Dáil Éireann díospóireacht -
Wednesday, 25 Mar 2015

Vol. 872 No. 2

Order of Business

The Taoiseach

It is proposed to take No. 6, Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015 - Second and Remaining Stages; No. 13, motion re statement for the information of voters in relation to the Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015, to be taken without debate on the conclusion of No. 6; No. 40, Climate Action and Low Carbon Development Bill 2015 - Second Stage (resumed); and No. 41, statements on the dairy sector (resumed).

Tomorrow’s business after Oral Questions shall be: No. 40, Climate Action and Low Carbon Development Bill 2015 - Second Stage (resumed); No. 41, statements on the dairy sector (resumed). Private Members’ business which shall be No. 189, motion re water charges (resumed), to conclude at 9 p.m. tonight, if not previously concluded.

An Ceann Comhairle

There are no proposals to be put to the House.

Deputy Micheál Martin

I refer the Taoiseach to page 3 of the programme for Government which contains a very important legislative commitment. In that context, no notes or records were kept of the series of high level meetings about Irish Water in 2012 between the then Minister for the Environment, Community and Local Government, Commissioner Phil Hogan and the Bord Gáis chairperson, Rose Hynes. The briefing sessions took place in Mr. Hogan's Leinster House office in October-----

An Ceann Comhairle

Where are we going with this, Deputy? This is the Order of Business.

Deputy Micheál Martin

I will explain briefly. They were held in October and November that year. According to records in Mr. Hogan's diary there were no civil servants at either meeting which took place at a time when many key issues were being considered. There were no notes for more than half of all the meetings between the Department of the Environment, Community and Local Government and Bord Gáis in the first six months of the utility's-----

An Ceann Comhairle

Sorry, Deputy, this is the Order of Business. I have to ask you, please, like everybody else, to adhere to the rules.

Deputy Micheál Martin

I will come to it. There is a context to the question I will ask.

An Ceann Comhairle

There are plenty of other ways of raising these matters.

Deputy Micheál Martin

A total of 23 meetings took place and of those, only ten had minutes.

(Interruptions).

An Ceann Comhairle

Details about Irish Water minutes is not on the Order of Business.

Deputy Micheál Martin

It is, actually.

An Ceann Comhairle

It has nothing to do with it.

Deputy Micheál Martin

I will tell the House why. Four years ago, page 3 of the programme for Government stated, "We will legislate for a reformulated code of laws, replacing both the Ministers and Secretaries Acts and the Public Service Management Act, which will spell out the legal relationship between Ministers and their civil servants and their legal accountability for decisions and for management of Departments". It further states, "We will bring to an end the unacceptable executive practice where no record is kept of ministerial involvement with an issue and resulting decisions". What happened that legislative commitment?

What happened with regard to the then Minister, Phil Hogan and the head of Irish Water, is absolutely unacceptable and goes to the heart of the opaqueness and the lack of transparency in setting up Irish Water. The Taoiseach went against all official advice. Out of a whole series of meetings only ten out of 23 were minuted and four meetings between the Minister and Bord Gáis officials were not recorded.

An Ceann Comhairle

I suggest the Deputy puts down a parliamentary question.

A Deputy

A democratic revolution.

Deputy Micheál Martin

It makes a laughing stock of the Taoiseach's commitment to the programme for Government.

The Taoiseach

All of the decisions in regard to the setting up of Irish Water were approved by Cabinet and where appropriate were given independent evaluation by the independent regulator dealing with this matter.

Deputy Micheál Martin

That is not my question.

The Taoiseach

The decisions to be made about Irish Water were all approved by Cabinet at the appropriate time.

Deputy Micheál Martin

I asked about the commitment on legislation in the programme for Government. Why was that legislation not introduced? Will it be introduced?

An Ceann Comhairle

I cannot answer for the Taoiseach.

Deputy Micheál Martin

He has an obligation to answer a very straight question I put to him. Will he introduce the legislation as committed to on page 3 of the programme for Government?

The Taoiseach

I will give the Deputy an update on the work.

