It is proposed to take No. a14, motion re proposed approval by Dáil Éireann of the terms of the Treaty of Lisbon; No. b14, motion re sittings and business of the Dáil; No. 3, Communications (Retention of Data) Bill 2009 — Order for Second Stage and Second Stage; and No. 4, Communications Regulation (Premium Rate Services) Bill 2009 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. a14 and b14 shall be decided without debate.

There is one proposal to be put to the House. Is the proposal for dealing with Nos. a14 and b14 without debate agreed?

There has been enough debate about the Lisbon treaty. Send it away with all our endorsement.

While I agree with Deputy Kenny in one sense, it seems strange that it is proposed to deal with a motion on this major issue, which has been debated across the length and breadth of the country over the past month, without debate. Not only will it have major implications for Ireland, Europe and the world, but it will also have substantial implications for the manner in which this House conducts its business, as it gives the Oireachtas a new statutory role. While I accept that the matter will not be debated on this occasion, perhaps the Tánaiste can tell us when Deputies will have an opportunity to discuss the implications of the Lisbon treaty for how the Oireachtas conducts its business with the European Union.

I remind the House that this is a procedural motion, setting out how these matters will be taken.

While Sinn Féin has strong views on the Treaty of Lisbon, which is the subject of No. a14, it accepts the democratic decision taken by the Irish people and will not oppose the proposal before the House.

That is a first.

As the Leas-Cheann Comhairle has rightly indicated, this is a procedural motion. It will be followed by legislation, which is to be considered by the Cabinet next week. These issues can be raised when that Bill is debated in the House.

Is the proposal to take Nos. a14 and b14 without debate agreed? Agreed. I call Deputy Kenny on the Order of Business.

I would like to ask two questions on the Order of Business. According to a report in today's Irish Independent, the outgoing chairman of FÁS, Mr. Peter McLoone, has contradicted the Tánaiste’s version of the events leading up to the decision of the board of FÁS to allow the former director general of that organisation to keep his car. According to the newspaper report, Mr. McLoone insists that “the board of the state training agency only allowed Mr. Molloy to keep his Audi A6 company car because it was negotiated in his severance agreement”. The report also states that officials in the Department of Enterprise, Trade and Employment “were informed in advance that the issue of the car was to be dealt with by the FÁS board”. On a number of occasions, the Tánaiste——

This is not in order.

This matter directly concerns the Tánaiste and Minister for Enterprise, Trade and Employment.

This is neither Question Time nor Leaders' Questions, unfortunately.

The Tánaiste has repeatedly refused to say whether she was aware in advance of the awarding of a golden handshake of €1 million and an Audi A6 car. I would like a straight answer. Was the Tánaiste informed in advance of the decision of the board of FÁS to allow Mr. Molloy to keep his Audi A6 car as part of his severance package?

Deputy Kenny knows full well that——

That is that, a Leas-Cheann Comhairle. I expect the Tánaiste to answer the question I have asked about a matter of public importance. In reply to a question on the National Assets Management Agency Bill 2009, the Taoiseach stated yesterday that the matter would be addressed in the normal way on Committee Stage. The Government invited Opposition parties to put down amendments. Can the Tánaiste confirm that time will be allowed for a debate on each and every amendment without guillotine?

The first matter is not in order but if Deputy Kenny wishes to raise it on the Adjournment, I will facilitate him.

Hold on.

I will allow the Tánaiste to reply if she wishes to do so.

It is taxpayers' money.

It is very much in order.

In regard to the legislation, it will be a matter for the Chairman of the select committee to determine how much time will be allocated to discuss relevant amendments.

I was aware that the former director general wished to retain the car. It was not within my remit to sanction that. It was a matter for the board. It went to the board, which made its decision. It was not part of the package sanctioned by the Department of Enterprise, Trade and Employment and the Department of Finance.

The Tánaiste knew in advance, therefore.

I was aware of the situation.

She knew in advance.

It was a matter for the board.

I call Deputy Burton.

Did she express a view to the board?

Did she give him a full tank of petrol as well?

I want to——

It was a diesel car.

Green diesel.

Allow Deputy Burton to speak without interruption.

Has the Government agreed a date for the budget? This question is coming close to the third mystery of Fatima. By tradition it is announced on the first Wednesday in December but the Government is refusing to confirm that, which leads me to the suspicion that it intends to announce it at the height of the Christmas party season so that the public will pay little or no attention to it.

Allow Deputy Burton to put her question.

Can the Tánaiste give us the date of the budget and can she confirm it will be on the first Wednesday in December?

