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Dáil Éireann debate -
Tuesday, 3 Feb 2015

Vol. 866 No. 1

Order of Business

It is proposed to take No. 19, motion re ministerial rota for Parliamentary Questions; No. 20, motion re membership of committee; and No. 7, Personal Insolvency (Amendment) Bill 2014, Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 19 and 20 shall be decided without debate. Private Members' business shall be No. 182, motion re European debt.

Tomorrow's business after oral questions shall be No. 7, Personal Insolvency (Amendment) Bill 2014, Second Stage (resumed); and No. 8, Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015, Order for Second Stage and Second Stage.

There is one proposal to be put to the House. Is the proposal for dealing with Nos. 19 and 20, without debate, agreed to. Agreed.

The latest figures today from the Irish Nurses and Midwives Organisation show there are 518 people waiting on trolleys in emergency departments throughout the country, with 54 people awaiting admission to University Hospital Limerick. Again, we are looking at a serious situation in our emergency departments. It is reaching critical levels and heading close to the record-breaking 601 figure of December.

The Minister for Health, Deputy Leo Varadkar, predicted that the situation would worsen before it gets better. Given that the emergency department task force has only met three times will the Taoiseach indicate whether there is a need to accelerate the legislative proposals in the health arena, in particular the health information Bill and the health reform Bill? Will the Taoiseach outline what plans the Government has to accelerate legislation, particularly legislative interventions around the fair deal scheme that could create the environment to allow quicker discharge from hospitals, thereby freeing up capacity within the emergency departments? What are the Government's plans for the crisis?

As Deputy Martin is aware, these are important issues. The legislative programme has been published from here to the end of this session. It includes 41 Bills and many of these are in the health area. Beyond the legislation, action is required. As the Minister has outlined on a number of occasions, the situation that we find is not satisfactory.

Clearly, delayed discharges are having an impact on admissions to hospitals and therefore there are trolleys in corridors and so on. I have said before that an extra €25 million was allocated this year to deal with this as well as 300 extra approvals under the State nursing home support scheme. The waiting time for approved funding has dropped but it is still not satisfactory or where it should be. A further 50 beds have been secured from the private sector. Extra beds are to be brought in on a phased basis in Mount Carmel Hospital from the end of March. At the end of November last year there were 22,000 people in receipt of financial support from the State, 602 people had been allocated funding and 1,416 applications for the scheme were in progress. As of October a total of 8.5 million home help hours were issued to 46,600 people, but this is a growing cohort, as Deputy Martin is well aware.

Deputy Martin referred to the question of accelerating the legislation. The Minister has set out his priorities in terms of action and legislation and we try to follow that through as expeditiously as we can. I will advise Deputy Martin of the progress in respect of that legislation.

Under the legislation for referendums there is a proposal to change the nominating procedures for the presidency arising out of the Constitutional Convention. The Government committed to a referendum on that, as I understand it, in terms of actually changing how potential candidates for the presidency are nominated, which is a substantive issue. Can the Taoiseach indicate whether the Government will be legislating on that front?

The Government has said that we would receive the proposals from the Constitutional Convention. If the Government accepted them, it would say so and indicate the intention to hold a referendum, but not indicate timelines. The Government has made a decision in respect of two referendums. This is not one of them, but I will advise Deputy Martin on the question of legislation. As I understand it, this is not on the priority listing at the moment.

Tá trí cheist agam: ceann amháin faoin health information Bill, ceann eile faoin sale of alcohol Bill agus an ceann deireanach faoin Health (General Practitioner Service) Bill 2014. The health information Bill has been promised since 2001. It is supposed to govern and provide a legislative framework for health information in the health service. From 2001 until now there have been many discussion papers and submissions. Even now, 14 years later, the Bill is still in section B of the Government's legislative programme. This is obviously unacceptable. It reflects badly on successive Ministers with responsibility for health. Will the Taoiseach confirm whether the Government actually intends introducing the health information Bill? Can we be given a date for when it will be published?

The Taoiseach mentioned the Minister for Health setting out his health priorities. One of these is to reduce alcohol consumption. The Minister for Health promised legislation on the matter. A report published last week by University College Cork on hazardous alcohol consumption concluded that we need minimum unit pricing and a ban on alcohol sponsorship at sport events. The lead researcher warned that without support at the highest level for evidence-based policy, attempts to tackle Ireland's hazardous relationship with alcohol may prove futile. I have asked the Taoiseach about this several times but still have not got clarity. When will the sale of alcohol Bill be published?