Deputy Micheál Martin

I do not want an update. Either the Taoiseach will introduce the legislation or he will not.

An Ceann Comhairle

Resume your seat, please, Deputy.

Deputy Micheál Martin

Or else, the Taoiseach is guilty of gross hypocrisy in terms of how he has been behaving on this issue. Will he introduce it?

Deputy Gerry Adams

With respect, the Taoiseach is mumbling a lot and we cannot hear him over here. I ask if he could raise his voice a wee bit, please.

Tá trí cheist agamsa, ceann amháin faoi Bhille na dTeangacha Oifigiúla, ceann faoin mBille um Sheirbhísí Uisce agus faoin mBille sláinte poiblí (alcól). D'fhoilsigh an Comhchoiste um Chomhshaol, Cultúr agus Gaeltacht tuairisc iontach mhaith ar Bhille na dTeangacha Oifigiúla mí ó shin. As part of its very good report the committee made 34 far-reaching recommendations on the heads of the Bill. These stressed the need to provide more services for Irish speakers and to protect current levels. D'iarr mé ar an Taoiseach anseo sa Dáil díospóireacht a chur ar siúl faoin tuairisc seo le linn Seachtain na Gaeilge agus d'aontaigh sé. However, there was no debate. Ní raibh díospóireacht ar bith ann faoin mBille seo. Will the Taoiseach now schedule that debate? Can we be told when the official languages (amendment) Bill will be published?

On the water services Bill, yesterday and today the Taoiseach endorsed the position of the Minister, Deputy Alan Kelly, that new tough laws will be introduced to take water charges from people's wages, social welfare payments and pensions. There are reports about fast-track courts where an attachment order can be secured by Uisce Éireann. An mbeidh deireadh leis seo? An féidir leis an Taoiseach a bheith soiléir ar an bpointe seo?

An Ceann Comhairle

We cannot discuss the content of a Bill.

Deputy Gerry Adams

When will the water services Bill be published? An ceist deireannach, last month the Minister for Health published the heads of the Bill for the public health (alcohol) Bill. Its purpose is to ban the below cost selling of alcohol, tackle binge drinking and combat alcohol misuse. Yesterday the Joint Committee on Health was told that last year, alcohol manufacturers spent almost €24 million on advertising with another €16 million spent by supermarkets. This intense marketing of alcohol is recognised as a major contributor to consumption and the dreadful social and health consequences it leads to. When will the public health (alcohol) Bill be published? Will the Taoiseach explain why the three annual reports by the advertising watchdog have not been published by the Minister for Justice and Equality? Those reports find that compliance with existing standards is falling.

The Taoiseach

The water services Bill will be published very shortly after Easter. The Bill will contain the decisions made by Cabinet following the propositions brought forward by the Minister for the Environment, Community and Local Government. I do not presume to indicate the details of the Bill at this stage.

The Bill dealing with the official language will be published in this session. We will have a díospóireacht ar an mBille sin. The public health (alcohol) Bill was at pre-legislative scrutiny at the health committee on 10 and 12 March and will be before the committee this week for further comment at pre-legislative scrutiny stage.

Thereafter, it will come back to the Minister for the development of the heads of the Bill and work will proceed towards having it published.

Deputy Gerry Adams

What is the position on the annual report of the advertising watchdog?

The Taoiseach

I am unable to answer that question, but I will advise the Deputy of the position.

Deputy Sean Fleming

In view of the housing crisis and, in particular, the budget day announcement of a major investment of €2 billion or €3 billion in housing construction, as well as conflicting reports on the numbers of planning applications granted and the key role of approved housing bodies in the Government's plan, when can we expect to have sight of the housing (regulation of approved housing bodies) Bill?

For the past four years I have been raising with the Taoiseach the issue of the commencement of the Construction Contracts Act which was passed by the House approximately two years ago. Subcontractors who will bid for housing construction contracts still do not have protection in respect of whether they will be paid. Two years after the passing of the legislation the Minister has not signed the commencement order. I ask the Taoiseach to arrange to have this done.

