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Dáil Éireann debate -
Tuesday, 29 Sep 2015

Vol. 890 No. 3

Order of Business

It is proposed to take No. 13, motion re referral to joint committee of proposed approval by Dáil Éireann of the transfer of proceeds from the sale of the State’s shareholding in Aer Lingus; and No. 46, Climate Action and Low Carbon Development Bill 2015 - Report 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 Private Members’ business, the Dáil shall sit later than 9 p.m. and shall adjourn on the adjournment of Private Members’ business, which shall be No. 206, motion re social housing and shall, if not previously concluded, adjourn after 90 minutes; No. 13 shall be decided without debate; and tomorrow’s business after Oral Questions shall be: No. 46, Climate Action and Low Carbon Development Bill 2015 - Report Stage, resumed; No. 6, Finance (Tax Appeals) Bill 2015 - Order for Second Stage and Second Stage: and No. 7, Criminal Justice (Burglary of Dwellings) Bill 2015 - Order for Second Stage and Second Stage.

There are two proposals to put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with No. 13, motion re referral to joint committee of the transfer of proceeds from the sale of the State’s shareholding in Aer Lingus, without debate, agreed to? Agreed.

We read today that a 90 year old woman faces a €1,500 bill in a satellite dish case following a planning enforcement by Dublin City Council. Is this what we have come to? All of us in this House have heard of numerous cases where councils failed to take enforcement measures against people who flagrantly disregarded planning laws, yet a 90-year old woman was taken to court over a satellite dish which she got as a birthday present. The context is the promised planning and development Bill. I ask that a clause would be inserted in the Bill to ensure something like this does not happen again, and that some sense of decency and humanity prevails in terms of how we enforce planning laws, because God knows an awful lot of them have not been enforced. People with far greater clout get away with far more than a senior citizen who has been dragged through the courts at such an age.

The planning and development Bill was promised by the Government. We read on Sunday and Monday about rent now being tied to inflation for a four-year period. Could the Taoiseach confirm that such a legislative proposal will be introduced within the next month? When can we expect the legislation about rent certainty and tying rent to inflation for a four-year period?

I seek clarification from the Taoiseach on the implementation of the programme for Government in terms of health. The Government said in the programme that it would introduce universal health insurance, UHI, with equal access to care for all. The document stated that under this system, there would be no discrimination between patients on the grounds of income or insurance status and the two-tier system of unequal access to hospital care would end. For good measure, the Government was very clear and specific four and a half years ago when it stated that a system of universal health insurance would be introduced by 2016, with the legislative and organisational groundwork for the system complete within this Government’s term of office. It was further stated that everyone would have a choice between competing insurers and that UHI would provide guaranteed access to care for all in public and private hospitals. It was stated that Exchequer funding for hospital care would go into a hospital insurance fund. There is an entire page on it but I will not go on about it at length, except to say that it was stated that the legislative basis for UHI would be established by the universal health insurance Act.

It was stated that a patient safety authority, incorporating HIQA, would be established and that the Government would act speedily to reduce costs in the delivery of both public and private health care and in the administration of the health care system. The document goes on and on for approximately eight pages in terms of the pathway to universal care insurance, the hospital care purchase agency and stating that legislation would be introduced. Reference was made to an expansion in the care for older people and community care. The programme for Government stated that there would be additional money every year and more home care packages every year. It was stated that the fair deal system of financing nursing home care would be reviewed, with a view to developing a secure and equitable system of financing for community and long-term care which supports older people to stay in their homes. Four and a half years later-----

They are all the things Deputy Martin did not do when he was in government.

-----the review is being published but no system has been put in place. There is also reference to integrated care, cost control, health administration, capital developments and mental health, among other areas. This is important. Will the Taoiseach confirm to the House that everything I have outlined that he said would be implemented within the lifetime of the Government will not be so implemented, in terms of legislative commitments on universal health insurance? The reason that is important is the Government is now producing a whole series of new five-year plans – capital development plans and plans for this and that-----

Plans Deputy Martin only ever dreamed of.

I remind the Government and Government Deputies that they should please be very careful-----

Deputy Martin should know.

-----about what they will promise the people, because they will not buy it in the context of the programme for Government. It is an extraordinary document. I asked the Taoiseach two years ago whether he would review it, rewrite it or update it, but he refused.

Deputy Martin has made his point.

When the Minister for Health, Deputy Varadkar, said he could not implement the changes, the Taoiseach gave out to him and said, "Behave yourself, Minister Varadkar, you had better implement it." Could the Taoiseach confirm that this is not going to happen within the lifetime of the Government?

Is that what Mr. Ahern said to Deputy Martin?

