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Dáil Éireann debate -
Tuesday, 26 Feb 2002

Vol. 549 No. 3

Order of Business.

The Order of Business today shall be as follows: No. 21, motion re Revised Estimate for Public Services – Vote 44; and No. 5, Social Welfare (Miscellaneous Provisions) Bill, 2002 – Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m. and that No. 21 shall be decided without debate and any division demanded thereon shall be taken forthwith. Private Members' Business shall be No. 118, motion re sub-post offices.

There are two proposals to put to the House. Is the late sitting agreed to?

I reiterate that the Labour Party is not satisfied with the way business has been organised this month and we are not satisfied with what has been proposed for the month of March. We would prefer to have regular three day sittings through March as proposed by the Labour Party Whip.

As the Deputy opposes the Order of Business I will put the question.

Question, "That the late sitting be agreed to", put and declared carried.

Is the second proposal, No. 21, on the motion re Revised Estimate for public services, agreed to? Agreed. We now move to leaders' questions.

As the Taoiseach is probably aware, earlier this afternoon the result of the INO vote on strike action, called for as a result of difficulties in accident and emergency units, was announced and 93% of nurses represented by that organisation have voted for industrial action on 13 March. In another development, the IMO, which represents 5,200 doctors throughout the country, stated that standards in accident and emergency units do not even reach minimum standards of quality. I put it to the Taoiseach that this is an appalling indictment of the Government's health policy and that the statement by the IMO and the actions of nurses represented by the INO is a public indication that health professionals have no confidence in that policy.

Does the Taoiseach agree that in the past two and a half years there has been a marked deterioration in the delivery of health services and that this is manifest in today's decision to which Deputy Noonan referred? What explanation can he provide for this internal collapse in the administration of the health services? What has gone wrong? Why is it that, notwithstanding the substantial additional increases in taxpayers' money provided, the system appears to be in a daily state of chaos? Is the Taoiseach in a position to offer an explanation? Does he agree it might be better if he visited more accident and emergency wards and fewer official openings of pubs in order that he might discover, firsthand, what has gone wrong?

I have visited numerous of the excellent new hospitals and accident and emergency units throughout the country.

All is well.

These are state of the art facilities that are well staffed with excellent people who work hard. Unfortunately, however, that does not apply to every hospital. It would be nice if industrial relations difficulties did not occur, but that is not the case. The result of the ballot of nurses announced today means that they will engage in industrial action to secure improvements in accident and emergency services and their action is aimed at particular places. The Minister for Health and Children, Deputy Martin, recently met union officials and outlined the initiatives he had already taken. These were welcomed by the representatives. He also outlined those that would be taken to alleviate the diffi culties being experienced in accident and emergency departments. He asked the union to postpone its action to allow negotiations on the outstanding issues to continue and emphasised that a number of additional consultants and staff has been deployed at accident and emergency hospitals. After the meeting, the Minister requested the chief executive officers of the voluntary hospitals providing accident and emergency services and the chief executive officers of the health boards to engage with the Nursing Alliance in each accident and emergency department with the aim of addressing current difficulties. There is no doubt that such difficulties exist and that in some hospitals they can be alleviated while in others they remain acute.

The Health Service Employers' Agency is hosting a meeting with the relevant parties on Thursday at which will be discussed the issues arising in relation to the difficulties in the service provided in a number of locations which have been highlighted by the INO. Following a recent announcement by the Minister, arrangements are under way for the establishment of a forum to consider these areas. He has already outlined the steps he believes should be taken to alleviate current difficulties. It must be pointed out, however, that the type of difficulties to which I refer do not arise at numerous hospitals. I hope the meeting to take place on Thursday will lead to useful debate on the areas in respect of which substantive difficulties continue to obtain.

