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Dáil Éireann debate -
Wednesday, 11 Dec 2013

Vol. 824 No. 2

Order of Business

It is proposed to take No. 9a, motion re leave to introduce Supplementary Estimate - Vote 39; No. 9b, motion re referral of Supplementary Estimate - Vote 39 to select sub-committee; No. 22, Local Government Reform Bill 2013 - Report Stage (resumed) and Final Stage; and No. 23, Assisted Decision-Making (Capacity) 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 No. 132, Private Members' business, motion re Bethany Home, the Dáil shall sit later than 9 p.m. and Private Members’ business shall, if not previously concluded, be brought to a conclusion after 90 minutes; and No. 9a shall be decided without debate and, subject to the agreement of No. 9a, No. 9b shall be decided without debate and any divisions demanded thereon shall be taken forthwith.

Tomorrow's business after Oral Questions shall be the Companies (Miscellaneous Provisions) Bill 2013 [Seanad] - Order for Report, Report and Final Stages; Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013 [Seanad] – motion to instruct the committee; and Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013 [Seanad] - Order for Report, Report and Final Stages.

Is the proposal for dealing with Private Members' business agreed to? Agreed. Is the proposal for dealing with Nos. 9a and 9b, motions re leave to introduce and referral of Supplementary Estimates without debate, agreed to? Agreed.

I have a number of questions for the Taoiseach on proposed legislative measures. As he is aware, the Church of Ireland in particular is very concerned about the threat to its schools, given the Government's policy on small rural schools generally. Given that about 50% of all Protestant primary schools have fewer than 56 pupils there is huge concern in terms of the capacity of members of the Church of Ireland to have education through their faith and have members of the Church of Ireland educated in Protestant schools. Will the Taoiseach indicate when the education Bill will be brought forward and if it can take into account the genuine concerns of minority faiths in regard to the impact the Government's policies will have on small rural schools?

Will the Taoiseach indicate when the Eirgrid Bill is to be published? This is the Bill to establish Eirgrid in primary legislation. It currently depends on statutory instrument.

Yesterday, I asked the Taoiseach about a number of pieces of legislation on health that were committed to under the programme for Government. I gave those to the Tánaiste last week but he did not have a clue about them, and I do not mean that in a disparaging way. It was as if the commitments in the programme for Government belonged to a different planet that the Tánaiste inhabited in terms of the way he responded. I asked the Taoiseach the same questions yesterday and I got the same reply; it is as if I was introducing something completely new. What I am asking about is in the programme for Government.

In the bioethics area I asked when we will legislate to regulate stem cell research, and when the legislation on assisted human production will be published. I asked when the integrated care agency will be established. I asked also when the hospital insurance fund will be established. I asked when the legislation for the patient safety authority will be published.

In regard to the care of older people in communities, I asked when more residential places, more home care packages and the delivery of more home help and professional community care services will happen because that is in the programme for Government. I asked also when we can expect the legislation on the review of the fair deal system of financing nursing homes. I asked the Taoiseach, in regard to the new GP contract, which will be central to the universal primary care advance in the programme for Government, if negotiations have begun and when we can expect a new GP contract regarding the primary care proposals the Government has put forward. Finally, when can we expect access to primary care without fees to claimants of free drugs under the high tech drugs scheme?

The Deputy asked a number of questions. The matter of small schools applies not just in the case of any faith in particular but is an issue of concern that has been raised by both Catholic schools and Church of Ireland schools. This was of particular concern in the run-up to the most recent budget and was reflected in the decision of the Minister not to change the pupil-teacher ratio and therefore have an effect on it.

The Taoiseach did not reverse what he did in the previous budget. That is the problem.

Would Deputy Martin let the Taoiseach speak?

After all the damage the Deputy's party did-----

The Minister's Government made a change-----

The concerns and anxieties expressed were taken into account by the Minister for Education and Skills in the determination of his budget for 2013.

We know all about what the Deputy's party did.

-----and he should not try to deny it.

The Eirgrid Bill is due next year.

It ruined the country.

The Deputy asked a number of questions yesterday in regard to health. All of the information I have will go out in letter form to him today. I can go through each of the individual issues he raised if he wishes-----

-----but there is a full letter dealing with each of the issues he raised on its way to the Deputy this morning. If he wants me to go through that I will but it is being sent to the Deputy in a full and comprehensive form.

I would like to hear it. We have only-----

I can tell the Deputy now. He asked in respect of stem cell research and assisted human reproduction. I can inform the Deputy that the Minister for Health is examining proposals now to regulate assisted human reproduction and related matters that include stem cell research. He will make a decision on this in due course in the context of his legislative priorities. He is currently preparing a family relationships and children Bill. The intention of the Bill is to create a legal architecture underpinning diverse parenting situations and provide legal clarity on parental rights. It will address the legal issues in terms of parenting that arises for children born by means of surrogacy or assisted human reproduction.

