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Dáil Éireann debate -
Thursday, 23 Mar 2006

Vol. 616 No. 6

Order of Business.

It is proposed to take No. 14, Criminal Law (Insanity) Bill 2002 [Seanad] — Order for Report, Report and Final Stages; No. 12, National Sports Campus Development Authority Bill 2006 — Second Stage, resumed; and No. 15, statements on care for the elderly, to be taken at 1.30 p.m., and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 15 shall, if not previously concluded, be brought to a conclusion at 3.30 p.m., and the following arrangements shall apply: (i) the statement of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, to be called upon in that order, shall not exceed 15 minutes in each case; (ii) the statements of each other Member called upon shall not exceed ten minutes in each case; (iii) Members may share time; and (iv) a Minister or Minister of State shall be called upon to make a statement in reply that shall not exceed five minutes.

There is one proposal to put to the House, that for dealing with No. 15, statements on care for the elderly. Is it agreed? Agreed.

Before I turn to the Order of Business, I would like to take up something very briefly. On Tuesday the Taoiseach sought to misrepresent the basis on which I had made a statement regarding Garda numbers and falling detection rates, suggesting that I knew that there had been a cull of Dublin Garda stations to strengthen the National Bureau of Criminal Investigation. I had no such knowledge, and last night the Minister for Justice, Equality and Law Reform embellished that by suggesting that I had tabled a narrow technical question to produce an extremely misleading impression.

I categorically reject that. The replies to the two questions in which I sought information on the strength of the Dublin metropolitan area were presented in the way in which the Minister had always presented it. In the first of those two questions, I sought information on the central units that operated in the Dublin metropolitan area. However, the Minister's reply read as follows.

There are no central units of the DMA. [...] A number of national units are located in the Dublin metropolitan area [...] These units provide specialised policing services on a nationwide basis and the tables above do not include the members included in these units.

I used the format in which the Dublin metropolitan area's strength has always been presented, the end-of-December figures that the Minister used to indicate Garda strength. I reject the Taoiseach's attempt to misrepresent my position and the follow-up by the Minister for Justice, Equality and Law Reform, Deputy McDowell, in his letter to all Deputies.

Hear, hear.

Let us address the Order of Business.

On the Order of Business I would like to raise an issue that I know is central to the concern of the Tánaiste and Minister for Health and Children, Deputy Harney, namely, the nursing home legislation. We know that in 2001 the Ombudsman found that the health boards generally withheld the information from people that they were entitled to public nursing home beds, and many ended up in private nursing homes because that fact has been concealed from them. The Government's health strategy said it would set out a clear legal basis on which eligibility for nursing home care could be decided, clarifying exactly the position regarding the Health Act 1970 when it was clear that anyone who held a medical card was entitled to appropriate care.

The Minister produced a Bill this week that has not in any way clarified the eligibility of those who hold medical cards.

The content of the Bill may not be discussed.

This concerns the legislative programme. When will we see legislation from the Minister to clarify the exact legal rights of those who hold medical cards but who have not been allowed into public nursing homes and find themselves having to fund care in private ones? Why is it not being produced in tandem with other Bills that we have seen in the past two weeks?

Deputy Joe Higgins may speak on the same subject.

Will the Tánaiste confirm that I heard correctly on RTE radio this morning that she proposes to hand the care of our elderly people over to a money-grubbing private American-based franchise, which will rip €10——

The Deputy is speaking about the contents of legislation. That is not in order.

It will rip €10 for every hour a home carer would work caring for the elderly. The Tánaiste will not resource the public home help system——

The Deputy is not in order.

——yet she proposes this.

We are on the Order of Business.

There is a legislative point which was raised this morning. The so-called Comfort Keepers website——

The Deputy cannot raise it on the Order of Business.

——states that it will bring the comfort business to Ireland. I know the Progressive Democrats Party takes the biscuit——

The Deputy is talking about the contents of legislation.

——for crassness when it comes to how the health service should be treated.