The Government had a deadline of July 2014 for free general practitioner care for those under six. We were then told that it would be at the end of last year and that deadline was also missed. In December the Tánaiste said that she was confident it would be rolled out in the new year but the Minister for Health said that he hopes free GP care for under sixes will be in place by the end of this year. We have conflicting signals from the Tánaiste and the Minister for Health on all of these missed dates. The Taoiseach talks about poverty and the Government's focus. When can we expect free GP care for those under six to come into effect? When can we expect free GP care for all children of primary school age? When will this be extended to all those under 18? When will the Bill published?

In so far as the GP issue is concerned, the legislation on those under six was actually enacted but discussions are still going on with the Irish Medical Organisation, as are discussions in respect of the over 70s. These discussions are continuing. The Bill for those under six has been enacted.

The health information Bill will be later this year although I do not have a date for it.

This morning, in respect of the public health (alcohol) Bill, the Government approved the drafting, publication and referral of the general scheme to the Joint Oireachtas Committee on Health and Children. It will deal with the introduction of minimum unit pricing, regulation of the advertising and marketing of alcohol, enforcement by environmental health officers of structural separation of alcohol from other products, labelling of alcohol products, regulation of sports sponsorship and so on. Approval was given this morning by Government to get on with this. The legislation will be introduced later this year once it is drafted and has gone through the pre-legislative hearing at the Oireachtas committee dealing with it.

I wish to ask the Taoiseach, bearing in mind previous promises that were made in this House, about a tenant purchase scheme for tenants in local authority houses. There are thousands of people who want to purchase their local authority homes. The Taoiseach's past and present Ministers have promised that the scheme will commence. The programme for Government states that the Government will put in place such a scheme. All I am asking is for fair play for these people who are saving up and want to purchase their local authority houses. Will the Taoiseach tell them tonight when that scheme will be put in place? The Government has fudged it long enough. I am respectfully asking the Taoiseach to indicate when the scheme will be put in place, when it will start and when the Government will notify all the housing departments of local authorities throughout the country that the scheme is going to commence.

I thank Deputy Healy-Rae for his question. I will have to come back to him. This is an important issue for the many people to whom the Deputy has referred. We have had these purchase schemes over the years and, by and large, they have been successful. I will advise Deputy Healy-Rae of the current position in so far as preparation for the scheme is concerned.

I have questions on two tranches of legislation.

First, given the miraculous appearance and disappearance of deadlines around water charges, a phenomenon that is now nearly akin to the moving statues, could we get some clarity from the Taoiseach as to when the new water services Bill will be published and when it will be debated? Can we get an absolute commitment that it will not be rammed through, guillotined, or decided in an overly short or contracted debate, rather that there would be adequate time for us to look at the legislation, to debate it and to scrutinise it, as it should be? Maybe he could give us some indication, because there is no clarity to my mind as to exactly what is going to be in this piece of legislation.

My second question is on the aftercare Bill, the draft heads of which were discussed last year. This Bill relates to young people who are in State care and are then released from State care and have nothing. Many of them have no supports and many find a direct route into homelessness and drug and alcohol problems, and we find them on our streets. Could the Taoiseach tell us when the aftercare Bill will come to this House?

The aftercare Bill, the child care Bill is listed for this session. Work is already under way on drafting that. On the water Bill, as the Deputy is aware, very few Bills were actually guillotined last year and there is no intention of guillotining any Bill. I think the number was only three for the entire year of 2014. There is no intention of guillotining Bills, or as the Deputy says, ramming them through in an overly short period. The Minister has not brought the heads of the Bill to Government yet, but I expect he will do so in the next couple of weeks.

Can the Taoiseach tell us what the water legislation will encompass? All we have so far are promises by Ministers that some legislation will, abhorrently, provide sanctions for those who cannot afford to pay the water charges or those who will never be reconciled to this new austerity tax. This country's landlords have more power over tenants than virtually any other country in the European Union.

Do not stray away on me.

