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Dáil Éireann debate -
Tuesday, 18 Feb 2014

Vol. 831 No. 1

Order of Business

It is proposed to take No. 6, motion re referral to joint committee of proposed approval by Dáil Éireann for a regulation of the European Parliament and of the Council amending Decision 2005/681/JHA establishing the European Police College, CEPOL; No. 7, motion re appointment of An Coimisinéir Teanga; and No. 19, Protected Disclosures Bill 2013 [Seanad] - Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn on the adjournment of Private Members’ business, which shall be No. 137, motion re the Garda Síochána Ombudsman Commission, and shall be taken on the conclusion of No. 7 or at 7.30 p.m., whichever is the later, and adjourn after 90 minutes, if not previously concluded; No. 6 shall be decided without debate; and the proceedings in respect of No. 7 shall, if not previously concluded, be brought to a conclusion at 7.30 p.m. tonight 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, shall not exceed ten minutes in each case and such Members may share time, the speech of each other Member called upon shall not exceed ten minutes in each case and such Members may share their time, and a Minister or Minister of State shall be called upon to make a speech in reply, which shall not exceed five minutes. Tomorrow's business, following Oral Questions, shall be No. 20, Fines (Payment and Recovery) Bill 2013 - Order for Report, Report and Final Stages; and No. 21, Health Service Executive (Financial Matters) Bill 2013 - Second Stage (resumed).

There are three proposals to be put to the House. Is the proposal for the late sitting agreed to? Agreed. Is the proposal for dealing with No. 6 agreed to? Agreed. Is the proposal for dealing with No. 7 agreed to? Agreed.

In respect of the Garda Síochána Ombudsman Commission, GSOC, I believe the Taoiseach indicated earlier there would be a referral of issues to the Joint Committee on Justice, Defence and Equality.

Can the Taoiseach clarify whether the Government is proposing legislative changes or will be sending the heads of a Bill? In that context, my colleague, Deputy Niall Collins, has published legislation that would give additional powers to the ombudsman commission, particularly in terms of bringing the Commissioner within its remit of accountability, giving access to PULSE and a number of other matters. Will the Government be prepared to facilitate the committee considering that legislation and discussing its contents? It was put forward in good faith by Deputy Niall Collins and is a constructive contribution to the issues in respect of giving greater powers to an independent statutory body such as the Garda Síochána Ombudsman Commission. I ask the Taoiseach to clarify whether the Government proposes legislation.

Second, with regard to the health (general practitioner medical service) Bill, there is much confusion abroad regarding the position of the Minister of State, Deputy White, which appears to suggest there will not be completely free GP care for all, which was a key promise and plank of the programme for Government. He suggested that nothing is free and that fees for the free service were being considered. I ask the Taoiseach to confirm when that Bill will be published and whether it will legislate for free GP care, as contained in the programme for Government? In that context, will the long-term illness part of the programme for Government be deleted or will it be followed through in this legislation? I refer to the commitment to provide medical cards to long-term illness card holders.

As for the consideration by the Joint Committee on Justice, Defence and Equality of the Garda Síochána Act 2005, there has been a great deal of comment in recent weeks on this legislation's structure, efficiency and effectiveness. Consequently, the Government has asked the joint committee to take public hearings from those who have commented publicly about inefficiencies in the Act and so on. This is part of the change to engage with civic society to a far greater extent. I have not had sight of Deputy Niall Collins's Bill but if it is constructive, I am sure it can feed into the report the Oireachtas committee can make with regard to any recommendations for amendment, change or addition to this Act. The Government genuinely seeks to have a situation in which there is absolute integrity, a working relationship and working capacity between GSOC and the Garda Commissioner.

I make the point that the other day, I heard some comments on the difference between the position here and in Northern Ireland. Whereas the ombudsman in Northern Ireland had the opportunity to oversee the chief constable, that ombudsman did not have the capacity to oversee MI5. We do not have an MI5 but have a Garda Commissioner.

That is an odd excuse.

Clearly, the High Court judge appointed to look at the use of surveillance equipment produces an audited report each year and has completely unobstructed access to all the information about that matter. There is a difference there that people must understand. This is part of a process and I am sure Deputy Niall Collins can feed his views and constructive proposals into that business. Alternatively, if he wishes, he may move his Bill here in the House.

The Bill mentioned by the Deputy will be published in this session and obviously, people will have an opportunity to have their say on it.

On that point, I presume that when the High Court judge is appointed to inquire into these matters, that High Court judge will have access to the same information as has the supervising High Court judge in respect of surveillance activities. The Taoiseach might clarify this point.

The terms of reference are being drafted at present for the judge to be appointed.

I understand that. I understand they are being drafted by the Minister for Justice and Equality, which does not fill me with any-----

Obviously, the Deputy has the same access to that report as anyone else, because it is a published report.

