Order of Business

The Taoiseach

It is proposed to take No. 14, motion re appointing an ordinary member to the Houses of the Oireachtas Commission; No. 14a, Finance Bill 2014 - Financial Resolutions; No. 31, statements on allegations regarding sexual abuse by members of the provisional republican movement; and No. 32, statements on the fourth report of the Constitutional Convention on the Dáil electoral system.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 14 and 14a shall be decided without debate and in the case of No. 14a, Financial Resolutions Nos. 1 to 27 shall be moved together and decided by one question; that the proceedings in relation to No. 31 shall, if not previously concluded, be brought to a conclusion at 7.30 p.m. tonight and the following arrangements shall apply: the statement of the Taoiseach, Tánaiste and of the leaders of Fianna Fáil, Sinn Féin and the Technical Group, or a person nominated in their stead, who shall be called upon in that order, shall not exceed 30 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; and the following arrangements shall apply to No. 32: 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 ten 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. Private Members' business shall be No. 168, motion re the fair deal scheme (resumed), to conclude at 9 p.m. tonight, if not previously concluded.

Tomorrow's Order of Business after Oral Questions shall be No. 28, Social Welfare Bill 2014 - Second Stage (resumed); No. 15, Intellectual Property (Miscellaneous Provisions) Bill 2014 - instruction to committee; No. 33, Intellectual Property (Miscellaneous Provisions) Bill 2014 - Order for Report, Report and Final Stages; and No. 7, Health Insurance (Amendment) Bill 2014 - Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the proceedings in relation to No. 15 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.

An Ceann Comhairle

There are four proposals to be put to the House. Is the proposal for dealing with Nos. 14 and 14a agreed to?

Deputy Joe Higgins

It is not agreed that this issue should be taken without debate. This is a proposal that one Fine Gael member leaves the commission and is replaced by a second, at a time when the majority of the Opposition, the Technical Group and Sinn Féin, have no representation on this commission. This is a fundamental problem, particularly now with the situation faced by the Technical Group where its numbers are threatened to swell and overflow as the numbers for Fine Gael and Labour are depleted as a result of their unpopular policies and the hatred they are evoking among ordinary people as well as water charges, etc. We are looking for a debate on the issue so that the majority of the Opposition Deputies can put their arguments on why there should be a more democratic representation on the commission reflecting the make-up of Dáil Éireann.

The Taoiseach

I note the point that Deputy Higgins makes. He always makes the same point if there is a change in representation on the commission.

Deputy Joe Higgins

I never made that point before.

An Ceann Comhairle

Sit down, please, Deputy.

Question put: "That the proposal for dealing with Nos. 14 and 14a, without debate, be agreed to."

The Dáil divided: Tá, 74; Níl, 50.

Tá

Bannon, James.
Breen, Pat.
Burton, Joan.
Butler, Ray.
Buttimer, Jerry.
Byrne, Eric.
Carey, Joe.
Coffey, Paudie.
Conaghan, Michael.
Connaughton, Paul J.
Conway, Ciara.
Coonan, Noel.
Corcoran Kennedy, Marcella.
Costello, Joe.
Coveney, Simon.
Creed, Michael.
Daly, Jim.
Deasy, John.
Deenihan, Jimmy.
Deering, Pat.
Donohoe, Paschal.
Dowds, Robert.
Durkan, Bernard J.
Farrell, Alan.
Fitzgerald, Frances.
Fitzpatrick, Peter.
Flanagan, Terence.
Gilmore, Eamon.
Griffin, Brendan.
Harrington, Noel.
Heydon, Martin.
Howlin, Brendan.
Humphreys, Kevin.
Keating, Derek.
Kenny, Enda.
Kenny, Seán.
Kyne, Seán.
Lawlor, Anthony.
Lynch, Ciarán.
McCarthy, Michael.
McEntee, Helen.
McFadden, Gabrielle.
McGinley, Dinny.
McHugh, Joe.
McNamara, Michael.
Maloney, Eamonn.
Mitchell, Olivia.
Mitchell O'Connor, Mary.
Mulherin, Michelle.
Murphy, Dara.
Murphy, Eoghan.
Neville, Dan.
Nolan, Derek.
Noonan, Michael.
Ó Ríordáin, Aodhán.
O'Donnell, Kieran.
O'Donovan, Patrick.
O'Dowd, Fergus.
O'Mahony, John.
O'Reilly, Joe.
Penrose, Willie.
Perry, John.
Phelan, John Paul.
Rabbitte, Pat.
Ring, Michael.
Shatter, Alan.
Spring, Arthur.
Stagg, Emmet.
Stanton, David.
Timmins, Billy.
Tuffy, Joanna.
Twomey, Liam.
Walsh, Brian.
White, Alex.

