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Dáil Éireann debate -
Thursday, 3 Nov 2016

Vol. 927 No. 2

Questions on Promised Legislation

I ask Members to comply with the principle of just putting a question to give everybody an opportunity to put their question. I will try to give as many Members as possible an opportunity to ask their question.

There is a commitment in the programme for Government to propose legislation to reduce excessive delays in trials and court proceedings. The most obvious way to do that is to appoint more judges. There are at least five vacancies at present. Can the Tánaiste confirm that those vacancies will be filled before new legislation is in place? If not, can she say when the legislation will be brought before the House?

I expect to publish the heads of the Bill to provide for establishing a new judicial appointments commission this term. Then it will have to proceed to pre-legislative scrutiny and be passed by the House, so it will depend on the arrangements that are made in that regard. Our preference is to make any further judicial appointments when that legislation is in place, but clearly the Government will continue to consider the needs of the courts as they arise over the forthcoming period.

On the same subject, the Court of Appeal has done a huge amount of work since its establishment in clearing a backlog of cases. People involved in such cases often suffer greatly when it takes years for the case to come to appeal. With regard to the Court of Appeal, is the Tánaiste telling the Dáil that she is delaying further appointments to that court until such time as the legislation promised in the programme for Government is implemented? The Tánaiste has just said that the heads of the legislation relating to a judicial appointments structure will be published some time in the near future. That will be followed by the drafting of legislation and bringing the legislation through the legislative process. Can the Tánaiste say when she expects this legislation to be in place? Does she have a game plan or is this more drift on matters relating to justice and the Garda? It is causing incredible damage to people's morale and confidence in the institutions of the State.

When does the Tánaiste realistically expect Uachtarán na hÉireann to sign the legislation in order that it can begin to operate?

There is no vacancy in the Court of Appeal. The previous Government established the court and it is doing an outstanding job under its President, Mr. Justice Sean Ryan. It is getting on with its work, as is the Supreme Court. I have made it clear that it is priority legislation which the Attorney General and my Department are working on. We expect to have the heads of Bill in the near future. Then we will see the timeframe from the Committee on Justice and Equality regarding pre-legislative scrutiny and I will be in a position to answer the question.

Last Sunday, the Comprehensive Economic and Trade Agreement, CETA, deal was approved in Europe. It will have legislative implications for the House. When will it be debated and a vote taken on it? Our agriculture sector is already in serious difficulties regarding Brexit. The possibility that international companies and corporations can sue the country if they do not get their way is one of the very serious matters about which people have major concerns. We want to ensure the House has the opportunity, I hope, to block the deal given that it has very serious negative implications for all in Ireland, particularly for all our businesses.

The matter will have to be debated in the House and there will be a vote. It is for the Business Committee to decide when the debate will be taken.

The bail Bill is promised legislation and it is topical regarding enforcing the law and ensuring people who reoffend are not allowed out into the community and are not granted facilities to undermine public confidence in the system. When is it expected that Second Stage of the Bill will be taken?

It is priority legislation and will be published this term.

It is a pity the Minister of State, Deputy Finian McGrath, is imithe. I want to ask about the motorised transport scheme. It is a wonderful scheme. I have a child in Tipperary, Alex, whose mother badly needs to replace her car, given that there is up to 400,000 km on it. She needs the car to bring him places. He cannot go on the school bus. He needs a specialist nurse. He is severely disabled. When will the scheme, which is so beneficial to families, be reintroduced? It is a commitment in the programme for Government and should be done sooner rather than later.

I will ask the Minister to speak to the Deputy directly about it.

In the programme for Government, there is good news on Garda recruitment. I acknowledge the Tánaiste's role in it and we all welcome it. It is very important. However, as reported in the motoring section of yesterday's Irish Independent, there is no longer a Garda traffic corps. In the past, 1,200 members of the Garda Síochána carried out the role. While those gardaí are still in the system and road safety is part of the programme, when will we reintroduce the Garda traffic corps? We have more vehicles on our roads and more accidents, and, unfortunately, road deaths are increasing. The fact the traffic corps has been taken away is a major problem. We need to reintroduce it. Can the Tánaiste see it happening in the near future?