I ask the Deputy to resume his seat.

Rather than asking the Tánaiste when the legislation will be introduced or whether this will be put on a statutory basis, I ask her, for the sake of decency and our elderly, to scrap this crass incredible privatisation.

Deputy Bruton is correct. The Health (Nursing Homes)(Amendment) Bill, which was published yesterday, will deal with certain legal issues and will ensure that we have primary backing for the subvention scheme. It is being done on the advice of the Attorney General. The wider issue of eligibility and entitlement is the subject of ongoing work within the Department of Health and Children and legislation will be forthcoming as quickly as possible. It is a mammoth piece of legislation which deals with the issue of nursing homes as well as the wider issues of eligibility and entitlement.

The Government's agenda includes policy proposals that have been prepared in respect of care of the elderly in order that we have equity of care between those who are in public institutions and those in private nursing home care. At present, the Government is deliberating on this issue. A small Cabinet sub-committee has been established to deliberate in respect of the policy agenda. We hope to make a decision in this regard quickly as, given the demographics of our population, it would clearly be unsustainable for every person over 70 to be entitled to nursing home care free of charge. That simply would not be affordable. We must have a fair and equitable system based on means and co-payments by the State and the individuals or their families, if possible.

I asked about the——

I call Deputy Rabbitte, on the Order of Business. We cannot have a discussion on the contents.

I asked about legislation.

The new Bill will allow me to make regulations to change some of the existing criteria in respect of how the family home is calculated and so on. This Bill, which was published yesterday and which we hope will get through the House very quickly, will allow us to make regulations to change the existing manner in which the family home is taken into account as notional income. At present, this puts nursing home subvention care beyond the reach of many people who have an average family home, which is clearly unacceptable.

Lots of Bill, but no cheer.

What about franchises? The Tánaiste refuses to——

The Chair has called Deputy Rabbitte.

Clearly legislation is required to support this franchise idea.

The Chair has called Deputy Rabbitte.

I am not franchising anything.

The Tánaiste is not answering.

No legislation is promised in this regard. It would be normal for a company to establish itself.

The Tánaiste will simply hand care over to an American private franchise, just like that.

The people involved are Irish.

They are not Russians anyway.

A Deputy

Or North Koreans.

Like Deputy Bruton, I also received this extraordinary letter from the Minister for Justice, Equality and Law Reform last night. I thought I was the only one who received it.

He is also the Minister for television.

It proves beyond any doubt that there are more gardaí now than there were in 1997. All Members knew that. Since then however, we have had an extra 500,000 people as well as a few hundred thousand extra crimes. He indicts Deputy Bruton for comparing the end of the year, 31 December with 31 December. He states that one should compare yesterday, 21 March with 21 March. I have some difficulty with this.

He goes on to state that in Deputy Bruton's case, "solely relying on the response to a narrow technical question produced an extremely misleading impression". The only meaning one can draw from that is that Members should not rely on answers to parliamentary questions from his Department any more.

However, that is not the best bit. He finishes by stating, "for those who are making statements based on statistical information and indeed those receiving statements, my Department's door remains open to provide background briefing on the context in which that information should be viewed". Is the Minister saying that we should clear our press statements with him in future?

That would be a good idea.

They would be accurate anyway.

Is this facility available to all Members of the House? It seems clear that we cannot rely on parliamentary questions. Will this service only be provided for the Department of Justice, Equality and Law Reform or will it be provided by other Ministers? In cases where Members cannot rely on parliamentary questions, will the Ministers help them with the true answers and will they draft the statements for them?

That is a good idea.

The Department for the propagation of the faith.

Will Ministers collectively be obliged to go through the Ministry for information on St. Stephen's Green?

He will not even come into the House to answer questions.

For example, will the Ministry for information on St. Stephen's Green deal with the problem the House is having with the Health Service Executive?

Hear, hear.

