Order of Business
- Order of Business 4 speeches
The Taoiseach proposes the day’s scheduled business, which the House agrees, with brief procedural remarks from the Chair and Deputy Healy-Rae.
Enda Kenny, Seán Barrett, Michael Healy-Rae
- Discretionary medical cards 4 speeches
Deputy Ó Fearghaíl asks that legislation address delays and access to discretionary medical cards, particularly for palliative and incurable illnesses; the Chair rules the matter out of order.
Seán Ó Fearghaíl, Seán Barrett
- Antarctic treaty and climate legislation 3 speeches
Deputy Ó Fearghaíl asks whether the Government will sign the Antarctic treaty; the Taoiseach refers to forthcoming low-carbon and climate-change legislation.
Seán Ó Fearghaíl, Finian McGrath, Enda Kenny
- Workplace relations legislation 4 speeches
Following condolences for Inez McCormack, Deputy Adams asks when legislation strengthening workers’ rights will appear, including support for HMV workers; the Taoiseach expects the workplace relations Bill this session.
Gerry Adams, Seán Barrett, Enda Kenny
- Order of speakers 1 speech
The Ceann Comhairle notes that twelve Members wish to raise issues and warns of time constraints.
Seán Barrett
- Water services Bill and metering 8 speeches
Deputy Cowen questions the interim Water Services Bill, Irish Water’s authority to install meters, their cost, and arrangements with local authorities; the Chair and Taoiseach indicate details will come with later legislation.
Barry Cowen, Seán Barrett
- Abolition of the Seanad 4 speeches
The Taoiseach says the Water Services Bill is not being introduced in the Seanad out of affection for it and expects abolition legislation and a referendum proposal in the autumn.
Enda Kenny, Finian McGrath, Michael Healy-Rae
- Criminal law sexual offences Bill 2 speeches
Deputy Finian McGrath asks when the sexual offences Bill will follow the Fiona Doyle case; the Taoiseach says its heads have not been cleared and publication will be later in the year.
Finian McGrath, Enda Kenny
- Judicial council Bill 10 speeches
Deputy Mattie McGrath seeks progress on the Judicial Council Bill amid concern about judicial conduct and the Fiona Doyle case; the Taoiseach expects it later this year.
Mattie McGrath, Seán Barrett, Eric J. Byrne, Enda Kenny, Finian McGrath
- Radon-affected homes 2 speeches
Deputy Healy-Rae asks whether homes affected by radon can receive exemptions like pyrite-affected homes; the Taoiseach distinguishes radon as a naturally occurring hazard and points to existing information and testing.
Michael Healy-Rae, Enda Kenny
- Our Lady of Lourdes redress scheme 2 speeches
Deputy Ryan seeks expedited compensation arrangements for women excluded from the Lourdes redress scheme on age grounds; the Taoiseach undertakes to provide an updated position.
Brendan Ryan, Enda Kenny
- Publication of promised legislation 2 speeches
Deputy O’Dea asks about legislation on Shannon aviation services, social welfare and pensions, and Seanad abolition; the Taoiseach gives later-year or autumn timings.
Willie O'Dea, Enda Kenny
- Criminal intimidation videos 5 speeches
Deputy Ellis asks whether forthcoming criminal legislation will address threatening videos, cyberbullying and gang intimidation; the Taoiseach says the conduct is unacceptable and promises legislation later this year.
Dessie Ellis, Seán Barrett, Enda Kenny
- Climate change Bill 8 speeches
Deputy Stanley criticises repeated delays to the climate change Bill, while the Taoiseach says a low-carbon Bill will be cleared shortly and the wider legislation will follow later in the year.
Brian Stanley, Patrick O'Donovan, Seán Barrett, Enda Kenny
- Bail Bill 6 speeches
Deputy Durkan again seeks legislation allowing courts to remand certain accused persons in custody rather than on bail; the Taoiseach has no publication date but will provide an update.
Bernard Durkan, Seán Barrett, Enda Kenny
- Consumer and competition Bill 14 speeches
Deputy Butler seeks a statutory grocery-sector code and clearer country-of-origin labelling; the Taoiseach says the Bill will merge consumer and competition bodies, regulate retail conduct and address media mergers, with publication expected this session.
