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Dáil Éireann debate -
Wednesday, 26 Feb 2014

Vol. 832 No. 2

Order of Business

It is proposed to take No.13a, statements on allegations in relation to An Garda Síochána (resumed); and No. 18, Protected Disclosures Bill 2013 [Seanad] - Second Stage (resumed). Private Members' business shall be No. 135, motion re post office network (resumed), to conclude at 9 p.m. tonight if not previously concluded. Tomorrow's business after Oral Questions shall be No. 14, statements on Ireland's engagement with Europe. It is proposed, notwithstanding anything in Standing Orders, that the proceedings tomorrow in relation to No. 14 shall, if not previously concluded, adjourn at 12 noon on that day and the following arrangements shall apply: the statement 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 15 minutes in each case and such Members may share their time; the statement 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 statement in reply which shall not exceed five minutes.

There is one proposal to be put to the House. Is the proposal for dealing with No. 14 agreed? Agreed.

The protection for the 13,000 IBRC mortgage holders is a key issue. I listened with interest this morning to the chairman of the Oireachtas Committee on Finance, Public Expenditure and Reform, Deputy Ciarán Lynch, raise the possibility of the Government bringing forward legislation to deal with this issue in terms of creating a statutory framework whereby the purchasers of the loan book would come under the statutory code of conduct, including the code of conduct on mortgage arrears and recourse to the Financial Services Ombudsman. I know that Deputy Michael McGrath has tabled legislation to that effect. Given the urgency of this, will the Taoiseach give Government time to allow that Bill to be debated and to indicate whether he intends to publish legislation in line with the comments of Deputy Lynch this morning? Prospective buyers are now asked to comply voluntarily with the codes. Will that be included within a statutory framework?

I listened to Deputy Donnelly last week saying that all these mortgage holders were going to be sold down the Swanee with the process that is being followed here. The Minister dealt with this on a number of occasions because the liquidator has a responsibility in terms of the creditors. The Minister pointed out that were he to interfere in the process, he could be open to legal challenge from other elements in the system. I am glad to note that the potential bidders have said that they will sign up voluntarily to the extra codes set down by the Central Bank. That is obviously an important issue for those who are among the block of 13,000 mortgage holders. I will ask the Minister to reflect on the point made by Deputy Martin and to see whether it is possible to legislate for that given that he has already said formally that were he to attempt to interfere in the process, the liquidator having a duty to the creditors could make him subject to legal challenge.

The Taoiseach might communicate in respect of that.

Yes, I will.

I asked about voting rights for Irish citizens living overseas when I raised the programme for Government commitment on the Constitutional Convention with the Taoiseach yesterday. The Taoiseach told me that the deadline for dealing with the recommendations of the convention was six months. My understanding is that it is four months and the convention's fourth report on Dáil electoral reform makes some very important recommendations. They include increasing minimum constituency size and establishing an independent electoral commission. That was published in August 2013 so that is a long time ago. Can the Taoiseach clarify whether it is six months or four months and when that report on electoral reform will be dealt with?

In respect of the Health Reform Bill, I do not know if the Taoiseach saw the report in The Lancet which said that among other things, there was a direct link between patient risk and staffing cuts. According to Professor Anne Scott who led the Irish arm of the study, "the assumption that hospital nurse staffing can be reduced to save money without adversely affecting patient outcomes may be misguided at best, and fatal at worst." Will this Bill take into account the fact that the safety of patients is decreased and the burden on nurses increased because of cuts and will there be an opportunity to debate that in this Chamber?

In respect of the latter point, 700 nurses were recruited and employed last year. Of course, there will be an opportunity to discuss all these matters in terms of the publication of the universal health insurance paper, which will deal with a range of issues that arise as one changes from a two-tier to a one-tier system. I must admit that the report referred to by Deputy Adams should have been dealt with in four months.

It was due in, I think, by December. That deadline was not met; I admit that. It was probably due to the rush of legislation, the exit from the bailout, the budget and all of the rest of it. The Department of the Environment, Community and Local Government is considering its views on it. I will give Deputy Adams an up-to-date report as to when we can expect it to come to Government, make our views known and debate that report of the convention here also. My apologies for not meeting the timeline. There were reasons for it.

I am loath to raise this matter again but, given the fact that issues relating to bail and its ready availability seem to be in the public arena in respect of other matters discussed in the Chamber today, and also given that I have raised this issue consistently for the past three years and, prior to that, for ten years in opposition, might it be possible to bring the relevant legislation before the House as a matter of extreme urgency? Otherwise, we may well be revisiting some of the issues now being discussed, much to the detriment of the respective systems.

Deputy Durkan has raised this on a number of occasions. It is an important piece of legislation. As I understand it, the drafting of the heads is at an advanced stage in the Department of Justice and Equality. I know that that is a statement. I need to find out a little more as to what that actually means, but we would like to get this to Government so that it could go back to the committee for public engagement. I will come back to Deputy Durkan.

I thank the Taoiseach.

I will raise two issues with the Taoiseach. First, the criminal justice (proceeds of crime) Bill is meant to strengthen the Criminal Asset Bureau, CAB, legislation and is awaiting Government approval. Will the Taoiseach provide an update?

Second, I raised the matter of the Coroners Bill with the Taoiseach last week. Is there an update? That Bill has been stuck in the Seanad for several years.

Deputy Neville raised this matter in respect of the Coroners Bill. He asked for a written report on it, which I will send a copy of to Deputy Terence Flanagan. As to the question of the proceeds of crime Bill, the issues around policy matters here are still being discussed with the Criminal Assets Bureau. They know we are interested in it, but obviously one cannot rush them in what it is that they are doing.