Is the Taoiseach really planning to put tenants in an even more vulnerable position by giving landlords the power to raid their deposits to pay Irish Water? Has the Taoiseach forgotten the lessons of his native county and how the people of Mayo hated and rejected Captain Boycott-----

-----because of his form of landlordism? When exactly will this piece of legislation come forward if the Taoiseach will persist with it?

As Deputy Higgins is aware, in Lough Mask House, Captain Boycott brought down the forces of an occupying State to deal with the issues of corn and the collection thereof. It is a very different process than what is involved here.

Sounds like the troika.

The troika, yes. Christine Lagarde.

A couple of minutes ago, the Deputy's colleague was calling for the abolition of Irish Water and of water charges. Now he is asking me when the Bill is going to come before the House and what it will contain. I said to Deputy Boyd Barrett that it will be along in due course in the next few weeks and the Minister will outline for the House exactly what it will contain.

We need to know when to organise the protest.

I hope that in the meantime many more people will register and agree to make their contribution of €1.15 per week and €3 for week, as a contribution to developing our country and for citizens who have no access to clean water, who must endure inferior pipework-----

The Taoiseach will rue the day.

-----and get up every morning and boil the water for the next few years. It is not satisfactory.

The Taoiseach should just give us the heads and the date as soon as he can. We have to make up the posters.

In Dingle they know that very well.

One would nearly fit them into a phonebox now.

I congratulate the INMO on securing additional front-line staff for a number of hospitals this week. Last week I raised the issue of the Midland Regional Hospital in Mullingar and the Taoiseach seemed to belittle my enthusiasm about advocating the rights of the staff at that hospital, where there are 100 fewer whole-time equivalent nurses and midwives in the past five years. I want to ask about the content of the health reform Bill. When will we bring forward legislation to ensure that, as promised, the money will follow the patient, so that when a hospital's activity increases the resources will increase? When can we ensure that hospitals that currently have a deficient level of nursing staff and midwives will have additional staff provided?

Second-----

The Deputy is at about 40 questions at this stage.

On legislation in the area of children, the Taoiseach said before that this was the most reforming Government in the area of child welfare. I want to ask about two pieces of legislation, first the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. That was enacted by both Houses of the Oireachtas over 12 or 18 months ago. When will the commencement order be signed? Second, the Children First legislation, which will give effect to mandatory reporting of child abuse was originally promised three and a half years ago. We debated Second Stage early last year, a much watered-down Second Stage, I may add, where there are no sanctions for people who fail to comply with the legislation. When will the remaining Stages of that legislation come before the House, so that we on this side of the House will be afforded the opportunity to put forward the necessary amendments to ensure the legislation is fit for purpose?

I did not belittle the people down in Mullingar hospital. Far be it from me to do that. In fact, I complimented the front-line staff on the way they do their duty under difficult circumstances. I was referring to comments that had been made about people falling off trolleys there, which upset the nursing staff greatly.

No one made that comment

Yes, they did.

We can go back to the record.

I am not saying it was made in the House, but that the comment was made and nursing staff were very upset about it, and rightly so, because it did down their professional competence to look after people at the front line. I will have to come back to Deputy Troy regarding the health reform legislation. In respect of the national vetting bureau, I cannot give a date for the commencement of the order, but I will check with the Minister for Children and Youth Affairs. In respect of mandatory reporting, that Bill is awaiting Committee Stage and some further amendments, so the Chairman of the relevant Oireachtas committee may well know, but I will find out and I will advise Deputy Troy.

In light of the Taoiseach's change of heart, or the Government's change of policy, regarding the importance of the State's shareholding in Aer Lingus, as enunciated by the Taoiseach on Sunday - when he said he now believes the State's 25% is of strategic importance, rather than what he had stated heretofore, that it was just a matter of time before the shareholding would be sold - would he consider having a debate in the House to discuss the importance of not just the State's interest in Aer Lingus, but indeed the State's interest in other companies?

As Deputy Dooley is well aware, and I have heard his comments, this was the subject of intensive questioning here earlier to the Minister for Transport, Tourism and Sport. No formal offer has been lodged yet by IAG in respect of Aer Lingus, so I am precluded from making any comment on statements that I have read as to what is actually included in a presentation issued by IAG. As Deputy Dooley knows, the Government is the guardian of the public interest and is not beholden to one company or another. The duty of Government is to represent the best interest of the people. The Minister for Transport, Tourism and Sport has made it very clear that if and when a formal offer is tabled, it will be assessed very comprehensively.

