Dáil Éireann debate -
Tuesday, 26 Nov 2013

Vol. 822 No. 3

Order of Business

The Taoiseach

It is proposed to take No. 10, motion re leave to introduce Supplementary Estimates (Votes 18, 31 and 35); No. 11, motion re referral of Supplementary Estimates (Votes 18, 31 and 35) to select committee or sub-committee; No. 21, Health (Alteration of Criteria for Eligibility) (No. 2) Bill 2013 - Order for Report, Report and Final Stages; and No. 22, Forestry Bill 2013 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that in the event a division is in progress at the time fixed for taking Private Members’ business, which shall be No. 128, motion re bond repayments, the Dáil shall sit later than 9 p.m. and Private Members' business shall, if not previously concluded, adjourn after 90 minutes; No. 10 shall be decided without debate and, subject to the agreement of No. 10, No. 11, referral to select committee or sub-committee, shall be decided without debate and any divisions demanded thereon shall be taken forthwith; and the following business shall be taken tomorrow after Oral Questions: Health (Alteration of Criteria for Eligibility) (No. 2) Bill 2013 - Report and Final Stages (resumed), if not previously concluded, and Gas Regulation Bill 2013 - amendments from the Seanad.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal for dealing with Private Members' business agreed to? Agreed. Is the proposal for dealing with Nos. 10 and 11, motions re leave to introduce and referral of Supplementary Estimates, without debate agreed to? Agreed. Is the proposal for dealing with the Health (Alteration of Criteria for Eligibility) (No. 2) Bill 2013 and the Gas Regulation Bill 2013 tomorrow agreed to? Agreed. I call Deputy Martin on the Order of Business.

Deputy Micheál Martin

As the Taoiseach knows, the medical card situation is creating grave anxiety across the country. Approximately 40,000 medical cards were taken out of the system last year. Some 10,000 of them were discretionary medical cards. We know that the passing of the Health (Alteration of Criteria for Eligibility) (No. 2) Bill 2013 will lead to 35,000 medical cards being taken from people over the age of 70. We know from the budget that up to 100,000 additional medical cards could be taken if the Government follows through on its estimate. At the same time, hospital waiting lists are going through the roof. The children's hospital, inpatient and day case waiting lists increased by 18% generally between September 2012 and September 2013. We have had huge cuts in access to therapies for children. There have been cuts to older people's services. These are just some elements of the serious issues people are facing as a result of decisions made in the health budget. We know that the health service plan has been sent to the Minister.

An Ceann Comhairle

The Deputy is going on a bit.

Deputy Micheál Martin

Will the Taoiseach provide Government time for this House to debate the health service plan? Deputies should have reasonable time to make an input into the health service plan. There is acute anxiety among the public in relation to health matters generally. When can we expect the Bill providing for the dismantling of the HSE to be brought to the House?

The Taoiseach

Some 10,000 new cards have been issued this year, of which 20,000 were discretionary cards. I have already explained that there is a process with regard to the health service plan. The HSE has presented the Minister with its recommendations based on the budgetary situation. The Minister has 21 days to reflect on that. The plan will be published. I have no objection to it being debated here.

Deputy Micheál Martin

What about the Bill?

The Taoiseach

It is expected in this session.

Deputy Mary Lou McDonald

I understand the issue of symphysiotomy was to be raised at this morning's Cabinet meeting. Can the Taoiseach tell us when he will publish the second part of Professor Oonagh Walsh's report? I believe he has had it since the end of May. Is he in a position to name the judge who is to be appointed to engage in a mediation process with the victims? Can he give us details of her terms of reference? Can he give us some idea of how long that process might take?

Yesterday marked the first of 16 days of action regarding violence against women. As the Taoiseach knows, this is an annual campaign. The programme for Government includes a commitment to "introduce consolidated and reformed domestic violence legislation". I have raised this matter with the Minister for Justice and Equality on several occasions. He has repeatedly told me he has more urgent matters on his agenda in respect of the troika programme. As we exit the bailout programme, can the Taoiseach tell me when we might expect to see this long-awaited legislation? As he knows, the issue of violence against women affects at least one in five of our women. That is a conservative estimate.