Is the Taoiseach aware that on days when he visits a hospital, the management of the institution will, that morning, have removed trolleys from corridors and cancelled appointments so that what he sees is not the reality? Is he aware that this is a reasonably well documented practice? Industrial action normally occurs because those intent on taking it are trying to improve their pay or conditions, but in this instance circumstances are entirely different. These nurses, supported by doctors, are taking industrial action for the benefit of patients because accident and emergency services are in chaos. Is the Taoiseach aware the forum on accident and emergency services of the Minister for Health and Children is the 74th such review, committee or forum he has announced since he took up his portfolio? I accept that the Minister leads a charmed life, but is the Taoiseach aware that nothing ever happens to improve the situation or that action is not taken? Given that nurses are taking industrial action in the interests of patients, will the Taoiseach make a commitment to accept the INO's ten point plan and request the Minister to implement the ten point plan, as proposed by the Nursing Alliance, in order to alleviate the crisis in accident and emergency services?

An additional 12 or 13 consultants have been appointed to accident and emer gency departments. There has also been the establishment of the 24 hour GP operative service as part of strengthening one of the areas in which major difficulties have occurred, namely, primary care. This has helped to reduce demand because patients treated under the scheme would otherwise have to attend accident and emergency departments and this creates much of the pressure on the system

Poor people who have been left without medical cards are obliged to attend accident and emergency departments.

This is an ongoing issue. The 24 hour GP service will do an amazing amount to assist in alleviating pressure in that area.

Deputy Noonan knows that it is not true to say that nothing has been done. There are now 85,000 people employed in the health service, while there were only 67,000 employed in it four years ago.

Why have matters become worse?

In the year ending last October, there were almost 2,000 more nurses working in the service than there were a few years ago.

The Government is seeking nurses in China when there are more than 20,000 registered nurses here who are not working.

The number of nurse training places has increased by 50% or 1,550 and the number of people applying for acceptance on nursing training courses has increased by 20% in the current year alone. A total of 10,000 nurses will be trained over the period of the health strategy.

(Interruptions.)

The recommendations of the Commission on Nursing are being implemented in full. All aspects which were painstakingly negotiated with the nurses are being implemented. While there are difficulties and while people have a right to seek improvements, there is no doubt that additional resources and staff have been provided. There have been 90,000 additional treatments in this year alone and 800 additional beds have been provided. The enormous developments taking place in hospitals throughout the country are being welcomed by staff and patients alike.

What about the 22 new consultants that were promised a year ago?

I call Deputy Quinn on the second matter.

There are now just three working days left before the end of teacher supervision in our schools. Is the Taoiseach aware of the widespread concern among parents and pupils regarding the lack of provision for the maintenance of services in their schools? Is he also aware of the collapse in morale among teachers because of the total failure of the Minister to deal with their concerns? Is he further aware of the real anger among parent-teacher associations in many schools because of their inability to obtain information from the building unit in Tullamore regarding the location of their applications for funding on the list of 850 schools? Will he indicate what he proposes to do within the Department of Education and Science, for which he, as Taoiseach, has responsibility, to try to ensure the proper delivery of educational services and the management of the schools building programme in a manner which people can understand?

Is the Taoiseach aware, despite the assurances given by the Minister for Education and Science that schools will remain open when the ASTI and the TUI withdraw supervision and substitution, that the situation on the ground is different? Does he realise there is widespread concern among parents and exam students, in particular, that the schools will not remain open and that, just as they approach their State examinations, they will lose a lot of time in school?

In reply to Deputies Quinn and Noonan on the industrial relations issue, the Minister for Education and Science is well aware of the situation for weeks past and has been dealing with the teachers' unions as best he can in an effort to find acceptable proposals. If the management and principals of the schools are allowed to operate the system whereby people will be employed – more than enough people across the country have indicated their willingness to take up those positions – it may not be ideal but it will certainly provide supervision. In relation to Deputy Quinn's point, I discussed it with the Minister and he will try to establish a comprehensive position across the schools, although it is difficult enough to do that. It was easier when we only had a handful of schools involved in major capital projects but there are now about 200, as well as many others at design, planning and approval stages. The resources which have been put into the capital programme are four times greater than they were and this is greatly improving our schools infrastructure. Furthermore, there are several thousand additional teachers in our educational system today.

