Dáil Éireann díospóireacht -
Wednesday, 18 Jun 2014

Vol. 844 No. 2

Order of Business

The Taoiseach

It is proposed to take No. a10, motion re membership of a committee; No. 24, Social Welfare and Pensions Bill 2014 - Report Stage (resumed) and Final Stages; No. 25, Radiological Protection (Miscellaneous Provisions) Bill 2014 - Second Stage (resumed); and No. 1, Merchant Shipping (Registration of Ships) Bill 2013 [Seanad] - Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that in the event a division is in progress at the time fixed for taking Private Members' business, the Dáil shall sit later than 9 p.m. and Private Members' business, which shall be No. 52, Public Sector Management (Appointment of Senior Members of the Garda Síochána) Bill 2014 – Second Stage (resumed), shall, if not previously concluded, be brought to a conclusion after 90 minutes; No. a10 shall be decided without debate; tomorrow's business after Oral Questions shall be No. 10 - motion re Offences against the State (Amendment) Act 1998; No. 11 - motion re Criminal Justice (Amendment) Act 2009; and No. 2 - Industrial Development (Forfás Dissolution) Bill 2013 - amendments from the Seanad.

It is proposed, notwithstanding anything in Standing Orders, that No. 10 and No. 11 shall be moved and debated together and shall, if not previously concluded, be brought to a conclusion after 45 minutes 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, and who may share their time, shall not exceed ten minutes in each case, and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes.

An Ceann Comhairle

I hope those who were engaged in debate while the Taoiseach was trying to read out the Order of Business will understand what is on today because I do not think they were listening.

(Interruptions).

Deputy Peter Mathews

It does not really matter.

Deputy Micheál Martin

I think the Ceann Comhairle underestimates us.

An Ceann Comhairle

There are three proposals to be put to the House.

(Interruptions).

An Ceann Comhairle

Sorry, would Deputies stay quiet please? Thank you.

Deputy Jerry Buttimer

Deputy Mathews could have been part of it.

An Ceann Comhairle

Would you stay quiet, please? That applies to everybody, whether a Minister, a Minister of State, a Government backbencher-----

Deputy Mattie McGrath

Or Chief Whip.

An Ceann Comhairle

-----an Opposition Member or an Independent Member, in particular.

(Interruptions).

An Ceann Comhairle

Deputy Buttimer, as the Chairman of a committee, should know better.

(Interruptions).

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with No. a10 - motion re membership of committee, without debate, agreed to? Agreed.

Deputy Peter Mathews

Is that okay?

An Ceann Comhairle

Sorry?

Deputy Peter Mathews

I was just asking if-----

An Ceann Comhairle

Maybe you would go down to the Gaiety Theatre and get some work down there.

Is the proposal for dealing with Nos. 10 and 11 tomorrow, motion re Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009 agreed to?

Deputy Caoimhghín Ó Caoláin

It is not agreed. The Offences against the State (Amendment) Act 1998 has been renewed annually and only cursory attention has been paid to it despite the fact this Act, in its original manifestation, was intended to be temporary, as on each of the renewals since. The Offences against the State (Amendment) Act 1998 continues to infringe on the judicial rights of suspects, and I emphasise the word "suspects".

It is very important the provisions of this Act are properly addressed by this House and a 45 minute period of time would not allow that, either in this House or at the Oireachtas Joint Committee on Justice, Defence and Equality. Ultimately, this has to be revisited. It should be repealed as it has no place in the Ireland of today. I urge Government to grasp the nettle and not be afraid to tackle what is involved. It has to be done. It is due to years of not being willing to face up to this fact that this Government and previous Governments have allowed this odious legislation to continue unaddressed. I oppose the taking of the motion in this way, which has applied continuously.

(Interruptions).

Deputy Caoimhghín Ó Caoláin

I will always take that position.

Deputy Joe Higgins

I agree with Deputy Ó Caoláin. As the date of the Offences against the State (Amendment) Act 1998 suggests, it is a full 16 years ago. The draconian measures deemed appropriate at that time, but with which I disagreed, have, even by the standards of the Government, long since passed. There should be appropriate time for a much deeper and more meaningful discussion on the dangers of having this type of repressive draconian legislation on the Statute Book.

Deputy Michael Noonan

They have not gone away.

The Taoiseach

This is renewed every year. There are very good reasons this should be renewed on an annual basis and the Minister for Justice and Equality has put forward the view that this should apply again. This debate takes place every year.

