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Dáil Éireann díospóireacht -
Wednesday, 8 Jul 2015

Vol. 886 No. 3

Order of Business

It is proposed to take No. 37, Urban Regeneration and Housing Bill 2015 - Report Stage (resumed) and Final Stage; No. 12a, National Minimum Wage (Low Pay Commission) Bill 2015 - instruction to committee; No. 38, National Minimum Wage (Low Pay Commission) Bill 2015 [Seanad] - Order for Report, Report and Final Stages; and No. 1, Statute Law Revision Bill 2015 - amendments from the Seanad. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn not later than 10 p.m.; and in the event that a division is in progress at the time fixed for taking Private Members' business, which shall be No. 74, Central Bank (Variable Rate Mortgages) Bill 2015 - Second Stage (resumed), Standing Order 121(3) shall not apply and Private Members' business shall, if not previously concluded, be brought to a conclusion after 90 minutes.

Tomorrow's business after Oral Questions shall be No. 1, Statute Law Revision Bill 2015 - amendments from the Seanad; No. 39, Gender Recognition Bill 2014 [Seanad] - Order for Report, Report and Final Stages; No. 40, Houses of the Oireachtas (Appointments to Certain Offices) Bill 2014 - Order for Report, Report and Final Stages; No. 41, Children First Bill 2014 - Order for Report, Report and Final Stages; and No. 42, Children (Amendment) Bill 2015 [Seanad] - Order for Report, Report and Final Stages.

There are two proposals to put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

In a report circulated to Dublin city councillors last Monday night, it was stated that the council's budget allocation for homeless services will have a projected deficit of some €18.5 million and that the Department of the Environment, Community and Local Government has been notified of the seriousness of the shortfall and its implications for services. In the context of the commitment in the programme for Government to provide for the homeless, we have a situation in which Dublin City Council will have no funding for emergency accommodation in the final months of the year, despite the fact that well over a thousand children are currently in such accommodation. Can the Taoiseach confirm when the necessary intervention will be carried out by the Minister, Deputy Alan Kelly, to address this situation in line with the commitments made both legislatively and in the programme for Government?

In respect of company law, the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Gerald Nash, has indicated that legislation may be forthcoming to prevent a recurrence of what happened at Clerys last month. In particular, this legislation would seek to prevent employers who behaved as those in Clerys did from becoming directors of other companies for a specific period. Will the Taoiseach indicate when legislation relating to that issue will be brought before the House in line with comments made by the Minister of State? The Minister of State also indicated that legislation would be forthcoming to ban low-hour and zero-hour contracts, the consequences of which we saw in the Dunnes Stores debacle and the treatment of workers there. Will the Taoiseach likewise indicate when that legislation will be forthcoming?

A Cabinet sub-committee meeting on the construction sector and housing will take place next week. I read the report from Dublin City Council and the figure the Deputy mentioned came as a surprise to me. I intend to follow through on the matter. We have had some very detailed discussions on housing, homelessness, social housing and making voids available for families. A package being put together by the Minister, Deputy Alan Kelly, and the Minister of State, Deputy Paudie Coffey, in regard to the private building sector will help to ensure there are sufficient numbers of houses for those who need them. This is a serious issue and I will be glad to give the facts of the situation after I deal with a number of questions at the Cabinet sub-committee meeting. The Deputy will note that we have made €2.2 billion available for the provision of social housing. The Dublin city manager gives regular indications to the Minister of the progress being made on the provision of housing.

I am concerned about that.

In respect of the very good report produced for the Government by the Minister of State, Deputy Nash, arising from the Clerys issue-----

The Minister of State, Deputy Nash, produced a report arising from the Clerys issue for the Government and it is available on the Department's website. The current law has not yet been tested. Rather than introduce legislation now, it is important that the relevant sections of the law already in place be tested to determine whether they stand up. In response to questions I have-----

It has been tested.

-----indicated that it might be appropriate, at the right time, to refer the report and the chronological decisions taken to the oversight committee in respect of company law. The Minister of State, Deputy Nash, is very clear on this and his report is available to read. I will have to advise Deputy Martin in respect of the progress made on legislation on zero-hour contracts.

