Order of Business

The Taoiseach

It is proposed to take No. 20a, motion re Leave to Introduce Supplementary Estimates [Votes 12, 17, 25, 26, 30, 31, 32, 35, 36 and 40]; No. 20b, motion re Referral of Supplementary Estimates [Votes 12, 17, 25, 26, 30, 31, 32, 35, 36 and 40] to select committee or sub-committee; No. 37, Social Welfare Bill 2014 - Report and Final Stages (resumed); No. 38, statements opposing domestic violence; and No. 9, Customs Bill 2014 - Order for Second Stage and 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. tonight and Private Members' business, which shall be No. 176, motion re funding of health services (resumed), shall, if not previously concluded, be brought to a conclusion after 90 minutes; No. 20a shall be decided without debate, and subject to the agreement of No. 20a, No. 20b, referral to select committees, shall be decided without debate and any divisions demanded thereon shall be taken forthwith; the following arrangements shall apply in respect of No. 38: 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; and there shall be no Topical Issues tomorrow.

Tomorrow's business after Oral Questions shall be No. 9a, Water Services Bill 2014 - Order for Second Stage and Second Stage. It is proposed, that notwithstanding anything in Standing Orders, in the event of a division being claimed on the conclusion of Second Stage of the Water Services Bill 2014, that division shall be postponed until after the Order of Business on Tuesday, 9 December 2014.

An Ceann Comhairle

There are five proposals to put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with Nos. 20a and 20b, without debate, agreed to? Agreed. Is the proposal for dealing with No. 38 agreed to? Agreed. Is the proposal that there will be no Topical Issues tomorrow agreed to?

Deputy Mary Lou McDonald

We think there should be Topical Issues tomorrow. It is a normal sitting day and we do not see any good reason to deny Deputies the opportunity to raise urgent matters of the day as normal.

Deputy Ruth Coppinger

I object to the proposal that there will be no Topical Issues tomorrow. It seems to me that the reason it is proposed that there will be no Topical Issues tomorrow is to lash through the Water Services Bill over Thursday and Friday with no vote until Tuesday to allow the Government side to be away from the debate on Friday down the country or whatever and not take part in it just like it did with the first round of the Water Services Bill. It is extremely important that there would be Topical Issues tomorrow. For example, the key Topical Issue yesterday was homelessness and no doubt, there will be other ones tomorrow. There should be a resumption of Topical Issues and the Government should stop lashing through the Water Services Bill. If it needs to be extended next week, it should be extended.

The Taoiseach

It is absolutely hypocritical of the deputy leader of Sinn Féin to come in here and demand time for Topical Issues when it is proposed to debate an issue that is so important to everybody, namely, the Water Services Bill, given that she came in here a couple of weeks ago, held up this place for five hours and did not allow Topical Issues to be taken at all. We are allowing the House to sit until 8 p.m. tomorrow and 8 p.m. on Friday to give everybody an opportunity to have their say on Second Stage of the Water Services Bill. Members have been demanding this and they will get the time they need. For Deputy McDonald to come in here and say that we should have Topical Issues tomorrow when she sat over there for five hours, held up the work of this House and did not allow Topical Issues to take place at all means that she is either suffering from amnesia or is very selective in the points she makes.

An Ceann Comhairle

Is the proposal for dealing with No. 9a agreed to? Agreed.

Deputy Michael McGrath

I wish to ask the Taoiseach about a few pieces of legislation. The first is the Gambling Control Bill, which is very important legislation to deal with the regulation of gambling, particularly problem gambling, which is becoming a growing phenomenon. It deals with the protection of vulnerable people and many other important issues. When will the Bill come before this House for full debate?

Many customers of financial services are being denied access to the Financial Services Ombudsman because of a six-year rule. One opportunity to address this issue is through the Merger of Pensions Ombudsman and Financial Services Ombudsman Bill. When is this legislation expected to be brought forward?

The Taoiseach

In respect of the Merger of Pensions Ombudsman and Financial Services Ombudsman Bill, a steering group of people central to this has commenced its work looking at this. It will be next year before it is published. I cannot put a timescale on it.