I was referring more to the State's interest in various companies.

There are others and that is a matter for discussion. If his party Whip wishes to raise it with the Government Whip at an appropriate time, that is not a problem.

Legislation is promised to address the issue of the sale of distressed loan books to unregulated financial institutions. What is the progress of that legislation? Will it come before the House and be passed before the summer recess? If not, would it be possible to issue guidelines, which would at least give homeowner-borrowers similar protection to that received by the same original financial institutions in the banking guarantee?

Second Stage of the Bill will be taken in the House tomorrow.

I am delighted to hear it.

That is a tremendous result.

I do not know whether the Deputy had that information, but I referred to it when I announced the Order of Business. He can take it that the Bill will be discussed tomorrow.

I compliment the Government on providing more than €6 billion for the construction of a new accident and emergency department at the Midlands Regional Hospital in Mullingar.

It will be some accident and emergency unit at that price.

Work has commenced on the new unit in the past couple of weeks. I want to nail the untruth that patients in the Midlands Regional Hospital are falling off trolleys. Management at the hospital complained to me that a statement had been made to this effect. That statement needs to be corrected on behalf of staff at the hospital who are highly qualified and caring and do a wonderful job.

Are staff in other hospitals not caring?

The hospital needs more staff.

Untruths should not be broadcast in the media by politicians or anyone else.

To which legislation is the Deputy referring?

We should encourage people to continually upskill to ensure they will be prepared for new employment opportunities in the regions arising from An Action Plan for Jobs.

Parliamentarians should be similarly encouraged.

When will the apprenticeship Bill be brought before the House?

I believe the Deputy was referring to a sum of €6 million for the Midlands Regional Hospital in Mullingar because the figure he mentioned was astronomical. I assume he meant to refer to millions rather than billions.

Government Deputies have a habit of getting carried away.

The Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Damien English, is dealing with the apprenticeship Bill and due to report to the relevant Cabinet sub-committee on 23 or 27 February. It will then be brought to the Government on 3 March. The Bill is on its way.

The programme for Government promised additional resources for mental health services. It also contained a commitment to undertake a full review of the mental health strategy, A Vision for Change. However, this appears to have been taken off the agenda. Almost 1,000 nurses will leave the health service this year, including a substantial number in the mental health service. The Government must deliver on its promise by addressing the current crisis. What happened to the review of A Vision for Change? Will this issue be addressed in the health reform Bill? Will the public service recruitment embargo be lifted not only in mental health services but also across the health service to address the serious shortage of nurses?

The final report of the expert group established to review the Mental Health Act 2001 has been completed and presented to the Minister of State at the Department of Health, Deputy Kathleen Lynch, for consideration. The Deputy is correct that the programme for Government contained a commitment to review the Act of 2001. The review was to be informed by human rights standards and carried out in consultation with users, carers and other personnel based on a two-phase approach. The first phase involved a steering group which produced a well received interim report in June 2012. An expert group was then established in August 2012 to examine the steering group's recommendations. It completed its report in December 2014 which it presented to the Minister of State.

The figure of 750 mentioned by Deputy Dessie Ellis refers to the number of nurses who will be eligible to leave the health service on retirement this year. While many may choose to do so, we do not yet know what the final figure will be. The Health Service Executive is looking at the projections to fill these places. Perhaps nurses who trained here and have expertise in mental health services might return from abroad. I suggest the Deputy submit to the Ceann Comhairle a request to discuss this matter in the Topical Issue debate for the purpose of eliciting further information in a few weeks time.

I will do that.

When will the report on the value for money review of small schools which has been with the Government for two and a half years be published? The Minister for Education and Skills, Deputy Jan O'Sullivan, undertook to publish the report following a short review period. The number of one-teacher schools has increased fourfold since consideration of the report commenced. When will it be published in order that the House can debate it properly?