Tá dhá cheist agam, ceann amháin faoi the International Protection Bill agus an McMahon report agus ceann eile faoi the Civil Debt (Procedures) Bill. The Dáil voted on Second Stage of the Civil Debt (Procedures) Bill yesterday. The Irish League of Credit Unions produced a depressing report on back-to-school costs for parents. It provides a great level of detail, such as the fact that 80% of parents see these costs as a significant financial burden. Many parents admit that costs will have a negative impact on their ability to pay household bills and that they are likely to get into debt, and many also indicated that they might even go to moneylenders. Such parents are likely to find themselves the target of attachment orders arising from the Civil Debt (Procedures) Bill. Can the Taoiseach confirm that Report Stage of the Bill will come before the Dáil next week? Does the Government intend to guillotine Report Stage and rush the Bill through? If it has its way, will it be completed before the summer recess? If that is the case, it will penalise the most vulnerable families and children once again.

I refer to the international protection Bill and the McMahon working group report. Some aspects of the report are welcome, but overall it is a very disappointing response to a humanitarian issue for the people affected. The direct provision system has been widely condemned. We warned at the time that the terms of reference decided on by the Government for the working group were too limited. The report confirms this and falls short of the fundamental and radical reform of the refugee and subsidiary protection application process that is needed. Last month the Taoiseach told me that he would facilitate a debate on this report. Can he tell us when that will take place and whether it will be held before the Dáil rises for the summer?

Committee Stage of the Civil Debt (Procedures) Bill will be taken on Friday, and it is to be hoped that Report and Final Stages will be taken next week. It is designed to help people, arising from work done by the Law Reform Commission. I heard the comments about the difficulties faced by some parents regarding back-to-school costs for children. I also listened carefully to the Minister for Education and Skills, who outlined the work being done on book rental schemes and the opportunity to have more affordable facilities for children.

The McMahon report, which was presented to the Minister some time ago, involved six months' work on the part of Mr. Justice McMahon. It is the first comprehensive examination in 15 years of Ireland's protection system and contains 173 recommendations for the Government on improvements to the scheme. The most important issue is having a single process for the analysis of the applications to ensure it is as effective and efficient as possible.

The international protection Bill is at the pre-legislative scrutiny stage and members of the committee will make their views known on the report and how the system might be improved this week. The Bill will not be finalised before the summer recess, but it is important that, arising from the pre-legislative scrutiny stage, the Minister for Justice and Equality hears the views of Members on the recommendations in and their observations on the McMahon report. I would like to think this is an issue that will become more important in the years ahead, and we need to make provision to deal with it in a speedy and efficient manner, as well as from a humanitarian and compassionate point of view.

Is it intended to have a Supplementary Estimate for health over the next week or so, or will we have to wait for the Minister for Finance to bring in a formal budget? The Minister, Deputy Varadkar, speculated in his usual way, as if he were the health correspondent for RTE or The Irish Times or a hurler on the ditch, rather than the Minister with day-to-day responsibility for health. Will we get the extra €1 billion needed? There is concern in the north of Dublin about young adults with intellectual disabilities who finish secondary school and find there are no places for them. Agencies such as St. Michael's House and Gheel Autism Service have no resources. Will the Minister, Deputy Varadkar, be given the money to which he referred immediately? Places are needed in the next couple of weeks.

The Ceann Comhairle has advised the Deputy in respect of the second issue he raised, and he should take it in the generous spirit intended. No Supplementary Estimates will be considered until the very end of the year.

Significant progress has been made by the Government in merging bodies and abolishing quangos since it came into office, but it does not get a great deal of publicity. We have created considerable savings for the taxpaying general public. When can we expect the Tailte Éireann Bill to merge the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland into one body? He might consider a midlands location as the new headquarters for such a body.

We launched the midlands programme for action last week. I am sure Deputy Bannon can feed his request into that. The report is based on the strengths and weaknesses involved. The Bill will not come before the House until the second half of the year.

In keeping with the overall reform agenda of the Government, when can we expect the much-anticipated judicial appointments Bill, which aims to reform and update the current system of appointing judges in this country, to come before the House for debate?

It was listed for this session, but it will not be dealt with until the next session.

A statutory body is to be established to provide acute paediatric services in Dublin at the new children's hospital. It will take over those services currently provided by Our Lady's Hospital in Crumlin, Temple Street and Tallaght Hospital. When can we expect the publication of the new children's hospital establishment Bill?

I do not have a date for the publication of the Bill, but I can advise the Deputy of the progress being made towards its realisation.