I remind Deputies Higgins and Ó Caoláin that there are people living on this island who want to destroy this State. Many of them have acquired a capacity for destruction that warrants the continuation of this order should it ever be required and for that reason, the Minister for Justice and Equality has made this recommendation. It has been an annual issue since 1998 and I strongly support it.

Question put: "That the proposal for dealing with Nos. 10 and 11 tomorrow be agreed to."

The Dáil divided: Tá, 84; Níl, 25.

Tá

• Barry, Tom.
• Breen, Pat.
• Browne, John.
• Burton, Joan.
• Butler, Ray.
• Buttimer, Jerry.
• Byrne, Catherine.
• Calleary, Dara.
• Carey, Joe.
• Coffey, Paudie.
• Collins, Niall.
• Conlan, Seán.
• Connaughton, Paul J.
• Conway, Ciara.
• Coonan, Noel.
• Corcoran Kennedy, Marcella.
• Deering, Pat.
• Donnelly, Stephen S.
• Donohoe, Paschal.
• Dooley, Timmy.
• Dowds, Robert.
• English, Damien.
• Farrell, Alan.
• Feighan, Frank.
• Fitzgerald, Frances.
• Flanagan, Terence.
• Fleming, Sean.
• Griffin, Brendan.
• Harris, Simon.
• Healy-Rae, Michael.
• Heydon, Martin.
• Humphreys, Heather.
• Humphreys, Kevin.
• Keating, Derek.
• Keaveney, Colm.
• Kehoe, Paul.
• Kelleher, Billy.
• Kenny, Enda.
• Kenny, Seán.
• Kirk, Seamus.
• Kitt, Michael P.
• Kyne, Seán.
• Lawlor, Anthony.
• Lynch, Ciarán.
• Lynch, Kathleen.
• Lyons, John.
• McCarthy, Michael.
• McConalogue, Charlie.
• McFadden, Gabrielle.
• McGrath, Mattie.
• McGrath, Michael.
• McGuinness, John.
• McLoughlin, Tony.
• McNamara, Michael.
• Maloney, Eamonn.
• Martin, Micheál.
• Mitchell, Olivia.
• Moynihan, Michael.
• Mulherin, Michelle.
• Nash, Gerald.
• Neville, Dan.
• Nolan, Derek.
• Noonan, Michael.
• Ó Fearghaíl, Seán.
• Ó Ríordáin, Aodhán.
• O'Dea, Willie.
• O'Donnell, Kieran.
• O'Donovan, Patrick.
• O'Dowd, Fergus.
• O'Mahony, John.
• O'Reilly, Joe.
• O'Sullivan, Jan.
• Penrose, Willie.
• Perry, John.
• Quinn, Ruairí.
• Ring, Michael.
• Ryan, Brendan.
• Shatter, Alan.
• Stagg, Emmet.
• Stanton, David.
• Tuffy, Joanna.
• Twomey, Liam.
• Varadkar, Leo.
• Walsh, Brian.

Níl

• Boyd Barrett, Richard.
• Collins, Joan.
• Colreavy, Michael.
• Coppinger, Ruth.
• Crowe, Seán.
• Daly, Clare.
• Doherty, Pearse.
• Ellis, Dessie.
• Ferris, Martin.
• Halligan, John.
• Healy, Seamus.
• Higgins, Joe.
• Mac Lochlainn, Pádraig.
• McDonald, Mary Lou.
• McGrath, Finian.
• McLellan, Sandra.
• Murphy, Catherine.
• Ó Caoláin, Caoimhghín.
• Ó Snodaigh, Aengus.
• O'Brien, Jonathan.
• O'Sullivan, Maureen.
• Ross, Shane.
• Stanley, Brian.
• Tóibín, Peadar.
• Wallace, Mick.

Tellers: Tá, Deputies Paul Kehoe and Emmet Stagg; Níl, Deputies Aengus Ó Snodaigh and Joe Higgins.

Question declared carried.

Deputy Micheál Martin

Yesterday, the Government’s statement on medical cards referred to interaction with the Attorney General on the Health Act 1970. The director general of the Health Service Executive, HSE, is satisfied the announcement will allow him to return cards to persons with an acute medical condition. The Minister of State, Deputy White, made it clear that legislation would be needed for the provision of discretionary medical cards to those with acute conditions. He based that on a new interpretation that arose over the past year or two that a card could be only allocated due to financial hardship. Magician-like, that interpretation has been waived and put to one side, for which I am glad, and 15,000 people will get back their discretionary medical cards. However, in the meantime, there are another 15,000 in limbo.

