An Ceann Comhairle:   The Deputy is extending the issue beyond all relevance. Deputy Fergus O’Dowd: In view of the €150 million cutback in the regional and local roads programme—— An Ceann Comhairle: This issue cannot be discussed on the Order of Business. Does the Deputy have a question on legislation? Deputy Fergus O’Dowd: When will the road traffic Bill be introduced and will it include a provision in regard to the mandatory testing of persons at the scene of accidents? An Ceann Comhairle: The content of legislation cannot be discussed, as the Deputy well knows. The Taoiseach: The road traffic Bill will be introduced in this session. Deputy Fergus O’Dowd: When will there be reform of the Road Transport Act 1932, as promised by the Minister for Transport, in view of the serious cutbacks in Bus Éireann services throughout the State, including commuter and rural transport services? An Ceann Comhairle: Is an amendment to the Road Transport Act 1932 promised, Taoiseach? Deputy Fergus O’Dowd: It is promised. The Taoiseach: The public transport regulation Bill will be published later this year. Deputy Thomas P. Broughan: I concur with Deputy Deenihan on the important issue of speed cameras and with my colleague, Deputy O’Dowd’s views on road safety. One of the problems with this and other enforcement issues is that they are passed between the Departments of Justice, Equality and Law Reform and Transport, as the Ceann Comhairle will be well aware. An Ceann Comhairle: The Deputy makes an interesting point but we cannot have a discussion on it on the Order of Business. Deputy Thomas P. Broughan: There is a problem in this regard. An Ceann Comhairle: There are many problems but I must move on. The Deputy must ask a question that is in order. Deputy Thomas P. Broughan: As the Ceann Comhairle will be aware, the speaker in the neighbouring jurisdiction has been removed. It is important to allow the Opposition to have its say. This Friday and Friday week are the two final deadlines for the SR Technics bids process. Does the Taoiseach intend to cut through the current charade and take a hands-onapproach? An Ceann Comhairle: I remind the Deputy that he has had several opportunities to raise this matter. He may not raise it on the Order of Business. I must move on. Deputy Thomas P. Broughan: As another deadline approaches, this issue is critical. An Ceann Comhairle: The Deputy may not raise it on the Order of Business. Deputy Thomas P. Broughan: I have another question on the various transport and traffic Bills which have not yet been brought before the House. The services of Bus Éireann, a company recognised in a recent Deloitte report as highly efficient, have been decimated. The parties in government have indicated they will renegotiate the programme for Government and place a strong emphasis on public transport. Two years into the term of the Government, this commitment is laughable. An Ceann Comhairle: The Deputy must ask a question that is in order. Deputy Thomas P. Broughan: Will the Taoiseach provide time to have a discussion on Bus Éireann before the forthcoming elections? An Ceann Comhairle: I assume that is a matter for the Whips. Deputy Bernard J. Durkan: On Thursday last, I raised under promised primary and secondary legislation conservation measures proposed by the Minister for Communications, Energy and Natural Resources in the area of eel fisheries in accordance with an EU directive that such legislation be enacted. I also raised the concerns of the Joint Committee on European Affairs about the severity of the Minister’s proposals and referred to the legislation in question. By coincidence, over the weekend the Minister enacted the first element of his legislative proposals, namely, a three year total ban on eel fisheries. This was done as part of a proposed 90 year ban on eel fisheries. As a sportsman, the Ceann Comhairle will be aware that eel fishery interests in this country are very concerned about the ban. Yesterday, the joint committee expressed concern at the failure of the Minister to give any indication—— An Ceann Comhairle: We cannot discuss eels on the Order of Business. Deputy Bernard J. Durkan: ——that he might in some way accommodate the concerns expressed at a previous meeting of the committee. An Ceann Comhairle: The Deputy must ask a question on legislation. Deputy Bernard J. Durkan: Is it possible to have the Minister appear before the House or Joint Committee on European Affairs to outline his innermost thoughts on the subject? Deputy Michael D. Higgins: He is a slippery Minister. An Ceann Comhairle: While I am sure the Minister’s innermost thoughts on the question of eels are interesting, the matter cannot be raised on the Order of Business. The Deputy will have to have