The children's rights referendum was passed in November 2012. As a consequence of literature published by the Government, there was a Supreme Court challenge which delayed the implementation of the referendum. Almost three years on, will the Taoiseach give a commitment to the House that the necessary adoption legislation promised as a consequence of the referendum to give children in long-term foster care a second chance at life will be prioritised and brought forward very shortly?

I refer to the new building regulations published by the Department of the Environment, Community and Local Government last year, which have resulted in a significant increase in construction costs for building houses. As a result, the Government-----

Sorry Deputy, we cannot get into that.

-----has confirmed it will introduce new building regulations. Will the Taoiseach indicate to the House when those new building regulations will be brought forward?

To rectify your mistakes.

The drafters are working on quite a number of amendments in respect of the adoption Bill and I expect to see it in the second half of the year.

Before the election.

The Minister of State with responsibility for housing and the Minister with responsibility for the environment have already indicated the work they have done in respect of a package of measures to deal with the building sector. I expect it should be finalised very shortly. They have made comments directly in respect of the increased charges because of the detail of building regulations that apply, particularly in provincial areas because of the individual houses involved. I expect the Minister and Minister of State will come forward with it very soon.

Will it be before the summer recess?

I do not know but I will advise Deputy Troy on it.

Get it out before the election.

The existential crisis in Europe for 28 member nations is becoming increasingly intense and acute and the Taoiseach and the Minister for Finance are there. Last Sunday's result from the Greek referendum showed-----

Sorry, where are we going, Deputy? On promised legislation, thank you.

We may have legislation rushed through in the next week.

No, this is the Order of Business. I have told you about 20 times. We cannot have a debate about what happens in Greece on the Order of Business. Ask a question-----

It is not about what happens in Greece. I have said-----

That is not in order.

This is unbelievable. It is affecting-----

It is not unbelievable.

-----28 member nations, of which we are one.

Yes and that is grand, but this is the Order of Business.

The Taoiseach may be getting on a plane next weekend to deal with the existential survival of the European project.

And you want to shut me up.

On the Order of Business, yes.

Deputy Mathews was over there last week.

The Order of Business will include what may happen next-----

No, just read Standing Orders.

Is this place really out of touch with what is going on?

Thanks very much. If you are not going to listen to me I will call Deputy Lawlor.

Deputy Mathews was over there last week.

When is the debate going to be?

That is fair enough.

Is there a debate due on Greece?

There should be.

On the future of Europe.

If the Deputy resumes his seat I will ask the Taoiseach to reply.

Normally there is a debate before a summit.

This is unbelievable.

Will you resume your seat, please? Taoiseach, is there a debate?

No, there is no debate.

All of the parliaments will rise in a couple of weeks' time and Europe may be out of control with nobody at the tiller.

Please resume your seat and I will ask the Taoiseach to reply to your question.

There is no debate committed to here-----

-----but the Government is very much aware of what is happening. Following the many eurozone group meetings of Ministers for Finance in the past fortnight, last evening's meeting did bring clarity to a number of issues-----

That is fine, but are we having a debate?

There is no debate promised, but I hope that by the weekend the matter spoken about by Deputy Mathews can be dealt with.

Should we not have one?

Surely to God we should have a debate.

Will the Taoiseach put it on the agenda, please?

Deputy Mathews has a point.

We will rise on the 16th.

I think you have made your point.

That is in eight days. Please put on a debate.

When is the Horse Racing Ireland (amendment) Bill expected to come before the Dáil? It has been promised for before the summer. The Construction Contracts Act was enacted in 2013 but much of the legislation has not yet been brought forward by the relevant Minister. When can we expect it? It was brought in so all the cowboys in the Fianna Fáil tent in Galway could not get after the small subcontractors. Can we have clarity on this?

We expect the Horse Racing Ireland (amendment) Bill to be published next week. The Construction Contracts Act was enacted in 2013. There may need to be a review of some sections as to its effectiveness and how it is being implemented.

It passed the Deputy by.

When the Taoiseach was asked earlier about the €18.5 million shortfall for Dublin City Council homeless services he sidestepped the question and offered no clarity. Perhaps he will take a second opportunity to do so. When will the Minister, Deputy Kelly, make clear these moneys will be provided to Dublin City Council? I am aware the Lord Mayor of the city, Críona Ní Dhálaigh, has written to the Minister seeking a meeting with him. When will he do her the courtesy of responding? More to the point, does the Taoiseach propose to live up to the rhetoric-----

Sorry Deputy, you cannot raise that on the Order of Business.

