Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 27 Jun 2017

Vol. 955 No. 3

Order of Business

Tuesday's business shall be No. 8, motion re framework agreement between EU and the Republic of the Philippines, referral to committee; No. 9, motion re Educational Research Centre; and No. 2, Judicial Appointments Commission Bill 2017 - Order for Second Stage and Second Stage. Private Members' business shall be Second Stage of No. 31, Local Government (Establishment of Town Councils Commission) Bill 2017, selected by Fianna Fáil.

Wednesday's business shall be No. 2, Judicial Appointments Commission Bill 2017 - Second Stage (resumed); No. 9a, motion re parliamentary questions rota swaps; and No. 13, post-European Council statements. Private Members' business shall be No. 118, motion re anti-malarial drug Lariam, selected by Sinn Féin.

Thursday's business shall be No. 2, Judicial Appointments Commission Bill 2017 - Second Stage (resumed, if not previously concluded); No. 9b, motion re tenth report of the Committee of Selection and Appointment of Chairs; No. 3, Rugby World Cup 2023 Bill 2017 - Order for Second Stage and Second Stage; and No. 14, statements on financial emergency measures in the public interest, FEMPI. Second Stage of No. 32, Protection of Employees (Collective Redundancies) Bill 2017, will be debated in the evening slot.

I refer Members to the revised report of the Business Committee dated 26 June 2017. In respect of today's business, it is proposed that:

(1) The Dáil shall sit later than 10 p.m. and adjourn on the conclusion of Private Members' business, which shall be taken for two hours on the conclusion of the opening speeches on the Judicial Appointments Commission Bill 2017;

(2) The motion re framework agreement between the EU and the Republic of the Philippines, referral to committee, and the motion re Educational Research Centre shall be taken without debate; and

(3) The proceedings on Second Stage of the Local Government (Establishment of Town Councils Commission) Bill 2017 shall conclude within two hours.

Regarding Wednesday's business, it is proposed that:

(1) The Dáil shall sit at 10 a.m. to resume Second Stage proceedings of the Judicial Appointments Commission Bill 2017 and, if the proceedings on Second Stage conclude before 12 noon, the House shall suspend until 12 noon;

(2) The motion re parliamentary questions rota swaps shall be taken without debate and any division demanded thereon shall be taken immediately; and

(3) Post-European Council statements shall commence immediately after Taoiseach's Questions and be followed by questions to the Minister for Transport, Tourism and Sport and shall conclude after 105 minutes, shall be limited to a single round from a Minister or a Minister of State and the spokespersons of parties or groups, or a Member nominated in their stead, which shall not exceed ten minutes each, a Minister or Minister of State shall take questions for a period not exceeding 20 minutes, there shall be a five minute response from a Minister or Minister of State, and all Members may share time.

Regarding Thursday's business, it is proposed that:

(1) The Dáil shall sit at 10 a.m. to resume Second Stage proceedings of the Judicial Appointments Commission Bill 2017 and, if the proceedings on Second Stage conclude before 12 noon, the House shall suspend until 12 noon. The Dáil shall sit later than 7.48 p.m. and shall adjourn on the conclusion of proceedings on Second Stage of the Protection of Employees (Collective Redundancies) Bill 2017;

(2) The motion re tenth report of the Committee of Selection and Appointment of Chairs shall be taken without debate;

(3) If the proceedings on Second Stage of the Judicial Appointments Commission Bill 2017 conclude before 12 noon, there shall be a suspension of the sitting immediately after the voting block for 30 minutes, and if the Judicial Appointments Commission Bill 2017 resumes after the voting block, there shall be a 30 minute suspension of the sitting on the conclusion of proceedings on Second Stage of the Bill or at 3 p.m., whichever is the earlier;

(4) Statements on FEMPI shall commence on the conclusion of questions to the Minister for Jobs, Enterprise and Innovation at 5 p.m., shall conclude within two hours and ten minutes, shall be limited to a single round from a Minister or a Minister of State and the spokespersons of parties or groups, or a Member nominated in their stead, which shall not exceed 15 minutes each, a Minister or Minister of State shall make a concluding statement for a period not exceeding ten minutes, and all Members may share time; and

(5) Topical Issues shall commence on the conclusion of the statements on FEMPI.