The Christmas bonus has been cancelled.

Yesterday we were told by the Taoiseach that it will definitely be announced before Christmas. The custom for many people in this country is to start celebrating Christmas between the 18th and the 20th of December. If the budget is moved back, there will be no time to debate it.

The Deputy has made her point.

That was my first question.

Paddy Power should open a book on it.

We could move Christmas Day instead.

The Taoiseach said it would be announced prior to Christmas.

Which Christmas?

He has also confirmed it will be in December

Has the Deputy a second question?

We want the date. We have to do our own planning.

Has the Deputy a second question?

My second question is whether information will be published on the Estimates. It has been the tradition of this House that information is published in the middle of November so that the Opposition can understand the Government's intentions. This morning we received information that €396 million of the capital Estimate for the Department of Education and Science, or almost half of the amount provided in the emergency budget, remains unspent with three months left in the financial year. This is a serious question. If we are to conduct our business properly, we need to know the Estimates.

I wish to raise another matter which is not related to the budget.

I will return to the Deputy.

On the budget date and the preparation of the Estimates, these matters will be determined at the Cabinet meeting planned for this afternoon.

What is the position on the Estimates?

It is the same.

I will call Deputy Burton again but I now call Deputy Deasy.

Last Tuesday I raised the issue of PRSI being levied on redundancy payments to former employees of Waterford Crystal. I was subsequently contacted by several Deputies, including Deputies Aylward, Kenneally and O'Shea, and have held discussions with the Tánaiste, who gave an undertaking on Tuesday's Order of Business that she would personally examine the matter. Everyone will appreciate that she has followed through on her commitment. It is worth remembering that we are dealing with people who have lost the entire value of their pensions as well as their jobs. Last night I received a response to my parliamentary question to the Department of Finance, which clearly considers the payment as income rather than a redundancy payment.

This matter is not in order on the Order of Business.

I ask for the Leas-Cheann Comhairle's indulgence. I will be brief. The matter was passed back to the Department of Social and Family Affairs. I understand the Tánaiste has indicated that she will personally appeal this to both Departments.

This would be an appropriate matter for the Adjournment debate.

I will conclude on this point. I put down questions to the Department of Social and Family Affairs. It is important that the matter is clarified promptly. I seek an indication from the Tánaiste that it will be addressed within the coming three or four days.

This is not in order on the Order of Business.

On the same issue——

It is still not in order.

I want to balance the House by adding my voice to the concerns expressed by Deputy Deasy.

There is a big difference in the weight.

I ask the Tánaiste to use her good office on this issue which has arisen for the former workers of Waterford Crystal who lost their jobs when the company went into receivership. They have been given a small amount of money by the receiver.

This is not in order.

Some of the workers have given 39 years of service.

I ask the Tánaiste to give a brief reply on an exceptional matter without precedent.

I am aware of the situation and have been in contact with the receiver. Issues arise in regard to payments from my Department and the implications for decisions that have been made regarding the workers. I had an opportunity to speak on a personal basis with the Minister for Social and Family Affairs and we will follow up on our conversation today. I will keep all the Deputies from Waterford informed about the matter.

And Kilkenny.

And Kilkenny.

I call Deputy Crawford, who I expect will remain in order.

I will remain in order.

Always.

I cannot help but ask about the status of the legal costs Bill. These people are receiving enormous sums of money at a time when others cannot put bread on the table. We have been promised this Bill for years but it remains on the back burner.

In regard to the Department of Social and Family Affairs, a situation has arisen whereby many self-employed people, including farmers, do not have the money to put bread on the table yet their social welfare payments are calculated on last year's incomes.

That is not in order.

There is a refusal to deal with the issue.

The Deputy knows that is not in order on the Order of Business.

It is very much in order.

I am afraid that whoever is the occupant of the Chair at any given time makes that determination.

The present occupant is getting very fond of the Chair.

When is the reform Bill for social welfare recipients, lone parents and other low income families coming before the House?

The Tánaiste on two items of legislation.

The legal costs Bill will be introduced next year. No date has been set for the social welfare Bill to which the Deputy referred.

They will have to wait.

Is the Government aware that the people who have been hardest hit are those with mortgages and no jobs? Last Monday, the EBS sent letters to all their customers.

That is not in order.

It is a very important issue and I ask to be allowed to finish.

Can the Deputy relate it to legislation?

From 1 November people will have to be out of work for 90 days before they can avail of mortgage protection. The payment has also been increased by 20%.