Will the Taoiseach consider visiting the Department of Education and Science, for a change, and will he take personal responsibility, as Taoiseach, for the chaos that now reigns there? For example, in relation to the 850 schools, is he aware the Minister and his Department are giving identical written replies to questions in relation to each and every school, as if they were all at the same status and the same level? Can the Taoiseach give a guarantee to the pupils, parents and teachers of this State that he will not allow the education services to disintegrate in the same way as he has allowed the health services to disintegrate? Since the Minister for Education and Science has failed in the promise he made on 13 February, 13 days ago today, to meet the teachers' unions, will the Taoiseach now agree to meet the teachers' unions, all three of them, in a crisis meeting to avoid this catastrophe occurring next week when there will be an unprecedented withdrawal of supervision, with all that entails?

Does the Taoiseach recognise there is a crisis in two key areas of public service provision, health and education, our schools and our hospitals? Is this the final triumph of the McCreevy-Harney axis in the Government, after five years, with contempt for public services, that, notwithstanding the level of resources, the public realise, feel, sense, believe and experience crisis in our public services? Is that the Government's legacy?

I believe that the Minister for Education and Science would look more to the fact that we have smaller classes, more modern facilities and proper help for students as core elements of a record in education of which we are rightly proud, in addition to a 70% increase in resources. Class sizes have been reduced to the lowest level ever – there are 3,500 extra teachers, improving staffing ratios both in primary and second level schools. The supply of teachers is better than ever before. The Minister and I are, of course, in touch with the Irish Congress of Trade Unions and the teachers' unions with a view to achieving some success with this issue. However, Deputy Quinn is well aware of the background to this dispute and the difficulties involved in it. The Minister will continue to consult the teachers. He has already said he will meet the ASTI and the TUI.

Will the Taoiseach meet them?

The Minister is more than willing to meet them.

(Interruptions.)

On the Order of Business proper, I call Deputy Noonan.

With regard to the Campus Stadium Ireland Bill, the stadium appears to be necessary if Ireland and Scotland are successful in their application for the Euro 2008 games. To process the application, an exchange of letters with the Scottish authorities is required but I understand the Taoiseach's partners in government are unwilling to sanction this. Will the Taoiseach inform the House of the current position?

That matter would be more appropriate to a leader's question. I call Deputy Gilmore.

The Road Traffic Bill completed Committee Stage last Wednesday. While this House has been going through the exercise of putting the Bill on the Statute Book, the Irish Independent reported this morning that the Government has not made the money available to implement it. What plans, if any, has the Taoiseach to bring a Supplementary Estimate before the House to provide the €11 million required to implement the penalty points system this year, for which this House is currently legislating?

The Bill is ordered for Second Stage.

I call Deputy Gay Mitchell.

(Interruptions.)

The Taoiseach did not answer the question I asked. Has he any plans for a Supplementary Estimate to provide money to save people's lives on the roads. We are going through the exercise—

The Deputy should put down a parliamentary question. If his question was allowed now, any Deputy could ask a supplementary question on any issue he or she wished, whether it was in order, by way of inquiring about a Supplementary Estimate.

(Interruptions.)

I have called Deputy Gay Mitchell.

On a point of order, Deputies have always been allowed to ask questions about Supplementary Estimates. I am asking specifically—

Not in that manner. Deputy Gilmore is being disorderly. I call Deputy Gay Mitchell.

It is my understanding that, technically, the Protection of Human Life in Pregnancy Bill, 2002, which is a Bill within the constitutional provision, is still before the House. Section 5 of that Bill provides for orders to be made as to places where termination of pregnancy can take place and as to the evidence to be kept to distinguish between an abortion which is a criminal offence and a medical procedure which is to be allowed. Does the Taoiseach accept that it would be unthinkable not to publish the orders before 6 March and will he confirm that it is intended to publish them so that the House can scrutinise and comment on them?