Ray Butler, Seán Barrett, Finian McGrath, Enda Kenny, Dara Calleary
- Assisted decision-making Bill 1 speech
Deputy Heydon also asks about capacity law reform for vulnerable adults; the Taoiseach says the assisted decision-making Bill is largely complete and should be published this session.
Enda Kenny
- Construction Contracts Bill 2 speeches
Deputy O’Donovan asks when legislation protecting subcontractors on State-funded contracts will return; the Taoiseach says amendments are still being drafted and promises an update within two weeks.
Patrick O'Donovan, Enda Kenny
- Private Members’ Bills 5 speeches
Deputy Dowds asks about the Government’s position on monthly Friday Private Members’ Bills; the Chair directs him to other procedures, while the Taoiseach supports greater backbench involvement in initiating legislation.
Robert Dowds, Seán Barrett, Enda Kenny
- Online betting levy 2 speeches
Deputy Ó Ríordáin asks when the online betting levy Bill will appear and whether its proceeds will avoid the horse and greyhound fund; the Taoiseach will provide the details later.
Aodhán Ó Ríordáin, Enda Kenny
It is proposed to take No. 11, motion re referral to joint committee of proposed approval by Dáil Éireann of the Planning and Development (Planning Enforcement) General Policy Directive 2013; No. 12, motion re membership of committee; and No. 3, Euro Area Loan Facility (Amendment) Bill 2013 - Order for Second Stage and Second Stage.
It is proposed, notwithstanding anything in Standing Orders, that Nos. 11 and 12 shall be decided without debate; Private Members' business, which shall be No. 48, Education (Welfare) (Amendment) (No. 2) Bill 2012 - Second Stage, shall, if not previously concluded, be brought to a conclusion at 9 p.m. on Wednesday, 23 January 2013; and that for the purposes of Standing Order No. 117A, the first Friday of the month for February shall be Friday, 8 February 2013 and that the time and date by which notice of a Bill in connection with that sitting shall be received by the Clerk shall be 11 a.m. on Friday, 25 January 2013, and related Standing Orders shall apply accordingly.
Comment on this
There are three proposals to put to the House. Is the proposal for dealing with Nos. 11 and 12 agreed? Agreed. Is the proposal for dealing with Private Members' business agreed? Agreed. Is the proposal for dealing with the sitting and business of the Dáil on Friday, 8 February agreed? Agreed.
Comment on this
I wish to raise two issues, the first of which relates to an issue we debated earlier. It is proposed that the health (amendment) Bill will come before the House this session. We are all struck by the irony that at a time when we are to debate a Bill which proposes to give access to health services the HSE service plan envisages 40,000 fewer people being able to avail of medical cards. I refer again to the representations to all Deputies in regard to increased delays in obtaining medical cards and major difficulties in the area of discretionary medical cards. It would appear discretion has been completely abolished. I referred earlier to the situation of the Jack and Jill Children's Foundation.
Comment on this
I ask the Taoiseach if in respect of the aforementioned legislation he will consider addressing the matter of discretionary medical cards, in particular in the area of palliative care and long-term or incurable illnesses.
Comment on this
We have heard little in this House in recent years about climate change. Some might argue we heard too much about it in the past. However, it is an important issue that concerns the people of this country. Does the Government intend to sign the Antarctic treaty? It would appear there is some confusion in the Government as to whether the Antarctic treaty is a matter which comes within the remit of the Minister for Foreign Affairs or Minister for the Environment, Community and Local Government. I understand the relevant Department is the Department of the Environment, Community and Local Government. Perhaps the Taoiseach will say if any progress has been made on this matter and if Ireland will become a signatory to that treaty.
Comment on this
The issue of discretionary medical cards can be addressed during the debate on the health (amendment) Bill which will be taken during this session. I expect the low carbon bill to be cleared in a couple of weeks. It will form part of the climate change Bill which will be produced later this year.
Comment on this
Before asking about promised legislation, I ask the Taoiseach to join with me in expressing condolences to the family of our friend, Inez McCormack. Inez, who died yesterday, was a fearless opponent of injustice and a determined champion for civil and human rights for women, workers' rights and fair employment. I would like to extend our condolences to her husband Vincent, daughter, Anne, son-in-law Mark and grandchildren Maisie and Jamie. I looked up to Inez for most of my adult life, including during the 1960s, at which time Inez, as one of a number of brave people from the Protestant tradition, took part in the march to Burntollet, a march she continued up to her death.
