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Dáil Éireann díospóireacht -
Thursday, 3 Apr 2014

Vol. 836 No. 5

Order of Business

It is proposed to take No. 11a, motion re the current crisis in Ukraine; and No. 25, statements on the supply of social housing and the Government's homelessness policy (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings in respect of No. 11a shall, if not previously concluded, be brought to a conclusion after one hour and the following arrangements shall apply: the speech 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.

Is the proposal for dealing with No. 11a agreed to? Agreed.

Before I speak, the Minister of State, Deputy Kehoe, cannot accuse Deputy Mathews of lacking courage. It was an unfair accusation of the man.

He had no courage last night.

When he joins Fianna Fáil, it will know.

I wish to raise two issues on the Order of Business. First, will the Minister update the House on the terms of reference of the commission of investigation under Mr. Justice Fennelly? I understand that the Cabinet has discussed them. When does the Minister expect them to be agreed at Cabinet level and introduced in the House for a full debate?

Second, the special liquidator of IBRC, KPMG, has sold approximately two thirds of the mortgage book to two separate US hedge funds, both of which are unregulated in Ireland. Those consumers have lost the binding statutory protections that every other mortgage holder in the country has. Two items of legislation are relevant. One is a Government Bill, the heads of which are yet to be approved. It is due some time next year. Are there plans to accelerate that process in light of the fact that more than 8,000 mortgage holders are exposed and vulnerable? Alternatively, a Fianna Fáil Private Member's Bill passed Second Stage in the Dáil a number of weeks ago. The Government could progress it to Committee Stage for further debate.

Regarding the Deputy's question on the terms of reference of the commission of investigation, that matter will be discussed at Cabinet next week. It is our intention to have it agreed as quickly as possible with the Supreme Court judge, Mr. Justice Fennelly.

It will be then brought to the House as soon as possible.

I am aware of the concern people have expressed about the protections they might no longer have in respect of the IBRC decision. That legislation is progressing as quickly as possible. I will draw the suggestion made by the Deputy to the attention of the Minister for Finance to ensure there is statutory protection for people whose mortgages have been transferred from one lender to another.

I wish to raise two matters. Yesterday we heard that the consolidated domestic violence legislation will be published in the summer. Can the Minister say if there is a sense of urgency about this legislation and the timetable for it? When might we expect it to be enacted, given that it is a matter of some urgency? As I am on the subject, I draw the Minister's attention to the announcement yesterday that the Women's Aid refuge in Dundalk is due to close in June. There was a similar scenario last year in Wexford. Other places are stretched-----

The Deputy knows she is out of order.

I am making the point to the Minister. I am sure he appreciates the seriousness of it.

Second, the new directive on public procurement was agreed almost three months ago at European level. The purpose of the directive is to make better use of the procurement procedure to support wider social goals. The Government has 24 months to introduce the legislation to implement the directive. Many small and medium enterprises, SMEs, are effectively locked out of procurement because the current rules are so restrictive, so this directive is a good advance. I urge the Government to deal with it legislatively with all due haste. When does it propose to bring forward that legislation?

On the last matter raised by the Deputy, I will have to refer back to her with an accurate answer. She will receive a letter accordingly on the matter.

On the first matter, a letter has been sent to the Deputy by the Minister, Deputy Shatter. She might not have seen it yet, but it is dated 21 March.

The situation is the same as outlined in the letter. It is intended to have the heads of the Bill dealing with domestic violence completed by summer this year and to implement the legislation as quickly as possible after that.

Will the Minister clarify the current position with the Credit Guarantee (Amendment) Bill? It is an issue of considerable importance at present. Similarly, what is the position with the proposed National Paediatric Hospital Development Board (Amendment) Bill relating to the national children's hospital? Again, it is an issue that has been occupying people's minds in recent times, particularly as there might be further delays arising from planning issues.

I have no date for either of the legislative measures. However, with regard to the national children's hospital, I assure the Deputy its progress is not dependent on the legislation. Work is continuing on implementing that policy measure. As soon as I have the information requested, I will give it to the Deputy.

