Dáil Éireann debate -
Tuesday, 10 Nov 2015

Vol. 895 No. 3

Order of Business

The Taoiseach

It is proposed to take No. 14, motion re referral to joint committee of proposed approval by Dáil Éireann of the Horse and Greyhound Racing Fund Regulations 2015; No. 15, Social Welfare Bill 2015 – motion to instruct the committee; No. 16, motion re proposed approval by Dáil Éireann of the terms of the Intergovernmental Agreement on the Transfer and Mutualisation of Contributions to the Single Resolution Fund - back from committee; No. 45, Finance (Miscellaneous Provisions) Bill 2015 - Order for Report, Report and Final Stages; and No. 9, Horse Racing Ireland Bill 2015 - Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that, in the event that a division is in progress at the time fixed for taking Private Members' business, the Dáil shall sit later than 9 p.m. tonight and adjourn on the adjournment of Private Members' business, which shall be No. 216, motion re Health Service Executive emergency departments and shall, if not previously concluded, adjourn after 90 minutes; Nos. 14 and 15 shall be decided without debate; the proceedings on No. 16 shall, if not previously concluded, be brought to a conclusion after 20 minutes and the following arrangement shall apply - the speech of a Minister or Minister of State and of the main spokespersons for the Fianna Fáil Party, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed five minutes in each case; and that, pursuant to Standing Order 82(3), the Dáil shall waive its instruction that not more than two select committees shall meet to consider a Bill on any given day in the case of the proposed meeting of the Select Sub-Committee on Environment, Community and Local Government to consider the Dublin Docklands Development Authority (Dissolution) Bill 2015 on Wednesday, 11 November 2015.

Tomorrow's business after Oral Questions shall be No. 45, Finance (Miscellaneous Provisions) Bill 2015 - Report and Final Stages (resumed); No. 9, Horse Racing Ireland Bill 2015 - Second Stage (resumed); and No. 46, Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015 - Order for Report, Report and Final Stages.

An Ceann Comhairle

There are four proposals to be put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with No. 14, motion re referral to joint committee of proposed approval by Dáil Éireann of the Horse and Greyhound Racing Fund Regulations 2015, and No. 15, Social Welfare Bill 2015, motion to instruct committee, without debate, agreed to? Agreed. Is the proposal for dealing with No. 16, motion re proposed approval by Dáil Éireann of the terms of the Intergovernmental Agreement on the Transfer and Mutualisation of Contributions to the Single Resolution Fund, agreed to? Agreed. Is the proposal to allow three Bills in committee on Wednesday, 11 November 2015 agreed to? Agreed.

Deputy Micheál Martin

The Taoiseach indicated earlier that there would be a debate in the House when Mr. Justice Brian Cregan submits to the Government his interim report on the issues that have arisen. Will the Taoiseach confirm that time will be provided to hold a debate on the report? If I picked up the Taoiseach's words correctly, he indicated a debate would be held when Mr. Justice Cregan reports.

The Taoiseach

Yes.

Deputy Micheál Martin

Specifically, will the Taoiseach get the Department of Finance to clarify or the Minister of Finance to issue a statement on the reason the Department of Finance is not waiving its rights regarding the release of documents it has sent to the inquiry? The Taoiseach confirmed earlier that this was the position. This is a significant issue. It is extraordinary that a Department would retain its rights in this matter. It should co-operate 100% with the inquiry, which would mean waiving its rights with regard to the release of documents, including allowing the commission of inquiry to do so.

Earlier this year, the Minister for Health, Deputy Varadkar, promised legislation to establish a hospital trust, namely, the children's hospital trust, on a statutory basis before the end of the year. The Minister made a significant statement last week regarding proposed legislation on such trusts when he indicated they that they should behave like commercial semi-State bodies. He also stated that trusts which do not perform should be sent out to tender or their management transferred to a private provider for a certain period, which essentially amounts to the privatisation of public hospitals. Will the Taoiseach indicate when the Bill providing for a children's hospital trust will be brought before the Dáil? In light of the statement made by the Minister last week, will the Bill provide for a significantly different type of trust for the national children's hospital from the one we were promised?

