Dáil Éireann debate -
Tuesday, 10 Dec 2013

Vol. 824 No. 1

Order of Business

The Taoiseach

It is proposed to take No. 9, motion re referral to select sub-committee of proposed approval by Dáil Éireann of the terms of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses; No.19, statements following the death of Nelson Mandela; No. 20, Health Insurance (Amendment) Bill 2013 - Order for Report, Report and Final Stages; No.10, Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013 [Seanad] – motion to instruct the committee; and No. 21, Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013 [Seanad] - Order for Report, Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that: in the event that a division is in progress at the time fixed for taking Private Members' business, which shall be No. 132, motion re Bethany Home, the Dáil shall sit later than 9 p.m. and Private Members’ business shall, if not previously concluded, adjourn after 90 minutes; No. 9 shall be decided without debate; No. 19 shall be taken immediately following the Order of Business and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after 50 minutes and the following arrangements shall apply: the statement of the Taoiseach, the Tánaiste and the leaders of Fianna Fáil, Sinn Féin and the Technical Group, or persons nominated in their stead, who shall be called upon in that order, shall not exceed ten minutes in each case, and such Members may share their time, and the order shall resume thereafter with Topical Issues; and the proceedings in regard to No. 10 shall, if not previously concluded, be brought to a conclusion after 60 minutes and the following arrangements shall apply: the speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order and who may share their time, shall not exceed 15 minutes in each case. Tomorrow's business after Oral Questions shall be the Health Insurance (Amendment) Bill 2013 - Report and Final Stages (resumed), if not previously concluded; and the Local Government Reform Bill 2013 - Order for Report, Report and Final Stages.

An Ceann Comhairle

There are four 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 No. 9 agreed to? Agreed. Is the proposal for dealing with No. 19 agreed to? Agreed. Is the proposal for dealing with No. 10 agreed to?

Deputy Gerry Adams

It is not agreed.

An Ceann Comhairle

I call Deputy Adams.

Deputy Gerry Adams

The proposal is a motion to instruct the committee. It is a last minute amendment and it not just a simple technical amendment as it is an amendment from the Minister, Deputy Howlin, to the Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013. He brings in a whole new area of legislation at the very last minute. Any new provisions on sick leave and the public service require full scrutiny and proper consideration so an hour's discussion as an afterthought is not the way to do the business. I believe this is the Minister's way of trying to avoid full scrutiny of this very important issue.

The Taoiseach

This is a procedural matter. When one brings in an amendment that is outside the scope of the Bill, one has to have a procedural motion in order to discuss the amendment. That is the only reason for it.

Question, "That the proposal for dealing with No. 10 be agreed to", put and declared carried.

An Ceann Comhairle

I call Deputy Martin on the Order of Business.

Deputy Micheál Martin

The Taoiseach might indicate when the National Treasury Management Agency (amendment )(No. 1) Bill will be published. This Bill is to enable the investment platform of the NTMA to be established on a statutory basis, including NewERA and the National Pensions Reserve Fund investments into the strategic investment fund. Given the developments in Bank of Ireland last week, and so forth, clarity around this Bill is important.

Will the Taoiseach indicate when the national cultural institutions (galleries) Bill will come forward? Has the Government at any stage considered reflecting on the amalgamation of the National Gallery, the Irish Museum of Modern Art and the Crawford Gallery?

With regard to forthcoming legislation on health, will the Taoiseach indicate when the commitment in the programme for Government to legislate for stem cell research will see legislation brought forward? Legislation was also promised in the programme for Government to clarify the law surrounding assisted human reproduction, including the law relating to parental relationships arising from assisted human reproduction. When does the Taoiseach expect the Minister to publish that Bill?

Will the Taoiseach indicate when the integrated care agency will be established and the legislation underpinning it published? When will the patient safety authority be established, given we are awaiting that legislation for quite some time? What is the position with the hospital insurance fund? Negotiations have commenced in regard to a new GP contract, which has been committed to in the programme for Government.

These are a minority of the issues that were solemnly committed to by the Government at the outset. Given we are nearly three years on, I want to know where we stand.

The Taoiseach

The Deputy asked about a long list of Bills. I will have to come back to him with regard to some of those in the health area. We hope to have the first Bill before we resume on 15 January. In respect of the second Bill, the heads were cleared in July of this year but I expect it will be mid-2014 before it is published. I do not have a date for legislation on stem cell research or assisted human reproduction, although this is part of the family relationships and children Bill which is scheduled for publication next year. The Deputy raised three or four health issues and I will give him a response on them tomorrow.