-----and dewy-eyed emotion he demonstrated following the death of Jonathan Corrie when he was out on the streets of Dublin and met some of the rough sleepers in the city? The homelessness issue is now at crisis level-----

-----and well the Taoiseach knows it, and an €18.5 million shortfall-----

Sorry Deputy, please. That has been dealt with already.

-----for Dublin City Council is not acceptable. I tried to have this matter raised as a Topical Issue two days in a row but the Ceann Comhairle knocked me back.

Excuse me, I have not knocked you back.

It is a critical issue for this city.

Many other Deputies have also applied. There were 34 today.

I know, including-----

So please, I will consider it.

-----rather opaque issues. Will the Taoiseach respond please?

I do not know what he is responding to as he has already dealt with the issue.

I will respond. I have already said I need to see the basis for the figure of €18.5 million. We had some very detailed straight discussions about this at Cabinet sub-committee meetings with people from Dublin City Council and the various agencies. The Minister, Deputy Kelly, made unprecedented moves to deal with the homelessness issue.

The Taoiseach is having a lot of meetings and discussions.

As a consequence of some success there others began to travel to Dublin from different locations.

He is unfortunately. That is the crisis.

Is the Taoiseach actually that out of touch with the crisis in this city?

I think the Taoiseach has dealt with that.

No less a person than the previous Lord Mayor of Dublin, with whom I walked many of the streets-----

Please, Taoiseach, stop.

-----pointed this out to me on many occasions-----

Walking the streets in the rain, well that did not amount to much.

Sorry, Taoiseach, we cannot continue this discussion on the Order of Business.

You cut the budget by €18.5 million.

It is all bluster.

I am not talking about Butch Moore if you want to get smart about it. I need to know the basis for the figure-----

It came out on Monday night. What have you been doing since then?

It needed Cabinet approval.

This is not Deputy Martin's question; it is Deputy McDonald's question.

I asked it earlier.

It is not in order on the Order of Business. The Taoiseach has not heard me. We have dealt with this issue.

The Taoiseach is elaborating on the non-answer.

The Civil Debt (Procedures) Bill is being forced upon the Select Oireachtas Committee on Justice, Equality and Defence this Friday. It is highly unusual that we must sit on a Friday to enforce the Government's will because it will obviously bring it forward for Report Stage next week. I want to bring a number of justice Bills to the Taoiseach's attention and I want an answer as to when they will be brought before the House. I think his behaviour is shameful. The Bills are the Criminal Justice (Spent Convictions) Bill, the Garda Síochána (policing authority and miscellaneous provisions) Bill to set up a new Garda authority, the Criminal Justice (Mutual Assistance) (Amendment) Bill 2014, the Assisted Decision-Making (Capacity) Bill, the Criminal Law (Sexual Offences) Bill, the international protection Bill, the mediation Bill, the judicial council Bill and the Legal Services Regulation Bill. None of these Bills has come through the Houses. Hundreds of thousands of people are waiting on these Bills, but the Civil Debt (Procedures) Bill is being brought through before the summer recess to enforce Irish Water's authority. When will all these Bills, some of which we have been waiting for for years to come through the Houses, finally get dealt with? The Taoiseach's behaviour is outrageous.

Sometimes when members of Deputy Mac Lochlainn's party sit here for five hours and delay time it is not in keeping with good conduct either. Some of the Bills mentioned have been through the Seanad, some are awaiting Committee Stage in the Dáil and some are not published. If the Deputy please gives me the list he read out I will respond to him in detail.

When will the Aarhus convention Bill be published, in light of the amount of planned renewable energy projects throughout the country? Many communities are most anxious that the Bill be published so they may have a meaningful input into the planning decision that will affect them.

I do not have information about the publication of a Bill in this regard, but I will advise Deputy Corcoran Kennedy of the position.

I will give the Taoiseach a third opportunity to answer on the housing issue in Dublin City Council.

No, this is promised legislation.

It is about Government policy-----

No, it is not Government policy-----

-----after the Jonathan Corrie situation.

-----on the Order of Business. That is the problem.

Dublin City Council turned around 230 voids with the money it got from the Government. It turned around another 200 without money from the Government and it still has 230 to turnaround.

Thank you Deputy, I think the point has been made.

The money is not coming through and there needs to be a debate in the Chamber on it. If the Taoiseach is going to the sub-committee will he ask the Minister to come to the House to explain to us what the situation is?