Will the Taoiseach facilitate a debate on the €600 million Supplementary Estimate for health? As we approach 2016, many acute hospitals have significant deficits and overruns. These hospitals are unclear as to whether portions of the €600 million will be allocated to them to eradicate their deficits entirely. Many have significant issues in terms of trolley count, accident and emergency overcrowding, tensions and stress on staff, waiting lists and so forth. A little more transparency than that provided to date is required on the €600 million Supplementary Estimate and how it will be allocated.

An Ceann Comhairle

That is not a matter for the Order of Business.

Deputy Micheál Martin

I am asking about the Supplementary Estimate for health and requesting a debate on same.

When can we expect the landlord and tenant reform Bill, and will it deal with the abolition of development levies for homes sold for under €300,000? Finally, the Garda Síochána compensation (malicious injuries) Bill has been on the legislative programme for quite some time. Given the horrific attack on another garda this morning, can the Taoiseach confirm when the Bill will be brought before the House?

The Taoiseach

The Bill on malicious injuries is due early next year. The landlord and tenant reform Bill is due for later next year after the-----

Deputy Micheál Martin

After the election.

The Taoiseach

It will be after the Garda Síochána compensation (malicious injuries) Bill.

Deputy Michael Healy-Rae

When is the election?

An Ceann Comhairle

Stay quiet.

Deputy Billy Kelleher

Ask the Tánaiste.

The Taoiseach

Obviously, I will advise the Whip in respect of Deputy Martin's request for a discussion of the Supplementary Estimates. I do not have a date for the-----

Deputy Michael Healy-Rae

Election.

The Taoiseach

-----hospital trusts Bill. I do not think it will make it in this session.

Deputy Micheál Martin

We were promised it would.

The Taoiseach

I would be happy to have a debate in the House on the report of Mr. Justice Cregan when it comes to me. When it comes, I will have to ask him for permission to publish it. Obviously, we can have a debate in the House about the best way to proceed.

Deputy Micheál Martin

What about the statement from the Department of Finance?

The Taoiseach

The Department of Finance has already sent all the material without redaction. The legal advice it has is that any matter of confidentiality is a matter for the commission to overrule in the public interest.

Deputy Micheál Martin

Why would the Department of Finance be hiding anything?

The Taoiseach

Obviously, there are reasons for that. In this case, the judge has pointed out his difficulty.

Deputy Micheál Martin

Why would the Department of Finance be hiding documents?

The Taoiseach

It is not hiding any document.

Deputy Micheál Martin

It is. It is asserting the right to withhold documents from third parties.

Deputy Gerry Adams

The promised legislation on bankruptcy proposes to reduce the length of bankruptcy from three years to one year. It was handed over to the Joint Committee on Justice, Defence and Equality, which reported to the Minister at the beginning of July after unanimously agreeing that it should be reduced to one year. That is the last we have heard of it. It is still sitting on the Minister's desk. Will the legislation be presented to the Dáil and, if so, when? Will it be before the general election?

Tá tamall fada ann ó chuir mé an cheist faoi Acht na dTeangacha Oifigiúla don chéad uair. Cathain a fhoilseofar an tAcht seo? Tá pobal na Gaeilge ag fanacht air le fada agus tá siad tuirseach leis na geallúintí atá briste ag an Rialtas. Níl go leor ama fágtha ag an Rialtas. Tá sé ar a last legs, mar a deirtear. An bhfuil dóthain ama ann an Bille a chur os comhair an Tí agus a chur i bhfeidhm roimh an earrach?

The Taoiseach

Tá sé i gceist go dtabharfar an Bille sin isteach le linn an tseisiúin seo. Tá súil agam go bhfuil neart ama ann le haghaidh díospóireachta faoi.

Deputy Gerry Adams

Roimh aimsir na Nollag.

The Taoiseach

Sea. Tá súil agam go dtarlóidh sé sin agus beidh cead ag an Teachta Adams labhairt faoi cibé atá ar a aigne aige.

On the bankruptcy Bill, the joint committee has sent a report to the Minister for Justice and Equality and she is considering it. I expect the legislation will come before the Cabinet in the next couple of weeks with a request to publish it. It has been mentioned on a few occasions. I think Deputy Adams might have stolen someone's thunder on it today. In any event, he is first out of the blocks.

