Dáil Éireann debate -
Thursday, 9 Jun 2016

Vol. 912 No. 2

Order of Business

Minister for Education and Skills (Deputy Richard Bruton)

It is proposed to take No. b11, motion re proposed approval by Dáil Éireann of Ireland’s accession to the memorandum of understanding concerning the principles for the establishment and operation of a battle group; No. c11, motion re report of the Sub-committee on Dáil Reform regarding changes to Standing Orders; No. 5, Single Resolution Board (Loan Facility Agreement) Bill 2016 - Second Stage (resumed); and No. 11, Energy Bill 2016 [Seanad] - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. b11 shall, if not previously concluded, be brought to a conclusion after 40 minutes and the following arrangements shall apply: the speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin, the Labour Party, AAA-PBP, Independents4Change, Rural Alliance and the Social Democrats-Green Party, or a Member nominated in their stead, shall not exceed five minutes in each case, and such Members may share their time. The proceedings on No. c11 shall, if not previously concluded, be brought to a conclusion after 40 minutes and the following arrangements shall apply: the speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin, the Labour Party, AAA-PBP, Independents4Change, Rural Alliance, the Social Democrats-Green Party, or a Member nominated in their stead, shall not exceed five minutes in each case, and such Members may share their time.

Private Members’ business, which shall be No. 71 – motion re motor insurance (resumed), to be taken on the conclusion of the Order of Business, shall, if not previously concluded, be brought to a conclusion after 90 minutes.

An Ceann Comhairle

There are two proposals to put to the House. Is the proposal for dealing with No. b11, motion re proposed approval by Dáil Éireann of Ireland's accession to the memorandum of understanding concerning the principles for the establishment and operation of a battle group, agreed to? Agreed.

Is the proposal for dealing with No. c11, motion re report of the Sub-Committee on Dáil Reform regarding changes to Standing Orders, agreed to? Agreed.

Before we come to the Order of Business, I point out that there are just over 17 minutes remaining. There are 16 Deputies offering so I ask Members to be very brief to give everyone a chance.

Deputy Michael Moynihan

I will raise two items. Will the Minister confirm when the equality or disability (miscellaneous provisions) Bill, the heads of which were approved in February of last year, will be before the House in light of other discussions we have had this morning? When is it expected the electoral commission Bill will be before the House?

Deputy Richard Bruton

The disability Bill will be the subject of pre-legislative scrutiny as soon as committees are established. That is fairly advanced.

On the electoral commission Bill, a consultation paper has come from the committee and that is being discussed in the Department. Obviously, that will have to reflect on the pre-legislative scrutiny before it comes back to the House.

Deputy Mary Lou McDonald

There was some discussion earlier about the north inner city. In that regard and, more broadly, in respect of the Misuse of Drugs (Amendment) Bill and prescription medicines, will the Minister confirm to the Dáil that this legislation will be taken and will proceed through the Dáil before it rises for the summer recess? That certainly would give heart to the people in the north inner city and beyond.

The Government commitments to mental health services in the programme for Government seem opaque and non-specific. I note that A Vision for Change is up for review. I note also that the Psychiatric Nurses Association of Ireland meets today to consider what industrial action it might take. Will the Minister tell us when we will see an implementation plan for investment and development in our very overstretched mental health services?

Deputy Richard Bruton

The misuse of drugs legislation is being treated as a priority and will be dealt with in this session.

On the issue of mental health services, I assure the Deputy that a great deal of care was put into the preparation of the programme for Government in respect of mental health. It is a shared priority of those who were involved in the negotiations, as it is within the Oireachtas as a whole. The Minister of State, Deputy McEntee, who has responsibility in this area, has convened a task force and is working to develop the sort of plan the Deputy is keen to see evolve. A parliamentary question to the Minister of State would get an answer for the Deputy.

Deputy Brendan Howlin

As part of this year's budget it was agreed that two weeks of paid paternity leave would be introduced from September of this year. To give effect to this, the paternity leave Bill would have to be passed by both Houses in the next few weeks. As it is on the list of priority Bills, when will we see the paternity leave Bill, will it be subject to legislative scrutiny and will it be enacted in time to fulfil the commitment that paternity leave will be available from September next?

Deputy Richard Bruton

That is the intention. It will be an issue for the committee to decide whether it requires legislative scrutiny, but the Government is treating it as a priority.

Deputy Brendan Howlin

And published when?

Deputy Richard Bruton

Shortly. There is work being done on it.

Deputy Brendan Howlin

Is it expected it will be in place-----

Deputy Richard Bruton

That is my understanding, yes.

Deputy Róisín Shortall

On secondary legislation, the decision to row back on the introduction of charges for green bins is a very welcome one but other problems have been caused because a number of waste companies have hiked their service charge from approximately €70 to €170 a year. That happened at the stroke of a pen, and it is having a major impact on low-income families. In the context of changing the regulations on the green bin, will the Minister also restrict the right of waste companies to hike their prices in this way, which impacts most on people on low incomes but also on older people who produce the least amount of waste but who will have to pay an extra €100 before they put a bin out? Will the Minister address that issue?

