Dáil Éireann debate -
Thursday, 24 Jan 2013

Vol. 789 No. 3

Order of Business

The Tánaiste

It is proposed to take No. 13, motion re proposed approval by Dáil Éireann of the Agreement to Improve Tax Compliance and Provide for Reporting and Exchange of Information concerning Tax Matters (United States of America) Order 2013 (back from committee); No. 14, motion re proposed approval by Dáil Éireann of the Exchange of Information Relating to Taxes (Montserrat) Order 2013 (back from committee); No. 3, Euro Area Loan Facility (Amendment) Bill 2013 - Order for Committee, Committee and Remaining Stages; No. 28, Residential Tenancies (Amendment) (No. 2) Bill 2012 - Second Stage (resumed); and No. 29, Electoral (Amendment) (Dáil Constituencies) Bill 2012 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that Nos. 13 and 14 shall be decided without debate.

An Ceann Comhairle

There is one proposal to be put to the House. Is the proposal for dealing with Nos. 13 and 14, motions on proposed approval by Dáil Éireann of agreements to improve tax compliance and exchange of information relating to taxes without debate, agreed to? Agreed.

Deputy Micheál Martin

On promised health legislation, a serious situation is developing in respect of access universal health care, which is the core aim of the Government in respect of its health policy. More than 40,000 people will have their medical cards taken from them under the health service plan and thousands of people are leaving private health insurance because of the increase in premia. Moreover, further increases will be imposed this year. Premia are at an all-time high and the accident and emergency wards are under enormous pressure. However, my point is that Members were promised the health (amendment) (No. 2) Bill, which was to deal with a wide range of eligibility issues. The health (amendment) Bill, which is a separate Bill, pertains to the extension of eligibility to medical cards. I also refer to the status of the health, private patient charges, Bill. Increasingly, people cannot make sense of what is emanating from the Minister for Health in respect of his legislative proposals and the reality on the ground in the health service. The circle cannot be squared and the situation is worsening.

An Ceann Comhairle

Thank you, Deputy, this is not an extension of Leaders' Questions.

Deputy Micheál Martin

Two years have elapsed without any governance of health.

An Ceann Comhairle

It is about the Order of Business.

Deputy Micheál Martin

While the Bill pertaining to health governance is being introduced next week, there has been no governance in health for the past two years and it is showing in terms of the management of the service itself.

Deputy Pat Rabbitte

I remember a period like that a few years ago, where there was none for four years.

Deputy Micheál Martin

When will the aforementioned three Bills come before the House?

The Tánaiste

Deputy Martin himself was Minister for Health and Children and his legacy was that he did not read his brief.

Deputy Bernard J. Durkan

Yes.

The Tánaiste

As a consequence of not reading the brief, he cost the Irish taxpayer a small fortune.

Deputy Micheál Martin

Will the Tánaiste answer the question?

Deputy Dara Calleary

I do not think the Tánaiste read his brief this morning.

The Tánaiste

However, that of course was in times when money was plentiful-----

Deputy Micheál Martin

By the way, that is not true.

The Tánaiste

-----and the Deputy thought it could be poured down the drain.

Deputy Micheál Martin

That is completely untrue.

The Tánaiste

This is the reason we have ended up in our present position-----

Deputy Micheál Martin

Telling untruths is nothing new for the Tánaiste.

An Ceann Comhairle

Sorry, would you please allow the Tánaiste to reply?

The Tánaiste

-----with an enormous mess in the public finances-----

Deputy Micheál Martin

Answer the question.

The Tánaiste

-----that the current Government must clean up after him. In good times-----

Deputy Michael Healy-Rae

The Tánaiste should look forward.

Deputy Micheál Martin

The Tánaiste should look to his own record and what he is responsible for.

An Ceann Comhairle

Thank you. When is the legislation promised?

Deputy Micheál Martin

The Tánaiste stood over that Minister when he shafted one of the Tánaiste's own Ministers.

The Tánaiste

In good times, Deputy Martin made a mess of the health services. The legislation-----

Deputy Micheál Martin

The Tánaiste lacked the bottle to take him on and allowed one of his Ministers to go.

An Ceann Comhairle

Sorry, hold on a minute. Hold on a second-----

The Tánaiste

In good times, Deputy Martin-----

An Ceann Comhairle

-----I am not putting up with this. This is about promised legislation.

Deputy Micheál Martin

Yes, and he will not answer.

An Ceann Comhairle

The Tánaiste will reply as to when the Bill is due.

Deputy Micheál Martin

He will not answer.

An Ceann Comhairle

Thank you.

The Tánaiste

You could not run the health services efficiently.

An Ceann Comhairle

Speak through me.

The Tánaiste

As for your legacy and record, your record was miserable.

Deputy Micheál Martin

I will stand over my record on the health services any day in comparison with that of you or the Labour Party.

