Vol. 729 Tuesday, No. 5 12 April 2011 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Dé Máirt, 12 Aibreán 2011. Ceisteanna—Questions Taoiseach ………………………………… 693 Minister for Health and Children Priority Questions …………………………… 705 Other Questions …………………………… 712 Adjournment Debate Matters …………………………… 720 Leaders’ Questions ……………………………… 720 Requests to move Adjournment of Dáil under Standing Order 32 ……………… 724 Order of Business ……………………………… 725 Communications Regulation (Postal Services) Bill 2010 [Seanad]: Second Stage (resumed) … … 732 Private Members’ Business Education and Training: Motion ………………………… 754 Adjournment Debate Energy Resources ……………………………… 774 Local Authority Housing …………………………… 776 Planning Issues ……………………………… 777 Health Service Staff …………………………… 779 Questions: Written Answers …………………………… 783 DÁIL ÉIREANN ———— Dé Máirt, 12 Aibreán 2011. Tuesday, 12 April 2011. ———— Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m. ———— Paidir. Prayer. ———— Ceisteanna — Questions ———— Legislative Programme 1. Deputy Micheál Martin asked the Taoiseach when details of the legislative priorities for the current Dáil session will be published [5915/11] 2. Deputy Micheál Martin asked the Taoiseach if he will provide a list of the Bills that have been restored [6851/11] The Taoiseach: I propose to take Questions Nos. 1 and 2 together. The Government’s legislative priorities up to the summer session are set out in the legislative programme published on Tuesday, 5 April. A motion restoring a number of Bills from the last Dáil to the Order Paper was passed on 23 March. I will send a list to the Deputy today. Deputy Micheál Martin: I congratulate Ministers on their ingenuity in finding ways not to acknowledge the work of those who actually prepared most of the legislation being published. It takes creativity to praise one’s own radicalism—— An Ceann Comhairle: Does the Deputy have a question? Deputy Micheál Martin: I do. It takes creativity to praise one’s own radicalism while at the same time introducing legislation published by one’s predecessor. One of the major questions is whether the legislative programme actually reflects the legis- lation we are likely to be debating for the rest of the year. No constitutional amendments have been included. Will the Taoiseach tell us whether he has a list of items such as the referendum on children’s rights and the abolition of the Seanad not currently included in the legislative programme but which he expects to include within the next few months? The Taoiseach: There is no praise involved here. As the Deputy is aware, for years at the beginning of every Dáil session the Government of the day published lists, A — Bills expected to be published; B — Bills for which the heads have been agreed and are being drafted; and C — Bills for which the heads have yet to be approved, with lists A and B being given priority 693 Ceisteanna — 12 April 2011. Questions [The Taoiseach.] and to be published in that session. However, the commitment was never lived up to, as the Deputy well knows. In the last session, the Government of which the Deputy was a member published three sessional programmes comprising 20, 14 and 23 Bills on the A, B and C lists and managed to get to only seven, ten and 11 on each list. On this occasion, I told Ministers that when they spoke to the Secretary General in the Department, they were to see to it that whatever Bills they brought forward were able to be published and dealt with in this session. This will bring a sense of reality to it rather than having a long list that might not see the light of day during the session. The question of constitutional amendments has been spoken about extensively. The Govern- ment did not commit to holding any constitutional referendum in tandem with a presidential election. However, quite a number of comments have been made by groups such as children’s advocacy groups suggesting it might be possible to deal with it that way. Obviously, the Govern- ment mentioned a number of other areas including accountability in respect of the question on the Abbeylara decision and in respect of giving protection to people who might inform public representatives as public or private citizens on issues which should be made known. These matters are being given consideration also. The Deputy is well aware that to hold any constitutional referendum, let us say in the context of a presidential election whenever that might be, it is necessary to bring forward a Bill to set up a referendum commission and the Government is giving consideration to this. I have written formally to the Attorney General to start the process in respect of the preparation of work on the question to be asked about the abolition of the Seanad which, as the Deputy is aware, cannot be abolished without the imprimatur of the people. All references to the Seanad in the Constitution will have to be taken into account and I have advised the Attorney General formally of this. Deputy