Could he also explain why the health information Bill has been taken off the list of legislation that was published by the Chief Whip recently? It has been on the legislative schedule for four and a half years, each year without fail. It was a commitment to introduce a major upgrade in IT capabilities in the health systems.

I am pleased Deputy Martin reads my correspondence.

Why is the Bill no longer listed?

In the context of the health reform Bill, the Government promised that the HSE would cease to exist over time. That was promised in 2011. While the Bill is listed, it states that it is not possible to indicate when publication is expected at this stage. That is a phrase we have become used to over the past four years but now that we are getting to the end stage, I suggest to the Chief Whip that he would change the terminology and say the Bill will not be introduced during the lifetime of the Government.

Could the Taoiseach indicate when we can expect the finance Bill? Will it contain any provision for a bank levy in terms of banks that refuse to cut their variable mortgage interest rate? The Minister, Deputy Noonan, has said different things at different times. He has huffed and puffed and said he would talk to the banks, that he would intervene, that he would introduce a bank levy, yet today he said competition is a better way of doing it. That was his most recent iteration on the interest rate saga. He has taken no action whatsoever.

He has done fairly well so far, though.

In respect of the criminal justice Bill, gardaí are dealing with very outdated equipment and surveillance technology and they are hopelessly under-resourced to fight organised crime, general criminality, fuel smuggling and laundering, smuggling and so on. When can we expect the criminal justice (offences relating to information systems) Bill, which is to deal with cybercrime, to be introduced? I thank the Ceann Comhairle for his forbearance.

The planning and development Bill does not need a clause that requires common sense. I do not know the details of the senior citizen in question but I have heard the headlines on the radio. Clearly, anybody dealing with an issue like that should be able to apply a measure of common sense and not have this end up in court.

Universal health insurance will not be introduced in 2016. I will have to update Deputy Martin about the list he read out to see what has happened in respect of the nine or ten issues he legitimately raised.

It has not happened yet.

That has happened. I am talking about what has happened with the issues he has raised. I confirm to him that universal health insurance will not be introduced by 2016 and the Minister has made that clear already. As a result of the fact that we now have a fiscal space, we are able to put together a programme out as far as the budget of October 2020, which will be just over €3 billion in respect of capital expenditure for health facilities, primary care centres, hospital facilities and so on. We can and will be able to afford that and, hopefully, it will go a long way towards improving the facilities for people who work in the health services and for patients.

The health information and patient safety Bill is there in section B. The bank levy is a matter for the budget and the Minister has referred to this on a number of occasions. He has been having meetings with the banks and will present his budget on 13 October.

The criminal justice Bill to which the Deputy referred will be taken this session. I will send Deputy Martin a note on what has or has not happened in respect of the list of issues he raised.

I have already received the note. It states that nothing has happened.

I will see that it does not contain bland generalities.

I am sure that will be a massive relief to Deputy Martin.

I wish to raise three issues. We have been promised the reformed and consolidated domestic violence Bill and we were led to believe it would be prioritised in the course of this Administration's tenure. It now appears the legislation will not have come through the Oireachtas by the time the Dáil is dissolved and we go to the people. This is a matter of immense frustration. I engaged in lengthy correspondence with the previous Minister, Deputy Shatter, on this issue. He rather unhelpfully wrote to inform me he was not considering this legislation because he had better and more important things to do. That was when the troika was in town but we were then told the legislation would be prioritised and it clearly has not been. The Bill is listed in section B and its expected publication date is 2016. It is very poor that the Taoiseach and his Government have failed to bring forward this legislation despite all the crocodile tears. It is a matter of huge disappointment.

The disability and equality (miscellaneous provisions) Bill was to ratify the UN Convention on the Rights of People with Disabilities and to make further technical amendments to disability and equality legislation. This has been anticipated for quite some time but the Taoiseach and all of us will discover, when we speak to people in the course of the election campaign, the extent to which those with disabilities feel they have suffered very serious and disproportionate cutbacks at the hands of the Government. The Government has now failed to introduce this and other items of legislation to underpin the rights of these people and to ratify international instruments.

Third, and finally, the criminal justice (Stormont House Agreement) implementation Bill refers not to budgetary matters or sustainable budgets but is to give effect to the provisions of the Stormont House Agreement that deal with the legacy of the past. There remains a difficulty in respect of so-called Tory welfare reform, for which one must read "cuts", but both the British Government and the Government in Dublin have been slow and taken their eye off the ball by not bringing forward the legislation relating to the Stormont House Agreement that was expected. The Taoiseach rather ironically suggested that Sinn Féin - which, unlike his party, is elected in the North - not take its eye off the ball but it is, in fact, the Taoiseach who has taken his eye off the ball. Under "Status of Bill" it reads, "Publication Expected - Not possible to indicate at this stage." That is not great, is it? It is not helpful or the sign of a Government or a Taoiseach with their eye on the ball as regards stability and peacemaking in the North.