Deputy Richard Bruton

I cannot answer on the Minister's approach to the elements of the service charge and therefore I will ask him to respond to the Deputy.

Deputy Clare Daly

How does the Government propose to deal with this morning's groundbreaking international decision issued against Ireland by the UN Human Rights Committee where Ireland, as a state party to the International Covenant on Civil and Political Rights, was found guilty of violating the human rights of a woman who was denied a termination in the case of a fatal foetal abnormality? Not only is the Government, in the statement, obliged to provide her with an effective remedy, including compensation, but it is obliged to prevent similar violations in the future. Will the Minister confirm that the Government will be awarding compensation to the woman in question, and what steps will it take immediately to ensure human rights are not being violated by addressing the legislative shortcomings including, as suggested by the UNHRC, the amendment of our Constitution in regard to the eighth amendment?

Deputy Louise O'Reilly

On the same issue, when will we see the citizens' assembly? When will the membership be known, and will it be mandated to recommend a referendum on repealing the eighth amendment?

An Ceann Comhairle

Does anyone else wish to speak on the same issue?

Deputy Catherine Connolly

On the same issue, as a new Deputy and having heard the report of the UN committee today, will the Minister answer the question posed by Deputy Daly? I will not repeat the question but I will repeat what the UN's latest report has found, which is that Ireland's abortion ban subjects women to discriminatory, cruel and degrading treatment and it has called on Ireland to legalise the practices for pregnancies involving fatal foetal abnormalities. I listened to the Taoiseach last week misquote what has happened regarding various amendments to the Constitution.

An Ceann Comhairle

We cannot get into that at this point.

Deputy Catherine Connolly

In that context, it is important that the voices of women are heard in this Chamber in regard to-----

An Ceann Comhairle

It is absolutely important but not in this way at this time.

Deputy Catherine Connolly

I respect that but it is in regard to correcting the record and getting an answer from the Minister on the damning indictment of Irish law in this area.

An Ceann Comhairle

Does Deputy Collins wish to raise the same matter?

Deputy Joan Collins

Yes. Following on from that question, and I would like the Minister to reply succinctly to Deputy Daly's question, I do not believe we should go to a citizens' convention on this issue. We discussed the issue in great detail in the previous Dáil and we should move quickly now to repeal the eighth amendment.

An Ceann Comhairle

Members should ask questions, not make statements.

Deputy Joan Collins

Will the Minister indicate if the Government is prepared to do that?

Deputy Jan O'Sullivan

On the issue raised by Deputy Daly and in view of the new politics in the Dáil, will the Minister indicate if the views of other parties will be taken on board? I reiterate what was said by Deputy O'Reilly about the need to have that discussion in the convention as soon as possible in order that we can address the issue in regard to the eighth amendment.

Deputy Richard Bruton

I have not had the opportunity to see the report from the committee on human rights but I absolutely sympathise with and understand the concern of Deputies for any woman with a fatal foetal abnormality. I obviously cannot answer for what action the Government will take on foot of this finding. As the Deputy knows, change in the area requires an amendment of our Constitution, as Deputies have indicated. In the programme for Government, we have set out an approach where there will be within six months the establishment of a citizens' assembly. It will not have a specific mandate to reach any particular conclusion and it will obviously be open to the citizens' assembly to examine all the issues and come back to the Oireachtas.

Deputy Louise O'Reilly

That is not acceptable.

Deputy Richard Bruton

The Oireachtas will of course have the final decision in this regard.

Deputy Louise O'Reilly

In the meantime, women wait.

Deputy Richard Bruton

One of the experiences-----

Deputy Louise O'Reilly

We wait.

Deputy Sean Sherlock

This is a citizens' assembly.

Deputy Richard Bruton

I am allowed to respond to the questions.

An Ceann Comhairle

Yes, please do.

Deputy Richard Bruton

In the last Dáil there were hearings with expert advice. That allowed Deputies to see in a dispassionate way how difficult issues can be handled and it was of benefit to the Oireachtas. It had an impact and we know some Deputies could not accept it but that process allowed the Dáil to reach conclusions on an issue of the recognition of constitutional rights being converted into law that no Government had broached in previous years. The approach outlined is right-----

Deputy Clare Daly

On a point of order-----

An Ceann Comhairle

No.

Deputy Clare Daly

It is not acceptable for the Minister to say he cannot answer for the Government.

An Ceann Comhairle

Excuse me, Deputy Daly.

Deputy Clare Daly

It is not acceptable when speaking about an issue of international human rights legislation.

Deputy Willie O'Dea

Is the Minister aware of the position in the Central Remedial Clinic, CRC - a body with which he is familiar - where a large cohort of workers are effectively being deprived of their pensions? Will the Minister tell me what, if any, action is being taken by the Government on foot of the issue? Will he arrange for either the Minister for Health, Deputy Harris, or the Minister for Social Protection, Deputy Varadkar, to meet representatives of the staff? People are working side by side in exactly the same circumstances, with the same qualifications and doing the same job, but are in radically different positions. Some of them have protected State pensions but the rest will have practically no pension at all. Does the Government find that acceptable and what action is it taking?