No Member can get an answer regarding any aspect of the health service, no matter how urgent it may be. Will the Tánaiste also consider subcontracting that to the Minister for Justice, Equality and Law Reform, in order that Members can go directly to St. Stephen's Green, push a button and get the information from the Minister?

It is an open door policy.

The Progressive Democrats should stop digging.

I know it depends on the door being open. Apparently there has been a problem in that regard.

Will census enumerators be obliged to report to the Minister on these statistics or can Members rely on any statistics that do not have the endorsement of the Minister for Justice, Equality and Law Reform?

He will control all information.

This is a novel breakthrough in governance and will certainly reduce the Opposition parties' financial obligations. They will be able to have their press statements released by the Minister for Justice, Equality and Law Reform. He will correct the statistics and put out the information. Will the Tánaiste state whether this has been approved by the Government and whether answers on the Health Service Executive in particular can go directly to the Minister for Justice, Equality and Law Reform, Deputy McDowell?

I can see why——

No legislation is promised in this regard.

The Minister is sitting in a draught.

While I am loath to add to the workload of the Minister for justice and lack of remorse, I would sign up to his vetting service in the knowledge that I should say the opposite of anything he might say.

I refer to the Bill sponsored by the Department of Justice, Equality and Law Reform on the Government's priority listing which has not been published and for which no indication has been given on when they will be debated in this House, namely, the civil law miscellaneous provisions Bill, the defamation Bill and the fines Bill. Is the Minister the cause of the manner in which the Government's legislative programme has become clogged up? He has a need to re-invent every Bill he brings before the House, depending on what he reads in the daily newspapers.

He does not have time. He is working for RTE now.

All those Bills will be published during this session.

We have had a greyhound doping Bill. Should the House consider a justice minister doping Bill?

Humour was never Deputy Jim O'Keeffe's strong point.

The same could not be said of Deputy Roche.

In light of the existing difficulties in the area of adoption, when will the adoption (Hague Convention, adoption authority and miscellaneous) Bill be brought before the House?

Given that the Minister for Justice, Equality and Law Reform, Deputy McDowell, has shown clearly that he has control over who can or cannot attend RTE debates, when will the broadcasting authority Bill be introduced, so that the background to that situation may be discussed?

In light of the announcement by the Minister for Agriculture and Food that she intends to introduce new proposals for the survival of farming, when can Members have a full debate on that issue and, as a matter of urgency, on the redistribution of the milk quota?

The Tánaiste on promised legislation.

The legislation will be published later this year. Clearly, the latter matter does not require legislation and that would be a matter the Deputy should discuss with the Whips.

Can we have agreement on that?

This concerns information and truth as well. On Transport 21, I received an answer from the Minister for Transport last night on the location of the new station at Spencer Dock. I discovered from his answer that it is to be located north of Sheriff Street — Spencer Dock is, in fact, on the quay, which is why it is a dock — and that people who will get the privilege of using this will now have to walk 800 metres to potentially——

Is this about promised legislation?

Bear with me, a Leas-Cheann Comhairle. They will have to walk more than 800 metres to access the pedestrian footbridges to the south city or walk a quarter of a mile to Connolly Station. What is included in the Estimates for this Spencer Dock development? The Opposition, unlike the Minister for Justice, Equality and Law Reform, Deputy McDowell, who has an open door——

That question is not in order on the Order of Business.

We were not invited to this launch but the Minister appeared in a hard hat in the newspaper in some unknown location——

Health and safety.

——that we now find out is north of Sheriff Street. The late Deputy Lawlor often upped the addresses of areas so that, rather than perhaps being in Clondalkin, they became Lucan. There will now be a railway station north of Sheriff Street which is to be called Spencer Dock and the docklands.

This is not appropriate on the Order of Business.

What is Deputy Burton's point?

The Opposition has really lost it here.

What Estimate has been provided for the station?

I will draw Deputy Burton a map. She should not worry about it and keep taking the tablets.

The Minister also acknowledged——

It does not relate to promised legislation.