The Deputy knows that is out of order. We cannot allow the Order of Business to become a free-for-all.

Thousands of people will be out on the streets.

It is a very important matter and may be suitable for a parliamentary question or an Adjournment debate but it is not appropriate to the Order of Business.

I want Members to realise that the EBS has moved the posts since NAMA was proposed.

The Deputy has made his point.

I wish to ask about the promised legislation on committals to prison. I ask about this because it was announced in the recent "Prime Time" programme that the Minister for Justice, Equality and Law Reform had legislation ready to reduce the number of people — one in four — who are being committed to appalling conditions in prison simply for the non-payment of fines, in other words, for non-criminal offences.

Two separate pieces of legislation have been promised over time, one of which related to a properly accountable transparent system for the prisons administration. On the second, more important one, the director of the Office of the Inspector of Prisons has described the conditions in Mountjoy Prison as inhuman and degrading and it has been promised on more than one occasion that amending legislation would be introduced to provide judges with options other than committal to prison in sentencing for such matters as the non-payment of fines. Where stands that legislation?

The Fines Bill has passed Second Stage and is coming to Committee Stage. I am aware of the views being expressed but I would have to ascertain from the Minister for Justice, Equality and Law Reform whether those issues will form part of that Bill. On the other issue raised, I will ask the Minister to contact the Deputy directly.

I was a member of the group that produced the McBride report on the prisons, which was followed by the Whitaker report. All I can say is it is a matter of the deepest disappointment how few Deputies in this House are free to speak about prison reform and to respond to what was an appalling report. I pay tribute to the director of the Office of the Inspector of Prisons as much as I say that the officials in the Department of Justice, Equality and Law Reform preside over something that is in breach of human rights. It is a scandal.

The Deputy has made his point. I promised I would call Deputy Burton again.

I am sure the Tánaiste recalls that in June the entire House agreed to a resolution on the Ryan commission report into child abuse. The Taoiseach moved that resolution to get the congregations to make further substantial contributions by way of reparation. A trust was to be established and arrangements on a compensation package to be introduced.

Is there an appropriate issue for the Order of Business?

The Labour Party used its Private Members' time before the recess to bring forward a Bill to address some of these issues but the Government, in rejecting the Labour Party's proposal, stated that it was moving apace with the material promised in the resolution. We have heard nothing. Does the Government intend to present a progress report on the Ryan commission to the House, and if so, when?

Is legislation or a debate promised in this area?

There is no debate or legislation promised.

A Leas-Cheann Comhairle, a solemn promise was given by everybody in the House to address this issue and we understood the Government was going to address it.

The Deputy has made her point. I call Deputy Durkan.

On promised legislation, when is it intended to introduce to the House a long-promised Bill to provide for the amendment of the Criminal Justice (Legal Aid) Act 1962? It is obvious that there is an urgent need for reform in this area. The Government legislation programme states that publication is expected in early 2010. In view of the need to proceed with all possible speed, has any decision has been taken?

Where stands the legislation to reform the legal aid Act?

Has any decision been taken at Cabinet level to bring this Bill forward?

Early next year.

The question was, has any decision——

On the Order of Business, we deal with the timing of legislation.

On promised legislation, we are quite entitled to ask this question. The question is whether any decision has been made at Cabinet level to expedite the process and introduce this Bill into the House.

The Tánaiste indicated that it will be introduced early next year.

No, that is on the Government legislative programme already. I am asking the Tánaiste a specific question.

Very good, Deputy. You have answered the question.

Can I have the answer?

The heads have been brought to Cabinet and the matter is being dealt with as expeditiously as possible.

I thank the Leas-Cheann Comhairle.

The Deputy is welcome.

Am I in order to ask about secondary legislation?

Indeed the Deputy is.

I just want to find out when the Minister for Agriculture, Fisheries and Food, who is here this morning, will make regulations to extend the time for spreading slurry.

Under what Act is that regulation?

The European nitrates directive.

Is there secondary legislation in this area?

There is no secondary legislation from the Department of Agriculture, Fisheries and Food. It is a matter for the Department of the Environment, Heritage and Local Government and I believe the Minister has been in touch.

There has been much slurry here all week.

It is not a matter for the Minister for Agriculture, Fisheries and Food. It is a matter for the Minister for the Environment, Heritage and Local Government. The Minister for Agriculture, Fisheries and Food has contacted the Minister for the Environment, Heritage and Local Government——

The Minister for the Environment, Heritage and Local Government is missing. We have not seen him for a long time.

——on those matters.

Will I get a response soon as to the change of dates?

