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Dáil Éireann debate -
Tuesday, 25 Feb 2014

Vol. 832 No. 1

Order of Business

It is proposed to take No. 13, Health Identifiers Bill 2013 [Seanad] - Second Stage (Resumed). Private Members' business shall be No. 135, motion regarding the post office network. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit at 10 a.m. tomorrow; that statements on allegations in regard to An Garda Síochána shall be taken at that time and shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. and the following arrangements shall apply: the opening statement of the 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 30 minutes in each case and Members may share time, the statement of each other Member called upon shall not exceed ten minutes in each case and Members may share their time, and a Minister or Minister of State shall take questions for a period not exceeding 30 minutes. Leaders' Questions will be taken at 12 p.m. and Oral Questions shall be taken at 6.15 p.m.

Is the proposal regarding the sitting and business of the Dáil tomorrow agreed? Agreed. Is the proposal for dealing with parliamentary questions agreed? Agreed.

Is that in relation to questions to the Minister?

Oral Questions to the Minister for Public Expenditure and Reform, Deputy Howlin.

Will we have an opportunity to put questions to the Minister, Deputy Shatter?

Will the questions and answers session be for 45 or 30 minutes?

It will be for 30 minutes.

It is plenty of time.

I do not think so.

The Deputy might ask a lot of questions.

He might not get many answers.

Is the proposal agreed? Agreed

My first question to the Taoiseach relates to the publication of the White Paper on universal health insurance. Is it the intention of the Taoiseach to allow for Government time? It has not been published formally yet but it has been well leaked by the Minister for Health and others. We need some clarity on when it will be published. It is a key part of the programme for Government.

Will the Taoiseach indicate when the legislation to clarify the law surrounding assisted human reproduction, including the law relating to parental relationships arising from assisted reproduction, be published as well as the law regarding stem cell research? Is it the Taoiseach's intention to proceed with that commitment in the programme for Government?

With regard to universal hospital care insurance, when does the Taoiseach expect public hospitals to be given autonomy as per the programme for Government?

You passed a comment which may have been innocent but it is on the record. Accusing the Minister of leaking something is not in order without evidence.

It is not allowed?

It is not in order to accuse someone of leaking something unless you have actual evidence.

If he did it, it is all right.

No, it is not all right. We are dealing with the order of the House.

I did not want to bring in all the newspapers. I know you do not like that kind of thing.

Are you suggesting that plausible deniability is acceptable here?

You know the rules of the House. You are long enough around, like myself.

Sometimes briefings get in the way of leaks.

Briefings are different from leaks.

Briefings get in the way of leaks, sometimes.

(Interruptions).

I expect it to be published formally in the next two to three weeks. There will be a discussion in the House on Government time. The family relationships Bill is for this session. I do not have a date for Deputy Martin for the legislation on stem cell research. I cannot give a date in respect of public hospitals becoming autonomous. This is a matter of the involvement of various groups in the formation of trusts.

Tá ceist agam faoi reachtaíocht atá fógartha. We are advised that the health (general practitioner medical service) Bill is to provide a GP service to persons aged five years old and under. The plan was to have it in place by the middle of this year. The Irish Medical Organisation has strongly condemned the Government's refusal to negotiate and has also threatened a court injunction. Does the Government plan to negotiate with the IMO? How confident is the Taoiseach that the scheme will be up and running by the middle of the year? When will this health Bill be published?

The second question relates to the health reform Bill, which is to put in place new structures for the health service as set out in the Future Care and the disestablishment of the HSE document. Will the Bill include reform of the ambulance service? There is widespread concern at the response times and the risks delays create for patient safety. In my constituency there have been serious examples of lengthy delays, including one at the beginning of the year in which a local citizen died. When will the health reform Bill be published? Will it include reform of the national ambulance service?

Both Bills are for this session. Deputy Adams's first point related to the IMO and negotiations. This is being dealt with by the Minister of State, Deputy White. It is not a negotiation process, it is a consultation and engagement process. The difference relates to formal negotiation status and formal negotiation rights. The Minister is keen to have a full, comprehensive, thorough and genuine engagement with the general practitioners. Both Bills are for this session. I cannot confirm the position for Deputy Adams in respect of the ambulance structure but the Bill will serve to put in place new structures and the replacement of the HSE. It will be published in this session.