I have been down there and it is north of Sheriff Street.

The Deputy is out of order now.

The Minister does not even know.

This is the Order of Business.

Where was the Minister's photograph taken?

A Leas-Cheann Comhairle, stop it. This is a joke. At least we are building it.

Was it on some site or was it just a recycled photograph?

Deputy Burton is not in order. Her question is not in accordance with Standing Orders.

That is what people from Clonsilla must put up with — a train station north of Sheriff Street and then a mile-long walk into town.

Does Deputy Burton not want it?

The matter has nothing to do with the Order of Business. I call Deputy Durkan.

Of course we want it but we want it going to Connolly Station——

Then would Deputy Burton make up her mind what she wants?

——and we want it going to Westland Row. We do not want people walking miles to finish their journeys.

On promised legislation, would the Tánaiste indicate whether the Deloitte & Touche report will be published before the introduction of the single electricity market Bill and, if not, why?

The legislation will obviously be published this year. If there is not commercially sensitive information in reports, they are always published. That report has not yet been received by the Government.

Has the Minister kept it a secret?

It has not yet been received by the Government.

A number of people have the report already. The Tánaiste should look for it.

The Tánaiste will recall that at one time the British Government renamed Long Kesh as The Maze. On another occasion, it renamed Windscale as Sellafield.

Sheriff Street has just been called Spencer Dock.

It is about the same as calling Deputy Ó Caoláin's crowd a constitutional party.

The most bizarre of them all appears to be the Tánaiste and Minister for Health and Children, Deputy Harney's, proposal to rename the accident and emergency units as admission lounges, which I noted from the newspapers this week. She is now in the business of introducing admission lounges. I wonder when we will get the opportunity to question the Tánaiste on this. If we submit questions to her, as has been pointed out earlier, she will kick to touch by referring them to the HSE. I disagree with the earlier speaker. It is not the HSE on which we need to focus but on the Tánaiste because she has no difficulty answering oral questions as they are presented. It is the written ones she refuses to countenance.

As the oral questions present no difficulty to the Tánaiste and in the interests of better accountability for her and her Department to this House, would she ensure that there is a greater number of opportunities for oral questions to the Tánaiste and Minister for Health and Children in order that Members may be informed properly of the responses to their questions? We are being left in a limbo, devoid of responses. A vacuum of information exists on a raft of questions that are building up month after month. There is no accountability. Until such time as she presents herself in this House more frequently and allows Members to get through a greater raft of questions, we simply will not make progress. The situation is serious. What does she intend to do about it? Perhaps she will also tell us a little about her admission lounges.

On the same issue——

Strictly speaking, it is not about promised legislation so it is not in order.

I can certainly refer to promised legislation. Now that the Tánaiste has returned, would she indicate to the House how this problem will be resolved? There is a serious problem now in the form of a deficit of information that could lead to serious risks occurring in the health services because of this lack of accountability. I tabled a question to the Tánaiste and Minister for Health and Children on 25 November.

We all are in the same boat.

It was referred to the HSE and I still await a response. That is not acceptable within this Parliament and this democratic system. While the Tánaiste and Minister for Health and Children has a certain reputation of demanding accountability of others and has no difficulty coming into this House and demanding rigorously accountability and responsibility from others, she refuses to take responsibility in her area where we, as public representatives, are unable to access information that is important to our constituents and to the running of the health service.

The Chair understands that this matter is coming up at a Committee on Procedure and Privileges meeting next week at the request of the Labour Party.

I welcome that very much and appreciate that it is a genuine step forward. This is a serious matter. Unless we have the goodwill of the Tánaiste to resolve the problem, the Chair's efforts will not go far enough. Will the Tánaiste acknowledge her responsibility in a situation where information is not being received by public representatives and is not being recorded in the way appropriate to parliamentary questions.

There is no legislation promised in this area. Recently Professor Drumm wrote to every Member of the Oireachtas on the parliamentary affairs unit that has been established and is being strengthened within the HSE.