An Ceann Comhairle

Tánaiste, speak through me please.

Deputy Micheál Martin

You allowed your Minister, who had principles, to walk away.

The Tánaiste

You left the Government with a HSE-----

An Ceann Comhairle

Hold on a second Tánaiste, I am on my feet. I am not going to tolerate this shouting and roaring across the Chamber. This is the Order of Business, where Deputies are entitled to ask about promised legislation, full stop, no speeches. Will the Tánaiste please reply to the request as to when these Bills will be introduced?

The Tánaiste

The health (amendment) (No. 2) Bill will be published this session. The health (amendment) (No. 3) Bill will be published in 2013, the health (amendment) Bill will be published in this session and the health (private patient charges) Bill will be published this session.

Deputy Micheál Martin

I thank the Tánaiste.

Deputy Bernard J. Durkan

Does the Deputy feel better now?

Deputy Pat Rabbitte

The Deputy still has not read the Travers report.

Deputy Emmet Stagg

The Deputy still did not read the briefs.

An Ceann Comhairle

I call Deputy McDonald. We do not want any speeches.

A Deputy

We definitely want to brief the Deputy.

An Ceann Comhairle

Please let the Deputy ask a question about legislation. Thank you. We have had Leaders' Questions.

Deputy Mary Lou McDonald

I refer to the Construction Contracts Bill. Members have been waiting for this legislation for quite some time. They are acquainted with the fact that subcontractors across the State are under considerable pressure and are awaiting this legislation. I understand there are Government amendments to go before the Cabinet. Can the Tánaiste indicate whether these amendments have gone before the Cabinet? Second, when will the legislation be introduced to the House?

The Tánaiste

I understand the aforementioned Bill is awaiting its Committee Stage and consequently, it already is in the House system.

Deputy Mary Lou McDonald

To clarify, the Bill is indeed scheduled to go before the committee in February. However, the difficulty is this has not been confirmed. Members await Government amendments that I understand must go before the Cabinet. As there is an urgency to this matter, can the Tánaiste state whether the amendments have gone to the Cabinet, yes or no? If so, I assume the February deadline will be met but if not, the worry is this will drag on further.

The Tánaiste

The scheduling of Committee Stage obviously is a matter for the committee. The Minister has not yet submitted amendments to the Government.

Deputy Mattie McGrath

I am delighted to note the Minister for Children and Youth Affairs is present in the Chamber, as I wish to ask the Tánaiste a question on the proposed children first Bill given the passing of the children's referendum. In addition, when will Members have a debate in this House on the Supreme Court decision that found that the present Government stole €1.1 million of the money allocated by this House to run the referendum?

An Ceann Comhairle

That is a separate issue. The Deputy must speak to his Whip about the latter. What legislation is-----

Deputy Mattie McGrath

I asked about the children first Bill, in which the Government puts so much faith. When will we have fair play and respect for children?

An Ceann Comhairle

We will deal with the fair play when the Bill comes in.

The Tánaiste

The children first Bill will be taken this session. There is ongoing consideration of the views of the Oireachtas committee, including significant policy, operational and legal issues.

Deputy Robert Troy

The Government has had them since last June.

Deputy Dara Calleary

There is a degree of confusion with regard to the status of the reports of the interdepartmental committee into the Magdalen laundries. The Taoiseach answered questions from both Deputy McDonald and me this week, in which he stated the Government has yet to receive the report and yet at the beginning of January the Minister for Justice and Equality stated he expected to receive it within days. Can the Tánaiste confirm whether the report has been received by the Government? Will the report be made available to the survivors' groups ahead of its publication?

The Tánaiste

No, that report has not yet been considered by the Government.

Deputy Dara Calleary

Has it been received by the Government?

The Tánaiste

It has not been received by the Government. The Minister will bring it when he is in a position to so do.

Deputy Robert Troy

Given the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, is due to sign a memorandum of understanding today with his counterpart in the United Kingdom on exporting energy, can the Tánaiste confirm whether the Wind Turbines Bill sponsored by Senator John Kelly, which I understand was not opposed in the Seanad, will be adopted and accepted by the Government and brought into the Dáil for debate?

An Ceann Comhairle

Is there promised legislation in this area?

The Tánaiste

Legislation before the Seanad is a matter for that House.

An Ceann Comhairle

Is it before that House?

The Tánaiste

Yes.

Deputy Robert Troy

Does the Government intend to accept it?

The Tánaiste

It is before the Seanad.

An Ceann Comhairle

As it is before that House, I am sorry but it cannot be debated in this Chamber.

Deputy Michael Healy-Rae

On the Water Services Bill, there is grave concern on foot of what has happened in respect of student grants.

An Ceann Comhairle

That Bill also is before the Seanad. I am sorry but we cannot discuss this in this Chamber until this comes into us.