At the weekend the Constitutional Convention decided to support the inclusion of the right to housing in the Constitution. When will legislation be brought before the House to allow for a vote to enshrine these rights in Bunreacht na hÉireann? Will this decision be reflected in upcoming housing legislation, strengthening the State's responsibilities and citizens' rights to housing?

The Government has to consider the reports of the Constitutional Convention within a six-month period and give its view and response to the claims or proposals made by the convention. In all cases where the convention recommends a change to the Constitution a referendum will be required. I answered a question from Deputy Healy earlier about public housing and the pressure on for housing at the moment. That will be the focus of a specific Cabinet meeting due for Thursday, which will deal with the construction sector. Everyone will appreciate the necessity of making an impact in this area. We will also have the debate on housing, that had been promised, in the coming weeks. It was to have taken place three weeks ago but something else intervened.

The programme for Government contains a commitment with regard to sustaining the post office network in the country. Why has the Government, through its actions, done a U-turn with regard to this? In particular the actions of the Department of Social Protection are not helping to sustain our rural post offices.

There is a Private Members' motion on the matter today and tomorrow. The Government has put down an amendment to the motion. There are clearly opportunities for An Post to do new business in new ways. An Post won a contract from the Department of Social Protection which is worth €50 million a year. However, there is clearly a need to shake up the way that An Post works as well as many of the post offices and the range of business that they undertake. There are clearly opportunities here. There is no intention from a Government perspective of wanting to close post offices.

It is happening and the Government closed down Garda stations before.

The people who use banks generally put their child benefit and pension payments into banks. The people who have tended to use post offices are those who have not had bank accounts. There is an opportunity here for the postal service to consider in many new ways what post offices can actually do. It requires a change in digital culture and training and new ways of doing new business.

(Interruptions).

I imagine the Taoiseach is aware of the importance of dairy exports to the economic recovery of recent years. The super-levy regime is due to finish in March 2015. Has any thought been given to the issue of the transitional arrangements between now and then? Will it be necessary to bring forward any regulatory change to accommodate any possible transitional arrangements that the Government might be contemplating?

Does Deputy Kirk mean when quotas go?

As Deputy Kirk is aware, when they go Ireland will have one of the most productive dairy sectors in the world or on the planet. A considerable amount of money is moving through banks for investment in land, acquisition, leasing of land and the purchase of land because of the importance of this. There is no need for transitional regulatory arrangements as far as I am aware but I will have the Minister for Agriculture, Food and the Marine, Deputy Coveney, respond to Deputy Kirk on that point.

The employment permits Bill is promised for this session. Will the Taoiseach indicate the extent to which the Bill has progressed? When is it expected to be passed into law? Can we expect to have it dealt with in its entirety in this session?

Similarly-----

The Taoiseach was about to answer.

Gabh mo leithscéal.

Similarly, what is the position of the Garda Síochána compensation (malicious injuries) Bill. We hear a good deal about the alleged wrongdoing of those in An Garda Síochána. Perhaps we should reflect from time to time on the work they do, on the risks they take and those who have suffered injury or death in the course of their duty. What progress has been made in respect of the Bill? When can we expect it to be finally passed into law?

That is due for publication in this session. I agree with the sentiments expressed by Deputy Durkan. The employment permits Bill was cleared by the Cabinet some weeks back. There are some minor technical amendments that must be made and I expect it to be published by mid-March.

I am sure the Taoiseach is aware of the extensive damage that has been done to the coastline along the western seaboard as a result of the recent storms and the impact this is having on farming communities. Is there any possibility whereby the Taoiseach might consider, as part of the harbours (amendment) Bill, bringing forward appropriate legislation that would place responsibility for flood defences along the coast with a single unitary authority?

In the context of the harbours (amendment) Bill, will the Taoiseach consider bringing forward appropriate legislation to place responsibility for coastal flood defences in a single authority? In that way, one agency could deal with the aftermath of the devastating impact on so many communities, including the farming community in particular.