The Maritime Area and Foreshore (Amendment) Bill is on the A list in the legislative programme. The Bill will tidy up issues relating to the foreshore and planning which are causing a huge amount of frustration, especially for ports. What progress is being made on that Bill and when can we expect it to be brought to the House?

I am informed that it is currently with the Department of the Environment, Community and Local Government and is in a queue. There is another legislative measure ahead of it and as soon as that legislation is completed priority will be given to that Bill. I will ask the Minister for the Environment, Community and Local Government to write to the Deputy and to give him the precise timetable.

There is an urgent need to streamline the laws relating to clamping in both the public and private sectors in view of the ongoing scandal of clamping in the grounds of our public and private hospital car parks. It was promised that the Regulation of Vehicle Immobilisation Bill would be introduced in the House before the summer, but that appears to be unlikely at this stage. Can the Minister confirm the position? It is urgently required as I am constantly encountering this issue with people.

The Bill is on course to be brought to the House before the summer and, hopefully, it will be debated and de-clamped by the end of the session.

In the event of the Government being disposed to move a writ for a by-election in the coming weeks to coincide with the local and European elections, does the absence of a permanently appointed Clerk of the Dáil present a difficulty for moving such a writ? If so, will the Minister clarify the matter and when a permanent Clerk of the Dáil might be appointed to alleviate that problem?

I do not know what appropriate reply I can give. Perhaps the Ceann Comhairle can assist the Deputy in that regard. We will certainly abide by the legislation which provides that by-elections must take place within six months of the vacancy occurring.

The Clerk of the Dáil must issue the writ.

Our position is the same so it is a question of what are the implications of the absence of a Clerk of the Dáil.

Will the Minister indicate when the Workplace Relations Bill, to provide for reform of statutory workplace relations bodies, will be introduced in the House?

It is on course to be introduced in the House before the summer recess.

In light of the publication of the report of the Intergovernmental Panel on Climate Change earlier this week, when will the Climate Action and Low Carbon Development Bill be published? It is required as soon as possible because 2020 is fast approaching and we are a long way from achieving our emissions targets in all sectors.

We all share the Deputy's concerns about this. The intention is to have the final Bill before the summer. There are revised heads due before Easter.

On the basis that it has been shown that the credit bubble and assets price bubble and subsequent bust that so nearly destroyed this economy were caused by the behaviour of the banking sector and the boards that did not keep to the prudential principles of-----

Sorry, Deputy.

I have a question.

It is not Question Time. It is the Order of Business.

The Government promised a banking inquiry. What is happening to it?

That is fine. The Minister on the banking inquiry.

I am informed that it is at a stage of advanced planning, but I cannot give a time-----

The next Dáil will take care of it.

The progress is glacial.

I call Deputy Terence Flanagan.

All talk and no action.

When the Deputy was in the Department she was all talk and no action.

Does Deputy Kehoe know anything at all?

I had to ask the question because I am not a member of the committee anymore.

The Deputy is displaying his ignorance.

Will Members please stay quiet? Deputy Flanagan is on his feet.

The Minister will be familiar with the Dublin Docklands Development Authority (Dissolution) Bill. The authority cost taxpayers hundreds of millions of euro due to engaging in reckless speculative property development. What is the position with that Bill and will it be introduced before the summer? Also, what is the position with the Broadcasting (Amendment) Bill, which will change the current television licence to a broadcasting charge in the future?

Like the Deputy and my constituency colleague, Deputy Kevin Humphreys, I have a constituency interest in the Dublin Docklands Development Authority legislation. The heads of that Bill were passed by the Cabinet three or four weeks ago and we expect to have the legislation before the summer recess. I do not know whether it will be dealt with and completed before the recess.

The other legislative measure will be ready later this year.

The Minister might have received an e-mail yesterday from a woman named Elaine regarding her friend Eimear, who is suffering from rapid and aggressive motor neurone disease, and her fight to have a right to invasive ventilation when the time comes.