Everyone has the same access to that report because it is a published report on the direction of a High Court judge. In respect of access about the matters of surveillance, it is a published report each year.

Last week, I raised with the Taoiseach the recent enactment of the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013, which provides for the Minister for Public Expenditure and Reform to regulate for sick leave across the public service. Does the Taoiseach remember this? Ministerial regulations are to be laid before both Houses of the Oireachtas and these regulations can be annulled within 21 sitting days. This new sick leave scheme is due to begin on 31 March and the Minister responsible, Deputy Howlin, was to confirm last week when the regulations would be laid before the House but he has not done so. The Taoiseach might shed some light on that.

I am advised that a letter has been prepared for Deputy McDonald on that matter. The effective date for implementation is 31 March.

I refer to another matter I attempted to raise with the Taoiseach earlier, I am advised inappropriately, because I was not asking the questions. Therefore, let me now ask the Taoiseach about this matter pertaining to promised legislation from the Department of Health on foot of the Quirke recommendations for the Magdalen women. I remind the Taoiseach that promises were made and agreed in respect of the health needs of these women. The services were to include GP services, prescribed drugs, medicines, aids and appliances, dental services, ophthalmic services, aural services, home support, home nursing and counselling services, as well as a range of other services including chiropody and physiotherapy. None of this has been delivered on despite the fact that together with many others, I have raised this issue repeatedly. It appears as though there is a block in the Department of Health in respect of the necessary legislation to make these services available. When will that blockage cease and when will Members have sight of the legislation? Then when will the Minister for Justice and Equality and his Department introduce the necessary measures to make sure those services will be equally available to survivors who live outside of this jurisdiction?

I stated there was a letter for the Deputy regarding the other matter of 31 March. For once, I can confirm to the Deputy that there is no blockage in the Department of Health.

That is one in a row. Members should celebrate.

The reason is that this Bill on restorative justice is coming from the Department of Justice and Equality.

That is not what I have been told by the Department of Justice and Equality.

It is on the A list and will be published this session. The Government made it clear in respect of the Magdalen decision that it wished to be as generous as possible to those who live within and outside the State.

The Magdalen report is being implemented. Much work is being undertaken, payments are being made, etc. This Bill from the Department of Justice and Equality dealing with these issues is on the A list and will be published this session.

On the Order Paper is No. 143, a motion regarding acute psychiatric services in the west of Ireland. Can the Taoiseach facilitate a debate on this issue and will he agree to putting a stay on plans to spend €13 million at University Hospital Galway to replace a state-of-the-art acute psychiatric facility already commissioned in Ballinasloe, which is costing €3.1 million?

That sounds like a parliamentary question to me.

There was a public meeting in Ballinasloe at the weekend at which people were extremely angry about the wanton waste of public moneys in closing a state-of-the-art facility to build a new facility on top of a car park in Galway.

The matter is one for discussion on Private Members' Business in the Seanad. Deputy Naughten is aware of the Vision for Change document setting out the view on how psychiatric conditions should be dealt with for the future. I am aware of the situation in Ballinasloe in both St. Brigid's Hospital and Portiuncula Hospital. The Minister of State at the Department of Health, Deputy Kathleen Lynch, is dealing with this area. There are patients in St. Brigid's in a new unit, as yet unopened, who are supposed to be in the unit which is deemed to be closed, with the transfer of patients to Galway. There are implications for Portiuncula and Roscommon. I am not sure which entity Deputy Naughten favours and whether he wants them both kept open in the context in which they were built.

We want to keep an eye on Castlebar too.

We will not discuss that at the moment.

The Vision for Change document is accepted by all as the right way to go. It is a case of not losing focus on the patients, who should be the central feature of all concerns here - both the younger psychiatric patients and elderly people with a psychiatric condition.

Yesterday it emerged that considerable funding is needed in Gallery Quay in the docklands, purchased by Túath Housing, to refurbish homes purchased which were not properly built. Many homes around the country could be in the same position and voluntary housing bodies could face serious financial problems as these are discovered. Tenants need to know where they stand when they are left without a home by one of the main prongs of Government housing policy. Will the forthcoming housing (miscellaneous provisions) Bill provide protection for these tenants of voluntary housing schemes?

I am afraid we do not discuss the contents of Bills, only when they are due.

When the Bill comes up, does the Taoiseach have any idea whether such provisions will be in it?

The heads have been approved, the Bill is expected this session and these matters can be raised at the committee hearings.

The sale and consumption of alcohol is a serious problem in this country.

I note that. Deputy Bannon told us the same thing last week.

As far back as 2002, when I was a member of the Midland Health Board, the strategic task force published its report and recommended an outright ban on alcohol advertising. We have the largest binge-drinking population in Europe, something we cannot be proud of.

That is all very interesting, but this is the Order of Business.