a chat with somebody else about it. Deputy Bernard J. Durkan: The decision to enact the legislation over the weekend is a dismissal of the importance of the House and one of its committees and will have serious implications. An Ceann Comhairle: Does the Deputy have a question on the Order of Business? Deputy Bernard J. Durkan: When will the Minister come into the House to discuss the issue? An Ceann Comhairle: That is not relevant to the Order of Business. We have been discussing this matter for five minutes. Deputy Bernard J. Durkan: It has not been five minutes. Last week, I referred to the fisheries (consolidation) Bill and secondary legislation. When will the Minister come before the House to address these issues? An Ceann Comhairle: That is not relevant to the Order of Business. The Taoiseach: The fisheries (consolidation) Bill will be published next year. Deputy Bernard J. Durkan: I was given a very short answer to a very complicated question. That is the problem in this House; Members are given short answers to everything. The font of wisdom and knowledge is not necessarily located on that side of the House. The Taoiseach: I gave a full and succinct answer. The Bill will be published next year. Deputy Bernard J. Durkan: Will the Minister remain invisible in the meantime? The Taoiseach: The Deputy addressed me. Deputy Pat Rabbitte: Having discussed the issue with Deputy Howlin, any move by Deputy Broughan to follow the example of the House of Commons will not be supported by backbench Labour Party Deputies. An Ceann Comhairle: That is very reassuring. Deputy Charles Flanagan: Did Deputy Rabbitte really discuss the matter with Deputy Howlin? The Taoiseach: They are an inseparable team.  Finance Bill 2009: Financial Resolutions.
The Taoiseach: I move the following Financial Resolutions: THAT section 97 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a deduction against rental income of interest on borrowed money employed in the purchase, improvement or repair of a premises, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
THAT Part 22 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains the provisions relating to dealing in or developing land and disposals of development land, be amended in the manner and to the extent specified in the Act giving effect to this Resolution to provide for the ending of relief from income tax in respect of income from dealing in residential development land and for the treatment of losses from dealing in residential development land.
THAT—
(a) section 268 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which sets out the various types of industrial buildings and structures for the purposes of Part 9 of that Act and associated matters, and
(b) section 316 of that Act, which sets out the rules for the interpretation of references to ‘capital expenditure’ (as used in Part 9 of that Act) and for determining when such expenditure is incurred,
be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
THAT Part 22 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains the provisions relating to dealing in or developing land and disposals of development land, be amended in the manner and to the extent specified in the Act giving effect to this Resolution to provide for the ending of relief from corporation tax in respect of profits or gains arising from dealing in residential development land and for the modification of the relief for losses incurred from dealing in residential development land.
THAT section 626B of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for an exemption from tax in the case of gains on certain disposals of shares, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
THAT in the Taxes Consolidation Act 1997 (No. 39 of 1997)–
(a) provision be made for a scheme of tax relief for companies incurring capital expenditure on intangible assets, and
(b) sections 247, 288, 615, 617, 755, 756 and 768 be amended,
in the manner and to the extent specified in the Act giving effect to this Resolution.
THAT paragraph (b) of subsection (2) of section 97A (inserted by section 72(1)(c) of the Finance Act 2008) of the Finance Act 1999, which provides for payments in respect of heavy oil used for private pleasure navigation, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
That in the Value-Added Tax Act 1972 (No. 22 of 1972)–
(a) section 7, which relates to waiver of exemption, be amended to ensure no unjustified entitlement to VAT credit arises under the capital goods scheme for VAT on certain types of properties, and
(b) section 7B, which relates to transitional measures in respect of a waiver of exemption, be amended to ensure there is no indefinite deferral of the VAT when a taxpayer disposes of certain types of properties.