Deputy Richard Bruton

I understand, as the Deputy noted, that some workers in the Central Remedial Clinic are members of a pension fund that has got into funding difficulties. The board has decided to close the fund and that has major implications for those involved. I understand from the Minister for Health, Deputy Harris, that representatives of the Health Service Executive, HSE, met representatives from the CRC about this issue. I do not have an outcome to report on progress but efforts are being made to try to find a solution. I will ask the Minister, Deputy Harris, to respond to the Deputy about the work done.

Deputy David Cullinane

Is it the intention of the Government to provide an update to the Oireachtas on the status of the regional jobs action strategies that were published to much fanfare? The most recent quarterly household survey indicates unemployment in the south east is still at 12.5%, compared with less than 7% in Dublin, less than 6% in the south west and 5.5% in the east.

Deputy Tom Neville

That is not true.

Deputy David Cullinane

Unemployment in the south east is still almost twice the national average, which is not good enough. When is it expected to see an update on these regional strategies? They are meant to deal with these issues but, unfortunately, in the south east they have not been dealt with to the satisfaction of people living in the area.

Deputy Richard Bruton

I welcome the Deputy's interest in this plan as I know it is an area in which we have worked together. I am grateful that the south east has one of the fastest growing employment rates in any region, although I fully realise it is coming from a position where it had many structural problems. There has been real success in the south east and the approach we have taken of creating a regional action plan, with much involvement from local people, including agencies, businesses and communities, is the right one. There are regional competitive funds and I am sure the south east is very competitive in seeking them. I am sure it would be open to the Whips to provide an opportunity to discuss the progress being made. It is an important issue and I know it will be built on in this Oireachtas. There is a renewed focus within the programme for Government on regional development. I thank the Deputy for his interest, as he has shown much interest in the past.

Deputy Robert Troy

I welcome that the Government has changed the €12 million cut to mental health services. When the cut was announced, it was indicated that this was not a cut but rather a "time-sensitive saving" as relevant personnel could not be recruited. If the relevant personnel could not be recruited four weeks ago, what has happened since meaning that relevant personnel can now be recruited? Will the money be spent on a different element under mental health? If that happens, it would also be very welcome. Will the Minister confirm where the additional €12 million will be spent?

Over three and a half years ago, the Minister's previous Government cut the mobility allowance for people with a disability. At the time, a review was promised for completion within a number of months. We are three and a half years on but we are still awaiting the publication of the health (transport support) Bill. It is included in the programme published a number of days ago but will the Minister indicate what priority this will be given and when it will come before the House?

Deputy Richard Bruton

I thank the Deputy for raising the matter. There is no doubt the restoration of the mental health budget is universally welcomed, if one listens to the debate here. It puts the Minister of State, Deputy McEntee, in a position to develop a programme and it will obviously include recruitment of staff. As the Deputy notes, it can also consider other areas. I know the Minister of State, Deputy McEntee, will develop her plan to respond with this additional resource where I know the need is huge. There is no doubt about that. It is hoped the heads of the health transport Bill referred to by the Deputy will be available in July.

Deputy Sean Sherlock

My first question relates to procedural matters. I put down a parliamentary question to the Department of Health last week and I have been told I will receive a response from the HSE within 15 days. I was always given to understand that the timeframe was ten days so has there been a change in procedure in that regard?

An Ceann Comhairle

I suggest you take that up with the Minister for Health.

Deputy Sean Sherlock

I will do so but I am putting it on the record of the House today. When will we see the consolidated Book of Estimates? Has the revised expenditure benchmark been agreed with the European Commission?

Deputy Richard Bruton

My understanding is the consolidated Book of Estimates will be in for debate next week. I am sure it will be published ahead of that. I am not aware of the discussions at European-----

Deputy Brendan Howlin

It would be useful for it to be published ahead of the debate.

Deputy Richard Bruton

It would indeed. I do not have a publication date.

Deputy Brendan Howlin

What about the Commission?

Deputy Sean Sherlock

There is an issue regarding the workings of the House.

An Ceann Comhairle

We understand that. Of course there is an issue and the Minister has indicated that the Estimates will be debated next week.

Deputy Sean Sherlock

I will take that on board.

An Ceann Comhairle

There will be some on the floor of the House and others in committee.

Deputy Eamon Ryan

Will the Minister inform me now or later through my office as to when the Government intends to pick up again the employment equality (abolition of mandatory retirement age) Bill introduced in the Dáil last autumn? It fell at the end of the last Dáil. Does the Government intend to introduce it again?

Deputy Richard Bruton

I will have to come back to the Deputy about that. We need to consider it.

An Ceann Comhairle

You may correspond with the Deputy.