It is proposed to take No. 9, motion re referral to joint committee of proposed approval by Dáil Éireann of the Employment Equality Act 1998 (Section 12) (Church of Ireland College of Education) Order 2013; No.10, motion re referral to joint committee of proposed approval by Dáil Éireann of the development of a prison in the townland of Rathmore and city of Cork; No. 11, motion to rescind order of referral of the Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013 to the Select sub-Committee on Social Protection; and No. a19, Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013, on the supplementary Order Paper - Committee and Remaining Stages. 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 midnight; Nos. 9, 10 and 11 shall be decided without debate; subject to the agreement of No. 11, the Committee and Remaining Stages of No. a19 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at midnight by one question which shall be put from the Chair, and which shall, in relation to amendments, include only those set down or accepted by the Minister for Social Protection; in the event a division is in progress at the time fixed for taking Private Members' business, which shall be No. 46, Finance (Local Property Tax Repeal) Bill 2013 – Second Stage, Standing Order 121(3) shall not apply and Private Members' business shall, if not previously concluded, adjourn after 90 minutes.

Is the proposal that the Dáil shall sit later than 9 p.m. tonight agreed to? Agreed. Is the proposal for dealing with items Nos. 9, 10 and 11, motion re referral to joint committee of proposed approval by Dáil Éireann of the Employment Equality Act 1998 (Section 12) (Church of Ireland College of Education) Order 2013; motion re the development of a prison; and a motion to rescind referral of the Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013 to the Select sub-Committee on Social Protection, agreed to?

On No. 10, my colleague Deputy Billy Kelleher is very anxious that we get a commitment from the Government that the proposal for the development of a prison in Rathmore, Cork, would come back to the Dáil for a plenary discussion as there is significant concern about the nature of it. It is important that the matter would come back to the House for debate. We are opposing how the Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013 is being dealt with.

I oppose No. 11, the order to rescind the referral of the Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013 to the Select sub-Committee on Social Protection. This is an example of how this House is doing its business in the wrong way. Every Bill should go through its proper Stages as laid out in the White Paper, Regulating Better. Both parties in government agreed with this and quoted it on a number of occasions in the House. It laid out that the heads of a Bill would be published first, then debated at the relevant committee, sent back to the Minister and the Cabinet, followed by First Stage with a two week gap to Second Stage and a further two week gap between Second and Committee Stages. The problem is that legislation is being published and then rushed through the House. The most appropriate place to have a considered and informed Committee Stage debate with the Minister and her officials on the Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013 is the committee rather than on the floor of the House, as proposed today. There are occasions when it is better to have the whole Dáil meet in committee to deal with legislation. As there is no urgency attached to the Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013, it would be better to refer it to the relevant committee in order that it can analyse, add to or correct it.

On the proposal to construct a new prison in Cork adjacent to the existing prison, development consent for prison development is sought under Part 4 of the Prisons Act 2007, under which major prison developments are subject to a special approval procedure rather than the normal planning process. The main steps involved are written ministerial direction that Part 4 applies, the preparation of an environmental impact assessment, EIA, a public consultation process, a report by a rapporteur on the submissions and observations received, consideration by the Minister, approval by resolution passed by both Houses of the Oireachtas and approval confirmed by an Act of the Oireachtas. In June 2012 the Minister for Justice and Equality issued a direction, SI No. 240/2012, that the Part 4 procedures should apply to the new prison in Cork. A detailed EIA was laid before both Houses on 8 November last year and notice was given to the public of the proposed development. A rapporteur, Mr. James Farrelly, prepared a report on the submissions and observations received.

I only wanted to know whether it would be brought back for debate.

The Minister proposes to move a draft Oireachtas resolution under section 26 of the Prisons Act 2007 to give development consent for the proposed new prison in Cork. After the resolution has been approved, it has to be confirmed by an Act of the Oireachtas. The confirmation Bill will be published after the resolution is passed. The Minister is anxious that the resolution be passed by both Houses before the summer recess in order that the tendering process for the construction of the new prison can proceed. There is an urgent need to proceed with this because the situation in Cork Prison is simply not acceptable, with chronic overcrowding and inadequate prison conditions. For that reason, the Minister is anxious that the taking of the resolution be given priority in the ordering of the House’s business. Once it comes back from the committee, I see no problem in having a debate on it.

Therefore, there will there be a full plenary discussion on the development of the prison.

The Minister is anxious that it move to the tendering process as quickly as possible.

Regarding the Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013, normally the situation is in the reverse that Members want to have it discussed in the House. The Minister for Social Protection is anxious to get the Bill through before the end of the month. For that reason, it will be taken on the floor of the House during plenary session rather than at the committee. I support the Minister’s move to have it taken in the House.

Is the proposal for dealing with No. a19 agreed to?