We will get Deputy Bannon the number of Alcoholics Anonymous.

Hardly a week goes by without a number of fatalities and murders occurring in our country.

I appreciate all that, but-----

When will we have the sale of alcohol Bill? It is important that it be brought forward.

We got there at long last. When is the sale of alcohol Bill due?

The Minister of State at the Department of Health, Deputy White, is concluding his work on this. We are a while away from publication yet.

He is getting great support from Fine Gael - not.

There is a commitment in the programme for Government to introduce a gender recognition Bill. The Minister for Social Protection, Deputy Burton, has referred the general scheme of the Bill to the Oireachtas Joint Committee on Education and Social Protection. That committee has concluded its consideration and consultation process. When does the Taoiseach expect to see the legislation?

It is part of the more open process to have the committees take pre-legislative hearings in order to engage with civic society to a far greater extent than ever before. That is concluded by the committee and it will send a report to the Minister, who will then prepare the detailed process of the legislation. It is on the conveyor belt, but having engaged with wider society far earlier than used to be the case.

It is two and a half years since the Government announced that the strategic investment fund would be established on a statutory basis to channel money from the National Pensions Reserve Fund into commercial projects. For whatever reason, we are still awaiting the legislation, which will facilitate job creation. The Betting (Amendment) Bill is going through the House, awaiting Committee Stage. The gambling control Bill should be taken in parallel to deal with the negative aspects of betting, particularly the addictive nature of some of the betting patterns in the country. Why is that Bill delayed and when will it be published?

It is not due until the back end of this year. The Betting (Amendment) Bill awaits Committee Stage. The National Treasury Management Agency (amendment) No. 1 Bill, which will deal with the strategic investment fund legislation, is listed for publication this session. That is practically finalised and I expect it to be published very soon.

Legislation has been promised to provide for an information and tracing service for applicants seeking information about adoptions and to put it on a statutory basis. To what extent have the heads of that Bill been discussed or approved by Cabinet? When can we expect to see it before the House? The Red Cross (amendment) Bill has been proposed for some considerable time. The good people sitting in opposition now had thoughts on it before they left office. Have the heads of the Bill been approved, when is it likely to come before the House, and is it likely to be passed this year?

The Red Cross (amendment) Bill is not listed on the current programme and the heads have not come before Government. At the current rate of progress it will be next year before it is published. I asked the Minister for Children and Youth Affairs, Deputy Fitzgerald, to send around an up-to-date information note on the adoption Bill for Members of the House. This is not as easy as it seems. There are complex legal and constitutional issues involved.

On the Taoiseach's earlier response on the gender recognition Bill, I take his point on transparency and pre-legislative procedures, but could he give some indication as to when this Bill is likely to make its appearance? A number of organisations are in touch with us to get an approximate timescale on this. When does the Taoiseach intend to introduce the criminal justice (proceeds of crime) Bill, which is to strengthen the powers of the Criminal Assets Bureau?

We are still talking to the CAB about that Bill. The CAB has raised a number of issues that need to be teased out. I presume the organisations Deputy O'Dea mentioned were anxious about the gender Bill have already given their proposals at the pre-legislative hearings. It now goes into the process of a report being prepared for the Minister and they can then translate this into the legislation. Once the Minister receives the report I will be able to give a better idea of when it might be published.

With school places and entry exams coming up, families are very concerned that their children might not get the proper opportunity for an education. When can we expect the education (admission to school) Bill, which is to ensure the process for enrolment by schools is more open, equitable and consistent?

The pre-legislative hearings on this are finished and the education (admission to school) Bill is for this session.

I refer to the health information Bill, which is to provide a framework for better governance of health information initiatives, including data matching and health information resources for use in the health services. Two key issues have arisen recently: the publication of mortality rates in the various hospitals throughout the country and the consultants' report into maternity services in the west, with which the Taoiseach will be very familiar. When will this Bill be published? It is critically important that we have informed debates on these issues. Major concern is being raised about maternity services in the west. As a proud Mayo man, the Taoiseach would like people to continue to be born in Mayo for many years to come.

The report will undermine confidence in maternity services in the west today, tomorrow and next week. We cannot wait a long time for the Bill when there is concern among the public about the consultants' report on maternity services. The same holds true with regard to the report on mortality rates in hospitals and the comparisons between them. When will the Bill be published? It might bring some credibility on the issue of data.

I will have to get back to the Deputy on when the health information Bill will be published. I will forward the up-to-date details to him.

The Coroners Bill which contains legislative changes for coroners has been stuck in the Seanad for the past two and a half years. Why is it delayed and when does the Taoiseach expect it to be brought before the Dáil?

The Bill has been on the Seanad Order Paper for some time. It was produced by the previous Government but has not been moved in the Seanad. Let us find out why not.

It is dead in the water.

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