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Dáil Éireann debate -
Thursday, 8 Oct 2015

Vol. 892 No. 2

Order of Business

It is proposed to take No. 15a, motion re sittings and business of the Dáil to be taken without debate; No. 44, Climate Action and Low Carbon Development Bill 2015 - Report Stage (resumed); No. 1, Choice of Court (Hague Convention) Bill 2015 [Seanad] - Second Stage; and No. 6, Dublin Docklands Development Authority (Dissolution) Bill 2015 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that No. 15a shall be decided without debate; in relation to the sitting of the Dáil on Tuesday, 13 October 2015, the following arrangements shall apply: the Dáil shall sit at 2 p.m., shall sit later than 9 p.m. and the motion for the general financial resolution shall be moved not later than 12 midnight, whereupon the Dáil shall adjourn forthwith; and the Budget Statements and the financial motions by the Minister for Finance shall be taken at 2 p.m. and the following arrangements shall apply: the opening statements of the Minister for Finance and the Minister for Public Expenditure and Reform shall not exceed 45 minutes in each case; the statements of the main spokespersons for Finance and Public Expenditure and Reform for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed an aggregate of 60 minutes in each case, and such Members may share their time; and following the statements, the sitting shall be suspended for 30 minutes.

Tomorrow's fortnightly business shall be: No. 74, Public Holidays (Lá na Poblachta) Bill 2013 - Second Stage; and No. 75, Employment Equality (Abolition of Mandatory Retirement Age) Bill 2014 - Second Stage.

There are two proposals to be put to the House today. Is the proposal for dealing with No. 15a, motion re sittings and business of the Dáil, without debate. agreed to? Agreed. Is the proposal regarding the arrangements for the sitting of the Dáil on Tuesday, 13 October 2015, agreed to? Agreed.

I ask a question relating to the planning and development (No. 2) Bill, which appears on the A list, and which brings me back to my previous question. I expect the Minister, as a member of the Cabinet briefed by the environment Minister when approval was sought and received for the ordering of 150 modular units, would surely have inquired as to whether emergency legislation was required for the units to be in place prior to Christmas. We have had emergency proposals and legislation for financial matters in the past and as previous speakers and others have alluded to, the Government can no longer sit on their hands with this crisis. Apart from the medium to long-term proposals emanating from the Government - I would question many of them - there has been no effort or urgency to bring forward immediate solutions.

Is the Deputy inquiring about legislation?

In the context of such legislation, surely the Minister, as a member of the Cabinet, would have been briefed by the environment Minister on the necessity for emergency legislation or amending the planning and development legislation to allow the housing units be placed in whatever locations have been intimated. Even if we want to put a portakabin on a piece of land, we need planning permission for that. To say that legislation might be required does not cut it; it demonstrates the inaction and blasé attitude towards this issue. If the Cabinet sat around the table and had this proposal put to it, these questions should have been asked and answered in a forthcoming way. I have no reason to believe that was not the case but I wonder if it was the case, having listened to the answers I heard earlier.

The Deputy is inquiring about legislation.

The planning and development (No. 2) Bill is being drafted and is expected in this session. No decision has been made as to whether emergency legislation will be required.

I have a number of issues to raise. Each term, we get a copy of the legislative programme, which is published and circulated to everybody, giving an indication of what Bills will be published. For example, the current programme indicates that 34 pieces of legislation will be produced before Christmas. I wish the Government well in that regard. The rest of the programme is a wish list and I do not see the point in many of the Bills. There are 72 pieces of legislation to be published in 2016, if it is possible, and with another 35 it is not possible at this stage to indicate a time for publication. Some of them have been on the legislative list since 2011, including the sale of alcohol Bill, the national monuments Bill and the gambling Bill. What is the purpose of the document that is circulated to us at the start of each term?

I raised my second issue last week but I still have not heard from the Whips or the Tánaiste on the matter. It relates to the Constitutional Convention, which was quite a laudable achievement. However, the problem is that the House is now continuously insulting those people who took the time and effort-----

Is the Deputy seeking a debate?