The Gambling Control Bill is due in the middle of next year. It is quite a complex matter and the issue is, as the Deputy correctly pointed out, of serious concern in many cases.

Deputy Mary Lou McDonald

When can we expect to see the terms of reference for the commission of investigation into mother and baby homes and other institutions?

An Ceann Comhairle

A phone is on. Could someone switch it off?

Deputy Mary Lou McDonald

Could the Taoiseach tell us when the terms of reference might come before the Dáil, whether we will have the opportunity to amend those terms of reference and whether they will be seen by survivors and advocacy groups? The Taoiseach is probably aware that there is significant concern among the survivors of the Westbank orphanage and some of the other Protestant institutions that they will be excluded from the terms of reference.

Could the Taoiseach tell us the progress of the Adoption (Tracing and Information) Bill? I understand it is due for publication some time in 2015 but it is a very urgent piece of legislation. I understand that it is complex but could the Taoiseach give a more concrete indication of when we might see it?

The Taoiseach

It is due next year. The Deputy is right in saying that it is very complicated.

In respect of the mother and baby homes and the Westbank orphanage, the Minister for Children and Youth Affairs has almost completed work on the terms of reference. As they will have to be approved by this House, everybody will have an opportunity for debate. I know he is conscious of the Westbank orphanage but I cannot give details on the stage he has reached in that regard. I will ask him to advise Deputy McDonald on the progress made. He will also be in a position to indicate when he expects to bring the terms of reference, through the Government, for debate here.

Deputy Willie O'Dea

The Government made a commitment in the programme for Government that during the course of its lifetime it would substantially reduce poverty rates. In view of the facts that one in five children under the age of 17 years and one in six adults lives below the poverty line, and that 130,000 children have fallen below the poverty line in the last four years according to the recent UNICEF report, does the Taoiseach think the Government's objective will be realised by the end of its term?

An Ceann Comhairle

That is not on the Order of Business. I thought the Deputy was looking for a debate.

Deputy Willie O'Dea

It is part of the programme for Government.

An Ceann Comhairle

The Deputy was stating an opinion. One does not have opinions on the Order of Business.

Deputy Willie O'Dea

Is the Ceann Comhairle telling me I cannot ask a question?

An Ceann Comhairle

The Deputy can ask a question about a report and when it is going to be taken.

Deputy Willie O'Dea

I am asking a question about Government policy.

An Ceann Comhairle

One cannot express an opinion on policy. The Deputy knows that as well as I do. He has been around for a long time.

Deputy Willie O'Dea

I am asking about a commitment in the programme for Government.

An Ceann Comhairle

What is the commitment?

Deputy Willie O'Dea

Can I not ask about that?

An Ceann Comhairle

Of course you can.

Deputy Willie O'Dea

That is what I have asked, and I would like an answer.

An Ceann Comhairle

That is a different issue. What about the commitment in the programme for Government?

The Taoiseach

As the Deputy knows, the way out of poverty in the programme for Government is by creating jobs.

Deputy Mattie McGrath

For the boys.

The Taoiseach

He will be glad to know that the unemployment rate has dropped to 10.7%, a decrease of 2%. Approximately 80,000 jobs have been created in the last period.

Deputy Willie O'Dea

That is a different issue. I asked about child poverty not unemployment.

The Taoiseach

I agree with the Deputy that the challenge is to spread the benefits from a rising economy and rising confidence in consumer sentiment throughout the country. That is why USC was reduced at the lower level and 83,000 were taken out of the requirement to pay income tax. The efforts of Government will be aimed at spreading that to the most vulnerable, including the children and families the Deputy mentioned.

Deputy Michael Healy-Rae

The Taoiseach will be aware of the serious concerns that have been expressed about the price of milk next year. Farmers are in shock at the proposed 50% reduction in their incomes. Under the European Stability Mechanism (Amendment) Bill 2014, will the Government ensure that the new Commissioner will work to maintain milk prices?

An Ceann Comhairle

The Deputy will have to ask that question separately by way of a Topical Issue or another means.