Having regard to concerns expressed by doctors about the confidentiality of records, will the Government publish regulations or orders relating to the protection of medical records? There are clear indications that this issue is endangered under the Government's proposal.

On the regulations, the Minister for Health and Children has outlined outside the House the position in that regard. If Deputies wish to look at what he said, it is on public record.

(Interruptions.)

The Chair will not allow further debate on this matter. The regulations do not arise until the Bill is passed by this House. As the Bill has not been passed by this House and cannot be passed until after the referendum, the question does not arise. I call Deputy Howlin.

(Interruptions.)

There are two Deputies on their feet. Deputies McManus and Gay Mitchell are being disorderly and should resume their seats. I have explained that regulations do not arise until the Bill is passed by the House and it cannot be passed until a decision is made in the referendum.

On a point of order, there is no reason the regulations cannot be laid before the House.

That is not a point of order. I call Deputy Howlin.

(Interruptions.)

I will ask Deputy Mitchell to leave the House if he does not resume his seat. Deputy Brendan Howlin to continue.

The Taoiseach announced some time ago that he would amend the Courts and Court Officers Bill, 2001, to allow for the appointment of three additional members of the Circuit Court to serve on the Flood tribunal. I understand that the Minister for Justice, Equality and Law Reform has indicated that he intends inserting an amendment into the Courts and Court Officers Bill, 2001. The Bill is a large amending Bill which will take considerable time as there are many amendments tabled and I ask the Taoiseach, for the sake of clarity—

Can we have the Deputy's question?

It is analogous to what happened with the Human Rights Bill. I ask the Taoiseach if he will accept a simple two paragraph Bill to amend the Courts and Court Officers Bill, 2001, to allow for the additional judges who are anxious to get on with the work immediately? We will deal with this Bill properly and fully on Committee Stage rather than attempting to guillotine a very substantive Bill to do something that we could do by agreement in an hour here.

I hear what the Deputy is saying and I assume he is suggesting we do not deal with the Courts and Court Officers Bill, 2001—

No but it will take several weeks and the indication is that it will be guillotined—

I will communicate what the Deputy is saying to the Minister but, as I understand it, the present position is that some of the sections would go into the Courts and Court Officers Bill, 2001, but an amendment to the Tribunals Act is also required, which is separate.

It is separate but to clarify the point, the judges should be appointed so they can go to work immediately because they have finished their work in the Law Library. They simply want to change the number of Circuit Court judges from 27 to 30. That is very simple. The other—

The Deputy is going beyond the Order of Business.

On the topic the Taoiseach has raised, when does he intend to publish the new tribunal amendment Bill? Will he bring before the House at least the draft resolution to allow the inquiry to proceed into allegations of Garda misconduct in Donegal? Does he propose to bring the motion before the House for consideration by Members before the general election is called?

The tribunals Bill will be published shortly. The Minister is trying to finalise it this week. On the second matter, the Minister has said, either inside or outside the House, and I have seen it reported, that he hopes to do so before the summer.

Will we have it before Easter?

I raise two matters. Does the Taoiseach intend to report to the House on the outcome of his discussions with Dessie Farrell on the rebellion in the GAA against the Finance Bill, 2001?

That question does not arise on the Order of Business. Deputy Paul Connaughton.

I have a second matter, Sir.

I hope the second matter is appropriate to the Order of Business.

It is entirely appropriate, as indeed is that matter, as the Leas-Cheann Comhairle well knows. I know the game is not very strong in Cavan these days but it is still very important.

In Monaghan.

It is even worse.

(Interruptions.)

Deputy Rabbitte should ask a question appropriate to the Order of Business.

In respect of last week's announcements, does the Government intend to legislate to double the redundancy payment entitlements? Is legislation promised to do that?

I am not sure if legislation is required. If it involves only increasing the amount, it can be done perhaps by order, but I will ask the Tánaiste to check that.