I am seeking several debates as several of the reports were supposed to be debated in the House within three months of publication. We are now over a year and a half on from the publication of some of the reports and beyond that in other cases.

I know the Minister is aware of No. 72 on the legislative list, the Digital Hub Development Agency (dissolution) Bill, which is to transfer the Digital Hub operations to Dublin City Council. The Minister visited the hub recently, opening the Grainstore. I ask that the Bill be fast-tracked to ensure that Dublin City Council will have the required powers to cope with the Digital Hub as, I hope, it expands.

I thank the Deputy for his support on the Digital Hub. He is correct in that it is progressing and work is taking place at the location. The legislation is likely to be brought forward next year. With regard to the Deputy's general point on legislation, all Departments have ongoing legislative work. The Deputy knows better than I do that some legislation is more complex than others as he is here longer than me. Some legislation is prioritised, given a particular requirement that may occur in the Department or in the Government. The Deputy will accept that this Government has always been ambitious and we have demonstrated that over the four and a half years we have been in office. We are trying to ensure that we complete our legislative programme before the term of office finishes. In all likelihood, we will not manage to complete every single piece of legislation that we have aspired to; we will do as much as we can.

There are nine Members offering to speak so I ask for brevity.

With regard to the health reform Bill, an issue has arisen in hospitals. It has come to my notice that in hospital reception areas, staff will not give out information to priests or preachers of whatever religion because of a new rule. A register would previously have been given to a member of the clergy if required.

The Deputy is speaking to the detail now.

We have all been privy to incidents with family and friends where a hand of friendship in an hour of need is gratefully accepted. Are we now to have priests and preachers walking around hospitals looking for information? Will the Minister speak to HSE managers about this? I have written to the Minister for Health.

I am sure we will get a debate on that.

It is a significant issue.

The Deputy should raise it by way of Topical Issue.

This has been done for years in people's hours of need. I am sure everybody has been in a hospital in the country when a hand of friendship from a clergyman or person of whatever religion has been gratefully accepted.

This is political correctness gone crazy.

There is no date as yet for the publication of the legislation mentioned by the Deputy at the outset of his contribution.

In 2013, 7,500 people put pen to paper and made submissions to the Department of the Environment, Community and Local Government about wind energy guidelines. Those guidelines have been moved to the Minister's Department, although I did not realise he would be here today. There are people waiting for the guidelines to be put in place.

To which legislation is the Deputy referring?

It is the current energy Bill. Many communities are waiting for those guidelines to be published. It seems there are silos operating in the two Departments and one is not speaking with the other. We must examine the sustainability of renewable energy.

It is not a Government priority.

We need an energy mix. When does the Minister expect to publish the guidelines? Will tariffs be increased, particularly for biodigesters and bioenergy other than wind energy in the energy Bill?

The publication of the wind energy guidelines is a matter for the Minister for the Environment, Community and Local Government and not the Minister for Communications, Energy and Natural Resources. Nevertheless, I am in consultation with the Minister, Deputy Alan Kelly, in respect of those guidelines. It is no secret that this is a difficult issue because there is a tension between the need for genuine community and citizen engagement on the issue, particularly on the location of wind farms. There is also the matter of compliance with renewable energy targets in the context of the 2020 responsibilities. It is a big issue of concern but I am working with the Minister, Deputy Kelly, on it.

Last year, drug task forces were given added responsibility for taking on alcohol issues and they have really embraced that work. We met recently with representatives of the Dublin 12 drugs and alcohol task force. They are concerned that the public health (alcohol) Bill will not go through. Will the Minister give a commitment that before the Dáil is dissolved, the legislation will be brought through?

I have a similar question on the human tissue Bill. The soft opt-out option was a big issue a year and a half ago and we went to meetings in Croke Park about it. There was a campaign to bring the matter into the public domain but we still do not have the human tissue Bill. Will the Minister commit to bringing that through before the Dáil is dissolved?