My question on promised legislation relates to protection of workers' rights. We recently witnessed former workers of Vita Cortex, La Senza and Lagan Brick being forced to occupy their former workplaces to get their entitlements.
We now see exactly the same situation being repeated with HMV. A related issue, on which the Taoiseach may not wish to comment, is with regard to HMV not honouring gift vouchers. In England because of public uproar-----
Comment on this
-----the administrators have bowed to this. I wonder whether the Government can intervene on this issue. When will the promised legislation to strengthen protection of workers' rights be brought forward?
Comment on this
I take it the Deputy is referring to the workplace relations Bill which will be published in this session. I know the difficulties the workers in Irish stores have with HMV. I am glad the moneys for the charitable cause for the little girl will be made available; at least I understand they will. I hope the same facility will be extended to Irish stores as is being extended to people in Britain, where vouchers held will be credited by HMV. Even though the stores are closed in Ireland it should be a matter of completion, from this point of view at least, that whatever vouchers out there would be credited in stores, either through those still open in Britain or through a facility extended in Ireland.
I agree with Deputy Adams in respect of the late Inez McCormack. She did a wonderful job for ICTU, and her courage in speaking out for progression in respect of labour rights for workers, and women in particular, is to be commended. I fully concur with Deputy Adams in this matter.
Comment on this
I call Deputy Cowen. A total of 12 Members seek to raise issues so there are time constraints.
Comment on this
An interim Water Services Bill will come before the Seanad this week which seeks to give authority to Irish Water to begin water metering. Is this at the Taoiseach's request? Does he have a new-found love for the Seanad? Is the legislation with regard to the abolition of the Seanad to be dissolved by virtue of this move? When the Water Services Bill comes before the Dáil will it be accompanied by financial details on the costs and extent of metering?
Comment on this
Who will have to pay for water metering? Will it be the National Pensions Reserve Fund or will it be foisted on home owners to pay over a longer period? Where stands the water services agreement between Irish Water and local authorities? Is this merely as we have come to expect-----
Comment on this
-----from "Hoganomics", being made up as it goes along-----
Comment on this
-----until we find out where we are at the end of the day?
Comment on this
We know the Taoiseach has no love for the Seanad.
Comment on this
I expect to publish the legislation dealing with the abolition of the Seanad in the next session and I expect to have the people answer the question in the autumn. The Bill going before the Seanad will come before the Dáil, and there will be a second water Bill later in the year when the details referred to by Deputy Cowen will be decided upon by the Government.
Comment on this
With the permission of the Ceann Comhairle I wish to express my deepest sympathy to the family of Inez McCormack. I agree with the Taoiseach and Deputy Gerry Adams that she was a great Irishwoman, a great fighter against injustice and a great trade unionist. She did much work in community politics.
When does the Taoiseach expect the criminal law (sexual offences) Bill to be introduced, particularly in light of the horrific case of Fiona Doyle which was decided yesterday? This young woman was raped and assaulted. Most Members of the House are horrified and disgusted with what happened to that poor woman.
Comment on this
That case was the subject of questions today. The heads of the Bill have not been cleared yet so it will be some time later this year.
Comment on this
Great minds think alike as I wish to raise a similar issue. The judicial council Bill will have a very important role in the review of judicial behaviour, misbehaviour or any type of behaviour. I am not alleging anything and I would not do such a thing.
Comment on this
The judicial council Bill. The entire country is talking about this issue and we cannot talk about it here. The House is becoming more irrelevant by the hour.
Comment on this
I do but we should change them. The country is talking about this.
Comment on this
Fiona Doyle's case is horrific and we cannot speak about it.
Comment on this
The remark was out of order but it is not for me to say. The Radiological Protection Institute of Ireland conducts tests on homes where radon is an issue. Pockets of the country are badly affected and people have died because of radon in their homes. Does the Government have any proposals in the environmental liability Bill or the finance Bill to exempt homes affected by radon in the same way that exemptions are being made for homes affected by pyrite?