Question put and agreed to. Finance Bill 2009: Allocation of Time Motion. The Taoiseach: I move: That, notwithstanding anything in Standing Orders:
(1) The proceedings in the Select Committee on Finance and the Public Service on the Finance Bill 2009, on Thursday, 21 May, shall be brought to a conclusion in accordance with the following timetable:-
| | Proceedings: | To conclude not later than: | | | Chapters 1, 2, 3 and 4 of Part 1 (sections 1 to 10) | 1 p.m. | | | Chapters 5 and 6 of Part 1 and Part 2 (sections 11 to 18) | 5 p.m. | | | Parts 3, 4 and 5 (sections 19 to 28) and the Title | 7 p.m. |
and where proceedings have not concluded by the stated time, they shall be brought to a conclusion 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 Finance or a Minister of State, nominated as substitute on his behalf, and the Question shall dispose of all amendments addressed to the Part of the Bill to which they refer.
(2) Where a division is claimed on the proceedings on the Finance Bill 2009, in the Select Committee on Finance and the Public Service, other than on a Question put as provided for in accordance with paragraph (1), the taking of such division and the putting of any Question contingent thereon shall be postponed until-
(a) immediately before the time next appointed for the putting of a Question in accordance with paragraph (1), or
(b) in the event of such Question not being put, when proceedings in Committee on the matters which would have been decided by the putting of such Question have been otherwise completed.
(3) The Select Committee shall, in accordance with Standing Order 87, send a message to the Dáil in relation to the completion of its consideration of the Finance Bill 2009, not later than 26th May, 2009.
Question put and agreed to. Criminal Justice (Miscellaneous Provisions) Bill 2009: Order for Second Stage. Bill entitled an Act to give further effect to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, and to give effect to the Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System, and for those and other purposes to amend the European Arrest Warrant Act 2003, extend the application of the Data Protection Acts 1988 and 2003 and amend the Extradition Act 1965, to amend the law relating to the regulation and control of firearms and ammunition and for that and other purposes to amend the Firearms Acts 1925 to 2007, to amend certain other enactments and to provide for related matters.
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I move: “That Second Stage be taken now.” Question put and agreed to. Criminal Justice (Miscellaneous Provisions) Bill 2009: Second Stage. Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I move: “That the Bill be now read a Second Time.” I am pleased to have this opportunity to introduce the Criminal Justice (Miscellaneous Provisions) Bill 2009 to the House. The Bill contains a range of different measures which it is appropriate to address by way of legislation at this time to further improve the overall criminal justice system and update existing statutes in some areas where it is decided there is a need to do so. I will first address the issue of firearms. I am determined to ensure that a gun culture is not allowed to form in this State. That determination has shaped my thinking in shaping this Bill, a substantial and important part of which is devoted to the licensing of firearms and associated issues. In total, there are 17 firearms and offensive weapons related sections which can be grouped into the following categories: public safety and control issues; technical matters; and efficiency and modernisation measures. I will deal first with the sections which deal with matters of public safety and control. Section 28 addresses the licensing of handguns. For more than 30 years prior to 2004, all handguns were effectively banned in this jurisdiction. Following a series of judicial decisions, however, almost 2,000 handguns have been licensed in the past five years. This has come to pass without Government, Oireachtas or public policy decision and has resulted in an unacceptable new trend in the growth of handgun ownership which the House should now end. It would be disturbing if the assumption that a positive outcome for some shooting interest groups in some judicial review cases on licensing matters was somehow seen as an accretion of rights. This is flawed logic and I want to dispel any notions that there are any inherent rights to be considered here. I am aware that some people have a strongly held view that once they are of good character and make the necessary secure arrangements for the storage of their firearms, they should be free to have firearms of any kind licensed to them. I do not agree with this view as it would constitute an unacceptable position where our gun laws could mirror those of countries such as those of the United States. If the current position were to continue unchecked, this scenario would be realised. We cannot allow this to happen. It is