When I was in the Department of Health, I was very much involved in the proposals that have been brought forward by the current Minister, Deputy Varadkar, in the alcohol Bill. I agree with the Deputy that is extremely important legislation. It is listed for this session. That is the position in respect of that Bill.

Regarding the human tissue Bill, that is likely to be next year.

I understand the Government could run right through to the month of April.

The Deputy had better be hoping it does

There is a Seanad election where the Labour Party has presented to the electorate an excellent candidate called Maíria Cahill. If we were to run until April of next year, it would give us adequate time to enact necessary legislation.

I am anxious to find where this legislation is at the moment.

Which Bill is that?

Where are we with the spent convictions Bill, the Assisted Decision-Making (Capacity) Bill, and the public health (alcohol) Bill, as my constituency colleague has rightly raised? The Minister says the alcohol Bill is listed. When is it likely to be taken? Finally, what is the position on the human tissue Bill? Does the Minister think we could have all four Bills passed before the dissolution of this Parliament in April?

I did not catch the fourth Bill. I caught the spent convictions Bill, assisted decision-making Bill and the public health (alcohol) Bill. I did not catch the fourth one.

Will the Government run until April?

The human tissue Bill.

I have dealt with that. The human tissue Bill is likely to be next year. The spent convictions Bill, I understand, is on Report Stage, as is the assisted decision-making Bill. There is a good chance that they will see the light of day before 8 April.

Wishful thinking.

I have addressed the public health (alcohol) Bill with Deputy Collins.

The mediation Bill is scheduled for 2016. If the heads have been cleared and it is ready to roll, is it likely to be accommodated in the first session in 2016?

The bail Bill is an issue I have raised on a number of occasions in the past. I understand the heads are at an advanced stage, if they are not already concluded. Is it intended to ensure it comes before the House in the first part of 2016?

My final question relates to the Criminal Law (Sexual Offences) Bill, No. 25 on the Order Paper. That is important legislation. Is it likely to be concluded in this session?

The Criminal Law (Sexual Offences) Bill is currently before Seanad Éireann. The heads of the mediation Bill were cleared and it is listed for next year. The heads of the bail Bill were cleared in July and that is also scheduled for next year.

I have three brief questions. Will next week's Estimates be the real Estimates for 2016 or will we actually get the 2016 Estimates afterwards? Since we changed to an October budget, we are in a situation where several of us in the Opposition have made submissions to the Ministers, Deputies Howlin and Noonan. When are the real 2016 Estimates available?

Is the judicial counsel Bill a red-line piece of legislation, given that the Chief Justice and others have called for it to be implemented urgently?

The Minister is a northsider and he might remember that we had modular housing in a number of places on the northside. The problem was that people were left living in those modular units, prefabs, for decades. It was the task of people in politics to try to resolve that. I do not think that is the solution. The Minister, Deputy Kelly, seemed to be moving towards that position with Fr. McVerry. We should declare a housing emergency. We have all been calling for it.

Deputy Broughan can raise that another way.

I have no doubt that the Estimates that will be published and dealt with in the Houses will be real. Judicial counsel legislation is planned for this session. The issue of modular housing does not touch on legislation, unless it is determined that legislation might be necessary. Things have moved on a great deal in terms of our housing provision since the issue the Deputy is talking about.

Does the Minister remember that era?

No. 6 on the A list is a child care (amendment) Bill. That is to be published shortly. It commits Tusla to preparing an aftercare plan for young people in care. It has been my experience in recent times that children placed in care cannot be assured of proper services while they are in care, never mind after they leave care. In one recent case, somebody placed in voluntary care waited six months before they were seen by Tusla. Can the Minister tell us what is happening about that important legislation?

I also want to ask about the building control Bill. I ask this in the context of the housing crisis. I am conscious of the veracity of the points made by Deputy Broughan just a few minutes ago. How is the Minister going to ensure when these modular homes are developed that they are temporary in nature and that they do not become the Irish equivalent of the American trailer parks?