Deputy Gerry Adams

Ceist í seo maidir le reachtaíocht atá forógraithe. This concerns the Adoption Act 2010. I have raised this issue with the Minister for Children and Youth Affairs, Deputy Fitzgerald, on a number of occasions and I believe she is well disposed towards dealing with it. It concerns facilitating a number of Irish families who are seeking adoptions of Russian children, and the need to extend the validity of the declarations of suitability and eligibility. I understand the Minister, Deputy Fitzgerald, has sought the advice of the Attorney General. Some of the families have travelled to Russia and have met their prospective adoptive children. The Fennessys in County Waterford come to mind. They travelled to Russia, met and bonded with-----

An Ceann Comhairle

We will not go into individual cases.

Deputy Gerry Adams

-----a young lad called Alex. Since the summer, the adoptive process has been stalled.

I am sure the Taoiseach understands this is a very traumatic and distressing time for the families involved. Can he confirm whether the Attorney General's advice has been received by the Minister and whether the amendment will be brought before the Dáil before the Christmas recess, as the Minister has indicated?

The Taoiseach

No, I cannot confirm that but I will check it for the Deputy. There was a great deal of discussion in legal circles about whether it was possible to do something about this, and the issue was raised by Deputy Troy on a number of occasions in recent weeks. I will give Deputy Adams the latest information I have tomorrow.

Deputy Frank Feighan

When will the sport Ireland Bill come before the House? The Bill provides for the establishment of sport Ireland, a new organisation to replace the other organisations.

The Taoiseach

That will be next year. Unfortunately, it will not get in before the end of this year.

An Ceann Comhairle

As Deputy McGrath is not present, I call Deputy Ó Cuív.

Deputy Éamon Ó Cuív

I bhfianaise an fhógra a thug an Coimisinéir Teanga go bhfuil i gceist aige éirí as oifig i mí Feabhra seo chugainn de bharr easpa gníomhaíochta an Rialtais i leith na Gaeilge, cén uair atá sé i gceist ag an Rialtas glacadh le cinn an Bhille ó thaobh Acht na dTeangacha Oifigiúla? An bhfuil sé i gceist na cinn sin a fhoilsiú agus an mbeidh deis ag coiste Dála iad a phlé sula réiteofar an Bille féin?

The Taoiseach

Tá a fhios agam go bhfuil an coimisinéir chun éirí as a phost mar chonaic mé an ráiteas a d'fhoilsigh sé. Tá sé ar intinn ag an Aire fógra poiblí a fhoilsiú i dtreo agus gur féidir coimisinéir nua a thoghadh agus a chur ina áit. Má tá fonn ar an Teachta go mbeidh díospóireacht sa Teach anseo nó ag an gcoiste, ba chóir é seo a phlé ag cruinniú na nAoirí amárach. Má chuireann an Teachta scéal chuig an Príomh Aoire, déanfaidh sé sin.

Deputy Éamon Ó Cuív

I asked the Taoiseach specifically about a piece of legislation. What I asked him, if he does not understand the first official language, is when the heads of the official languages (amendment) Bill will be agreed by Government and whether it was intended in the new process to publish those heads to allow for debate on them before the Bill is prepared.

An Ceann Comhairle

We do not deal with Government business but we can ask if the Bill is going to be referred to a committee.

The Taoiseach

Tuigim an príomh teanga go maith agus tuigim go maith céard atá i gceist ag an Teachta. Is féidir liom scéal a chur chuig an Teachta Ó Cuív maidir leis an mBille. Rachaidh an Bille roimh an choiste nuair a bheidh sé foilsithe agus cuirfidh mé sceál chuig an Teachta faoi sin.

Deputy Éamon Ó Cuív

Ní bheidh deis ag an gcoiste na cinn a phlé.

An Ceann Comhairle

I call Deputy Healy-Rae.

Deputy Michael Healy-Rae

Could I ask the Taoiseach-----

The Taoiseach

Beidh cead ag an gcoiste é sin a dhéanamh.

Deputy Éamon Ó Cuív

An bhfuil an Taoiseach ag caint mar gheall ar an mBille nó na cinn?

An Ceann Comhairle

I have called Deputy Healy-Rae.