An order is secondary legislation and the Tánaiste stated there is no secondary legislation. Perhaps a parliamentary question to the Minister for the Environment, Heritage and Local Government might be appropriate.

The Minister for the Environment, Heritage and Local Government must have gone in the car.

I have two questions. First, when will the mental capacity Bill be published? It is long overdue.

My other question is on promised legislation from the Minister for the Environment, Heritage and Local Government, Deputy Gormley, but I cannot see it anywhere. I see that on the list he has the control of dogs (amendment) Bill, which might be handy for Saturday, the environment (miscellaneous provisions) Bill which is about the levy on plastic bags, and the noise nuisance Bill, which, I take it, is also related to Saturday. Then he has the climate change Bill, the local government (Dublin mayor) Bill and the monuments Bill. The Minister for the Environment, Heritage and Local Government is dealing with all of the major issues of the day except the one he has been promising for the past two and a half years,——

There are a number of pieces of legislation raised.

——namely the planning Bill that he has promised more than any other Minister. "I will do", is this Minister's mantra. When will we see it?

On those pieces of legislation that are in order, the Tánaiste.

Where is the "I will do" Minister?

Saturday is the big powwow.

The Planning and Development (Amendment) Bill is in the Seanad. When it has been completed in the Seanad, it will come to this House.

What of the mental capacity Bill?

The mental capacity Bill is due early next year.

Before the summer recess the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices) Act 2009 was passed. That is to provide for reform of the expenses regime for TDs and Ministers. Since then the Minister for Finance has been sitting on that legislation. What is required is that the Minister sign regulations to give effect to that legislation. Why has the Minister for Finance failed to act in this area and when can we expect to see these long overdue regulations to restore some kind of credibility to the House?

On the secondary legislation.

Although the legislation has been enacted by this House, the Minister has indicated publicly that he proposes to introduce further reform.

Apart from the soundbites yesterday, can the Tánaiste be a little more specific about what the Minister intends to do? This was a proposal that came from the Houses of the Oireachtas Commission earlier in the year.

A parliamentary question or an Adjournment debate would be appropriate.

Legislation was drafted and passed. Can we now have a clear explanation of the way forward in terms of reforming the expenses regime? Can the Tánaiste indicate precisely what will happen now or will there be another year's delay?

There will be no delay. The Minister will introduce even more reform, over and above the legislation that has been enacted.

What is this nonsense about "even more reform"?

That matter——

Give us the reform that has already been agreed.

Get on with it.

——will be brought to the House if necessary.

I call Deputy Reilly.

A Leas-Cheann Comhairle, it is simply not acceptable that reforms are held up because of problems on the Fianna Fáil backbenches.

That is untrue.

Let us have action on this.

Deputy Reilly is called.

We all are being tarnished because of their behaviour over there——

Deputy Reilly is called.

——and we are not prepared to tolerate that.

Please, Deputy Shortall, you have had a good innings. I call Deputy Reilly.

Let us have a share in the debate on what will be done and end these soundbites from the Minister for Finance.

There are three pieces of legislation on which I wish to touch. First, I support Deputy Crawford's call for the legal costs Bill to be brought forward as a matter of urgency.

That question has already been answered.

Of €60 million to be paid out this year by the health service——

That question has already been answered.

——on medical legal cases, €20 million goes to solicitors and barristers. It is outrageous. People have had to mortgage their homes to get justice for their children. That must stop.

It is not appropriate to make a speech on legislation that has not been introduced.

I accept that, a Leas-Cheann Comhairle, but a certain degree of urgency needs to be brought to this. It is sitting there a long time.

The other issue I want to raise is the public health (alcohol labelling provisions) Bill. When is that Bill due to be published? I hope that the Bill not alone will carry the warnings and dangers of alcohol consumption, particularly in pregnancy, but will also provide for more information on the calorie content of alcohol. When will the public health (sunbeds) Bill be introduced? It is a simple proposition to ban sunbed use for under 18s. Adults are old enough to make their own decision if they want to risk skin cancer, but our children should not be exposed to it.

The alcohol legislation will be introduced next year. There has been consultation on the sunbed legislation and I believe the Minister is anxious to introduce it as quickly as possible.

I do not want to raise any hackles, but I ask the Tánaiste whether the animal health and welfare Bill will be published any time soon.

The Deputy knows the answer — on Saturday.

There has been consultation on this issue. It is a large piece of legislation. As the Deputy knows, the Minister for Agriculture, Fisheries and Food looks after farm animals. That matter will be brought to a conclusion in due course.