He is the fall guy.

No, there is no fall guy.

I raised it several times.

They know nothing anyway. We try to get the information. What else would they expect?

Clearly, nobody could expect that day-to-day operational issues which involve a couple of million people a year could be answered in this House by the Minister for Health and Children.

What about policy?

There is no difficulty on policy issues.

Professor Drumm's letter set down timeframes for answering parliamentary questions.

We are not asking him but the Minister.

He is not elected.

A Deputy

Who is responsible and answerable for policy?

Please allow the Tánaiste to reply.

Under the old health board regime, people waited much longer for answers.

A Deputy

Not true.

(Interruptions).

I can show the Deputies. That is a fact. Shortly, I will attend an Oireachtas committee meeting with Professor Drumm on a number of issues. Perhaps at that meeting, which Deputy McManus and others who are interested will attend, we can discuss the issue of responses. That would be an effective way of doing it. This is a new organisation that is trying to do things in an effective way.

It is in its third year.

No, it is not.

It is in its third year.

(Interruptions).

Order, please. Please allow the Tánaiste to conclude.

It is 15 months old.

It is in its third year. It was in interim form in 2004.

It is in its third year.

I call Deputy James Breen.

It had no statutory powers in its interim form.

The Chair has called Deputy James Breen.

Some time ago the Minister for Justice, Equality and Law Reform, Deputy McDowell, set up a task force to inquire into the auctioneering business. Nothing has changed in this area because house prices are still inflated. Will legislation be introduced to control that business and to make private treaty sales more transparent?

I received a letter from Professor Drumm of the HSE. Is there a need for the Minister for Health and Children and her two junior Ministers? Perhaps Professor Drumm might be able to do her job because she certainly is not doing it.

That is not appropriate to the Order of Business.

The Tánaiste does nothing but provide a budget. She is a failure where the health service is concerned because it is a shambles. She is not helping and her predecessor did nothing for the health service. When will people die with dignity in hospitals rather than dying with a screen up around them without privacy or dignity? This is the health service over which the Tánaiste presides.

With regard to the auctioneers legislation, the Minister has established an implementation group to supervise the drafting of the legislation and the intention is to publish it later this year.

When the Tánaiste became Minister for Health and Children 18 months ago, she drew up a ten-point policy plan and foremost in the plan was the elimination of the crisis in accident and emergency departments, but that has not been done. Does she intend to review the plan or has it become a nine-point plan?

Is there promised legislation?

This is a policy matter.

The question must relate to promised legislation.

The Tánaiste stated the Government's success would be judged on how she dealt with accident and emergency departments. This refers to policy and legislation. I deal with the Mater Hospital, in particular, in the Taoiseach's constituency. When will the accident and emergency department waiting lists in all Dublin hospitals be eliminated, which was her priority? When is a priority a priority? When will it be implemented? Is she only paying lip-service to this issue and doing nothing about it?

No legislation is promised. I intend to devote all my energy to ensuring this matter is addressed because I accept it is unsatisfactory. It is shameful.

It is getting worse.

Care of the elderly is one of the issues that must be addressed because in Dublin hospitals, in excess of 400 older people have been medically discharged but suitable alternative accommodation must be found on an ongoing basis for them. That is causing a major problem. I intend to give this matter all my energy until it is addressed.

The Tánaiste should go back to her ten-point plan. She promised results within six months.

I did not.

I asked the Tánaiste a number of weeks ago for her view on a parliamentary question.

That is not in order on the Order of Business.

The question was referred back to the Health Service Executive. Is the Tánaiste allowed to have a personal view in her Department?

The question does not refer to legislation.

I do not know the question to which the Deputy refers.

That is not in order.

It is not in order to have a personal view.