Believe me, the eye is very much on the ball. On the Stormont House Agreement, negotiations are very much advanced in respect of concluding an international agreement that will set up a commission of information retrieval, which is a new body to be established in both jurisdictions. I cannot give a date for publication except to say that those negotiations have gone very well and are very well advanced.

The Deputy also mentioned the reformed and consolidated domestic violence Bill. The heads of this were cleared in July and the estimated time for publication is early next year so the Deputy is not in a position to say it will not be published before the House is dissolved, unless she knows something I do not know.

On the Deputy's third point in respect of disability, I met representatives of disabled groups recently. We have taken a different line in Ireland from that taken by other countries which have signed the convention but not introduced the legislation. There are a number of pieces of quite complex legislation which we have now put into a roadmap so that we know exactly what we have to do to legislate before we actually sign. This includes the Assisted Decision-Making (Capacity) Bill, which was published in 2013 and which is currently ready for Report Stage in the Dáil. It will address the existing legislation governing capacity and will provide a series of options to support people with decision-making capacity difficulties to make decisions and exercise their basic rights in line with the principles of the convention. This morning there was another presentation where the categorisation of persons of unsound mind, a category which has existed from way back along the line and who are not in a position to stand for any electoral office, will be dealt with under an amendment to this Bill.

There is mental health legislation and there are other Department of Health issues and a review of the Mental Health Act 2001 has been completed. The report of the expert group was published on 5 March last. The bulk of the 165 recommendations relate to changes in mental health legislation and the Department is working on a general scheme to reflect those changes in revised legislation. The Minister for Health will separately deal with reform of the legislation regarding the use of electroconvulsive therapy, ECT. The Mental Health (Amendment) Bill 2008, which passed all stages in the Seanad in 2011, is currently on Second Stage in the Dáil. When enacted, it will make immediate changes to the Mental Health Act 2001 to ensure that ECT cannot be administered to an involuntary patient who has capacity and who refuses such treatment.

There are two main elements to the criminal law legislation. Section 5 of the Criminal Law (Sexual Offences) Act 1993 needs to be replaced and work is well under way on that. On 16 December last the Government approved the Criminal Law (Sexual Offences) Bill 2014 for publication, which includes wide-ranging provisions to protect and enhance the protection of children and vulnerable persons from sexual abuse and exploitation. Amendments to repeal section 5 of the Act are being prepared.

Second, an amendment to section 4 of the Criminal Law (Insanity) Act 2006 will be necessary to address the issue of discriminatory treatment of persons whose decision-making capacity is in question. That was the subject of a judgment of the High Court in G v. District Judge Murphy. In that case, the court found that the failure to provide a mechanism whereby a person charged with an indictable offence whose fitness to be tried is called into question but is later established can obtain the benefit of a guilty plea before the District Court violated the requirement of equality before the law under Article 41 of the Constitution.

The final category comprises all other necessary miscellaneous amendments, including those needed to update outmoded, unsuitable and sometimes archaic language and provisions. This category will also include necessary amendments to the disability and equality Acts.

That is the road map that we need to legislate for and then sign the UN convention. Other countries signed first and are now in difficulty in not having legislation to give effect to what the declaration means.

What is the proposed schedule for the passage of the adoption (amendment) Bill, which will make a number of changes to adoption in respect of children within a family? Similarly, the health insurance (amendment) Bill is to provide for revised risk equalisation credits, corresponding stamp duty levies and a number of other changes. Are both Bills likely to go through the House in their entirety this session?

Yes, both Bills are due this session.

I thank the Taoiseach.

In Newbridge and south Kildare in general there is significant pressure on secondary school places. Parents of children in sixth class face a moment of panic as their children apply for school places and the parents do not know if their children will get into their chosen school next September. While the demographic survey the Department of Education and Skills is undertaking will address some of these issues relating to future school provision either through a new school or extension, what is the status of the Education (Admission to Schools) Bill? This important legislation has been published. When can we expect it before the House to address some of the issues regarding waiting lists and fees and to streamline schools' admission policy?

It is awaiting Second Stage in the House and it will probably be in the next couple of weeks. We hope to provide 43,000 additional post-primary school places by 2022 under the capital plan. When the details are provided by the Minister over the next few weeks, that will being relief and clarity for people about where their children will be able to go to school.

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