The Taoiseach

The symphysiotomy question is being dealt with by the Government. The Cabinet decided this morning to appoint Judge Yvonne Murphy, who is a respected judge, to engage with the insurance companies about putting together a fund from which women whose lives have been affected by symphysiotomy will be dealt with. I understand that the Minister for Health and the Minister of State, Deputy Kathleen Lynch, were due to make a statement about this matter at a press conference at 4.30 p.m. All the details will be given there. The Walsh report will be published after Judge Murphy reports and the Government decides on the options. I do not expect that will take too long. There is a known number of people involved in this. I should also mention that the lifting of the Statute of Limitations bar, which had been requested, will not happen. The Government has decided, on the basis of very clear advice, that it should not happen. Judge Murphy will deal with the various groups, the women involved and the insurance companies in respect of setting up a fund. I am quite sure the full details have already been given by the Minister of State, Deputy Kathleen Lynch, and the Minister, Deputy Reilly.

Deputy Mary Lou McDonald

I also asked about the domestic violence legislation.

The Taoiseach

It is receiving priority. Significant proposals are being discussed in the Department at the moment.

Deputy Frank Feighan

When will the criminal justice (cyber crimes) Bill come before the House? This legislation will ratify a Council of Europe convention.

The Taoiseach

There is no date for the publication of that Bill.

Deputy John McGuinness

I would like to raise two matters with the Taoiseach, the first of which relates to the Diseases of Animals Act 1966 and sections 10 and 12 of a further Act that was passed in 1993.

Under that legislation, will the Taoiseach deal with the comments of Judge Reynolds on the special investigations unit and the person who supervises that unit? When she appeared in court during the week she requested that the Department of Agriculture, Food and Marine should take on board her comments and investigate the activities of that unit given the type of evidence given in that court case. An internal investigation-----

An Ceann Comhairle

That is not really a matter for the Order of Business.

Deputy John McGuinness

I am asking if the Taoiseach will make time available to debate this because an internal investigation is not good enough. I am aware that there are files with a superintendent and a detective regarding this case.

An Ceann Comhairle

I thank the Deputy.

Deputy John McGuinness

Criminal issues may be involved.

An Ceann Comhairle

I thank the Deputy.

Deputy John McGuinness

The people who are being dealt with by that unit have been bullied and harassed. A handicapped child was bullied and harassed by the unit.

An Ceann Comhairle

The Deputy might not have heard me, but it is not a matter for the Order of Business.

Deputy John McGuinness

Under the two Acts mentioned will the Taoiseach outline to me where those powers are-----

An Ceann Comhairle

There are other ways of raising this matter, but not on the Order of Business.

Deputy John McGuinness

Will he deal with the investigation that has been requested?

The Seanad has passed the Protected Disclosures Bill 2013. Will the Taoiseach ensure that Bill comes before this House as quickly as possible? As I asked him previously, will he ensure the spirit of this legislation is applied in the case of the Garda whistleblowers and the FÁS whistleblower who is being treated very badly by that organisation?

An Ceann Comhairle

Hold on, Deputy.

Deputy John McGuinness

It is necessary for the Government to step in and give some direction-----

An Ceann Comhairle

There are other Deputies seeking to raise matters here.

Deputy John McGuinness

-----so that the spirit of the legislation can at least be acknowledged and that those people can go about their duties in a reasonable fashion while investigations are being carried out.

An Ceann Comhairle

If the Deputy continues to ignore the Chair in this manner-----

Deputy John McGuinness

That case brought in the north east has dragged on for quite some time.

An Ceann Comhairle

-----he will not be called again, I can tell him.

Deputy John McGuinness

I do not bother you too much, a Cheann Comhairle.