The problem is that she has been told by her professor and the person treating her-----

This not Question Time.

-----that she does not have the financial means for invasive ventilation, and that this was HSE policy. However, the HSE states that it is up to the professor or the consultant treating her who has responsibility for providing invasive ventilation for the lady in question.

That is a matter for a parliamentary question and not the Order of Business.

I think everyone in the House got a similar e-mail and all of us cannot but empathise with her difficulty. I do not have the information, but I suggest the Deputy table a written question or raise it by way of an oral question with the Minister for Health.

Does the Minister have an update on his plans for proposed changes to the financial autonomy of universities in the universities Bill? Deputy Finian McGrath introduced in Private Members' time a Bill for children with Down's syndrome. It was accepted on Second Stage and I know the Joint Committee on Education and Social Protection has written to the Minister seeking permission that it would move to Committee Stage. Can the Minister give an update on that? We do not want it to sit there indefinitely and go nowhere.

I think the Deputy is referring to the technological universities legislation. The draft heads of that Bill have gone to the Joint Committee on Education and Social Protection for scrutiny. I am hoping to get a report back from the committee as soon as possible, but realistically sometime between May and June. Then it will go to the Parliamentary Counsel for drafting. I do not expect to have it on the floor of this House until the autumn.

I am not in a position to give the Deputy an answer to the second matter. I will make inquiries and I will write to him.

The adoption (tracing and information) Bill has been long promised and is important because it will give people their basic fundamental right, which is the right to their identity. There are 50,000 people currently who are looking to explore their adoption records, and we await the legislation on that to come from the Government.

The Minister undertook a value for money review on small rural schools over 12 months ago. I understand he has had that report for a considerable period. When will it be laid before the House in order that we can have a full and frank debate on the future of small rural schools? They are facing a lot of uncertainty in not knowing where their future lies. Perhaps the Minister could enlighten me today.

The first matter in respect of adoption is up for discussion within the Cabinet. There are issues with it that I know the Minister, Deputy Fitzgerald, is anxious to resolve and to bring forward the legislation as quickly as possible. The other matter raised is still under consideration.

I understand the Joint Committee on Education and Social Protection has considered the heads of the education (admission to schools) Bill, and has reported to the Minister on it. When might we expect to see that important Bill coming before the House?

I thank the Deputy for raising the matter. It is something in which all of us, especially those of us on the Joint Committee on Education and Social Protection, have a big interest. It has gone to the Parliamentary Counsel for drafting. The content and the heads of the Bill have been agreed and cleared. Much work has been done prior to this and there are about 15 sections in the Bill. I hope to have it debated in the House and dealt with before the end of the summer session.

Yesterday we had no business in the Dáil for more than three hours. It seems to have become a characteristic of this Government in recent months where we have long stretches when business collapses. It may be the responsibility of the Chief Whip, and of the other Whips, but for some reason he is not able to manage the business of the House in such a way as to keep the business flowing.

The Deputy should take this matter up with the Chief Whip.

Is there a problem here? Is it a problem with draftspeople in the Office of the Attorney General? What is happening to the Government on this issue? It seems to be in the process of closing down the Dáil and its input.

I would like to ask the Minister a question about his own portfolio.

Did Deputy Shortall get the Deputy to ask that question?

Given that we have so much time that the Chief Whip does not bother to fill, will we have a chance to discuss the Minister's plans for the junior certificate, the way he has tried to change it and the general unhappiness of the teaching profession?

I thank the Deputy for his question. I share his sense of frustration that we are not processing business as quickly as we would like. One of the factors that has surprisingly caused us a delay has been the length of time that some committees are taking to process legislation, but ultimately responsibility rests with us. There are Bills ready to go and I think the Whips can discuss this in some detail.

If the Deputy would like to have a debate on the junior cycle reforms that I have proposed and which were discussed in this House about two years ago, I would be more than happy to have such a discussion. That is a matter to be raised with the Whips.

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