In respect of the patient safety agency, the Department is in contact with the Health Service Executive on the details surrounding the establishment of the patient safety agency to ensure an identifiable and distinct leadership responsibility for patient safety and quality at national level, having regard to the need for a quality and safety function within the new delivery structures of the reform programme. Discussions are continuing with the HSE on establishing the patient safety agency, initially on an administrative basis, within the HSE structures in 2014. That will allow the patient safety agency to become an identifiable entity within the Health Service Executive and to facilitate a smooth transition of the functions to that authority.

So it is not a patient safety authority.

The agency will be in a position to provide a quality improvement focus across a range of health care settings. The main priorities will be to ensure that patients, their families and their carers experience high quality care and ensuring the provision of care that is safe and protects patients from harm. The agency will seek to ensure that the care provided is effective and based on the best available evidence. The establishment of the PSA will be included in the work programme in the service plan for 2014.

The Deputy mentioned the insurance fund. As the Deputy is aware, the Government is making a number of changes in regard to the health system, the aim of which is to deliver a single tier health service supported by universal health insurance where there is fair access to service based on need and not on ability to pay. Under the UHI system everybody will be insured with their choice of insurer and will have equal access to a standard package of primary and acute hospital services, including acute mental health services. A new insurance fund will subsidise or pay insurance premiums for those who qualify for a subsidy. I confirm for the Deputy that intensive work is under way on the completion of the White Paper on universal health insurance, which will provide more detail on the UHI model.

When will that be?

I expect it shortly.

The Deputy also raised the issue of the integrated care agency. The document Future Health - A Strategic Framework for Reform of the Health Service 2012 - 2015, published in November 2012, recognises that the current hospital centric model cannot deliver the quality of care that is required by our people at a price the country can afford. For that reason, Government has set about creating a new integrated model of care that treats patients at the lowest level of complexity in a way that is safe, timely, efficient and as close to home as possible. Crucially, that new integrated model will help to ensure that services are better co-ordinated around the individual needs of patients. As outlined in that, it is intended that a new health care commissioning agency will fulfil the functions of an integrated care agency. The forthcoming White Paper on UHI will give further detail on that.

The Deputy mentioned the new GP contract.

(Interruptions).

Who wrote that?

The Government is committed to introducing a universal GP service by 2016 as an essential component of introducing universal health insurance. As announced in the budget, it has been decided to commence the roll-out of the universal GP service by providing all children aged under five with access to a GP service without fees. The implementation of this particular measure will require primary legislation. The Department and the HSE are examining that in terms of the changes which need to be made to the GMS contract to facilitate the introduction of universal primary care. That new GP contract will focus on prevention and will include a requirement for GPs to provide care as part of an integrated multidisciplinary series of primary care teams. The formulation of the new contract will have regard to the constraints of Irish and EU competition law, in particular in regard to the setting of fees and allowances. The Minister of State, Deputy Alex White, met the Irish Medical Organisation earlier this year and outlined the Government's policy in regard to primary care. Obviously, he will engage with personnel in the coming weeks in regard to details of that contract. Deputy Healy-Rae asked about the fair deal scheme, about which I am sure he will ask later. All of this will be sent to Deputy Martin today.

While one would wonder if there was anything left on the list of legislation in regard to the Department of Health, I wish to ask about two Bills. In doing so I will not deny others the opportunity to participate in the limited time afforded to us at this juncture. The first Bill is to establish a statutory financial governance framework for the HSE, namely, the Health Service Executive (financial matters) Bill which was to be published in this term but has not yet appeared. One would wonder about the implications of such delays for the so-called reform agenda in health.

The second Bill about which I want to ask is the public health (sunbeds) Bill which has been raised year after year. It is to introduce a number of measures to regulate the use of sunbeds, including the prohibition on their use by those under 18 years of age. Again, it was due for publication in this term but it has not appeared and we have been waiting a long time. Melanoma is the fastest growing cancer in this country and, I understand, globally. Some 720 new cases of melanoma arise in this State each year. There is insufficient awareness of the dangers involved, in particular in regard to the exposure of young children. The introduction of this legislation will help in that cause.

We expect the Health Service Executive (financial matters) Bill to come to Cabinet next week, on 17 December. In regard to the sensitive issue the Deputy raised about melanoma and the public health (sunbeds) Bill, the standstill period within the framework of the notification procedure to the European Union which one must follow pursuant to directive 98/34/EC ended on 2 December last. The final draft of the Bill was received on 5 December last from the Office of the Parliamentary Counsel, so the regulatory impact analysis of that Bill is being revised and the explanatory note is being prepared. Therefore, a memorandum for Government will be drafted seeking approval to publish the Bill. Subject to Government approval, it is proposed that the Bill will be published probably in late January or early February 2014.

In light of the publication of the report of the intergovernmental panel on climate change and the recent joint committee report to inform the drafting of the heads of the climate change legislation, when will the climate action and low-carbon development Bill be published? In the context of ensuring our energy security into the future and the need for us to generate a considerable amount of our energy from renewables, when will the geothermal energy development Bill be published?

Both Bills will be published next year. The geothermal energy development Bill will be taken first. Obviously, work is advancing on them.