The Taoiseach

The housing Bill to which the Deputy refers is due to be published later this year. While I do not have up-to-date information on the Construction Contracts Act, I will advise the Deputy of the position. As he is aware, the Bill was introduced to address a complicated matter.

Deputy Denis Naughten

On 7 March 2013 the then Minister for Justice and Equality promised the Dáil that reduced opening hours at Boyle Garda station would result in the station opening, at a minimum, from 10 a.m. until 6 p.m. or 56 hours per week. It is now proposed to slash this figure to 33 hours per week. Moreover, the opening hours are not consistent on any one of the seven days of the week. When will the Garda Síochána (policing authority and miscellaneous provisions) Bill be published? Is it acceptable that people living in Boyle and surrounding areas need to consult a calendar before they are able to contact their local Garda station?

The Taoiseach

Deputy Frank Feighan raised this matter with me and it was also the subject of a Topical Issue yesterday. I understand Boyle Garda station provides a full service. As Deputy Denis Naughten is well aware, the operation of the station is a matter for the chief superintendent and superintendents in the district. The Bill to which he referred will be published this session.

Deputy Mattie McGrath

Does the Taoiseach agree with that aspect of the Constitution which provides that members of the public are entitled to free and unfettered access to courthouses on any day a court is sitting? What is his view on what happened in his home town of Castlebar on Monday morning?

An Ceann Comhairle

The Deputy should put his question to the Taoiseach another time. The purpose of the Order of Business is to discuss promised legislation.

Deputy Mattie McGrath

I am discussing legislation. Where is the judicial council Bill the Government promised? Does the Taoiseach find it acceptable that people were denied access to the courthouse in his home town on Monday morning? He could have seen this if he had been in Castlebar on the day. It was wrong and a retrograde step. Does the saying of the rosary by members of the public threaten safety in a court? Does the Taoiseach no longer agree with saying the rosary?

An Ceann Comhairle

If the Deputy resumes his seat, I will find out about the Bill for him.

Deputy Mattie McGrath

I want an answer. This is part of a democracy. What is the point of celebrating the 1916 Rising?

An Ceann Comhairle

The Deputy can raise these matters when the Bill is being discussed.

The Taoiseach

The judicial council Bill will be published this session.

Deputy Mattie McGrath

The Taoiseach can laugh if he likes, but the last laugh will be on him.

Deputy Michael Healy-Rae

Previously on the Order of Business the Taoiseach gave a commitment that the Government would support the post office network. Last night the Minister for Social Protection, Deputy Joan Burton, confirmed that her Department had sent thousands of letters inviting people in receipt of the State pension to have payments made directly into their bank accounts, rather than at post offices.

An Ceann Comhairle

To which Bill is the Deputy referring?

Deputy Michael Healy-Rae

It is as simple as this-----

An Ceann Comhairle

It is not at all simple. The purpose of the Order of Business is to discuss promised legislation. If the Deputy submits a request for the Topical Issue debate, I will consider it.

Deputy Michael Healy-Rae

The Taoiseach gave a commitment and I want to know if the Government is breaking it. He promised in this House-----

An Ceann Comhairle

The Deputy is inviting the Taoiseach to break the rules of the House, which he is not allowed to do.

Deputy Michael Healy-Rae

The Government made a commitment in its programme for Government. Will the Taoiseach indicate what his position is on post offices?

Deputy Paul Kehoe

The Deputy's father was a member of a Government which closed down hundreds of post offices.

Deputy Joe Carey

What is the position on the proceeds of crime (amendment) Bill?

The Taoiseach

Discussions with the Criminal Assets Bureau on the Bill have been ongoing for a long time because the matter is complicated. I will advise the Deputy of what progress has been made.

Deputy James Bannon

The issue of bail, particularly the manner in which it is granted, needs to be reviewed. Judges and members of An Garda Síochána have been in touch with me about a serious problem with the guidelines governing sentencing for serious offences. The legislation on bail must be reviewed. When will the bail Bill be brought before the House?