Micheál Martin: Does the Taoiseach expect to bring proposals to the House in the coming months to include in the legislative programme substantive amendments to the Consti- tution? I am aware that some months in advance of the election, Fine Gael gave categoric commitments that there would be a referendum within the first 12 months if not in the autumn to abolish the Seanad and other referendums. Legislation is required to prepare to hold such referendums. Can the Taoiseach can give a timeline on the referendums to which he has com- mitted in the programme for Government? The Taoiseach: No. The Government has not decided formally on holding any constitutional referendum this year. The Government is considering whether it is feasible to hold any consti- tutional referendum this year, possibly in conjunction with a presidential election that might be held. For our part in Fine Gael, we set out a programme to allow for a series of constitutional amendments to be decided on what we called “Constitution day”, to be held within 12 months of the new Government being formed, including a complex question on the abolition of the Seanad. As the lead Department putting together the structure for a constitutional convention, my Department is working on this and I hope to bring proposals to Government on the struc- ture of a constitutional convention which would allow citizens to engage in a number of areas in which constitutional referendums might be held. This might be separate from matters on which the Government might decide as a matter of priority to hold a referendum. Deputy Micheál Martin: On the second question—— The Taoiseach: Which one is that? 694 Ceisteanna — 12 April 2011. Questions Deputy Micheál Martin: It is about the list of Bills that have been restored to the Order Paper, which the Taoiseach is due to circulate. The point I was making is that there is no acknowledgement of the work of previous Ministers in building up that legislation. Deputy Pat Rabbitte: I would have thought the Deputy would not want us to acknowledge what his party did to the country. An Ceann Comhairle: We are dealing with questions now. Deputy Micheál Martin: Yes, on the legislative programme. It is becoming unclear as to when those referenda will take place, and the Seanad one appears to be becoming more complex as the weeks go by. “Complex” is a word that is becoming more common in the Taoiseach’s rhetoric. Deputy Pat Rabbitte: The Taoiseach should acknowledge what the last Government did to the country. An Ceann Comhairle: Can we stick to Question Time please? Deputy Micheál Martin: The Taoiseach does not need to be prompted by the Minister, Deputy Rabbitte. The Taoiseach: I acknowledge the fact that the Deputy’s party in government ran the econ- omy onto the rocks and has left this Government with an almighty legacy to resolve. We will have to do that without fear or favour and with a sense of fairness and courage. I also acknowl- edge that legislative measures were prepared during the Deputy’s time in government which did not see the light of day. I have asked Ministers to reflect as accurately as possible on what can be produced in this session. As the Deputy is aware, the Dáil will sit for longer than it did previously to deal with these matters. It will return on the day after bank holidays, sit for longer periods and take a shorter break at Easter to deal with the legislative programme we have set down. I acknowledge the fact that the Deputy’s party ran the country onto the rocks and that legislation was produced during its term of office. We have not decided formally on holding a constitutional referendum this year but we are committed to following through with regard to the constitutional convention and keeping the House informed about issues that might require legislation in the context of a referendum being held. Deputy Gerry Adams: I agree the last Government ran the country onto the rocks, but that is no excuse for this Government to do it again. An Ceann Comhairle: Will the Deputy put a question to the Taoiseach? Deputy Gerry Adams: One of the Bills promised for the summer session is the electoral commission Bill. The last Government also promised to establish an independent electoral commission. An mbeidh an coimisiún seo freagrach as vótóirí a chlárú? An nglacann an Taoiseach leis go bhfuil an córas clárúcháin lochtach agus go bhfuil gá ann chun é a leasú? Will the Taoiseach clarify whether this will be new legislation or the old Fianna Fáil-Green Party Bill? Does he agree with the Sinn Féin proposition that people should be automatically regis- tered as they become eligible to vote by using personal public service, PPS, numbers? Will the new electoral commission be in place in time for the presidential election? An Ceann Comhairle: Before the Taoiseach replies, will the Deputy please refer to the questions on the Order Paper? They are about when details of the legislative priorities of the 695 Ceisteanna — 12 April 2011.