The Taoiseach mentioned the debate on his plans essentially to hand the health service over to private insurance companies. He did not state exactly when that would begin. Also, he used that issue to deflect from the stark findings of a report showing that the number of patient deaths increases after surgery when nurse-patient ratios rise. Given the facts that four patients to one nurse is the optimum, according to health sources, and that 12 patients to one nurse on night duty in Irish hospitals is common, is the Taoiseach disturbed by the danger to patients that is posed by ongoing cuts-----

To which Bill is the Deputy referring?

-----by the Government's health and austerity policies? Perhaps he would address this matter under the health reform Bill, which is on the A list of Government legislation.

When is that Bill due?

The Bill is for this session and we will have an opportunity to discuss The Lancet report and all of the issues that are associated with it.

The landlord and tenant Bill will reform and consolidate the general laws on landlords and tenants. When does the Taoiseach expect its publication? The sale of alcohol Bill will codify the law relating to the sale and consumption of alcohol. When can we expect that Bill?

The Minister of State, Deputy White, is dealing with the alcohol Bill. I do not want to give Deputy Fitzpatrick a date because I do not know when it will come through, but the Minister of State has done a great deal of work on it.

The other one was the landlord and tenant Bill. I do not have a date for publication of it.

Will the forthcoming public health (alcohol) Bill provide adequate funding and resources to local and regional drug task forces, including my own southern regional drug task force, to implement alcohol strategies? Task forces are required to implement local alcohol strategies even though their funding continues to be cut. It was cut by a further 3% in the recent budget. Expecting task forces to tackle the alcohol problem with diminishing resources is not acceptable.

There was a very good conference on this in January. The local drugs task forces are now being expanded to deal with alcohol also. We discussed this only this week at a sub-committee. The Minister obviously is looking at them - they have been around for 25 or 30 years - to see how effective they are. In that sense, the Minister will bring his recommendations to Government shortly.

When does the Taoiseach expect the Department of Justice and Equality's proposed Court of Appeal Bill to be before the House? Furthermore, is it proposed within the context of that Bill to reform other courts within the current structure? For example, could consideration be given to changing the law so that lesser offences, such as minor public order issues, can be dealt with immediately in a community court instead of in the District Court? An offender would then not have his or her future prospects affected by a criminal record.

The Court of Appeal Bill was up at Cabinet yesterday and approved for drafting as a priority. The Minister for Justice and Equality made it perfectly clear that the first community court will be trialled here - that is not a pun - in Dublin city centre.

Under the environment (miscellaneous provisions) Bill, will the Taoiseach ask the Ministers for the Environment, Community and Local Government and Agriculture, Food and the Marine to extend the date for tree felling and hedge cutting? Appalling damage has been done around the country and trees are overhanging. Councils have authority to-----

Deputy, please. What Bill are we talking about?

The environment (miscellaneous provisions) Bill. Councils can instruct landowners to fell these trees, as landowners cannot do so after 1 March despite the danger to the public.

Thank you very much.

Ceist amháin eile, if the Ceann Comhairle does not mind. In the past, the Taoiseach gave commitments to the Omagh bombing families. They met the Minister for Justice and Equality, Deputy Shatter, on 19 July 2012, but he has not responded to them yet. I am inquiring under the criminal justice (victims rights) Bill. The Taoiseach promised the Omagh bombing families on air at an Ard-Fheis that he would get them justice.

Perhaps the Deputy could table a parliamentary question.

The Minister has not dealt with them or met them despite the fact that the Taoiseach told me he would.

Get it right, unlike yesterday.

I have it right.

I do not have a date for publication of that Bill that the Deputy mentioned. As the Deputy is aware, local authorities have the power already where, if trees are deemed to be a danger to the public, they can deal with them.

The Deputy has too much on his mind.

Not after 1 March.

It does not require an extension of the period.

It does not apply.

Local authorities have that power already.

Where there is a tree that is a danger to the public or is likely to fall-----

This is all very interesting, I am sure.

-----they can deal with it.

Deputy Mattie McGrath has too much on his mind.

There is nothing on Deputy Coonan's mind except sawdust.

I call Deputy Kirk.

I just wish to raise two quick matters.

Sawdust is a big problem.

Deputy Mattie McGrath would be a good judge of that.

I am sorry, but give Deputy Kirk a chance.

Sawdust from those trees.

The constitutional convention has made a range of recommendations for constitutional change during the past 12 months or so. What plans has the Government? Is a referendum day being considered or is it a question of prioritising some of the recommendations? How will the Government handle the matter during the remainder of its term?

What political arrangements have been made for keeping the Narrow Water Bridge on the cross-Border agenda, given its importance in the greater scheme of things in the north east? Perhaps the Taoiseach could advise the House of how that will be done.

We have already made arrangements for the Narrow Water Bridge to be on the agenda for the North-South Ministerial Council meeting in June, which will be hosted here. This is an issue that concerns a great number of people obviously. We want to keep that very much alive.

As to the constitutional convention change, Government has already agreed that there should be a referendum next year on equality of marriage - gay marriage - and reference to a number of other propositions, for example, a reduction in the voting age in regard to presidential elections. There will be no referendum this year in that sense, so Government will have to make a decision as to the number of referenda that will be held arising from the recommendations of the constitutional convention. So, the political process will be to put in place a commission to make preparations for whatever number of referenda Government decides and to introduce the legislation so the questions can be asked. That process will be put in train in plenty of time, but we have to make a decision as to what number and on what issues besides the one that is already confirmed.

In light of the decision of the Ugandan President yesterday to sign anti-gay laws into practice, what plans does our Government have to raise the issue? I accept there is no pending legislation on this matter, but this is a matter of serious importance for us as a Western democracy. We must work with African countries.

I think you put in a topical issue request.

I did, but unfortunately it was not selected.

Be patient and leave the request in, and we may be able to deal with the issue that way.

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