The Taoiseach

That Bill was enacted last October. The Minister for Agriculture, Food and the Marine is meeting representatives of the milk sector today. There are global implications due to the scale of productivity internationally with big producers. For many years Ireland has been constrained because of quotas. This is why it is important we keep raising capacity in Ireland into the future as an issue. The Minister is meeting with the sector today to see what might be done.

Deputy Peter Fitzpatrick

Parents in my constituency have expressed concerns about whether their children will get places in their local schools or schools near their homes. The education (admission to schools) Bill 2013 aims to make the administration process more inclusive and equitable by ensuring that schools decide on applications in a structured, fair and transparent manner. It is also proposed to ensure that every child receives a State place. When can we expect the Bill to be published?

The Taoiseach

A great deal of work has been done on this matter, and additional submissions have been received from external sources. It is still expected that the Bill will be published this session, before the end of the year.

Deputy Noel Grealish

Regarding proposed legislation, I welcome the announcement of the Government's social housing strategy to tackle housing shortages across the country. With specific reference to the landlords and tenants Bill, given that legislation in this area is outdated and requires reform to give greater stability to tenants and protections to landlords, when does the Taoiseach expect that Bill to come before the House?

The Taoiseach

That will be the middle of next year.

Deputy Mattie McGrath

I wish to ask about two items of legislation. The Minister for Agriculture, Food and the Marine met the farmers today. Will the Taoiseach or somebody else meet the road hauliers tonight, in the context of the road transport Bill? They are in Dublin because of the road tax. It is a simple issue to address. They need fair play so that small businesses in rural Ireland can survive.

A matter of profound concern arises due to the failure of certain State funded organisations to care for children.

An Ceann Comhairle

To what Bill is the Deputy referring?

Deputy Mattie McGrath

We saw something in Castlebar, and we were shocked. I am speaking about the children and family relationships Bill. A care home in Kildare is not acting properly in regard to the care of a young teenager. This case will hit the headlines, and people will be profoundly shocked about it. It is time to deal with the issue now.

An Ceann Comhairle

On the Bill.

Deputy Mattie McGrath

It has been raised in the Seanad by Senator Mary Ann O'Brien. More than €860 million in funding goes to this organisation but in my opinion it is not caring for people properly.

An Ceann Comhairle

That is not for the Order of Business. When is the Bill due?

The Taoiseach

The Deputy opposed the children's referendum, if I recall correctly.

Deputy Mattie McGrath

I did, of course.

The Taoiseach

He was quite vociferous on the matter.

Deputy Mattie McGrath

I make no apologies. What am I supposed to do? Should I troop through the House like Government backbenchers?

An Ceann Comhairle

When is the Bill due?

Deputy Mattie McGrath

Vote "Tá" for everything.

Deputy Simon Harris

Everybody else supported it.

Deputy Mattie McGrath

It was my right.

The Taoiseach

Deputy Mattie McGrath is always good at attracting notice.

Deputy Mattie McGrath

The Taoiseach is not so bad himself at it, and where he was last night - I saw a picture of you. You have gone-----

The Taoiseach

That Bill is due for publication this session.

Deputy Mattie McGrath

-----very low now. You are scraping the bottom of the barrel now, Taoiseach.

The Taoiseach

Everything is a simple issue for the Deputy. The Minister for Transport, Tourism and Sport has already met the hauliers' association in respect of a range of issues.

Deputy Mattie McGrath

They are on their knees.

The Taoiseach

He met them personally and, obviously, lobbying continues.

Deputy Terence Flanagan

The programme for Government makes reference to digitising the 1926 census. Legislation would be required for that to happen. There is great interest in this area. Can the Taoiseach update us on the matter? In regard to the Construction Contracts Act 2013, which was passed by both Houses more than 500 days ago and which deals with prompt payments for contractors and subcontractors, what is the delay and when will the Act be commenced?

The Taoiseach

That Act is now the responsibility of the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Gerald Nash. There were lots of questions and issues in respect of it before it went through this House. I do not have a date for publication of the legislation on the 1926 census. A number of issues are under consideration in regard to it. I will revert to the Deputy on the matter.