I refer to the environmental liability Bill, which I think was originally to be the pyrite levy Bill. The Taoiseach told me some time ago we would have it before Christmas. We are almost there but there is no sign of the Bill.

On a related matter, will the Taoiseach give Members another chance to discuss the building control regulations given that it seems responsibility is being placed on parts of the construction industry and the Government is not instituting an invigilation process? The Government is not taking any steps to avoid the kind of pyrite disaster we had and the Priory Hall situation. As the Taoiseach will have noticed, the Prime Minister of Latvia resigned a few weeks ago because of a major construction disaster in his country.

We will not deal with the resignation now.

Is the Taoiseach happy that the pyrite Bill and the building control regulations, as they are framed, will do the job for the construction industry?

The environmental liability Bill will be published in the middle of next year. Yesterday, the Cabinet approved the pyrite resolution Bill which will be debated in the House next week. I will come back to the Deputy on the other matter he mentioned about the building regulations.

When is the gambling control Bill to update and consolidate the law on betting and gambling expected in light of English legislation under which a mandatory 3% levy will be placed on all online transactions from next year? We have talked about this for the past 12 to 18 months.

The heads of that Bill were cleared last July but I think it will be the latter half of next year before it comes to light. It is a complicated process.

What is the progress on the promised exchange of criminal records information Bill whereby criminal records data are exchanged between this jurisdiction and other EU and non-EU jurisdictions, with particular reference to habitual sex offenders?

The heads of the exchange of criminal records Bill were cleared last year. It will be early next year before it is published.

When can we expect publication of the regulation and valuation of land Bill which will merge the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland?

I do not have a date for publication of that Bill. I will give the Deputy an update on the work that is proceeding on it.

I understand the review of the wind energy guidelines 2006 are to be published. How long will the consultation process afforded to the public be? Does the Taoiseach not think it would be more appropriate to put in place a robust regulatory framework on a legislative basis to deal with the-----

That is not a matter for the Order of Business.

Legislation is promised-----

-----governing wind farms.

One Bill is in the Seanad and the other is a Private Members' Bill from a member of a Government party.

We are not dealing with Private Members' Bills.

I have asked about this on a number of occasions and for time to be made available to debate this important issue in the House. The Taoiseach promised that it would be made available but it is still not forthcoming. This is an extremely important issue in the midlands and it is being ignored. Members of the Government parties are saying one thing in the House and something totally different in their constituencies.

(Interruptions).

There should be an opportunity for all Members of the House-----

Not on the Order of Business.

These are both Private Members' Bills and discussion was held on them. In regard to the Deputy's comment on saying things in the House and different things in constituencies, I refer him to a comment made by the late Jim Kemmy on that a number of years ago.

I refer to the issue raised by Deputies Martin and Troy. I was at a committee this morning at which the Government members backed off on a motion they had last week in regard to EirGrid.

We are not interested in where the Deputy was this morning.

We are interested in what he is doing now.

I was doing my duty as an elected Member at the committee of which I am a member.

I am delighted to hear that, but not on the Order of Business.

I want to wish you a happy Christmas as well, a Cheann Comhairle.

I wish you luck turning on the tree this evening. I hope to join you.

Is Deputy McGrath not around next week? Is he taking next week off?

It is very important that we are talking about trees and lights. I hope EirGrid will have enough power to put on the Christmas tree lights. They are telling us the lights are going to go off.

The Deputy is behind the news. It was called off two days ago.

When will the EirGrid Bill be brought in to regulate all of this? The Commission for Energy Regulation and others are not doing it.

The Taoiseach has an answer for the Deputy.

I want to keep the lights on at all costs.

The Deputy's question has been answered already.

It will be next year.

I will not be able to follow that, a Cheann Comhairle.

Thanks be to goodness.

The Deputy could wish us a happy Easter.

A judicial review by a company seeking to construct a major infrastructural project-----

We are not into judicial reviews.

-----in north Kerry has been unsuccessful.

Please, Deputy, do not make a fool out of everybody.

I am asking the Taoiseach under the mineral development Bill about a €500 million project in north Kerry that is in jeopardy.

It is subject to a judicial process.

That is not in order on the Order of Business.

I am asking about the mineral development Bill.

Why did the Deputy not confine himself to asking about the Bill?

The Chair would not give me a chance.

It is next year, a Cheann Comhairle.

Everything is next year.

This year is nearly done.

I ask people to remember that we are in the Houses of Parliament here. This is not a sort of-----

I would like to ask the Taoiseach about the health service delivery plan for 2014, which has been delayed. It was supposed to go before the health committee this week. Is there a reason for the delay? When is it likely to go to the Cabinet? When will it come before the health committee? In light of the extent of the cuts that are proposed for 2014, is there any prospect of having the plan debated in this Chamber?

I have already dealt with this. There is no reason for the delay. The Minister will comply with the requirement on him to respond to the draft plan that is submitted by the HSE.

There is a delay.

If there is no reason for the delay, why is there a delay?

There is no reason for a delay, but there is a delay.

Why is there a delay?

He takes his time.

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