There are three proposals to put to the House. Is the proposal for dealing with today's business agreed?

I have a query on the EU-Philippines framework agreement. We oppose that progressing without a debate in this Chamber.

The Deputy is opposing it.

I oppose it progressing to Committee Stage without a debate in the Chamber.

The Deputy can register his opposition.

May I speak on it?

Not at this stage. The Deputy may do so later on when we are taking the motion. Apart from that, is the proposal for dealing with today's business agreed? Agreed. Is the proposal for dealing with Wednesday's business agreed? Agreed. Is the proposal for dealing with Thursday's business agreed?

For a number of weeks, I have signalled at the Business Committee that we need to have a debate on the renewal of the FEMPI emergency legislation. The latter is very draconian legislation which was brought in on an emergency basis to cut people's pensions and pay, make them work hours for nothing and so on. It was all justified on the basis of an emergency. That legislation is renewed each year. The emergency is over. It is a hallmark of a tin-pot dictatorship to maintain emergency legislation after emergencies end. Mubarak did it, for example. Many other regimes do it.

Indeed. At the very minimum, we should have a vote on the legislation. As part of the debate, we should be allowed put forward motions in order that there be a vote as to whether we renew this extremely draconian legislation which impacts on hundreds of thousands of workers in this country. I would also like to point out that, having raised the matter over a number of weeks at the Business Committee, we finally secured broad agreement last week that this debate would take place on Thursday morning. It was then relegated to the graveyard slot on Thursday. Frankly, I think that is deliberate. It is because the Government does not want this issue discussed and it does not want it voted upon. It wants to have a minimum of discussion. The debate should happen on Thursday morning and there should be provision for Deputies, groups and parties to put forward motions so that we can vote on whether to renew this draconian legislation. Legislation on offences against the State has to be renewed every year. We have to vote on it because we understand how serious an infringement it is on people's rights.

The Deputy has made his point.

This draconian legislation must be voted on and be discussed in prime Dáil time.

To make it clear for the record, we did attempt to convene this debate on Wednesday or Thursday morning but the Minister was not available. It is important that the Minister be present.

Therefore, it has been scheduled for Thursday evening.

May I ask something by way of clarification? Deputy Mattie McGrath read a long Order of Business and I did not hear him read the section about Thursday's business, No. 3, which is in the written version I have. It says "on the conclusion of proceedings on Second Stage of the Bill or at 3.00 p.m., whichever is the earlier, and any division demanded shall be taken immediately". Is that in the Order of Business the Deputy read out?

That should not be there.

It should not be there.

There is no intention of having a division on Thursday evening.

It is not being proceeded with.

Deputy Mattie McGrath did not read that out.

I know that. I asked because a different version was supplied to me.

What the Deputy reads out is the key thing.

For clarification, there was a revised Order of Business sent out and that is the one which Deputy Mattie McGrath read.

Deputy Mattie McGrath is always right.

These are really matters for the Business Committee rather than matters to be resolved in this forum. The Ceann Comhairle is correct in saying that the reason the debate cannot happen on Wednesday or Thursday morning is because the Minister, Deputy Donohoe, along with a number of other Ministers, will be attending the national economic and social dialogue in Dublin Castle. That dialogue involves the social partners, unions, business groups and others.

However, I see from the agenda that two hours and ten minutes have been provided for statements on FEMPI between 5 p.m. and 7 p.m. on Thursday. I do not quite understand Deputy Boyd Barrett's definition of the graveyard slot. Many people work after 5 p.m. It is not a graveyard slot. It is not even the last thing on the agenda; a Sinn Féin Private Members' Bill will be taken afterward.

What about the votes?

It is statements.

I asked should there be a vote. The Taoiseach can answer that, can he not?

