoiseach should check with his Whip about reading the minutes of Cabinet meetings, which he announced to the Dáil yesterday. Did he know about that?

An Ceann Comhairle

I call Deputy Ó Caoláin.

Deputy Micheál Martin

The Government Chief Whip read the minutes of Cabinet meetings.

An Ceann Comhairle

Sorry, Deputy. I have called Deputy Ó Caoláin.

Deputy Micheál Martin

He went back on them all despite the confidentiality.

An Ceann Comhairle

Deputy Martin, would you mind-----

Deputy Caoimhghín Ó Caoláin

I ask the Taoiseach to assure the House that we are talking about that first week in order to address the matter of the Garda Síochána Inspectorate report substantively.

We have had statements on housing, but what we really need is action on social housing. The housing (miscellaneous provisions) Bill is intended to expand and strengthen the regulatory framework for social housing. I am very interested in this matter. I know that the Minister of State with responsibility is also very interested in it. We must all be aware of the crisis that is presenting for many families in the absence of a real programme of social housing provision.

How soon will the industrial relations amendment No. 2 Bill, the aim of which is to deliver on the programme for Government commitment on collective bargaining rights, be presented before the Dáil?

The Taoiseach

The housing (miscellaneous provisions) Bill will be in this session and the second Bill the Deputy mentioned will also be in this session.

Regarding seeking confirmation about a debate on the Garda Síochána Inspectorate's report, it will be in the first week back.

Deputy Caoimhghín Ó Caoláin

I thank the Taoiseach.

The Taoiseach

I am not sure what other eruptions might happen in between, which might change people's views as to what we should discuss on the first day back.

Deputy Caoimhghín Ó Caoláin

The Taoiseach's answer was clear and I appreciate the clarity.

The Taoiseach

I assure the Deputy it will be done the first week back when he will have had an opportunity to read the report-----

Deputy Caoimhghín Ó Caoláin

I will.

The Taoiseach

----- and to make his comments here.

In respect of the question asked by Deputy Martin, I have not seen the report. The Government will make its decision today and the report will be published. As I do not know what is in it, I have to assume there will be nothing in it that will be redacted. I want to be clear on that point. I do not know.

Deputy Micheál Martin

No. The Taoiseach said "unredacted".

The Taoiseach

I have not read it. I have not seen it.

Deputy Micheál Martin

It is very straightforward, Taoiseach. There is no basis to redact anything.

An Ceann Comhairle

Please, we are not having a debate. This is the Order of Business.

The Taoiseach

The Government will publish the report. I do not know whether it refers to issues-----

Deputy Micheál Martin

Why are you making that qualification?

Deputy Finian McGrath

Legal advice-----

The Taoiseach

Because I have not read the report, Deputy Martin.

Deputy Micheál Martin

Somebody has whispered in your ear, "Pull back what you just said earlier".

The Taoiseach

Unlike you, I do tend to read these reports.

An Ceann Comhairle

Deputy, would you stop shouting across the floor, please?

Deputy Micheál Martin

I am not shouting across the floor.

A Deputy

You are.

Deputy Micheál Martin

I am just articulating a very basic point to the Taoiseach.

An Ceann Comhairle

Will you do it through the Chair in the normal way? You are long enough around here to know that.

Deputy Arthur Spring

The regional aid maps for 2014 are to be put to the European Committee of the Regions by June this year. When will they be brought before the House as they are of particular interest to counties such as Kerry, where currently we have disadvantaged status to attract employment to the area?

Deputy Finian McGrath

That is alright. Deputy Michael Healy Rae will sort it out.

Deputy Arthur Spring

The Minister, Deputy Brendan Howlin, has done a good job in negotiating with the committee but when will the Taoiseach be in a position to put the maps before the House and make a recommendation to the European Commission? The IDA's 2015 report is hinging on this and, therefore, it is imperative we get it done.

The Taoiseach

I do not see any reason for any due delay in that regard. I will have the Minister contact Deputy Spring to see how early it can be brought before the House.

Deputy Ray Butler

I ask the Taoiseach when publication is expected of the legal aid Bill to update and strengthen the system of granting criminal legal aid and to transfer responsibility for the administration of the main scheme and ad hoc schemes to the Legal Aid Board.

The Taoiseach

Does the Deputy have the right name of that Bill?

Deputy Ray Butler

Yes, it is the criminal justice (legal aid) Bill.

The Taoiseach

What number is it?

Deputy Ray Butler

It is 54.

The Taoiseach

I will have to come back to the Deputy with the detail on that.

Deputy Bernard J. Durkan

An important item of promised legislation is the legislation to consolidate, update and improve the legislative code governing the protection and regulation of the national archeological heritage. It is important issue from an educational, cultural and conservation point of view. Have the heads of the Bill been discussed in Cabinet? Have they been approved? When is the Bill likely to come before the House?