The amount can be increased by ministerial order, but if it provides for a doubling of entitlement of weeks per year of service, primary legislation would be required. I ask the Taoiseach if reports that it is the Government's intention to do that in this term are true and if such legislation will be introduced.

If the Deputy is correct primary legislation might be required. I thought that the measures in the announcements of last week could be introduced by order.

When will the Government finally open the Egyptian trade for Irish cattle?

That does not arise on the Order of Business.

Last week the Taoiseach showed great interest—

The Deputy is out of order.

Full of Egyptian promise.

(Interruptions.)

Can we have ciúnas please for Deputy Joe Higgins?

(Dublin West): The Consumers Association of Ireland has pointed to a major rip-off of consumers, with prices rocketing under cover of the euro changeover. The final insult must be that the ransom to be liberated from—

Does the Deputy have a question appropriate to the Order of Busi ness? Is he asking the question in case it gets lost in a Second Stage speech?

(Dublin West): No, I am not, but I want to point out that the ransom to be paid for liberation from Dublin City Council's clampers has gone up by over €4 under the changeover. Since this House—

The Deputy is abusing the Order of Business.

(Dublin West): Does the Government intend amending the Euro Changeover (Amounts) Act, 2001, to stop this profiteering? This House—

Please, Deputy. I call Deputy Fitzgerald.

The Minister for Justice, Equality and Law Reform has said a number of times that he intends to introduce legislation to deal with serious public disorder issues and street violence. What legislation will be introduced and when?

I thank the Leas-Cheann Comhairle for letting me know about the Adjournment debate on this matter. On the proposed legislation that may be in question, the Criminal Justice Bill, I ask the Taoiseach if the incidence of street violence would be better dealt with through curtailment of pub hours and CCTV surveillance?

That does not arise. As the Deputy rightly pointed out, this matter will be taken on the Adjournment.

May I ask a question about the Bill?

On Deputy Fitzgerald's question on legislation, the Taoiseach to reply.

The Criminal Justice (Enforcement and Public Order) Bill will be taken this session.

Item 26 on today's Order Paper deals with a statement set out in a resolution relating to the Twenty-second Amendment of the Constitution Bill, 2001. Will that be withdrawn from the Order Paper?

It is time to go.

Would the Taoiseach like to phone a friend?

Or go 50:50?

No, it will not be withdrawn. It is the Schedule to the Bill.

Legislation is promised to extend the terms of reference of the hepatitis C compensation tribunal. When does the Taoiseach expect this legislation to be published? I urge him to bring it forward shortly.

The Minister for Health and Children is anxious to bring it forward. He is, as the House will know, in discussions regarding hepatitis C.

Will the Taoiseach introduce emergency legislation to get the National Roads Authority to state what roads will be built this year—

That does not arise on the Order of Business.

The Minister for Health and Children undertook that he would return to the issue of the investigation of international companies in the context of the contamination of blood products that were given to haemophiliacs. At the time this was raised by the Haemophilia Society—

That does not arise on the Order of Business.

A commitment was made by the Minister for Health and Children.

It was promised legislation

He was keen to assist in relation to this. Will legislation be introduced to establish a new tribunal to investigate the role of international pharmaceutical companies?

I recall Deputy McManus raising that issue at the time. I will ask the Minister about it. I remember it was agreed that direct discussions would take place between representatives here and the international pharmacy companies. I think that is what I said the last time the Deputy raised this matter, but I will ask the Minister to give an update on it.

Will the Taoiseach say when legislation will be introduced in regard to unclaimed life insurance policies and is it the intention to have insurance companies try to trace the relatives of people who may have died? There are many such policies which nobody has claimed.

On his recent visit to Offaly with the Tánaiste, was the Taoiseach aware of the imminent closure of Rhode power station with the loss of 200 jobs in the area?

That does not arise on the Order of Business.

The Bill is being drafted at present.

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