my duty as Minister to call “Stop” and address the current specific issues and longer-term strategic issues at the heart of thismatter. I would never be satisfied with circumstances in which firearms were freely available or, as in some jurisdictions, a notification system were in place under which one purchases a firearm and informs the authorities afterwards. I was conscious of the remarks made by Mr. Justice Peter Charleton in the High Court last July that a reasonable person is entitled to feel alarmed at the proliferation of handguns. I am aware, too, of calls made by many Members of the Oireachtas from parties on both sides to address this matter. It was against this background that I directed my Department and the Garda Síochána to carry out an urgent and intensive review of the firearms law. Following from that review, my proposals for reform in this area include a ban on issuing new licences for handguns, although there will be limited exceptions for handguns designed for use in connection with competitions governed by International Olympic Committee regulations. As I announced at that time, those who already have licences can, when they are due for renewal, apply to have them renewed albeit under the new licensing procedure where the safety of the community will be paramount. Deputy Pat Rabbitte: I apologise for interrupting the Minister. Am I the only one who does not have a copy of the script the Minister is reading? It would be useful to have it. It is the tradition that we ought to have it. Acting Chairman (Deputy Noel O’Flynn): We seem to have only a summary. Deputy Dermot Ahern: I will deal with that. In the wake of my announcement in November last I received a number of representations, both for and against the handgun ban, but I especially note the endorsement by the chief inspector of the Garda Síochána Inspectorate who draws on her own very considerable experience of policing in the United States. She was quoted as saying that many guns used in the commission of crime in the United States are guns that have been stolen from their rightful owners. A number of handguns here have been stolen from licence holders. Those guns, by definition, are immediately in criminal hands. I stress that it is not only the possibility of licensed firearms falling into the hands of criminals which concerns me. There are other issues involved and, in particular, I regard the growth of a handgun culture as not acceptable. The International Action Network on Small Arms reported at the time of the announcement: “Unlike the UK, which imposed the ban in response to the Dunblane school shooting in 1996, the Irish government decided to act before a major tragedy involving handguns occurs”. It is right that we take this action now rather than endure a tragedy at some point in the future when people would rightly ask us, as politicians, why we did nothing in advance to prevent it, particularly in view of the recent statement by Mr. Justice Charleton in the High Court. I also intend, in section 29, to prohibit the form of target shooting known as practical or dynamic shooting. This type of shooting involves firearms being used in simulated combat or combat training and is anathema to most target shooters. In so far as it is akin to police and military tactical training it is an undesirable activity not rooted in any tradition in Ireland and one which should not have any place in our society. I am informed that the majority of mainstream shooting organisations in Ireland have disassociated themselves from it, and this speaks volumes. Section 31 brings under tighter control the importation of firearms and ammunition by specifying that such importation may only be made by a registered firearms dealer on foot of an importation licence having being granted by my Department. As well as assuring greater control, this measure also anticipates the EU weapons directive. In Irish law firearms are already divided into two categories, those being non-restricted and restricted. The Bill proposes a measure to increase the sophistication of our ability to categorise firearms. It introduces the concept of a prohibited firearm, and section 25 proposes that the Minister for Justice, Equality and Law Reform should have the residual powers to be able to declare certain firearms and ammunition to be prohibited. I will, in consultation with the Garda Commissioner, keep the situation on firearms licensing under review in the interests of public safety. This residual power will, in particular, allow me to address any issues which arise threatening the safety of the community. It is important to stress that my proposals will not impinge adversely on the activities of the vast majority of licensed firearms holders in this country. I recognise that those firearms holders pursue their legitimate interests in a law abiding way and I am anxious to have a well regulated sector in which those interests can be successfully pursued, in co-operation with the relevant authorities. |