I think the point has been made already.

I do not think so.

Where is the opportunity to come back in here and report to us? We will be closing the Dáil in ten days.

A request for a debate has already been made by Deputy McDonald.

Will the Taoiseach ask the Minister, Deputy Bruton, or the agencies to get involved with C&C Group and Bulmers in Clonmel? Strike notice has been issued by Unite for this day week. It is very serious. We lost grants during the week.

The Ceann Comhairle gave us a Topical Issue debate yesterday.

We need action because very important jobs-----

Not on the Order of Business.

I am asking under the industrial relations (amendment) (No. 2) Bill.

When will we have the industrial relations (amendment) (No. 2) Bill?

I am asking for the machinery of the State to get involved.

The Industrial Relations (Amendment) Bill is in the Seanad.

I have two items. The other is a very serious matter in Tipperary as two young men lost their lives four years ago.

No, hold on a minute.

Will the Taoiseach ask the Minister for Transport, Tourism and Sport-----

I call Deputy Ellis.

It is under the maritime (international conventions and safety) Bill.

What does that have to do with somebody in Clonmel?

It is a maritime issue. These men lost their lives off Helvick Head.

The Deputy is abusing the privilege I am giving him.

No. The Minister will not meet these people.

Resume your seat.

I am not abusing privilege. I am asking about legislation.

There is no need for a preamble.

Deputy Mattie McGrath is raising an important point as two people lost their lives but I am not sure what relevance the maritime issue has to Tipperary.

There was no proper investigation by the Marine Institute. The Minister will not meet these people.

The Minister for the Environment, Community and Local Government, Deputy Alan Kelly, has repeatedly said he will introduce urgent legislation to bring about rent certainty. When will that happen? Will it come under the auspices of the Residential Tenancies Act 2004? It is a really urgent issue.

That is a part of the package of measures that the Minister has referred to and which I expect he will produce shortly.

Is there a date?

When is publication expected of the domestic violence Bill that will bring about a consolidated version of the Domestic Violence Act 1996, including additional provisions to protect victims of domestic violence? When is publication expected of the trust Bill, which will reform and consolidate the law relating to trustees so as to deal better with and protect trust assets?

There is no date for the publication of the trust Bill. I can confirm that the heads of the domestic violence Bill are at an advanced stage in the Department of Justice and Equality. I will advise Deputy Butler of the progress being made there.

The first recommendation of the Commission for the Economic Development of Rural Areas, CEDRA, report relates to the development of a rural economic development policy statement. Will the Government bring that forward?

The Minister of State, Deputy Ann Phelan, is dealing with that issue. A range of issues is relevant and the CEDRA report feeds into the regional development plans. The plan for the south west, if it has not been launched, will be launched very shortly. There is an opportunity for Ministers and others to work together in the interests of provincial and rural Ireland.

Should we expect a supplementary budget from the Government, and particularly the Minister for the Environment, Community and Local Government, Deputy Kelly, having committed €18.5 million to Dublin City Council for the provision of homeless services?

I do not expect any consideration will be given to supplementary budgets until very late in the year. There will be no consideration of anything like that in the immediate future.

Will the Government still be here?

It was all bluster so.

The mediation Bill has been promised for a considerable time. What is its current progress and when is it likely to come before the House? Have the heads been cleared? The environmental liability Bill is equally important. Is its appearance imminent or have the heads been cleared?

The heads of the second Bill were cleared a number of years ago but there is no date for its publication. The heads of the mediation Bill were cleared and it is due for publication in the next session.

When will we see publication of an updated gambling control Bill to address issues relating to the outdated gambling legislation? This is now affecting legitimate traders, as the Acts do not really cater for online gambling or the modern way gambling has developed. The Ceann Comhairle has given much latitude on the homelessness issue and indicated that it does not arise on the Order of Business but perhaps we could benefit from a debate about how Dublin City Council finds itself with a shortfall.

By the same token it cut its property tax rate. It is a housing authority but does not have the same funding available. That puts pressure on commercial rate payers in the delivery of Dublin City Council's mandate.

That is a distraction.

Fine Gael wants higher property taxes in Dublin now.

I do not have a date for the gambling control Bill. It is a complex area but I will update Deputy Mulherin on the progress made.

Sitting suspended at 1.05 p.m. and resumed at 2.02 p.m.
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