The Taoiseach

Ba mhaith liom go mbeadh sé de ghnáth go gcuirfear na cinn faoi bhráid na gcoistí. Tarlóidh sé sin i gcás gach uile Bhille tar éis na Nollag nuair a thosóidh an chéad seisiún eile. B'fhéidir go gcuirfear cuid de na cinn chuig na coistí idir seo agus sin. Tarlóidh sé mar is gnách i gcás gach Bille tar éis na Nollag.

Deputy Éamon Ó Cuív

An mbeidh sé seo tar éis na Nollag?

Deputy Michael Healy-Rae

The continuity of the payment of the fair deal scheme is of paramount importance to our elderly people. The continuation of the good work that has been done by the institutions that take care of our elderly is also very important. I am asking this question in respect of the health and social care reform Bill. Can the Government give an assurance to elderly people that the fair deal will continue to be paid?

The Taoiseach

I am not sure which Bill Deputy Healy-Rae is referring to?

Deputy Michael Healy-Rae

The Taoiseach knows what the fair deal is.

An Ceann Comhairle

There is no Bill.

The Taoiseach

What Bill is the Deputy talking about?

Deputy Michael Healy-Rae

There is a Bill.

An Ceann Comhairle

What is the name of the Bill?

Deputy Michael Healy-Rae

It is the health and social care reform Bill.

The Taoiseach

I will have to come back to the Deputy with information on that.

(Interruptions).

Deputy Joe Carey

I want to establish when the Shannon aviation services and miscellaneous provisions Bill will come to the House. We have had a very good year in Shannon and would like to continue the momentum in 2014.

The Taoiseach

The Shannon aviation services and miscellaneous provisions Bill was due before the end of this session but I do not think that will happen so it will be early in the next session.

Deputy James Bannon

The management of our heritage depends very much on public awareness and education. We all know how important our heritage is to the tourism industry.

An Ceann Comhairle

We do indeed; now get to the Bill.

Deputy James Bannon

When can we expect the heritage (amendment) Bill to come before the House?

The Taoiseach

Deputy Bannon swept through a number of places in Longford yesterday with great ease. The heads of the Bill were cleared in November and it will be the new year before this Bill comes around.

Deputy Peter Fitzpatrick

When does the Taoiseach expect the publication of the trusts Bill, which is to reform and consolidate the general law relating to trustees so as to better deal with and protect trust assets?

The Taoiseach

The truth is I cannot give the Deputy an answer. I must give him a progress report on where we are regarding work on the heads of that Bill.

Deputy Mattie McGrath

In respect of the shambles surrounding the new National Driver Licence Service centres where people cannot get licences for work and holidays and the road transport Bill, when will the Taoiseach review this procedure because we do not want to see another SUSI or HSE?

An Ceann Comhairle

Wait until we get the Bill in first.

Deputy Mattie McGrath

In respect of the Protection of Employees (Temporary Agency Work) Act 2012, I am sure the Taoiseach is aware of the situation in the hostel in Tipperary and the FÁS workers there. When might the report of the FÁS and Pobal investigations be published?

An Ceann Comhairle

That is a parliamentary question.

Deputy Mattie McGrath

I have asked that the Taoiseach respond.

An Ceann Comhairle

I will get the Deputy the details of the Bill.

The Taoiseach

The Bill is scheduled for next year.

Deputy Sean Fleming

When can we expect to see legislation dealing with the provision of necessary adjustments that will be required to people's various pension arrangements in the context of families that have undergone legal separation and divorce proceedings because that can have an impact on future pension arrangements? It is probably a family law or justice matter. It is promised anyway.

The Taoiseach

That is a matter for the Minister for Justice and Equality.

Deputy Sean Fleming

It concerns pension arrangements.

The Taoiseach

Is it the Legal Services Regulation Bill?

Deputy Sean Fleming

No, if anything, it would be a family law matter.

The Taoiseach

I will advise Deputy Fleming.

Deputy Bernard J. Durkan

The National Treasury Management Agency (amendment) (No. 2) Bill is promised legislation. Has it been approved and when is it likely to come before the House? Another issue that is becoming increasingly important is admission to schools, particularly in places where there is considerable population expansion and where there may be difficulty, particularly for children who may have been expelled from a school and who may find their second level education frustrated. What is the current situation regarding the education (admission to school) Bill?

The Taoiseach

The National Treasury Management Agency (amendment) (No. 2) Bill will be early next session. The heads of the education (admission to school) Bill were referred to the Oireachtas Committee on Education and Social Protection recently and I am sure the committee is holding hearings on it at the moment.