The Taoiseach

The heritage (amendment) Bill will be brought forward later this year.

Deputy John Halligan

Under the Health Identifiers Bill, it was revealed in the Irish Mirror this morning that all the medical cards for those over the age of 70 in nursing homes, and particularly those in the fair deal scheme, are being reviewed. Could the Taoiseach confirm if that is the case?

An Ceann Comhairle

No. We are on the Order of Business.

Deputy John Halligan

If that were the case it would be offensive-----

An Ceann Comhairle

That is a separate issue.

Deputy John Halligan

-----and distasteful because it is targeting the most vulnerable people in society.

Deputy Finian McGrath

It is true.

An Ceann Comhairle

The Deputy should put down a parliamentary question.

Deputy John Halligan

This is a fact. I have been contacted by people in two nursing homes who said this is happening.

An Ceann Comhairle

What Bill is the Deputy inquiring about?

Deputy John Halligan

Could the Taoiseach confirm that the Department is reviewing medical cards for people over the age of 70 in nursing homes?

An Ceann Comhairle

What Bill is the Deputy talking about?

Deputy John Halligan

These are people with dementia, Alzheimer's disease and so on.

An Ceann Comhairle

Deputy, you are totally out of order.

Deputy John Halligan

It has been confirmed by the Department of Health that this is going to happen. That is disgraceful and appalling.

An Ceann Comhairle

Would you resume your seat please?

Deputy John Halligan

The Taoiseach might make a comment on this. Could he confirm that this is the case?

An Ceann Comhairle

He will not make a comment on it. The Deputy is out of order. When is the Bill due?

Deputy John Halligan

It is under the Health Identifiers Bill.

An Ceann Comhairle

Yes. When is the Bill due?

Deputy John Halligan

I am entitled to raise this under that particular Bill.

An Ceann Comhairle

Yes, but the Deputy is not entitled to make a speech as well.

Deputy John Halligan

I am not making a speech. I said as much as previous speakers said when they stood up. I am entitled to do that.

An Ceann Comhairle

You are not entitled to it. It is as simple as that.

Deputy John Halligan

I am entitled to do it. I took no longer than anybody from any other party-----

An Ceann Comhairle

You get more than your share.

(Interruptions).

Deputy John Halligan

The Ceann Comhairle can shut me up all he likes. I am not going.

An Ceann Comhairle

Do not talk nonsense. The Deputy gets as good a service in this House as anybody else.

Deputy John Halligan

That is not the case, not with the Independent group, and the Ceann Comhairle knows it.

An Ceann Comhairle

You must be joking.

Deputy John Halligan

Can we get an answer to the question?

An Ceann Comhairle

You should cool down and do not get yourself into more trouble.

Deputy John Halligan

Am I entitled to an answer to the question?

An Ceann Comhairle

Deputy, he already answered the question.

Deputy John Halligan

He did not.

The Taoiseach

The Bill is published and is awaiting-----

An Ceann Comhairle

The Bill is published, in case the Deputy does not know.

Deputy John Halligan

That is avoiding the question.

Deputy Sandra McLellan

The State is in the midst of a severe housing crisis with over 100,000 people languishing on the housing list. The private sector has not delivered an adequate number of houses and it has failed to protect tenants. Will the housing (miscellaneous provisions) Bill come before the House and will it provide funding to local authorities to commence a building scheme? Also, is the Government on schedule to publish the health (general practitioner medical services) Bill to provide a GP service to persons aged five years and under?

The Taoiseach

Yes. Both of those Bills are for this session.

Deputy Mattie McGrath

I ask the Taoiseach about what Deputy Donnelly said earlier. The story in the Irish Independent today is good news.

An Ceann Comhairle

On promised legislation.

Deputy Mattie McGrath

When is it proposed to bring in the Central Bank consolidation Bill and when will the Government rein in the activity of banks? They are nearly all rogue banks but most of them are behaving roguishly. We need to put some order on these people who are terrorising families and businesspeople on a daily basis.

The Taoiseach

That is due for next year.

Deputy Robert Troy

We are all aware that the availability of cheap alcohol is compounding the problem of excessive drinking in our society.

An Ceann Comhairle

To which Bill is the Deputy referring?

Deputy Robert Troy

We are all aware also that throughout the length and breadth of our country small rural clubs are closing down on a weekly basis. When will the Taoiseach finally bring forward the legislation to deal with the minimum pricing of alcohol? He has promised this legislation week in, week out for the past number of years. He says it is in process and that it will be brought before the House, but we are still awaiting this important legislation.

An Ceann Comhairle

When is the Bill due, Taoiseach?

The Taoiseach

It will be brought before the House when it is ready. It is not as simple as Deputy Troy suggests.