There are no votes on statements.

Statements are a mechanism to circumvent having a vote.

I imagine this is an item on which the Business Committee would have decided. I do not have a problem having a vote on it but I imagine it was something decided by the Business Committee.

That is interesting. If the Taoiseach has no problem voting, then we should have a vote.

May I clarify? The reason this is listed for statements is that it was listed for statements last year. That is the arrangement.

No, we are not going-----

The Taoiseach has no problem with a vote.

I seek clarification.

Clarification.

I do not oppose the order on the time basis, particularly if the Government facilitates motions and if we are allowed to vote. If we table motions opposing the renewal of the legislation and those can be voted upon, I will not oppose the order. If that is not the case, however, I will be opposing the order.

The proposal is as agreed by the Business Committee. It is for statements, not a motion. I imagine this could go back to the Business Committee next week and somebody could table a motion or put it down as a Private Members' motion.

Is the proposal for dealing with Thursday's business agreed? Agreed. I call Deputy Micheál Martin on promised legislation.

Regarding protecting the rights of the child, the Government has been dragging its feet on a series of legislative actions. For example, there is no sign of the child care (amendment) Bill, which is supposed to bring much-needed reform to the guardian ad litem services used in Ireland, essentially giving a voice to the vulnerable child and protecting children at their most vulnerable in the courts. Others are the gambling control Bill, designed to deal with the issue of children and gambling, the affordable child care Bill and the Adoption (Amendment) Bill. These Bills comprise a suite of measures designed to deal with issues relating to child protection and child care. As the end of this Dáil session approaches, these items of legislation are nowhere near to being brought to a conclusion. That is a particular concern. When can we expect these legislative items to be brought forward?

I call the Taoiseach on child care legislation.

The Adoption (Amendment) Bill has been through the Seanad and Dáil, and the amendments now need to be taken back to the Upper House. That is listed to be done on 13 July. Last week, I spoke to the Minister of State, Deputy Stanton, about the gambling control Bill, which is now very advanced. We hope to have that in the next session. As the Deputy says, having proper regulation in that area is long overdue. The heads of the child care (amendment) Bill were published in January and we anticipate that to be in for the next session. The affordable child care Bill has run into a number of difficulties, as Deputies will be aware. We had hoped to have that up and running for September. That will now not be the case. The child care subsidies are still being provided but this is being done through the existing schemes. We do not yet have a date as to when the legislation will go through. I anticipate that it would be done by the end of the year.

Deputy Micheál Martin seems to have changed his tune on judicial appointments since last week. He seemed to be quite happy with the procedure that he enjoyed whereby he could just have a private tête-à-tête with the Taoiseach on the relative merits of appointing-----

Questions on promised legislation, Deputy.

-----outside of any constitutional authority or any procedural regularity-----

The Deputy should not worry about it; she will be all right.

Questions on promised legislation, Deputy.

-----that I am familiar with. Those of us who support this legislation support it on the basis of modernisation, public confidence and accountability. The authorship of the legislation ought to be a secondary matter for anybody who cares about judicial appointments. I wish to raise this Bill with the Taoiseach because I am concerned about the issue of timing.

The Deputy is very worried about Councillor Paul Hogan in Westmeath.

We are now at the end of June and we will take Second Stage this week. Is it realistic to imagine that we will have all Stages of this legislation dealt with, allowing for amendment if Members so wish, and allowing the time and space for full consideration? I understand it is the Taoiseach's intention to have these matters dealt with before we rise for the recess. While Sinn Féin will support the spirit of the legislation we will debate the detail of it. We want to be assured that every Member has the opportunity to consider and amend what is essential and important legislative change.

As the Deputy is aware, debate on the Bill starts in the Dáil this evening. Nine and a half hours are being provided for Second Stage of the Bill, which is quite a lot. If it is possible for everyone to have his or her say in nine and a half hours, the Bill can then proceed to Committee Stage next Thursday and Report Stage the following Thursday.

And to the Seanad.

