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Dáil Éireann debate -
Wednesday, 22 Jun 2016

Vol. 914 No. 2

Questions on Proposed Legislation

We will now proceed to a new element of our work, agreed as part of the Dáil reform process, and deal with questions on proposed legislation. We have 15 minutes for this element. Before I call on the Leaders to put their questions, I note that five other Members have already indicated they wish to speak.

In terms of the programme for Government, the Tánaiste will be aware that gardaí start on a salary of approximately €23,400. Last week, a number of Deputies across the House as well as Senators attended a presentation by the INTO on the starting salaries of young teachers and all of the difficulties the situation creates. In the programme for Government, there is a commitment to set up a public sector pay commission to examine public sector pay. Will the Tánaiste confirm when this commission will be established and when these issues relating to the pay of young public servants, in particular, will be considered and reviewed?

The programme for Government commits to the transfer of responsibility for criminal legal aid to the Legal Aid Board, which will have new powers to compel criminals to pay a contribution. When will that come before the House? When can we expect it?

On the health (transport support) Bill, the relevant support scheme was cut by the last Government in 2013. At the time, the Government said it would introduce a Bill to place the scheme on a statutory basis. Will the Tánaiste confirm that this Bill will be before the House before the recess?

Finally, will the Tánaiste confirm when the new children's hospital establishment Bill, which is to establish a statutory body to provide paediatric acute services, will be before the House?

The Minister for Public Expenditure and Reform has already confirmed that he is dealing with the Low Pay Commission at present and intends to come before the House in the near future in respect of the matter. On the criminal legal aid board matter, that will be dealt with later in the year. Work has begun on the policy issues.

It is a commitment in the programme for Government but work has just begun on the policy issues. With regard to the other two pieces of legislation, the heads of both Bills are expected for July.

Tá dhá cheist agam, a Cheann Comhairle. Beidh mé gasta agus gairid. Yesterday the Taoiseach brought a memo to Cabinet on the proposed citizens' assembly. This is despite the fact that the Government has failed to implement many of the recommendations of the Constitutional Convention, including those pertaining to the rights of citizens living outside the State to vote in presidential elections. The Government also intends to exclude politicians - including those from the Northern Ireland Assembly - from the citizens' assembly. The last Constitutional Convention worked well, so why change it? In view of the concerns of Sinn Féin and others, can the Tánaiste indicate when a discussion will be held on the citizens' assembly, its make-up, its structure and its proposed programme of work?

The programme for Government contains a commitment to deliver on the principles of social inclusion for the Traveller community. This was also promised in the last programme for Government and was not delivered. The Government also promised to publish a national Traveller and Roma inclusion strategy this year. Will the Tánaiste confirm whether this will be in place before the end of the year?

The former Minister of State, former Deputy Aodhán Ó Ríordáin, told the Traveller community, 20 months ago, that Traveller ethnicity would be recognised within six months. It is recognised in Northern Ireland, in England, in Scotland and in Wales. It does not need legislation. The Tánaiste, in her role as Minister for Justice and Equality, could come into the Chamber now and declare it. She could do it this morning. Can the Tánaiste indicate when Traveller ethnicity will be formally recognised?

Yesterday the Cabinet discussed the citizens' assembly and the Taoiseach has made it clear that there will be an opportunity to discuss the terms of reference and the approach to be taken. There will be a debate in the Dáil on that. It is expected that the assembly will be up and running by November or, if possible, earlier than that, by which time the various initiatives required to put it in place will have been taken.

With regard to the national strategy for the Roma and Traveller communities, it is intended that it will be completed this year. The question of Traveller ethnicity will form part of the deliberations and discussion in developing that national strategy.

Will the Tánaiste clarify the situation regarding a policy that was vigorously pursued by the last Government, of which she was a senior member, on the reconfiguration of library services? It was covered under the Local Government Reform Act. I believe it is a very ill-judged policy. Consider my constituency, in which the counties of Roscommon, Leitrim and Sligo would be reconfigured. This would mean that a number of libraries would close down and staff would be redeployed-----

Will the Deputy put a question, please?

The question is whether the Minister for Arts, Heritage and the Gaeltacht, Deputy Humphreys, who I know is in the Chamber, will reconsider the policy. The library is a focal point of every town and village. It is no longer just for borrowing books. The library offers a huge service, it is a meeting place and it is very important also in regard to tourism. This policy should be revisited. The policy that is being pursued should be done away with completely.

The Minister for Environment, Community and Local Government, Deputy Coveney, will contact Deputy Murphy with details regarding the policy issues raised by the Deputy.

With regard to the Assisted Decision-Making (Capacity) Act 2015, I would like to know exactly where we stand in relation to its successful implementation. The former Lunacy Acts remain on the Statute Book until properly replaced by this very important legislation upon which so many other things hinge. Perhaps the Tánaiste could indicate when the legislation will be formally implemented.

I thank the Deputy. The Assisted Decision-Making (Capacity) Act 2015 is a very important Act and its implementation is a priority. Discussions have been held with the Department of Health, which is responsible for the body that will deal with many of the issues that arise under that legislation. The Department has agreed to implement that aspect of the legislation, which is the key part required for implementation, and that decision has now been cleared.