Comment on this
Radon is a naturally occurring gas as the Deputy is aware. This issue has been raised over the years. When local authorities issue planning permission for individual or group housing they should always send out an information leaflet for persons to contact the Radiological Protection Institute of Ireland for analysis of the location where they intend to build in respect of the extent or incidence of radon which might apply. It is a naturally occurring gas and has direct implications for cancer deaths in the country. It is an entirely different matter to the pyrite issue which has been the focus of much attention in recent times. Preventative measures can be taken to deal with the question of radon gas and quite a number of companies throughout the country supply facilities to deal with it.
Comment on this
With regard to the Our Lady of Lourdes Hospital redress scheme, a commitment to the women involved was given in the programme for Government, and subsequent commitments were given by the Minister for Health, to seek a mechanism to compensate those women excluded on age grounds alone. We are told a review is under way in the Department to bring this to a conclusion and certain roadblocks are involved. Will the Taoiseach give a personal commitment that he will ask that the matter be expedited and brought to a speedy conclusion? Perhaps he can tell us where lies the review at present.
Comment on this
I cannot give the Deputy the details at present but I undertake to send him the up to date position on it.
Comment on this
I wish to inquire about a number of Bills. When can we expect to see published the Shannon aviation services centre Bill, the social welfare and pensions Bill and the amendment of the Constitution (abolition of the Seanad) Bill?
Comment on this
I already answered another Deputy in respect of the question regarding the abolition of the Seanad. I expect the referendum to be put in the autumn. The Shannon aviation services centre Bill and the social welfare and pensions Bill will be taken later in the year.
Comment on this
I am not sure whether the Taoiseach is aware that last Friday a video was put on the Internet of five people armed with three handguns and two shotguns threatening people in the Finglas area. I am sure the Taoiseach accepts this is totally unacceptable. Every year criminal justice (miscellaneous provisions) legislation is brought forward. Will the forthcoming legislation contain a provision to address the matter of intimidating videos, cyberbullying and threats by criminal gangs?
Comment on this
It most certainly is not acceptable and the question of cyberbullying is now the focus of attention of an Oireachtas committee. The point raised by the Deputy in this regard is obviously a matter for the Garda Commissioner and the Garda. It is not acceptable that such behaviour is put up on video. It is related to the work and in the interest of the Oireachtas committee dealing with cyberbullying. Obviously it will come back in here before long.
Comment on this
I wish to ask about the commitment in the programme for Government on the promised climate change Bill. We were promised the Bill last year. The roadmap has been published by the Minister and we were promised the heads of the Bill prior to the summer. Summer came and went but nothing happened.
On several occasions during the autumn we were promised that we would have it before Christmas, but the Minister did not bring it forward and neither did Santa Claus.
Comment on this
What about the Easter bunny or the tooth fairy?
Comment on this
The Minister is president of the European Council of Environment Ministers at the moment and it is embarrassing. The effects of climate change are all around us. Entire countries are facing drought and starvation, so we must play our part. When will we see that Bill?
Comment on this
We are not. The House is being fobbed off on it.
Comment on this
The matter is in two phases. The first element is in respect of the low carbon Bill, which I expect to be cleared by the Government in the next couple of weeks. That is part of the larger climate change Bill, which will be produced later on in the year. I have noted yesterday's comments by the President of the United States. Ireland will, of course, do its bit. We have set out our own principles and objectives in that regard: first, the low carbon Bill; and, later on in the year, the climate change Bill itself.
Comment on this
We have been waiting for two years.
Comment on this
May I ask the Taoiseach a question on promised legislation? In view of the recent interest in bail and the need for the Judiciary to have the option of remanding prisoners in custody - particularly those who have confessed to a crime - as opposed to remanding them on bail-----
Comment on this
It is the bail Bill, which I have raised on countless occasions over the past ten years.
Comment on this
I have bad news for Deputy Durkan to start with. I do not have a date for the publication of this legislation. I will give him an up-to-date report on the status of the Bill's preparation, but the heads have not come through yet.
Comment on this
When will the proposed consumer and competition Bill, to make provision for a statutory code of conduct for the grocery goods sector, come before the House? There are multinationals in this country whose products are labelled "of" or "for", but I do not want to see those words on any product.
Comment on this
I want to see what is being put in the products. In the last couple of weeks we have seen how incorrect material was put in, thus producing bad products.
Comment on this
We should have "Made in Ireland" put on them, which would create jobs in this country as well. We must look at this serious problem.
Comment on this
It is a very serious problem, yes, but what legislation is the Deputy talking about?