Deputy James Bannon

Our objective on coming into Government was to overhaul radically our health system. We are making real progress on changing the health system, despite less money and fewer staff. When can we expect to see the health reform Bill coming before the House in order to put in place the new structure for the health service?

The Taoiseach

That is a major Bill and restructuring of it has been ongoing for some time. I cannot provide an accurate date but it will be next year.

Deputy Pat Deering

The Taoiseach may be aware of the increasing incidence of robberies in rural Ireland in recent times. One of the good initiatives taken by Deputy Mattie McGrath was to introduce the Scrap and Precious Metal Dealers Bill 2013 as a Private Members' Bill.

Deputy Mattie McGrath

Twice.

Deputy Pat Deering

The Bill started a debate on cash for gold outlets. A commitment was given that heads for the precious metals and cash dealers Bill would be drafted at some stage during the year. What is the status of that Bill and when can we expect it to be published?

The Taoiseach

That Bill was brought forward by Deputy Mattie McGrath. It was a simple issue. He did well. I will revert to Deputy Deering with a date for publication of that Bill. I thank him for raising the matter.

Deputy Caoimhghín Ó Caoláin

Yesterday the Joint Committee on Health and Children met representatives of the national paediatric hospital development board in the course of a visit to the St. James's hospital site. I note from the promised legislation that a national paediatric hospital development board (amendment) Bill is scheduled. I ask the purpose of that Bill and when it is expected to be published.

The Taoiseach

It will be next year. I do not have a date for publication. I will send the Deputy a report on what the Bill is likely to contain.

Deputy Shane Ross

Prior to the summer recess I introduced a Bill to amend the powers and remit of the Committee of Public Accounts. In view of the fact that it has become a matter of greater controversy and that we are getting legal advice which is unwelcome and in conflict with other legal advice, I ask the Taoiseach to provide time for that Bill so that the members of the committee who are worried that our powers are being curtailed by political direction can rest assured this is not true.

The Taoiseach

Do I understand it correctly that the Deputy is referring to a Private Members' Bill?

Deputy Shane Ross

Yes.

The Taoiseach

Has it been drawn through the lottery for discussion?

Deputy Shane Ross

It is hoped that it will be discussed.

In the absence of its being drawn in the lottery - it is unlikely to be drawn - would the Taoiseach allocate time for it?

The Taoiseach

I will consider it. The reform we introduced whereby Members can bring forward Private Members' Bills such as this is a welcome one. I cannot predict the outcome of the lottery but I will give consideration to the Deputy's request.

Deputy Shane Ross

I will withdraw it from the lottery.

The Taoiseach

The Deputy will agree that regardless of what party has been in Government, the Committee of Public Accounts has been a special committee of the Oireachtas for many years and has operated independently of any direction from the Government. We wish to see its independence and powers-----

Deputy Shane Ross

Increased.

The Taoiseach

-----retained so it can do the job it is supposed to do.

Deputy Shane Ross

We are getting conflicting legal advice, which is confusing our remit enormously. It would be helpful if the Taoiseach allocated time for it. I will withdraw it from the lottery if the Taoiseach will give it time. Would that be fair?

The Taoiseach

Life is a lottery. It is quite likely to be drawn. I have no doubt that the Ross Bill is something people would wish to have debated here.

Deputy Shane Ross

It is a serious question.

The Taoiseach

I know.

Deputy Shane Ross

If I withdraw it from the lottery, will the Taoiseach allocate time for it?

The Taoiseach

There is a queue, and even the Deputy cannot jump it.

Deputy Shane Ross

It is a matter of government priority.

An Ceann Comhairle

If the Committee of Public Accounts wishes to investigate matters, it is open to the committee to make a proposal to the Committee on Procedure and Privileges for changes to the orders of reference. That was done in the case of the report on deposit interest retention tax, DIRT. If an issue must be considered, a proposal can be made to that committee.

Dáil Éireann díospóireacht - Wednesday, 3 Dec 2014

Dáil Éireann díospóireacht -
Wednesday, 3 Dec 2014