I refer to measures that should be taken to correct the electoral register. The Minister of State at the Department of the Taoiseach, Deputy Kitt, outlined statistics in this regard last week. Has the Cabinet taken a decision to instruct the Central Statistics Office's 4,500 enumerators to carry two forms rather than one to each household so that, in addition to the census data that will be gathered, with which we are not trying to interfere, a voter registration form will also be delivered and collected by them? The enumerators will measure district electoral divisions, which are statistical units of the electoral register. However, the CSO does not want to deliver the registration forms. Its officials do not get elected; we do. The register is an absolute farce in terms of accuracy. A sum of €50 million will be spent to conduct the census, which is necessary. It would cost nothing extra to ask the enumerators to deliver and collect two forms rather than one. Will the Tánaiste give a direction to the CSO to make that happen?

That is a good idea.

I share Deputy Quinn's view that the electoral register is not up to date. I know from talking to my constituency workers that as they go door to door, the names on the register are very different from those of the householders.

They will get credit for the election.

Is the Tánaiste not going around with them?

The Minister for the Environment, Heritage and Local Government discussed this issue at Cabinet recently and he intends to come forward with an initiative. There may well be a role for the postal service.

His initiative will not affect the next election.

The intention is that it would. Everybody is anxious to ensure we have an accurate register because there are various consequences if we do not.

The Government has an opportunity to address this in four weeks. ESB and postal staff will not provide the data that can be collected by the enumerators. All that is needed is an incisive action from the Cabinet to direct the director general of the CSO to do the job.

The electoral amendment Bill is due for publication in mid-2006 when the preliminary census returns will be published. Given that the census will inform future constituency boundary changes, does the Tánaiste believe there is a value in delaying their publication so that other amendments can be made? There is a decent chance one of the Kildare constituencies could exceed the 30,000 population threshold set down in the Constitution.

Is there promised legislation?

No. There is no plan to redraw constituencies in the short term.

When is the national inland fisheries authority Bill expected? When will a decision be made on the Cabinet response to the national salmon commission proposals on the salmon issue or will it be postponed until after the general election?

Like everything else.

I do not have the information. The Minister for Communications, Marine and Natural Resources will make an announcement on the salmon commission proposal shortly.

With regard to the legislation on repaying illegal nursing home charges, has the Tánaiste made a decision on opting for an outside tender? She cited the cheapness of the Personal Injuries Assessment Board at €30 per case whereas when the cases were contracted out, they cost €550 each. Will she proceed with that approach? Is the defamation Bill making satisfactory progress?

I understand it is.

Common abuse is not defamatory.

The task of repaying up to 60,000 families is a mammoth task for the heath service administration. Outside assistance is desirable and the HSE has gone to tender. Two weeks ago, the executive was down to three companies and it was examining those tenders. Whether it has been finalised in the past two weeks——

It is a total waste.

It is not. The system will be clogged for years if we do not bring in outside assistance.

The Department of Social and Family Affairs made repayments a number of years ago.

Will the Tánaiste consider Deputy Quinn's request? The only thing preventing his suggestion from happening is that we are hidebound by tradition. Why can the Cabinet not make a decision to cause the CSO enumerators to deliver the second form? We are asking them to deliver and collect it accurately, not to assist people to fill in the form. Why can it not be done? Is it pure tradition in that we never did it this way, so we will not do it? Why can it not be considered rationally by the Cabinet and an instruction given?

I agree with the Deputy.

We cannot have a discussion with it.

We should have a discussion because we are always selling ourselves short in the House. It is in our interest and the people's interest and I agree with the proposal. Why can we not do something that makes common sense? People are being paid to do a job in a month's time and this proposal should be agreed by the Cabinet. The local authorities have let the side down because they are not doing the job.

There was a time when the members of political parties used to take responsibility for the electoral register. When I first became involved in politics, it was the task of party members to ensure it was up to date. There is validity in what the Deputy says and I have discussed the matter with the Chief Whip who is pursuing the matter. The route the Deputy suggests makes sense, but I do not know whether it will be selected. I am told the CSO says it would be very cumbersome. If it is not that route, we will ensure some route is found to get the register in order before the next election.

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