Comment on this
I want to know when the consumer and competition Bill is coming before the House. Can it be inserted in the Bill that if items are not made in this country, it should be clearly stated?
Comment on this
There is cross-party support for that.
Comment on this
The Bill deals with three matters: the amalgamation of the National Consumer Agency and the Competition Authority; providing a statutory code of conduct for the retail goods sector; and effecting the recommendations of the advisory council on media mergers. That legislation will be produced in this session.
Comment on this
The report of the interdepartmental committee on the State's involvement with the Magdalene laundries, completed by Senator Martin McAleese, is being finalised and is with the Minister. When is it intended to publish the report? Will the Taoiseach consider making the report available to survivors' groups ahead of publication?
Comment on this
As Deputy Calleary is aware, the Government requested Senator Martin McAleese to deal with this report. I understand that it is in the final stages of completion. Following the Senator's long discussions with various groups and the women involved, I am not sure whether he intends to give it to them in advance. They are pretty well acquainted with what the conclusions of the report will be. I expect it to come to the Minister in the near future. I expect it to be published and we will then have an opportunity to discuss it in the Houses.
Comment on this
Last week, I asked about legislation that will underpin the pyrite levy fund and was told it will be part of the Finance Bill. I have subsequently been contacted in writing by the Minister for the Environment, Community and Local Government who tells me it is required to be stand-alone legislation. Is such legislation likely to be brought forward quickly? Will it be published in this session? Will the pyrite resolution board do its work in parallel with the development of this legislation, or will it cause delays in delivering a solution to people who are in a dire situation?
Comment on this
This issue is of concern to a great number of people. I have been in a number of the houses affected. The good news is that a decision has been made to introduce a pyrite remediation scheme. It was hoped that this would be part of the Finance Bill, but the imposition of levies to deal with the scheme will require primary legislation. I know that the Minister, Deputy Hogan, has written to the Deputy about this matter. He said he wants to work with the Attorney General and the Parliamentary Counsel so that such legislation can be drafted and brought before the House as quickly as possible. We are aware of its urgency. It is a matter of intense concern to those families who have to deal with it every day. I would like to see the legislation being brought to the House as quickly as possible. I am not sure of the extent of the complexity involved in drafting the Bill to deal with these levies, but the Deputy has my word that the Minister and the Attorney General will give it whatever priority they can to bring it before the House as quickly as possible.
Comment on this
Following Deputy Butler's earlier point, I was going to ask about the consumer and competition Bill. I welcome the Taoiseach's response that it will come before us in this term. It is important to provide a statutory code of conduct for the grocery goods sector and how multiples deal with farmers, processors and customers.
May I ask the Taoiseach about the assisted decision-making (capacity) Bill? It is hoped this will reform the law on mental capacity, taking into account the Law Reform Commission's report on vulnerable adults and the law.
Comment on this
That is an important Bill. It is largely completed and I expect it to be published in this session.
Comment on this
I wish to ask the Taoiseach about the Construction Contracts Bill because, as he knows, there was a high-profile incident in my constituency before Christmas. A number of Deputies have raised the issue of protecting subcontractors. There is a need to ensure, with capital envelopes from the State, that subcontractors are being protected on State contracts. When will we see the legislation back in the Dáil?
Comment on this
This legislation was to be concluded before, but they are still drafting some amendments to it. I expect it will not be long before it is completed. I will give the Deputy an update in two weeks' time to see what stage the drafting of amendments is at.
Comment on this
What is the Government's general position on the Private Members' Bills that are being heard on Fridays once a month?
Comment on this
May I write to the Ceann Comhairle on the subject?
Comment on this
If the Deputy tables a parliamentary question or submits a Topical Issue matter, we will try to deal with it, unless the Taoiseach wants to comment on it.
Comment on this
It is a change here to have more involvement in drafting legislation. That is why the change was brought about in order that back bench Members would be entitled to initiate Private Members' Bills for discussion in the House.
Comment on this
The Minister for Agriculture, Food and the Marine stated recently that the Bill to bring about a levy on online betting will be coming before the House very soon. I would like to know when that will be. He also indicated that the levy would not go to the horse and greyhound fund because all levies on bets currently placed in Ireland go directly to that fund. I would like the Taoiseach's assurance that that will not happen with this new levy on online betting.