Vol. 669 Thursday, No. 4 4 December 2008 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 4 December 2008. Requests to move Adjournment of Da´il under Standing Order 32 ……………… 713 Order of Business ……………………………… 713 Planning and Development (Enforcement Proceedings) Bill 2008: First Stage ………… 728 Criminal Justice (Drug Trafficking) Act 1996: Motion ………………… 728 Finance (No. 2) Bill 2008: Allocation of Time Motion ………………………… 728 Financial Resolutions …………………………… 729 Social Weflare (Miscellaneous Provisions) Bill 2008: Report Stage (resumed) and Final Stages … … 732 Ceisteanna—Questions Minister for Education and Science Priority Questions …………………………… 780 Other Questions …………………………… 791 Adjournment Debate Matters …………………………… 797 Messages from Select Committees ………………………… 797 Estimates for Public Services 2008: Message from Select Committee …………… 797 Adjournment Debate Financial Services Regulation ………………………… 797 Social Welfare Benefits …………………………… 800 School Accommodation …………………………… 802 Questions: Written Answers …………………………… 805 DA´ IL E´ IREANN ———— De´ardaoin, 4 Nollaig 2008. Thursday, 4 December 2008. ———— Chuaigh an Leas-Cheann Comhairle i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Requests to move Adjournment of Da´il under Standing Order 32. An Leas-Cheann Comhairle: Before coming to the Order of Business, I propose to deal with a number of notices under Standing Order 32. I will call the Deputies in the order in which their notices were submitted to my office. Deputy Finian McGrath: I seek the adjournment of the Da´il under Standing Order 32 to debate the following urgent matter of national importance, namely, the recent information that members of the British National Party are living and operating in this country, particularly in Santry, Sligo, Galway and Kerry;—— A Deputy: They are looking for European seats here. Deputy Finian McGrath: ——and to call on all Members of the Oireachtas to ensure that this group does not get a footing on the island; and, further, to call on all elected Members to work against racism and sectarianism; and, finally, to call on all Deputies and Senators to ensure that respect for diversity and human rights is at the top of our political agenda. Deputy James Bannon: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the fact that one in six people was at risk of poverty last year according to the annual survey of income and living conditions; and the rise, as reported by the Central Statistics Office, in the proportion of older people and working poor in this category. An Leas-Cheann Comhairle: Having considered the matters raised, they are not in order under Standing Order 32. Order of Business. The Ta´naiste: It is proposed to take No. 8, motion re proposed approval by Da´il E´ ireann of the Criminal Justice (Drug Trafficking) Act 1996, back from committee; No. 8a, Finance (No. 2) Bill 2008 — allocation of time motion for select committee; No. 8b, Finance (No. 2) Bill 2008 — Financial Resolutions; No. 21, Social Welfare (Miscellaneous Provisions) Bill 2008 — Report and Final Stages (resumed); No. 22, Electoral (Amendment) Bill 2008 — Order for Report, Report and Final Stages; and No. 20, Nursing Homes Support Scheme Bill 2008 — Second Stage (resumed). 713 Order of 4 December 2008. Business [The Ta´naiste.] It is proposed, notwithstanding anything in Standing Orders, that Nos. 8, 8a and 8b shall be decided without debate. In the case of No. 8b, Financial Resolutions Nos. 1 to 30 shall be moved together and decided by one question which will be put from the Chair. The proceedings of the resumed Report and Final Stages of No. 21 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m. today by one question, which will be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Social and Family Affairs. An Leas-Cheann Comhairle: There are two proposals to put to the House today. Is the proposal for dealing with Nos. 8, 8a and 8b, without debate, agreed? Deputy Richard Bruton: The time allocation motion has only come to my notice now. Effec- tively, the allocation the Ta´naiste is proposing is putting in the first three hours of the debate, which is to run for perhaps 16 hours, most of the things that would be of interest to the committee to tease out. I suggest that fewer sections should be dealt with in the first three hours of debate and that time should be made available to debate sections that otherwise would be guillotined under the allocation of time motion before they are reached. An Leas-Cheann Comhairle: Is the general order acceptable? Deputy Richard Bruton: In terms of the time allocation, the general order is fine but too many sections have been assigned to the first three hours where the bulk of the interest will be, so we will not get to debate many of the Government’s proposals. Deputy Emmet Stagg: It was agreed at the Whips meeting last