So, yes it is realistic that we can get the legislation at least through this House and into the Seanad before the recess. I am mindful of the comments of others. I do not want to see the legislation rushed through. If people want to have a third debate on it and to have amendments debated that should be allowed as well, but I believe it is within the capacity of this House to meet those deadlines. I do not think anybody wants the perception created that somehow the Bill is being rushed through. It has been a year in development already so it has not been rushed this far, and lots of time is being provided on Second Stage.

In 2015 we legislated for the establishment of a tenancy deposit protection scheme to be operated by the Residential Tenancies Board, RTB. In that year, the RTB had noted that disputes regarding deposit retentions accounted for 22% of all disputes. Yet, when questioned by my colleague, Deputy Penrose, it seems there is no intention of enacting a tenancy deposit protection scheme. Instead, what we understand is the Government proposes to review the scheme, which is difficult since it is not even up and running. The Government proposes to create new legislation, only the heads of which we can expect to see by the end of this year. We have already enacted legislation. What we require is a statutory instrument, ministerial action, to enact the existing legislative provision to protect tenants' deposits. Will the Taoiseach act on that?

I am afraid the Deputy will have to raise that directly with the Minister for Housing, Planning, Community and Local Government. I am in general agreement with the Deputy that we should have such a protection scheme in place. It is very important that the deposits which tenants pay are held by an independent body, not by a landlord. That should be the case for all sorts of obvious reasons. I will have to raise the matter with the Minister myself and ask him to contact Deputy Howlin directly.

A major issue has emerged particularly strongly in recent months, namely, the disposal of school land by religious orders. In my area, Clonkeen College is to lose its playing fields but a number of schools across the country have lost huge amounts of playing pitches belonging to them. They are zoned residential and potentially can be sold.

Is the Deputy talking about promised legislation?

Yes. I want to know whether the Taoiseach is considering or will consider addressing the legislative prohibition on compulsory purchase orders being imposed on school lands where those lands may be sold, consequently degrading the facilities of schools.

I will direct the question to the Minister for Education and Skills.

First, I will make the general point that the Department would only consider acquiring land where there is an identified need. We have a very detailed approach to identifying where need occurs. That is what we pursue. We obviously have a restricted budget and we have to cater for 15,000 additional pupils every year so we have to take an approach that manages our resources to provide schools in a timely manner. We apply that uniformly across the country. We are not a local authority planning what is the best development of a local area, which is a distinct and different matter, and that is governed by the development plan of the local authority. We manage where we need school grounds. As Members will have seen recently in Harold's Cross, we acquired such grounds. That is the position. We acquire them as we need them.

We have not considered compulsory purchase powers in respect of our need to do that because by and large we work with local authorities to identify needs. It has worked well. Generally, a compulsory purchase order, CPO, is a slow process and we have not favoured it to date.

Housing is now a desperate crisis. The rent cap, put in place by the Government in areas of housing pressure, is not helping the market. It is driving landlords away from the provision of social housing and is driving them into the Airbnb business. I ask the Taoiseach not to proceed any further and not to designate any other areas in the State for rent caps. It is having an adverse effect and is not helping the social housing market. I ask that the Taoiseach desists from imposing rent caps in any other part of the country.

Based on the recent numbers we have seen, rent caps appear to be working. Rent increases have moderated in the areas of rent pressure zones to which the rent caps apply, and the extension to new areas is based on the criteria as set out in the legislation. It does not apply to new landlords. If a person decides to let out his or her place or to buy somewhere with a view to renting it out, the rent cap does not apply to them. It may be the case that some people are leaving the rental market to get a better price on Airbnb, and perhaps that does happen, but there are a number of measures we shall examine between now and the budget to encourage more landlords to stay in the rental market and more people to enter the market. It is evident that once their rental property recovers in value, many people are selling on. This is part of the problem that causes a lack of supply.