Deputy Robert Troy

The Taoiseach suggested two years ago that it would be-----

The Taoiseach

The Minister of State, Deputy White, has done an extensive amount of work on this Bill.

Deputy Robert Troy

Two years ago the Taoiseach-----

An Ceann Comhairle

Would you stay quiet please and listen to the answer?

The Taoiseach

It will be brought before the House when it is due and ready, Deputy Troy.

Deputy Peter Fitzpatrick

When can we expect publication of the Bill to amend the Health Act 2007 to extend the remit of the Health Information and Quality Authority to include functions with regard to medical ionising radiation protection and on the setting of the standards for private and independent health care providers?

The Taoiseach

The amendment of that Act is due for this year.

Deputy Róisín Shortall

The Taoiseach's Government appointed Mr. Frank Flannery to the Forum on Philanthropy. Was the Taoiseach aware that during the period of his office-----

An Ceann Comhairle

Sorry, Deputy. This is not a matter for the Order of Business and you will not raise it here. Would you please resume your seat?

Deputy Róisín Shortall

-----he was in receipt of payments from Philanthropy Ireland for consultancy work?

An Ceann Comhairle

Would you please resume your seat, Deputy?

Deputy Róisín Shortall

Would the Taoiseach confirm he was aware of that? Further, in regard to the long-promised legislation to establish a register of lobbyists, first, when will we see that legislation and, second, will that legislation provide for full disclosure of all payments that lobbyists receive?

The Taoiseach

I expect the registration of lobbyists Bill will be brought forward this session.

Deputy Róisín Shortall

Was the Taoiseach aware of Mr. Flannery's role as a consultant-----

An Ceann Comhairle

That is a separate issue for another time, Deputy.

Deputy Róisín Shortall

-----and the conflict of interest that existed?

The Taoiseach

"No" is the answer to the Deputy's question.

Deputy Róisín Shortall

He was not. Thank you.

An Ceann Comhairle

The Deputy knows as well as I do that it is not a matter for the Order of Business.

Deputy Timmy Dooley

Did he ever lobby the Taoiseach in that role?

Deputy Willie O'Dea

Every day I become more convinced that the Taoiseach would make an ideal choice for President of the European Council.

An Ceann Comhairle

That is very nice of you, Deputy. In the meantime, would you ask your question?

Deputy Willie O'Dea

I would point out to the Taoiseach that we have passed the second anniversary of the Taoiseach's commitment to introduce the consumer and competition Bill. He told me it would be introduced "this session". Several sessions have come and gone. Does the Taoiseach believe he will bring it forward in this session?

The Taoiseach

Yes, I do. I expect that Bill to be published and debated in this session.

Deputy Peter Mathews

In regard to the gambling control Bill the Taoiseach kindly answered yesterday that it will be published early in 2015. In the meantime, there is a crisis in the advertising of gambling on websites that allow phone apps and other instruments to undermine family life and so on. What can be done about that? How can the advertising, as in tobacco advertising-----

An Ceann Comhairle

I am sorry. That is a separate issue.

Deputy Peter Mathews

-----be stopped in the meantime because a year is a long time?

The Taoiseach

I am not an expert in that advanced technology. Obviously, information and understanding of what these instruments can lead to is very important.

Deputy Peter Mathews

The advertising on television of the-----

The Taoiseach

The Bill is due next year. I assume it is an issue that can be raised in committee to see if there are issues that can be dealt with now.

Deputy Peter Mathews

Could I become a member of that committee?

An Ceann Comhairle

We cannot deal with that issue on the Order of Business.

The Taoiseach

The Deputy can certainly put in a request to the Ceann Comhairle for the matter to be addressed by way of a Topical Issue.

Deputy Peter Mathews

Would the Taoiseach support it?

Deputy Brendan Griffin

When can we expect the criminal law (sexual offences) Bill to be published? There is a huge need for the provision of post-release electronic tagging of sex offenders in terms of trying to protect our communities.

I wonder if it is something that could be brought forward.

The Taoiseach

It will be later this year.

Deputy Thomas P. Broughan

When is the maritime (international conventions and safety) Bill, which is on the second clár, due to be brought forward? Is it intended to include pay rates and conditions for mariners and workers at sea in that legislation, given that many of the ships that traverse between here and the United Kingdom do not implement either the minimum wage of the UK or of this country? They seem to be outside international labour law-----

An Ceann Comhairle

We cannot discuss that now.

Deputy Thomas P. Broughan

Is it intended to bring the Bill forward?

The Taoiseach

There is no date for publication of that Bill. I suggest the Deputy brings the specific issues he raises to the attention of the Minister for Agriculture, Food and the Marine.

Deputy Thomas P. Broughan

And also the Minister for Transport, Tourism and Sport and the Minister for Jobs, Enterprise and Innovation.

The Taoiseach

Yes.