Deputy Michael Healy-Rae

Yes but my point is there is great concern-----

An Ceann Comhairle

I am sure there is.

Deputy Michael Healy-Rae

-----that we will lose the local knowledge and expertise that has been built up within local authorities.

An Ceann Comhairle

You can make all these comments when the Bill comes into the House. This is the Order of Business and it is just on promised legislation. The Bill is before the Seanad.

Deputy Michael Healy-Rae

I do not want it to end up like the grants processed by SUSI.

Deputy Mattie McGrath

Hear, hear.

An Ceann Comhairle

I call Deputy Bannon.

Deputy Robert Troy

This should be good.

Deputy James Bannon

Can the Tánaiste indicate when the much-needed education (admission to school) Bill will be published in light of the ongoing problem-----

Deputy Robert Troy

Is the Deputy going back to school?

Deputy James Bannon

-----parents are experiencing in accessing places for their children in schools, following the closure of many small rural schools in areas of low population?

Deputy Robert Troy

As a result of the Government's policy.

An Ceann Comhairle

What Bill is the Deputy talking about?

Deputy James Bannon

The education (admission to school) Bill.

The Tánaiste

The heads of the education (admission to school) Bill are currently being drafted and it will be published this year.

Deputy Aengus Ó Snodaigh

I wish to raise two items of legislation. A welcome announcement was made late last year that the children's hospital would be built on a site in the grounds of St. James's Hospital. However, I note the remit of the previous development board expired in December. Legislation has been promised, for some time this year, to establish a development board for the new national paediatric hospital. Can the Tánaiste indicate that this legislation will be introduced soon in order that there is no delay in proceeding with this project?

Second, an announcement was made during the budget that control of the digital hub would be transferred to the local authority. However, as there is no legislation to underpin this in the legislative programme, is this transfer still intended? I contacted the local authority, which replied it was awaiting the legislation to give effect to this transfer.

The Tánaiste

First, the Deputy is aware that the Government has made a decision to build the national children's hospital and has made a clear decision as to its location.

There will be no delay in that project. The national paediatric hospital development board establishment order will provide for an amendment to the functions of the national paediatric hospital development board but I do not have a date for the publication of that legislation. It will not delay the building of the hospital.

With regard to the digital hub, it is intended to proceed with what has been announced. I am not clear on the legislative implication but I will get a reply sent to the Deputy directly.

Deputy Dessie Ellis

There are plans to change the tenant purchase scheme some time this year. When will legislation come before the House regarding a new tenant purchase scheme, as it is an important issue for local authorities who sell to people who wish to buy local authority houses?

The Tánaiste

A housing Bill is being prepared to strengthen the regulatory framework for social housing. The heads of the Bill are expected in spring this year and the Bill will be published this year.

Deputy Bernard J. Durkan

What is the state of the Bill to provide for exchange of criminal records and information with other EU member states? Have the heads been discussed? I refer to the criminal records information systems Bill. When is that likely to come before the House? There is also a Bill to strengthen and streamline the function of certain company law enforcement agencies and make other necessary amendments to the Companies Act. It is the companies (miscellaneous provisions) Bill. Have the heads been approved and when will the Bill come before the House?

The Tánaiste

The heads of the first Bill mentioned by the Deputy were cleared in April last year and it is expected to be published later this year. I do not have a date for the second Bill.

Deputy Róisín Shortall

I ask about two further pieces of health legislation. The first is the Health Service Executive (Governance) Bill 2012 which we were told last year was a priority piece of legislation. It went through the Seanad in September so why has it not been produced in the Dáil? Is there a reason the legislation is being held back? The second issue is the promised Government alcohol strategy, which the Tánaiste earlier indicated we would have before Christmas. When can we expect to see that strategy and the public health legislation to give effect to it?

The Tánaiste

The Health Service Executive (Governance) Bill 2012 will come before the House next week. The alcohol strategy Bill proposals are currently being finalised by the Minister of State, Deputy White, on foot of the recommendations of the national substance misuse strategy report. The Minister of State is giving this priority but unfortunately there was not as much preparatory work done on the Bill as we had been led to believe.

Deputy Patrick O'Donovan

There is a commitment I have raised before on the implementation of a national standard for home services for elderly people and vulnerable adults and the provision of home care. When is it likely that we will see related legislation before the House?

The Tánaiste

I will have to get a reply for Deputy O'Donovan as I do not have the information here.

Deputy Pádraig Mac Lochlainn

In section B of the legislative schedule there is a justice (miscellaneous provisions) Bill. Is the Government considering sentencing guidelines or a new sentencing council in response to the ongoing issue and controversy arising from court decisions regarding sex offenders?

The Tánaiste

Legislation is promised on sentencing. The Minister for Justice and Equality has put together a group to examine sentencing policy and guidelines. He is giving priority consideration to that issue.