If the Government considers the housing situation to be a top priority, how can the Minister or any other Minister come in here today and say they do not know whether legislation will be required in order to fast-track the delivery of these units? Given the length of time this issue has been on the agenda, the very least we would expect is that every Minister in the Cabinet would know what legislative measures were required.

No decision has been made yet as to whether legislation will be necessary in order to achieve what the Minister has announced. That is the position and the Deputy understands it perfectly clearly. The child care (amendment) Bill was cleared by Cabinet this Tuesday. It will be published in the coming days as a Seanad Bill.

I am amazed by the Minister's response to a previous question on the publication of the wind energy guidelines. He seemed to brush over the urgent need for publication of same by saying it is no secret that there is a disagreement between him and his Cabinet colleague in respect of it. This is an extremely important issue, on which thousands of people made submissions and which affects communities the length and breadth of this country. It is not getting priority from Government. In the past couple of weeks there have been rumours that the export of energy is now back on the agenda. Any developer could put in a planning application under 2006 wind energy guidelines, which we all agree are totally outdated. A Government backbencher published legislation on this over two years ago and nothing has been done on it. We need to know categorically when the wind energy guidelines will be published, so that we have robust legislation to ensure communities are protected and that we can utilise wind energy as a resource.

I understand the independent children's rapporteur report has been with the Minister for Children and Youth Affairs since February. It is usually published before the summer recess. We are now well into the autumn session and it has yet to be publicised.

On the planning need for modular homes, it is unbelievable that a woman was brought to court for having a satellite dish over her front door-----

That is a different issue.

-----and we do not know whether a modular home will need planning permission or not. How out of touch is this Government?

I am always amused when people say there are rumours abroad. It is usually the person who says that who is starting the rumour. I certainly have not heard the rumours Deputy Troy refers to. The wind energy guidelines are a serious matter and are being dealt with as such. I did not say there was no secret about a disagreement between colleagues, I said it is no secret that there is tension in the country - we might as well face this - between the imperative in respect of developing renewable energy, on the one hand, and the real community concerns about the location of wind farms on the other. That is what I said there was no secret about and Deputy Troy should not put words in my mouth. We are seeking to resolve that and we will resolve it, in the interests of the Irish people and our renewable energy policy.

In respect of the independent children's rapporteur, I will have to respond later to the Deputy. It is not a legislative matter but I will do what I can to try to ensure that the Deputy gets that information.

As a follow-up to a question I raised on the Order of Business with the Taoiseach yesterday - that is, the one-year bankruptcy Bill introduced by the Minister's colleague, Deputy Penrose - the Taoiseach kindly stated that he would get back to me, because it definitely needs consideration, and he sounded enthusiastic. The good news is that Deputy Penrose has told me that the Attorney General has cleared it in full for publication. I ask the Minister to bring all his Labour Party energies to bear with the Cabinet and get it published quickly, because it is interlinked with the housing crisis and all the other matters.

On another related matter, there is €26 billion in promissory bonds maturing out towards 40 years. This, of course, reflects what the second last witness who came before the Joint Committee of Inquiry into the Banking Crisis, Mr. Ajai Chopra, stated on the second last day of evidence: that the redemption of €8 billion in bonds to secondary market bondholders should not have occurred.

We are not going to have a debate on that.

Mr. Chopra said that. I ask the Minister to bring up in Cabinet the question of the €26 billion in promissory bonds for cancellation and bring it to Mario Draghi and say, "Mario, we are cancelling them. The country is wrecked."

We are out of time.

As the Leas-Cheann Comhairle will be aware, there is strike action now at St. Vincent's hospital, the premier flagship university hospital of this country.

I thank Deputy Mathews.

There is a housing crisis. The body Ireland is diseased and the Government must do something about it, not debate it.

I call on the Minister to reply to Deputy Mathews' question about legislation.

In relation to legislation, there was only one issue in the Deputy's intervention-----

The one-year bankruptcy Bill.

-----and that was in relation to the bankruptcy Bill. The Taoiseach expressed enthusiasm and I support the Taoiseach's enthusiasm in that regard.

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