They are in the process of establishing that body. That will move forward very soon. I do not have an exact timetable but the main issue to be resolved concerned the development of the implementation body to deal with the cases that arise. That has been negotiated and dealt with by the Department of Health.

Regarding the Public Health (Alcohol) Bill 2015, statistics were released today by the Health Research Board. Professor Frank Murray described the situation as unsustainable. It costs €1.5 billion a year to conclude what we are seeing around alcohol abuse. The legislation refers to structural separation within retail units, minimum unit pricing, addressing issues around advertising and price based promotions. It is a very important landmark Bill published by the previous Minister for Health. Where is it and when will it progress through the House?

I agree with the Deputy that is an extremely important public health Bill, which I hope will have the full support of everybody in this House. It is on Committee Stage in the Seanad. When it completes that process, it will come to the Dáil.

In respect of the programme for Government and the charter for patient care, I was contacted overnight about a constituent's elderly mother who was admitted to Cork University Hospital on Sunday afternoon with a broken hip but has not yet had the operation. She has been fasting since then. There are numerous such examples. Whatever priorities the Government has, this should be one. This 86 year old woman has been treated appallingly. When will the Government implement that part of its programme?

I will ask the Minister for Health to communicate directly with the Deputy on that issue.

There is a reference to the Education (Admission to Schools) Bill 2015 in the programme for Government and the Minister has said there will be a new Bill on admissions. In the legislative programme, produced only a few weeks ago, the Government states that the Bill underwent pre-legislative scrutiny in March 2014. Will the new admissions Bill undergo pre-legislative scrutiny?

I understand that the new Bill will be largely modelled on the previous Bill and it is not intended that there will be further pre-legislative scrutiny. Its detail will be discussed by the committee.

In response to a question from Deputy Micheál Martin, the Tánaiste said that the heads of the health (transport support) Bill would be available in July. The mobility allowance has been suspended for more than three years. It was originally suspended because the Ombudsman took the view that the scheme was not broad enough. Three years down the road we are still talking about the heads of a Bill. Countless people have potentially qualified for the mobility allowance in the interim. Can the Tánaiste indicate when that Bill will be brought before the House for discussion? When will it become law? Constituents ask us about it every week.

If the heads of the Bill are published in July, it can go for pre-legislative scrutiny shortly after that. That would be the next step.

Will it be introduced in the next session? We are more than three years down the road.

If the heads are published in July and if the pre-legislative scrutiny is completed, then drafting of the Bill can commence. Depending on the progress of the pre-legislative scrutiny and the issues that arise, the drafting will be done. I do not know whether it would be possible for it to be dealt with in the next session but it is important that the work starts. The heads will be published in July, pre-legislative scrutiny can then happen and if it moves ahead it can be introduced in the new term if that is possible.

On page 47 of its programme, the Government states that there were will be no closure of small schools across the country. I am concerned about school transport and the system called the "nearest school rule".

It has a negative impact, particularly on children in rural areas who cannot attend schools in their parishes. As a result of that and many other changes that were made under the value-for-money school transport review in 2010, the nearest school rule, charging and-----

We cannot have a debate now on the matter.

I want to know if the system will be reviewed in order to open it up so there is more flexibility. This affects not only rural schools but also schools in towns which are full and where children cannot get buses to schools that are farther away.

Will there be a review?

I can inform the Deputy that the review is currently being undertaken.

The wildlife (amendment) Bill is promised legislation, but the pre-legislative scrutiny has yet to be determined. When is that likely to be scheduled? Will it happen in this session? I refer to the criminal justice (victims of crime) Bill, on which pre-legislative scrutiny has been done. When is the Bill likely to come before the House?

On the Deputy's first question, the heads of the Bill were cleared by the Cabinet on Tuesday. Very detailed work is being done on the criminal justice (victims of crime) Bill. I am hopeful it can be published before the end of this term.

When will the recommendations of the Committee on Housing and Homelessness be discussed by the Dáil? I was one of the Deputies who spent nine weeks entombed and involved in discussions. It is untenable that such an important report could be produced but not discussed by the various parties in the Dáil.

Okay, we will get an answer.

Further to that, the Minister referred to the action plan for housing. Will it take cognisance of the report and will the Minister agree that a debate in the Dáil should be scheduled for next week?

I will ask the Minister, Deputy Coveney, to reply to that under our new procedures.

It will be a matter for the new business committee and the Whips to determine when a debate is scheduled in the Dáil, but I would certainly welcome it. Regardless of when that happens, in the context of putting together an action plan for housing, which will be in place and published before the end of July, we will take on board the detail of the work done by the all-party committee. I know the Deputy had a difference of opinion with the committee on some issues, but I am sure she would strongly support many others. We will of course take on board those recommendations. I will not give a commitment on which ones we will fully, partially or not accept.

We cannot get into a debate, Minister.

The Deputy can rest assured that detailed consideration of the report will be part of the putting together of the action plan for housing.

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