The Taoiseach

Deputy Bernard J. Durkan has referred to this Bill on many occasions. I can report that work on the draft heads is at an advanced stage and that progress is being made. However, I am unable to give a publication date.

An Ceann Comhairle

Does Deputy Bernard J. Durkan propose to raise the same issue?

Deputy Bernard J. Durkan

No. The family law Bill has been promised to update and improve family law legislation and provide for greater clarity in this area. What stage has the preparation of the Bill reached? Have the heads been approved by the Cabinet? When is the Bill likely to be brought before the House?

Similarly, the purpose of the insurance Bill is to provide an alternative statutory regime for those insurance companies not covered by the solvency II directive. This is a moot point as it covers a wide area of credit insurance. Have the heads of the Bill been approved by the Cabinet and when is it likely to be brought before the House?

The Taoiseach

While the heads of the insurance Bill have not yet been cleared by the Cabinet, it is expected to be published later this year. I do not have a publication date for the family law Bill, but I will advise the Deputy of the stage the work has reached.

Deputy Willie O'Dea

As the Taoiseach will be aware, the Housing (Miscellaneous Provisions) Act 2014 was passed last July. Part 2 of the Act which deals with the issue of repossession in the case of anti-social behaviour by local authority tenants has not been brought into effect almost 12 months later. Will the Taoiseach indicate when it will be brought into effect? Local authorities nationwide are being stymied in their efforts to take action against tenants in breach of the terms of their tenancies.

The Taoiseach

While I am unable to give the Deputy a date, I will advise him of when the relevant Part is expected to become operable.

Deputy Jerry Buttimer

Just this week, the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe, in conjunction with the Taoiseach, published the national tourism strategy, People, Place and Policy - Growing Tourism to 2025. The document sets out a wonderful and innovative policy and strategy. In the context of the regions, in particular, the city of Cork, I ask the Taoiseach to arrange a debate in the House on how we can increase tourism at regional level. If we are to realise the potential for growth in tourism and meet the targets set out in the strategy, it is important to have a debate in the Dáil.

The Taoiseach

I do not object to having a debate on the national tourism strategy at the appropriate time. I suggest the Deputy raise the matter with the Whip in order that a debate can be arranged at an appropriate time.

Deputy Dessie Ellis

Many people with disabilities, including some who cannot leave their homes, are struggling to avail of public transport services. The Minister promised to provide financial assistance for such persons by way of a contribution towards their transport costs. When will the health (transport support) Bill be introduced?

The Taoiseach

I tried to answer a question on this legislation yesterday. I will revert to the Deputy on when the Bill will be produced. It is included in the "C list" of the Government's legislative programme for 2015, which means that the heads have yet to be approved by the Cabinet. I will advise the Deputy of the progress that has been made.

Deputy Gerry Adams

That a disgrace; the Bill has been promised for two years.

The Taoiseach

I understand that.

Deputy Seán Ó Fearghaíl

When will the nursing home support scheme (amendment) Bill be introduced? Will it address the severe difficulties people are experiencing as they await approval under the fair deal nursing homes scheme? They are suffering inordinately as a result of the serious delays in the scheme.

Is it intended that, as part of this legislation, the fair deal scheme will become a demand-led programme?

The Taoiseach

The Bill is due for publication later this year. The Minister for Health must deal with a report on the workings of the fair deal scheme and he will make comments on that in due course.

Deputy Peter Mathews

In view of the intensive and increasing advertising conducted by the gambling companies, particularly online and through e-mails, I ask the Taoiseach to give a more urgent priority to ensuring the gambling control Bill is expedited.

Deputy Seán Ó Fearghaíl

Hear, hear.

An Ceann Comhairle

The Taoiseach, on gambling.

Deputy Peter Mathews

It is at crisis point. Many young people in their 20s have become ruined early in their lives because of this easy access, through apps, e-mails, laptops and so on. The matter is too serious to allow it to drift.

The Taoiseach

While I do not have a date for the Bill, I will bear in mind the point made by Deputy Mathews.

Sitting suspended at 12.51 p.m. and resumed at 1.51 p.m.