Deputy Paul Kehoe

Deputy Mathews looks amazed. Did he get a text from Deputy Adams?

Deputy Anthony Lawlor

I refer to the energy Bill and the reply by the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, to my question last Thursday. He asked me to ask the Taoiseach when we can expect the Bill and the wind energy guidelines to come before Government. I note that 7,500 people have been waiting for those since they made submissions in early 2014.

The Taoiseach

I cannot give Deputy Lawlor an answer to the question. There are two contradictory issues here. The Minister for Communications, Energy and Natural Resources and the Minister for the Environment, Community and Local Government and their respective Departments are working pretty hard to come to a conclusion on it. I cannot give the Deputy a date for the publication of the guidelines. However, I confirm that the matter has been the subject of discussion at a number of meetings I have chaired. I will advise the Deputy as to where they are or if there is the prospect of a date by which guidelines can be published.

Deputy Barry Cowen

In light of the announcement by the Minister for the Environment, Community and Local Government today of proposals on rent and the housing sector, will existing legislation be amended to give effect to some of those proposals? If so, when will they be before the House? Will adequate time be provided for debate and for recommendations and proposals to emanate from this side of the House?

The Taoiseach

It is intended that these will be implemented as quickly as possible. The Minister set out a series of amendments which it is expected will be dealt with, hopefully, this month. We will see through the Whips that adequate time is made available for discussion.

Deputy Peadar Tóibín

The Construction Contracts Act was introduced in the Oireachtas 1,800 days ago but it is still not functioning. It was introduced in an effort to ensure that subcontractors were not stuffed by those higher up the food chain. The chair of the organisation was selected last July but we still do not have a board of adjudicators in place to provide this badly needed service. Can the Taoiseach tell us when that will be in place?

It is five months since we had the cynical and strategic use of company law to defraud the workers of Clerys and to stuff the State for statutory redundancy. Where is the Government with regard to legislation on this? Finally, I add my voice to the calls on the one-year bankruptcy Bill.

The Taoiseach

I have answered the last matter in respect of the Minister for Justice and Equality coming before Government shortly. I will advise Deputy Tóibín in respect of legislation arising from the Clerys issue. The Construction Contracts Act was enacted in 2013. Perhaps the Oireachtas committee dealing with it might have an analysis of the performance to date. I can advise the Deputy of the progress on the board of adjudicators.

Deputy Ray Butler

When is publication of the family leave Bill, which will consolidate all family leave legislation with amendments, expected? When can we expect a reformed domestic violence Bill to consolidate previous versions of the Domestic Violence Act and include additional provisions to protect victims of domestic violence?

The Taoiseach

The family leave Bill is due early next year. The heads of the domestic violence Bill were cleared in July and work is proceeding on it.

Deputy Noel Grealish

With waiting lists spiralling out of control at University Hospital Galway, where more than 10,000 people are on lists awaiting inpatient and outpatient services, I do not know how the Government's penalisation of the hospital to a total of €1.2 million will solve the problem.

An Ceann Comhairle

No speeches. Please ask about legislation.

Deputy Noel Grealish

Can the Taoiseach tell the House when the health reform Bill will come before the House? Will the Bill address these issues?

The Taoiseach

I cannot give the Deputy an exact date for it, but I am glad to see that a major unit is being built at University Hospital Galway, which I visited recently.

Deputy Micheál Martin

There is no date for it.

Deputy Peter Mathews

I always like to avoid doubt, which is why I ask the Taoiseach again about the one-year bankruptcy Bill. It is urgent and an imperative to stop the ridiculous and unnecessary pain suffered by too many business people when they are already financially dead. It is an imperative. The Taoiseach should just tell the Minister to wheel it out. Deputy Penrose told me it was ready to go. The others have forgotten about it.

An Ceann Comhairle

No speeches. I thank the Deputy.

The Taoiseach

I saw Deputy Mathews's call to arms on this matter, a Cheann Comhairle.

Deputy Peter Mathews

It is an invitation.