An Ceann Comhairle

Sorry, Deputy, we have been through all of this already.

Deputy Micheál Martin

The statement mentions the establishment of an expert panel to advise on the broader issue by September. The promise was that there would be legislation before the summer to deal once and for all with medical needs and conditionality in the awarding of discretionary medical cards. Will such legislation be provided? What timeline is the Government offering in the enactment of such legislation to provide for the awarding of discretionary medical cards to people with acute medical condition or has the Government resiled from providing any such legislation?

With the recent revelations about mother and baby homes, there is a significant issue around adoption and the adoption (tracing and information) Bill and people’s rights to tracing and access information to medical histories and so forth. When can we expect that legislation?

The Taoiseach

There have quite a number of queries about the legal and constitutional positions arising from the adoption process. We have had discussions about this before and it is quite complex. The Bill is expected before the end of the year and discussions are well under way.

With regard to medical cards, the law still stands from 1970. The cards were removed on an administrative basis and will be returned on an administrative basis.

Deputy Micheál Martin

That is not the truth. That is a dishonest response.

Deputy Caoimhghín Ó Caoláin

When will the health (transport support) Bill, which will provide for a scheme to make individual payments to people with severe disabilities who cannot access public transport as a financial support towards their transport costs, be published?

What about the workplace relations Bill and the industrial relations (amendment) (No.2) Bill? I raise these in the context of the lock-out - call it what one will - by the Greyhound waste collection company yesterday of some 60 workers while negotiations were ongoing. Will he indicate when these Bills will present? Will they offer protection for workers who find themselves in that most unacceptable of situations? These matters are continuing to happen and it is not acceptable.

The Taoiseach

The workplace relations Bill is expected this session while the health (transport support) Bill is expected later this year.

An Ceann Comhairle

I call Deputy Tóibín.

Deputy Peadar Tóibín

My question was asked by Teachta Ó Caoláin.

An Ceann Comhairle

I call Deputy Joan Collins.

Deputy Joan Collins

My question was asked by Teachta Ó Caoláin.

An Ceann Comhairle

I call Deputy Kirk.

Deputy Seamus Kirk

On the food marketing Bill and given the crisis in the beef industry, as well as the sector’s importance to the well-being of the economy and exports, etc., what initiatives is the Government contemplating to address this crisis?

An Ceann Comhairle

Is there legislation on this?

The Taoiseach

The Minister for Agriculture, Food and the Marine dealt with this comprehensively this morning on a national radio station. Given the drop in the consumption of beef in Britain, in particular, and the change in the nature of beef product required, as well as the advice and assistance the Government is making for beef farmers, the resources for Bord Bia are being considered in the determination of the Vote for agriculture and its subsidiaries. The Minister is acutely aware of the difficulties for beef farmers.

Deputy Mattie McGrath

The beef cartel is responsible.

Deputy Jerry Buttimer

The Constitutional Convention has concluded its deliberations. Has the Government given any consideration as to when its outstanding final reports will be published?

The Taoiseach

I expect that it will be next week when we might be in a position to have discussions on that.

Deputy Mattie McGrath

In view of recent reports and some good sources in the Central Bank and elsewhere, the Taoiseach and the Minister for Finance Deputy Noonan, have authorised the test-case of about 6,000 evictions-----

An Ceann Comhairle

Hold on. Not again. This is every day.

Deputy Mattie McGrath

It is every day for people in this situation.

An Ceann Comhairle

To what legislation is the Deputy referring?

Deputy Mattie McGrath

The Central Bank (consolidation) Bill. When will something be done to stop these evictions?

An Ceann Comhairle

The Taoiseach on the Central Bank (consolidation) Bill.

The Taoiseach

There is absolutely no truth in the assertion made by Deputy Mattie McGrath.

Deputy Mattie McGrath

There will be 6,000 evictions. It is happening daily.

An Ceann Comhairle

Deputy Mattie McGrath should resume his seat.

The Taoiseach

He should stop spreading fear among people. He is completely out of order.

Deputy Mattie McGrath

I am not spreading fear. The Taoiseach’s colleagues are.

The Taoiseach

You are completely out of order, if I may say so.

Deputy Mattie McGrath

I hope so.

Deputy Brian Walsh

When does the Taoiseach expect the publication of the family relationships and children Bill which will, among other matters, deal with guardianship, custody and access to children. The most recent disclosures in Tuam, County Galway, highlight the importance of this legislation.

The Taoiseach

It should be in this session. It has been approved for pre-legislative hearings and consultations.