It might be nice in theory but various sectors have responsibilities in respect of maritime matters, including ports. Last week, the Minister for Agriculture, Food and the Marine, Deputy Coveney, received Cabinet approval for dispensing moneys to 120 different locations, which are small in scale but important nonetheless. That expenditure is proceeding. Meanwhile, the Office of Public Works is working with local authorities on their submissions to deal with major areas of damage, some of which are immediate while others are medium term. We also have to plan for the scale of the engineering challenge to deal with major defences in cities, towns and coastal areas.

When can we expect to see the gender recognition Bill?

It was to come today but I did not get around to it. I expect that it will be cleared next week.

I also wish to ask about the judicial council Bill.

That will be in this session as well.

I hope I will be in order in asking this, but it is in response to public demand. When will the Government respond to the submission it has received from Limerick City Council concerning the bill for flood damage in Limerick? Many home owners who were unable to obtain insurance against flooding are anxiously awaiting that response. The submission has gone to the Government, so can the Taoiseach indicate when we can expect a response?

I will have to come back to the Deputy on that matter. There was an immediate response on humanitarian issues.

I understand that.

There was also assistance for white goods and flooded houses. As regards the engagement with the insurance industry, including the Insurance Federation, where flood defences are being put in or are planned, there is no reason that insurance companies should not provide insurance in terms of the risks involved.

They are uninsured private houses.

Yes. I will have to revert to the Deputy on this specific question.

Next week, the National Women's Council and the Rape Crisis Network will hold a major seminar on domestic violence which will coincide with the launch of Europe's largest ever study on violence against women. In the past, the Minister for Justice and Equality has told this House that he is reviewing all domestic violence legislation. I wonder if the Government has any update on when it proposes to bring forward legislative proposals on domestic violence.

Work is under way to reform and consolidate the Domestic Violence Act 1996. It is planned that the reformed legislation will include provisions on emergency barring orders and safety orders. These reforms are needed to enable Ireland to ratify the Council of European Convention on Preventing and Combating Violence Against Women and Domestic Violence, which is known as the Istanbul convention.

The general scheme will contain provisions necessary to give effect to the EU regulation on mutual recognition of protection measures in civil matters. The scope of the provisions to be included in the reformed legislation is still under negotiation with a number of Departments. Once agreement has been reached, the general scheme will have to be considered by the Office of the Attorney General before being submitted to the Government for consideration. It is anticipated, therefore, that the process will take some time, as will the process of drafting the consolidated Bill. The aim is to publish the general scheme before the summer recess.

I wish to ask the Taoiseach the position regarding the coroners Bill, which was published some years ago. The last I heard, it was in the Seanad but I do not know if it has come through that House. It has been there for a number of years and I am anxious to know when the Coroners Bill 2007 will come before this House.

I will have to investigate this for the Deputy. The Bill has been on the Seanad Order Paper since 2007 but has not moved. I will consult with the Leader of the Seanad to see what is going on over there.

The Irish Mortgage Holders Association recently raised the fact that a number of gardaí find themselves in a difficult situation concerning their mortgages. They have had to seek support or face possible bankruptcy. Is amended legislation needed concerning the Garda Síochána's code of work practice or contracts to protect gardaí in this respect? As far as I know, they are not supposed to be in that situation, which could be dangerous for them.

There is a solution to all problems in regard to people in mortgage distress, be they members of a particular sector or not. However, it requires a working out of what are termed sustainable solutions - in other words, what arrangements one can make to enable people to get on with their lives without having a crushing weekly burden. It requires an engagement between both the lender and the borrower. Considerable numbers have been worked out. I do not think a change in the legislation would be equitable because similar changes would be required for every other sector as well.

My point is that gardaí could lose their jobs.

We cannot have a debate on the matter at this stage. I am aware that it is a very serious issue, but maybe we could try to look at it in some other way.

We must acknowledge the work that has been done by the Injuries Board since its introduction, particularly in reducing the cost of insurance claims throughout the country. This is particularly the case for businesses where insurance costs have been halved in recent years. It is important, therefore, to compliment the tremendous work of the board. In this context, when will the personal injuries assessment board (amendment) Bill come before the House?

I do not have a date for the publication of that Bill, but I will advise the Deputy on its state of progress.

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