Deputy Noel Grealish

He had to ask a lot of people.

(Interruptions).

The Taoiseach

The Minister for Justice and Equality will report to the Cabinet very shortly when she has analysed the report from the Oireachtas committee that she received on this matter.

An Ceann Comhairle

I call Deputy Durkan.

Deputy Paul Kehoe

Come on, lads. Will you help him? Micheál, will you not help him? You said you would.

Deputy Peter Mathews

Help the people, not me. It is the people we serve.

An Ceann Comhairle

Please. I have called Deputy Durkan. We are way behind time as it is.

Deputy Bernard J. Durkan

The Aarhus Convention Bill, No. 79, has been promised for some time. It is to provide for a number of EU directives, which will have implications for some of the other legislation that has been referenced. The criminal justice (community sanctions) Bill is to provide a modern statement of the law governing community sanctions and the role of the Probation Service in the criminal justice system. No. 96 on the list is the health (transport support) Bill for children with special needs who cannot access public transport. When are these Bills likely to be before the House? Will it be by the end of this session or in the next session?

The Taoiseach

Those three are scheduled for next session.

Deputy Bernard J. Durkan

I thank the Taoiseach.

Deputy Michael Healy-Rae

I am answering Deputy Mathews's call to arms and wish to support him in his statement.

An Ceann Comhairle

Good, but what is Deputy Healy-Rae on about?

Deputy Michael Healy-Rae

I am on about-----

Deputy Paul Kehoe

He is going to light the Christmas tree.

Deputy Michael Healy-Rae

-----the bankruptcy legislation.

An Ceann Comhairle

We have already dealt with it.

Deputy Michael Healy-Rae

No.

Deputy Peter Mathews

And we will keep dealing with it. That is the point.

An Ceann Comhairle

On the Order of Business.

Deputy Peter Mathews

We will keep dealing with it until it is addressed.

Deputy Michael Healy-Rae

I will raise two issues.

An Ceann Comhairle

We have dealt with it on the Order of Business.

Deputy Micheál Martin

The Taoiseach has not dealt with it.

Deputy Paul Kehoe

Gerry, let us take the Christmas tree.

Deputy Michael Healy-Rae

That is one issue, and the second-----

An Ceann Comhairle

Come on, will you?

Deputy Michael Healy-Rae

Yes.

Deputy Peter Mathews

Debating, debating, debating.

An Ceann Comhairle

Will Deputies stay quiet, please?

Deputy Peter Mathews

Deal with it. Do it.

An Ceann Comhairle

Will Deputy Mathews please stay quiet? He got his turn.

Deputy Michael Healy-Rae

The second issue relates to the tenant purchase scheme, which I have raised with the Taoiseach many times. Will he ask the Minister for the Environment, Community and Local Government to wake up-----

An Ceann Comhairle

This is the tenant purchase scheme.

Deputy Michael Healy-Rae

-----and introduce a scheme-----

Deputy John Browne

When will the Government build houses?

Deputy Michael Healy-Rae

-----as quickly as possible so that local authority tenants-----

An Ceann Comhairle

An environmental question is needed.

Deputy Michael Healy-Rae

-----can purchase their homes? The Taoiseach has promised me many times that he will deal with this issue.

An Ceann Comhairle

I thank the Deputy. He has made his point.

Deputy John Browne

Disgraceful.

An Ceann Comhairle

I call Deputy Joan Collins.

The Taoiseach

No, I will have to advise Deputy Healy-Rae on the second one there, a Cheann Comhairle: the tenant purchase scheme. I will let the Deputy know.

Deputy Michael Healy-Rae

I thank the Taoiseach.

Deputy Joan Collins

The sneering on the opposite side of the House about the one-year bankruptcy Bill is really low. It is an important issue. The Taoiseach stated that it had gone to the Minister for Justice and Equality-----

An Ceann Comhairle

Thank you, but-----

Deputy Joan Collins

-----but is there the urgency to introduce this legislation before Christmas to address the issues that people are facing? It is important that we get a commitment from the Taoiseach today.

I raised the matter of the public health (alcohol) Bill a couple of weeks ago. The national drugs and alcohol task force is keen to see it pass. Will the Government introduce it before the general election?