Last autumn we introduced a Local Government (Mayor and Regional Authority of Dublin) Bill 2016 at the same time that Fianna Fáil Deputy John Lahart introduced the Local Government Reform (Amendment) (Directly Elected Mayor of Dublin) Bill 2016. The Minister of the time said he would revert back to us before 30 June to see how we would get a directly elected mayor for Dublin and perhaps also consider the same for Cork, Waterford, Limerick and Galway. This weekend we see that the new Minister of State with special responsibility for local government and electoral reform, Deputy John Paul Phelan, has said he believes we need four directly elected mayors for Dublin. This city needs that like a hole in the head. It is the lack of co-ordination in local government that is the real problem. Will the Taoiseach clarify the Government's plans for legislating for a directly elected mayor for Dublin? When does he expect the Government to live up to its promise of 30 June and to enter talks, as it said it would, with the Opposition parties on how we might make this work?

We have no legislation on the books, or planned at present. The new Minister of State with special responsibility for local government and electoral reform, Deputy John Paul Phelan, will respond to the Deputy before 30 June, as committed to before. During the debate on the matter at the time, we discussed the difficulty in having a Dublin super mayor over the four local authorities. What authority does such a mayor have if he or she is over four local authorities? No legislation is planned at this stage but the Minister of State will respond to the Deputy by 30 June.

The Government has made a holy mess of this.

I have a question for the Taoiseach. It is one I asked 12 months ago on a commitment made by the Government and it also relates to a commitment made by the Taoiseach, Deputy Varadkar, when he was the Minister for Health. It is about IVF support for those in need of it. At this point almost one in six couples in Ireland trying to have a child needs to have IVF treatment. At around €6,000 it is incredibly expensive. Ireland is one of only three countries within the EU that does not give any supports. I know that research was commissioned on IVF supports in other countries, and the criteria change from country to country. The research also looked at the percentage of funding given. It is about time we took this issue on board. The Taoiseach, Deputy Varadkar, and the previous Taoiseach, gave a commitment that possibly by this June we would have something. Perhaps the Taoiseach could report to the House in this regard.

We do provide some financial support, through the tax system, for example, where 20% of the cost of IVF services is tax deductible. Many of the medicines that are required for the process are made available on the drugs payment scheme and on the General Medical Services scheme.

There is some financial support, but it is much less than what is provided in other countries. My view is that as part of our normal medical services, we should provide IVF and assisted human reproduction to people who need it. The difficulty is that there is no legislation governing assisted human reproduction. It happens outside the law at present. It is neither illegal nor provided for in the law. An assisted human reproduction Bill is being drafted. We had expected the heads of the Bill by June, but unfortunately it now looks like we will not have them until later in the year.

We need to reduce rates valuations on businesses because they are leading to job losses in every county. Rates are increasing rather than decreasing and this is killing shops and businesses. The commercial rates Bill would give councillors the power to reduce bills for businesses. This will enable thousands of businesses to benefit from significantly reduced bills. The Bill would also create a level playing field whereby community rates, water rates, small and medium-sized enterprises and large multinational companies can be supported. It would ensure that taxpayers are no longer required to pay their annual bills in two instalments. The Bill would for the first time give local authorities the power to slash fixed rates for businesses. Our town centres are being decimated. Every day, someone comes into my constituency office to complain about rates. When can we expect the Bill to come before the House? I hope this is a priority for the Taoiseach.

I thank Deputy Fitzpatrick for raising this important issue. I agree that local authorities require greater flexibility in how they apply commercial rates. Perhaps a rates break could be given to new businesses. Distinctions could be made between different types of businesses on our main streets. Many such provisions are provided for in the commercial rates Bill, the heads of which were approved by the Cabinet in April. The Bill is currently being drafted.

It appears that the Judicial Appointments Commission Bill 2017, which has been the subject of a great deal of discussion, is the only substantive legislation that the Government is offering before the summer recess. My party leader has outlined to the Taoiseach some legislation that is important to him. We have given a commitment to facilitate the passage of the Technological Universities Bill and the Education (Admissions to School) Bill 2016. Little or nothing has been said publicly about the Technological Universities Bill. I wonder whether it continues to have the approval of the Government at this stage. If not, why is that the case? Institutes of technology throughout the country are quite worried about the gap or lacuna that exists. There is uncertainty in this sector as a result. I do not think the Government is doing anything to address that. We are ready and willing to pass legislation if the Government brings it forward.