An Ceann Comhairle

I take grave exception. The Deputy totally disregards the Chair. He knows well it is not in order.

Deputy John McGuinness

It is a matter for the Order of Business.

An Ceann Comhairle

It is not on the Order of Business.

The Taoiseach

On the Deputy's question on legislation, the first thing to note is that the Protected Disclosures Bill has gone through the Seanad and is now awaiting Second Stage here. Clearly it is a matter for the Whips to divide the time on this. I do not expect that should be unduly delayed for any reason.

I do not have the details of the comments of a member of the Judiciary from the court case the Deputy mentioned. I am sure the Minister concerned will follow through on what that means.

An Ceann Comhairle

It is not a matter for the Order of Business.

Deputy Timmy Dooley

In light of the revelation that the Department of Transport, Tourism and Sport was aware that problems existed with emergency beacons on sea-going vessels, will the Taoiseach arrange for an independent investigation into this matter? In doing so, he might consider having it carried out at the same time as the passage of the merchant shipping (registration of ships) Bill.

An Ceann Comhairle

The matter is being dealt with as a Topical Issue.

Deputy Timmy Dooley

Perhaps he might tell us when that legislation will be coming forward.

When is it intended to introduce the roads (amendment) Bill, which deals with the merger of the Railway Procurement Agency and the NRA?

The Taoiseach

The merchant shipping (registration of ships) Bill is due in this session as is the roads (amendment) Bill.

Deputy Timmy Dooley

What about the independent investigation?

The Taoiseach

I suggest the Deputy take up the investigation of comments about facilities at sea directly with the Minister or raise it if he gets consent from the Ceann Comhairle.

An Ceann Comhairle

The matter is being raised after the Order of Business as a Topical issue.

Deputy Barry Cowen

Last week the Taoiseach said that progress on the water services Bill would be discussed at Cabinet today. Can he now commit to the Dáil that all the legislation outstanding will be dealt with in this session? I refer to the legislation on the transfer of network assets and to give effect to the billing system.

The Taoiseach

The Bill was discussed this morning and approval was given to the Minister for the Environment, Community and Local Government to publish the water services Bill and to have it dealt with here before the close of business for this session. A second Bill will be required and will be dealt with in the spring. In respect of the troika requirement for the water services Bill, that was decided by Cabinet this morning and it will be taken and enacted before Christmas.

Deputy Brian Walsh

The Government - in particular the Minister for Health - is to be commended on the tough position adopted in respect of the tobacco industry. When can we expect to see the public health (standardised packaging of tobacco) Bill to be introduced? This important Bill is aimed at discouraging young people and particularly girls from engaging in the habit of smoking.

The Taoiseach

The heads of that Bill were cleared on 19 November. Many different groups are involved in this issue. Some 5,200 people will die in this country directly as a result of smoking. The Bill will go to the Oireachtas committee for hearings and Deputy Buttimer is in charge of that. I am sure he will take input from across the board.

Deputy Mattie McGrath

I inquire again about the EirGrid Bill, which is urgent. I thank the Taoiseach and the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, for allowing an extension of time for submissions. Somebody contacted EirGrid, as did the Oireachtas Joint Committee on Transport and Communications.

My second question is on medical cards. The Taoiseach tried to explain it earlier and it is very confusing. A person over 70-----

An Ceann Comhairle

No, we are not going there.

Deputy Mattie McGrath

-----who was slightly over the threshold was told he was to apply on the under-70 scheme.

An Ceann Comhairle

The Deputy may ask about promised legislation.

Deputy Mattie McGrath

I ask the Taoiseach to give time tomorrow to debate the issue under the Health (Alteration of Criteria for Eligibility) (No. 2) Bill, which is to be dealt with there today and tomorrow. A person over 70 has been told-----

An Ceann Comhairle

Report Stage will be taken this evening.

Deputy Mattie McGrath

I am asking if he can give time.

An Ceann Comhairle

He does not need to give time; it is to be dealt with this evening.