night. The Whips understood that the spokespersons and the Minister had agreed to the allocation, but I am sure the Ta´naiste will agree to changes within that parameter. The Ta´naiste: I would not have any problem. I think we can deal with that. An Leas-Cheann Comhairle: Very good, so the general time allocation is agreed. The Ta´naiste: We can arrange the process to facilitate the Members’ discussions. I will speak to the Minister about it. An Leas-Cheann Comhairle: Is that agreed? Agreed. Is the proposal for dealing with No. 21, Social Welfare (Miscellaneous Provisions) Bill 2008 — Report and Final Stages, agreed? Deputy Caoimhghı´nO´ Caola´in: It is not agreed. Deputy Enda Kenny: I am opposed to guillotining this matter. The unemployment figures published yesterday show projections for an unemployment rate of up to 12% by the end of next year and into 2010. Is there any intention to further amend this Bill, for example, to facilitate employers who take on new employees next year, so that they will not have to pay PRSI for 2009? As I have often said before, I am opposed to the principle of a guillotine. An Leas-Cheann Comhairle: Those matters can be discussed during the debate. Deputy Eamon Gilmore: The Labour Party is also opposed to the guillotine on this Bill. As I understand it, amendment No. 11 of a total of 45 amendments has been reached on Report Stage. As there are many critical issues which affect people on social welfare, I do not believe the Bill should be guillotined. 714 Order of 4 December 2008. Business Deputy Caoimhghı´nO´ Caola´in: As with the other Deputies, I strongly oppose the prop- osition to guillotine the final passage of this Bill. As Deputy Gilmore has indicated, only 11 of 45 amendments have been addressed at this point. Clearly, these matters are of great import- ance, so the opportunity should be afforded to all Members to engage properly on the amend- ments they have tabled. I ask the Ta´naiste to extend the time so as to allow the process to conclude naturally. The Ta´naiste: I cannot agree and we will move the motion. Question put: “That the proposal for dealing with No. 21 be agreed to.” The Da´il divided: Ta´, 71; Nı´l, 61. Ta´ Ahern, Dermot. Healy-Rae, Jackie. Ahern, Michael. Hoctor, Ma´ire. Ahern, Noel. Kelleher, Billy. Andrews, Barry. Kelly, Peter. Andrews, Chris. Kenneally, Brendan. Ardagh, Sea´n. Kennedy, Michael. Aylward, Bobby. Kirk, Seamus. Blaney, Niall. Kitt, Michael P. Brady, A´ ine. Kitt, Tom. Brady, Cyprian. Lenihan, Brian. Brady, Johnny. Lenihan, Conor. Browne, John. McEllistrim, Thomas. Byrne, Thomas. McGrath, Mattie. Calleary, Dara. McGrath, Michael. Carey, Pat. McGuinness, John. Collins, Niall. Moloney, John. Conlon, Margaret. Moynihan, Michael. Connick, Sea´n. Nolan, M. J. Coughlan, Mary. O´ Cuı´v, E´ amon. Cuffe, Ciara´n. O´ Fearghaı´l, Sea´n. Cullen, Martin. O’Connor, Charlie. Curran, John. O’Dea, Willie. Dempsey, Noel. O’Flynn, Noel. Devins, Jimmy. O’Hanlon, Rory. Dooley, Timmy. O’Keeffe, Batt. Fahey, Frank. O’Rourke, Mary. Finneran, Michael. O’Sullivan, Christy. Fitzpatrick, Michael. Power, Peter. Fleming, Sea´n. Power, Sea´n. Flynn, Beverley. Ryan, Eamon. Gallagher, Pat The Cope. Sargent, Trevor. Gogarty, Paul. Scanlon, Eamon. Grealish, Noel. Treacy, Noel. Hanafin, Mary. Wallace, Mary. Harney, Mary. White, Mary Alexandra. Haughey, Sea´n. Nı´l Bannon, James. Crawford, Seymour. Barrett, Sea´n. Creed, Michael. Broughan, Thomas P. Creighton, Lucinda. Bruton, Richard. D’Arcy, Michael. Burke, Ulick. Doyle, Andrew. Burton, Joan. Durkan, Bernard J. Carey, Joe. Enright, Olwyn. Clune, Deirdre. Feighan, Frank. Connaughton, Paul. Ferris, Martin. Coonan, Noel J. Flanagan, Charles. Costello, Joe. Flanagan, Terence. Coveney, Simon. Gilmore, Eamon. 715 Order of 4 December 2008. Business Nı´l—continued Hayes, Brian. O’Donnell, Kieran. Hogan, Phil. O’Dowd, Fergus. Kehoe, Paul. O’Mahony, John. Kenny, Enda. O’Shea, Brian. Lynch, Ciara´n. O’Sullivan, Jan. Lynch, Kathleen. Perry, John. McCormack, Pa´draic. Quinn, Ruairı´. McEntee, Shane. Rabbitte, Pat. McGinley, Dinny. Reilly, James. McGrath, Finian. Shatter, Alan. McHugh, Joe. Sheahan, Tom. McManus, Liz. Sheehan, P. J. Mitchell, Olivia. Sherlock, Sea´n. Morgan, Arthur. Stagg, Emmet. Naughten, Denis. Stanton, David. Neville, Dan. Upton, Mary. Noonan, Michael. Varadkar, Leo. O´ Caola´in, Caoimhghı´n. Wall, Jack. O´ Snodaigh, Aengus. Tellers: Ta´, Deputies Pat Carey and Niall Blaney; Nı´l, Deputies Paul Kehoe and Emmet Stagg. Question declared carried. Deputy Enda Kenny: I have three questions for the Ta´naiste. Yesterday morning the Minister for Finance gave a strong hint that the national pay deal may be renegotiated. The Taoiseach, in his response to questions here yesterday, said a conclusion would be arrived at in negotiation with social partnership and last night a statement was issued from the Government.