A number of other Bills are going through the Oireachtas at present. For example, Order for Second Stage and Second Stage of the Rugby World Cup 2023 Bill 2017 will be taken this week. In addition, the Minister for Social Protection, Deputy Regina Doherty, will have the social welfare reform Bill ready and we hope to get that through before the recess. We are working on getting the Public Health (Alcohol) Bill 2015 back into the Houses before the recess as well. Unfortunately-----

Marcella got dropped.

I am worried that the Minister of State, who was doing quite a good job on that Bill, has been demoted.

I left the Bill in the Seanad over a year ago and it has not moved from there since.

The industry is cheering her demotion.

I think it is time for progress to be made on it. The Technological Universities Bill has been delayed. Following negotiations with the TUI - the union that represents the lecturers - it seems that 70 or 80 amendments need to be made to the Bill as a consequence of the agreement that has been reached. I am not sure if the Minister for Education and Skills, Deputy Bruton, wants to add anything to what I have said.

As I said to Deputy Thomas Byrne's party leader last week, we have a memorandum for Government. As soon as that is approved, we will proceed to drafting as quickly as possible.

It is fascinating that a trade union has secured 80 amendments, particularly as Members of this House are often unable to secure any.

One and a half pages of the programme for Government - across pages 109 and 110 of that document - are dedicated to "Protecting Farm Incomes". Where does this leave farmers in light of the fact that moves to ban splash plates for slurry spreading are being considered under the Government consultation? This would put serious financial pressure on farmers. I urge the Taoiseach and the Minister for Communications, Climate Action and Environment, Deputy Naughten, to ensure that this ban does not come into place because it would have a serious financial impact on farmers and contractors.

I understand Deputy Murphy O'Mahony also wants to talk about slurry.

My point relates to tillage. It might be the same thing.

Deputy Michael Healy-Rae's point related to splash plates.

Can we have an update on the proposed compensation for tillage farmers? Farmers, particularly those in west Cork, are eagerly awaiting the terms of the compensation.

No legislation is pending on that but I will ask the Minister, Deputy Creed, to contact the Deputies directly to answer their questions.

On page 140 of the programme for Government it mentions fulfilling the Irish Government's mandate as a co-guarantor of the Good Friday Agreement. In light of the deal done by the DUP with the British Tory party, has the Taoiseach any comment to make following the issuing of Theresa May's letter, which tells her Tory MPs, "As set out in its General Election manifesto, the Conservative Party will never be neutral in expressing its support for the Union"?

That is not an issue relating to promised legislation.

It is. It is an issue in the programme for Government and is about how the Government can fulfil its role as co-guarantor. How can it ensure the British Government fulfils its role as a neutral co-guarantor, having stated that it has no selfish, strategic or economic interest in Northern Ireland in 1994 when the Good Friday Agreement was signed?

The Government is a co-guarantor of the Good Friday Agreement of 1998. What are the implications of the letter Theresa May issued to her fellow Tory MPs?

I read the agreement yesterday and I am due to speak to the Prime Minister, Mrs. Theresa May, later this evening about this matter and the ongoing talks in Belfast. The agreement states the British Government's ongoing commitment to the Belfast Agreement but also states that the British Conservative Party is a unionist party, as if anyone did not know already. Just as that party asserts its commitment to the union, we and our parties assert our aspiration to Irish unity but, as regards the Belfast Agreement, we agree to act impartially and as co-guarantors.

That concludes questions on promised legislation. My apologies to Deputies Buckley, Carey and Durkan but we have run out of time.

I indicated also.

I did not see the Deputy indicate. We may have to look at a more effective way for Deputies to indicate they wish to raise a matter. Unfortunately, I do not have bionic eyes.

Top
Share