On the health reform Bill, the number of patients on trolleys in Letterkenny General Hospital stood at 40 yesterday, the highest figure since recording began, and is 28 today. A significant contributory factor in the problem is that hospitals outside large urban centres are finding it difficult to attract sufficient numbers of doctors, particularly to training schemes. For example, Letterkenny General Hospital has only six of the 16 medical registrars it should have, which makes it very difficult to deal appropriately with patients and is causing extended treatment and discharge times and problems with patients on trolleys. When will the health reform Bill and plans to ensure a proper service is delivered in hospitals be introduced? On the specific crisis in Letterkenny General Hospital, what does the Government plan to do in the meantime to ensure there will be no repeat in the coming weeks of the circumstances that arose yesterday and today when 28 and 40 patients were left on trolleys?

Nobody wants to see patients on trolleys in hospital corridors, which is the reason the Minister established a task force to examine the issue. The problems in a few hospitals have always been worse than in others. The position in Letterkenny General Hospital has fluctuated during the years. The task force will consider the implications for Letterkenny General hospital and other hospitals. A new agreement was reached just two weeks ago in respect of consultants' pay. Of the 380 consultant post vacancies, 180 are being filled by agency and locum consultants. It is important that appointments be made to front-line services.

The Minister for Education and Skills will publish the value for money report on small schools when she has finalised her examination of it, which will not be for some time yet.

I hope the Taoiseach had a good day in County Tipperary yesterday. There were so many Ministers with him that he could have held a Cabinet meeting. He is most welcome any time. If I had known he was coming, I would have gone to meet him.

What is the position on the Eirgrid Bill?

The task force on accident and emergency departments is not well equipped to deal with the problem in accident and emergency services because it has the wrong people sitting on it. Its members include too many senior officials. Will the Taoiseach provide a list of its 40 members? It does not have enough front-line staff such as nurses and hospital managers.

When will the child and family relationships Bill be published? This legislation has been promised for a long time. I understand the Bill prepared by the previous Minister for Justice and Equality, Deputy Alan Shatter, was withdrawn. This issue will become entangled with the forthcoming referendum. If confusion is sown, it will be to the detriment of the debate on the legislation. When will the Bill be published? We were told it would be passed by St. Patrick's Day. Will it be debated in the House or will the debate be guillotined? This is a serious issue.

I expect the Bill to be published by the middle of this month. I cannot give a date of publication for the Eirgrid Bill.

Some people in County Tipperary were inquiring about the Deputy. While he was not fully in favour with all of them, his name was mentioned.

The Taoiseach did not answer my question about the task force on accident and emergency departments established by the Minister for Health, Deputy Leo Varadkar. The wrong people are on the task force. There are 518 patients on hospital trolleys today. I visited my local hospital in Clonmel this morning where 13 patients were on trolleys. The wrong people are examining the problem and they will not sort it out because they are the problem. The right people must be on the task force if the problem is to be sorted out.

I will see to it that the names of the personnel who serve on the task force are published on the Department's website. The individuals in question are all experts in various clinical areas.

That is the problem. The task force members are all experts, rather than ordinary people who could implement the necessary changes.

Medical people understand best-----

I call Deputy Peter Fitzpatrick.

I am sure the Taoiseach and the Minister for Education and Skills will agree that it is important that every child receive a school place. The admissions process must be made more inclusive and equitable and the manner in which schools decide on applications must be shown to be fair and transparent. At this time of year many parents are worried about whether their children will be able to go to the same school as their friends. This is not the first time I have raised this issue. When will the education (admission to school) Bill be introduced?

The important Bill to which the Deputy refers is due for publication in this session.

I refer to two related Bills, the first of which is the planning and development (No. 1) Bill to give effect to Construction 2020 and, I hope, deal specifically with third party objections from organisations such as An Taisce. I note that Second Stage of related legislation, the Environment (Miscellaneous Provisions) Bill 2014, has been ordered. When will this Bill be brought before the House? It makes amendments to the Air Pollution Act 1987 and is of critical importance to a job creation project in Foynes, County Limerick where people are anxious to know when it will be introduced. Amendments to the existing legislation on the blending of low carbon fuels with biomass are critical to the creation of jobs in Foynes.

When will we see that legislation before the House?

For the information of the Deputy, the planning and development (No. 1) Bill is due for publication this session. Second Stage of the Environment (Miscellaneous Provisions) Bill will be taken in the House in the next few weeks.

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