Níl

Adams, Gerry.
Boyd Barrett, Richard.
Broughan, Thomas P.
Calleary, Dara.
Collins, Joan.
Collins, Niall.
Colreavy, Michael.
Cowen, Barry.
Crowe, Seán.
Daly, Clare.
Doherty, Pearse.
Dooley, Timmy.
Ellis, Dessie.
Ferris, Martin.
Fitzmaurice, Michael.
Fleming, Tom.
Grealish, Noel.
Halligan, John.
Healy, Seamus.
Healy-Rae, Michael.
Higgins, Joe.
Keaveney, Colm.
Kelleher, Billy.
Kitt, Michael P.
McConalogue, Charlie.
McDonald, Mary Lou.
McGrath, Finian.
McGrath, Mattie.
McGrath, Michael.
McGuinness, John.
McLellan, Sandra.
Martin, Micheál.
Mathews, Peter.
Moynihan, Michael.
Murphy, Catherine.
Murphy, Paul.
Ó Caoláin, Caoimhghín.
Ó Cuív, Éamon.
Ó Fearghaíl, Seán.
Ó Snodaigh, Aengus.
O'Dea, Willie.
O'Sullivan, Maureen.
Pringle, Thomas.
Ross, Shane.
Shortall, Róisín.
Smith, Brendan.
Stanley, Brian.
Tóibín, Peadar.
Troy, Robert.
Wallace, Mick.

Tellers: Tá, Deputies Joe Carey and Emmet Stagg; Níl, Deputies Joe Higgins and Catherine Murphy.

Question declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 31, statements on allegations regarding sexual abuse by members of the provisional republican movement, agreed to? Agreed.

Is the proposal for dealing with No. 32, statements on the fourth report of the Constitutional Convention on the Dáil electoral system, agreed to? Agreed.

Is the proposal regarding arrangements for dealing with No. 15, Intellectual Property (Miscellaneous Provisions) Bill 2014 - instruction to committee, tomorrow agreed to? Agreed.

Deputy Micheál Martin

Yesterday a very long and detailed report by the Garda Síochána Inspectorate was published. Will the Taoiseach make Government time available for a comprehensive debate on that report? Given the similarities of much of that report's contents, the dossier from the whistleblower, Sergeant Maurice McCabe, and the Guerin report, when will the commission of inquiry, which Mr. Guerin recommended and the Taoiseach confirmed six months ago would happen, be established? When does the Taoiseach expect the Fennelly report to come through?

The Taoiseach has confirmed that next week there will be certainty and clarity about water charges. Can he again confirm to the House that he will allocate time to debate what is going on in order that the House will have some input into that? At that stage the Taoiseach might cover the issue of house insurance and the implications of that. Every week something new emerges in this debacle.

The Taoiseach

I thank the Deputy for his questions. We have a duty to reflect the dedication and commitment of so many men and women in An Garda Síochána in carrying out their duty, often in very difficult circumstances. Eighty-six members have died in the course of their duty in protecting our citizens from criminal intent and other serious matters. Of course, time will be allocated for discussion of the Garda Síochána Inspectorate report, as the Minister has made clear in her response to it.

The findings of Mr. Guerin's report in respect of the area he had reviewed in particular districts are reflected in the Garda Síochána Inspectorate report as being similar to what has happened - or what has not happened - nationwide. The terms of reference for Guerin will published and brought to Cabinet next week. Mr. Justice Fennelly is carrying out his work. Obviously, he has indicated to me that he may need some extra time in respect of the body of work he has to do. I responded that I would look favourably at the question of an extension when he submits that. He is also looking at bringing forward a subsection of that at an earlier time. I have formally requested that he so do. I cannot give any indication as to when the judge will finish his work. That is strictly and utterly a matter for Mr. Justice Fennelly and his commission.

I can confirm certainty and clarity will be brought about in regard to the contributions on water next week. I would expect there will be a motion before the Dáil and discussions during Dáil time on Thursday and Friday of next week.