The Taoiseach

The public health (alcohol) Bill dealing with minimum pricing and labelling is this session. It is coincidental that the Deputy should raise the bankruptcy Bill. The Minister for Justice and Equality will come before Cabinet in the next couple of weeks with a response to the Oireachtas committee on its view on the legislation.

Deputy Joan Collins

Will the Government commit to introducing it before Christmas?

The Taoiseach

Yes, hopefully we will have it published.

Deputy Peter Fitzpatrick

Noise nuisance caused by neighbours makes up the majority of noise complaints, be they private or local authority tenants or home owners. We need to extend and improve the powers available-----

An Ceann Comhairle

Deputy, please get to the legislation.

Deputy Peter Fitzpatrick

-----to enforcement authorities to prevent, reduce or abate noise nuisance by allowing fixed payments and providing mediation between neighbours.

An Ceann Comhairle

Will the Deputy listen to me? What legislation is he talking about?

Deputy Peter Fitzpatrick

The noise nuisance Bill.

Deputy Tom Hayes

It is badly needed in this House.

An Ceann Comhairle

We eventually got there.

(Interruptions).

The Taoiseach

That will be towards the end of the next session.

Deputy Billy Kelleher

I wish to raise two issues. I support the call for a debate on Deputy Penrose's Bill.

Deputy Peter Mathews

Hear, hear.

Deputy Billy Kelleher

It is important that it be debated on the floor of the Dáil in view of the fact that it was accepted-----

An Ceann Comhairle

We have been through all of this.

Deputy Billy Kelleher

-----by the House. It is up to the Government to move this issue forward. We are not talking about the Minister for Justice and Equality's Bill, but-----

An Ceann Comhairle

Deputy, please.

Deputy Billy Kelleher

-----about a Bill that has already been agreed on Second Stage.

Deputy Micheál Martin

The Deputy is asking a question.

An Ceann Comhairle

Correct.

Deputy Billy Kelleher

Could we have that debate in the near future? It is a matter of urgency.

An Ceann Comhairle

What Bill is the Deputy on about?

Deputy Billy Kelleher

Universal health insurance is a commitment in the programme for Government. When will we see the finer detail of that commitment? When will a Bill be published? Can we have that debate well in advance of the election, given the fact that there seems to have been a great deal of undermining of the proposal by some Ministers? Could we have that Bill or the details of what the Government is proposing in advance of the election? The Irish people would like to know that the Government is proposing to hike up private health insurance costs by dramatic sums.

The Taoiseach

No, the House will not have the Bill before the next election.

Deputy Billy Kelleher

For God's sake.

The Taoiseach

I can advise the Deputy of the progress made towards universal health insurance-----

Deputy John Browne

Tell people after the election.

The Taoiseach

-----as I have referred to it on many occasions previously. Regarding the bankruptcy Bill arising from a text the Deputy might have received, the Minister for Justice and Equality will come before the-----

Deputy Barry Cowen

No. It is Deputy Penrose's Bill.

Deputy Peter Mathews

The Taoiseach has got it wrong.

Deputy Finian McGrath

How does the Taoiseach know about the texts?

Deputy Barry Cowen

We are discussing Deputy Penrose's Bill, not a text.

The Taoiseach

-----Cabinet in the next couple of weeks, a Cheann Comhairle.

Deputy Tom Hayes

We will give the Deputies a copy of the text if they would like.

An Ceann Comhairle

I call Deputy Finian McGrath.

Deputy Peter Mathews

Go for it, Deputy.

Deputy Paul Kehoe

Fair play to Deputy Kelleher. He has-----

An Ceann Comhairle

Is your name "McGrath"?

Deputy Billy Kelleher

It is a modern form of communication.

Deputy Peter Mathews

This is great. We have got minds engaged.

Deputy Barry Cowen

We are referring to Deputy Penrose's legislation.

Deputy Paul Kehoe

Deputy Mathews has influence over the Deputies opposite.

Deputy Billy Kelleher

The Taoiseach texted Deputy Mathews a few times himself.

An Ceann Comhairle

I am sorry, but will the Deputies allow Deputy Finian McGrath-----

(Interruptions).