Deputy Mattie McGrath

This man who is over 70 has been told that he must apply as an under 70-----

An Ceann Comhairle

It will be dealt with this evening.

Deputy Micheál Martin

He can only appeal on the basis of income threshold under separate criteria.

An Ceann Comhairle

I thank the Deputy.

Deputy Mattie McGrath

What I have here is extraordinary.

The Taoiseach

Report Stage of that Bill will be taken today and the Deputy will have an opportunity to refer to that as the Ceann Comhairle has pointed out to him.

The EirGrid Bill is due for publication early next year.

Deputy Mattie McGrath

Does the Taoiseach have any idea when?

The Taoiseach

In respect of current difficulties, the consultation period has been extended by the Minister for Communications, Energy and Natural Resources to 12 January.

Deputy John Deasy

The Valuation (Amendment) Bill was introduced to the Seanad earlier this year but has not progressed.

The Taoiseach

That important Bill is awaiting Committee Sage in the Seanad. The Whips there will make arrangements for when it is to be taken.

Deputy John Deasy

It has been waiting for a long time.

The Taoiseach

It is entirely a matter for the Seanad.

Deputy Barry Cowen

There are 9,000 appeals in Dublin at present.

Deputy Peter Fitzpatrick

When may we expect publication of the customs Bill to modernise legislation relating to customs and consolidate it into a single Act?

The Taoiseach

I do not have good news on that. It will be late next year.

Deputy Martin Heydon

I wish to ask about two Bills. When will we see the Betting (Amendment) Bill, expanding income to the Exchequer from remote operators, which is long overdue? The second Bill is related although from a different Department. In light of the 2012 Indecon report on proposed changes to the Horse Racing Ireland Bill when will both Bills be taken in the House?

The Taoiseach

The Betting (Amendment) Bill is on Second Stage. It is moving through the process. We were supposed to have the heads of the Horse Racing Ireland Bill this session but it will not happen until the end of the year, therefore, it will be spring before the Bill is deal with.

Deputy Dessie Ellis

There is a huge problem with landlords putting out tenants who are in receipt of rental supplement. This is resulting in many people being made homeless. It is mainly because the landlords are looking for higher rents. A housing Bill to transfer responsibility for dealing with the rent supplement to local authorities is due. Could this be speeded up given the crisis?

The Taoiseach

I discussed this matter yesterday with a number of interested political groups, Cabinet sub-committees and so on. It will be early next year. The heads of the Bill have not been formulated yet but they will shortly and the Bill will be published early next year.

Deputy Seamus Kirk

Will it be necessary to introduce legislation to deal with the co-financing arrangement for Pillar 2 of the Common Agricultural Policy? There is much speculation as to what might happen in that regard. Various schemes depend on the co-financing arrangement being introduced expeditiously.

When can we expect clarity on this issue?

The Taoiseach

This is an important issue with implications for provincial Ireland. I expect to have a meeting with the Minister for Agriculture, Food and the Marine very shortly.

Deputy Robert Troy

On several occasions I have raised the question of amending the Adoption Act 2010 to facilitate five Irish families who remain in legal limbo in their adoption process. I understand the Government is exploring the possibility of amending this Act with a view to looking compassionately on their cases. Will the Taoiseach update the House on this and can we expect this legislation to be brought before the Houses of the Oireachtas prior to the Christmas recess?

The Taoiseach

The Deputy has raised this several times. The Minister for Children and Youth Affairs informs me that there is a great deal of serious work going on to see if there are possible legal solutions. It is not an easy situation to resolve. The Minister is very committed to seeing whether there is a legal solution to the problem for the small number of families involved for whom it is a very sensitive matter.

Deputy Ray Butler

When does the Government expect to publish a criminal justice Bill to strengthen the rights of victims of crime and their families and to give effect to a proposed EU directive, in light of what we have seen in the past couple of days?

The Taoiseach

I do not have a date for publication of that Bill but I will report progress on it to Deputy Butler.