Deputy Gerry Adams

Tá dhá cheist agam maidir le reachtaíocht atá forfhógartha. It is my firm belief that if more time were given to legislation such as the licensing of health care facilities Bill, which provides for the licensing of hospital and high-risk health services, a great many citizens would not need to resort to retrospective court action. Will the Government take the lead? Can we speed up the publication of the heads of the Bill? When can the Dáil expect to see these?

What is the timeframe for the introduction of the national monuments Bill? The Taoiseach previously said it was due in the middle of next year. However, that would leave less than a year at best to debate, pass and implement the Bill. We could anticipate that secondary legislation will also be needed. Could the Government prioritise this and commit to a new timeframe? Given that the leadership of many of the commemorative events has been quite rightly taken by others in civic society, such as the 1916 relatives, could the Government try to keep pace with this and expedite the passage of the Bill through the Oireachtas?

The Taoiseach

The national monuments Bill is due mid-next year. I do not have a date for publication in respect of the licensing of health care facilities Bill. The Deputy will be aware that the calendar of events for commemorative matters for 2016 and beyond will be launched this evening in the General Post Office and the Deputy may wish to attend. Obviously the Minister, Deputy Heather Humphreys, will outline the detail after having had extensive engagement with a range of organisations, agencies and individuals, including input from professional historians in order that there can be authenticity and inclusiveness in the centenary commemorations to be undertaken.

An Ceann Comhairle

As we have just four and a half minutes left, I ask Deputies to be short with their points.

Deputy Bernard J. Durkan

What is the current position regarding the passage through the House and implementation into law of the admissions to school Bill? I refer to its passage through both Houses and when it is expected to be signed into law.

When will all the sections of the Charities Act 2009 be implemented?

The Taoiseach

With regard to the second question, the regulator has been appointed. I will give the Deputy an update on the progress made for the conditions to be implemented.

The admissions to school Bill is being drafted and will be published this session.

Deputy Billy Kelleher

I assume when the Taoiseach finishes reading the programme for Government every evening, he files it under the fiction section. I seek a debate on the broader issues of health services funding and the HSE service plan over the next few weeks. The headline for the health area in the programme for Government is fairness.

An Ceann Comhairle

I am sorry. There are only three minutes left.

Deputy Billy Kelleher

More than 2,000 applicants have been awaiting approval under the fair deal scheme for 15 weeks while 7,000 medical cards have been taken off the over 70s over the past month.

An Ceann Comhairle

We cannot have speeches because there are only three minutes left.

Deputy Billy Kelleher

We need a debate urgently not only in the context of the HSE service plan for 2015 but also the broader health policy of the Government because I cannot find one policy on health in the programme for Government which it has lived up to.

The Taoiseach

The health service plan is being drafted. I will mention the Deputy's request to the Whips. There is no difficult having a debate at the appropriate time.

Deputy Billy Kelleher

We never do. It is always months afterwards.

The Taoiseach

We have many debates.

Deputy Charlie McConalogue

I refer to the publication of the value for money report into small schools. We can be thankful to Mr. John Walshe, who was adviser to the former Minister for Education and Skills, Deputy Quinn, for shedding more light in his book on the report than the Taoiseach ever has in the House. I would like a debate on the report and, in particular, a commitment from the Taoiseach as to when it will be published. In the book we learned that he has been blocking the publication of the report up to now. Will he comment on that? Will he give a commitment to publish the report and to have a debate in the House?

An Ceann Comhairle

Is time for a debate agreed?

The Taoiseach

There will be time for a debate on educational matters at the appropriate time but the report is in the possession of the Minister.

Deputy Mary Lou McDonald

Worrying statistics were published earlier by the Rape Crisis Network. There was also evidence in the Garda Inspectorate report of the failure to handle complaints of domestic violence. I am sure the Taoiseach will agree this is worrying. When does he propose to have a comprehensive debate on the matters of domestic violence and sexual violence against women and children? These are matters of great urgency. When will we see the reformed and consolidated domestic violence legislation?

The Taoiseach

New legislation is being drafted by the Minister for Justice and Equality and her Department in respect of compliance with European Union requirements relating to sexual violence and rape, and that will be presented in the new year.

I share the Deputy's view regarding domestic violence and rape. As the Deputy will be aware, there will be a statements after lunch arising from a whistleblower who showed courage in telling her story about sexual abuse and the treatment meted out to her. I expect the Deputy will have an opportunity to comment on that.

Dáil Éireann díospóireacht - Wednesday, 12 Nov 2014

Order of Business

Tá

Níl

Dáil Éireann díospóireacht -
Wednesday, 12 Nov 2014