Deputy Finian McGrath

I would like to support my colleague, Deputy Mathews, on the important bankruptcy legislation.

An Ceann Comhairle

The Deputy is not on about that as well, is he?

Deputy Paul Kehoe

He should draw his breath.

Deputy Finian McGrath

It is an important issue. When will the Taoiseach roll the Bill out and is it shovel ready?

(Interruptions).

An Ceann Comhairle

That has already been addressed.

Deputy Jerry Buttimer

I am sure that the Ceann Comhairle will indulge me for one second.

An Ceann Comhairle

No, I will not. This is purely on legislation.

Deputy Finian McGrath

Put him out.

Deputy Bernard J. Durkan

Do not turn him down.

Deputy Jerry Buttimer

On an historic day, I just want to say-----

An Ceann Comhairle

I know that it is historic, but this is the Order of Business. Will the Deputy stick to it?

Deputy Jerry Buttimer

Yes, I am on the Order of Business. I am sure that even the Ceann Comhairle, as the Chair of the Dáil, will join me in commending the signing of the commencement order of the marriage equality Act at Dublin Castle today.

Deputies

Hear, hear.

Deputy Jerry Buttimer

It is an historic day and I know that the Ceann Comhairle will indulge me in thanking every Deputy who made that signing possible.

An Ceann Comhairle

Okay.

Deputy Jerry Buttimer

Like Deputy Fitzpatrick, I wish to refer to the noise nuisance Bill. We have-----

An Ceann Comhairle

Hold on one second. Resume your seat. It has been addressed.

Deputy Micheál Martin

There is no need to do that now. Deputy Buttimer should not be so self-deprecating.

(Interruptions).

An Ceann Comhairle

We are way behind time.

Deputy Jerry Buttimer

If I may-----

An Ceann Comhairle

No, you may not. I call Deputy Martin Ferris.

A Deputy

This is outrageous.

Deputy Micheál Martin

Deputy Buttimer is the personification.

An Ceann Comhairle

It is not outrageous. We have dealt with that matter.

Deputy John Browne

When Deputy Buttimer was on this side of the House, he was not so quick to sit down.

Deputy Jerry Buttimer

Was the Deputy about last night?

An Ceann Comhairle

Where is Deputy Martin Ferris?

Deputy Martin Ferris

I am here.

An Ceann Comhairle

There you are. Come on. Let us have you.

Deputy Martin Ferris

I thank the Ceann Comhairle. The Taoiseach is aware of this morning's Health Information and Quality Authority, HIQA, report regarding Kerry General Hospital, the terrible state of its operating theatre and health and safety concerns for those undergoing operations-----

An Ceann Comhairle

What legislation is this?

Deputy Martin Ferris

-----as well as other patients and visitors. Will the Taoiseach call in the Minister for Health and make funding available so that-----

An Ceann Comhairle

No. Hold on one second.

Deputy Martin Ferris

-----an adequate health service can be available in Kerry General Hospital?

An Ceann Comhairle

The Deputy is abusing the Order of Business. I call Deputy McLoughlin.

The Taoiseach

Private Members' business this evening will debate emergency departments in hospitals.

Deputy Martin Ferris

Okay.

Deputy Tony McLoughlin

When can we expect the higher education reform Bill to be before the House?

The Taoiseach

I think that is going to be next year at this stage, Deputy McLoughlin.

Deputy Eamonn Maloney

I wish to refer to two Bills. First, my understanding is that the Legal Services Regulation Bill 2011 will not be taken in the House prior to Christmas. Will the Taoiseach assure me that, post Christmas, we will debate it? Second, I lend my support to Deputy Penrose's one-year bankruptcy Bill, which was referred to the Taoiseach.

The Taoiseach

Yes, we have had discussions on the legal services Bill. This is probably the most radical shift in the legal service in 200 years. I hope they can get it through before Christmas. Now, it is going to be very challenging, believe me Deputy Maloney. I cannot confirm one way or the other because it seems to me as if, repeatedly, there are new obstacles that arise each time one takes a step here. It is quite complicated.

I have referred to the bankruptcy Bill already.