It is an operational matter for the Garda Commissioner to decide precisely how she uses the resources available to her. Road safety is a very high priority for the Garda Commissioner and members of the Garda Síochána and everything is being done. I note what the Deputy said about the recent increase in deaths, particularly in deaths of pedestrians and motorcyclists. We must do everything possible to try to reduce the number of deaths and try to maintain the good road safety record and pathway we had been on. Greater numbers are using our roads and the risks are greater. It is a priority and I have no doubt that with increased Garda recruitment, the Commissioner will ensure it receives as many recruits as possible.

The Government promised mental health reform would be a priority.

The programme for Government and agreement with Fianna Fáil promised that funding would be increased annually. Although €15 million represents a small increase of just under 2%, it is seriously a slap in the face for those who depend on the service, their families and campaigners. It is utterly disingenuous to promise so much and then only provide crumbs on the table. Yesterday, I handed a petition to the Minister of State, Deputy McEntee, containing more than 1,300 signatures.

Is there a question?

Will we take funding for mental health services seriously, have a serious debate on it and know where we are spending the money?

I am not sure what promised legislation the Deputy is speaking to. He spoke on the budget. The mental health budget has increased this year and as the Deputy knows, there is additional funding. That is clear from those who examined the overall funding. It is focused both on providing improved community care and mental health teams with increasing numbers. There are recruitment difficulties but it is a priority for the Department of Health and the Government. There will be extra funding and recruitment but there are recruitment difficulties in the area, as the Deputy knows.

I see the clocks on the wall have stopped working.

I will control that.

Is it part of the strike wave that is taking place on the Government's watch?

It is the Transatlantic Trade and Investment Partnership.

The programme for Government provided for the establishment of a public service pay commission to deal with, among other elements, entry level pay in the public sector, which was a key driver behind the justifiable action by the Association of Secondary Teachers Ireland, ASTI, the impending action by the Garda Representative Association and the potential action on the part of the Irish Nurses and Midwives Organisation. The Minister for Public Expenditure and Reform indicated that this public service pay commission would report between April and June next year. Could we instead seek an interim report before the year's end, specifically including the issue of entry pay? It is another way of saying equal pay for equal work. We could have the issue debated and resolved rather than waiting until next summer.

The public service pay commission was set up after a required period of consultation with all the signatories to the Lansdowne Road agreement. The full panel has now been appointed and it is chaired by the former chairman of the Labour Court, Mr. Kevin Duffy. The timing of the report and the material to be included is a matter for the commission now, as it is independent. We have set in place terms of reference and, as part of those, there is mention of the issue raised by Deputy Barry. I expect it will take the commission into early next year to do that work.

In the context of the patient safety (licensing of health care facilities) Bill, is the Tánaiste aware there is a proposal to reduce the number of non-consultant hospital doctors in Our Lady's Hospital in Navan by 50% and there is a suspicion that arguments relating to patient safety will be used effectively to close the accident and emergency department? Is she also aware of a discovery by my colleague, Deputy Cassells, that a manager is to be appointed with a specific remit to engage in the closure of Navan hospital? I would like a response from the Government on that.

The heads of that Bill will be published this term.

The programme for Government commits to targeted improvements in welfare payments for the elderly, people with disabilities, the sick and carers, among others. Information recently received by Sinn Féin indicates that at the end of September, waiting lists for people in receipt of social welfare have increased across the board. For example, the wait for carer's allowance has increased from 19 weeks at the end of June to 40 weeks at the end of September. The wait for the non-contributory State pension has gone to 19 weeks and the wait for disability allowance has gone to 21 weeks. What measures are being taken by the Government and the Minister, Deputy Varadkar, to tackle these escalating and grossly out of control waiting times for the most needy?

The Minister will be dealing with the social welfare Bill in this House shortly. More than €300 million was committed in the budget to improvements in social welfare and we have seen the first increases since 2009. It is a mark of the commitment.

What about waiting times?

I will bring what the Deputy has said on waiting times to the attention of the relevant Minister.

There is a strong commitment in the programme for Government, delivered on in the budget, to improve the financial situation of those receiving social welfare payments.

Waiting times are escalating, however.

I understand the Heritage Bill 2016 is due before the Oireachtas imminently. The Bill, as currently constituted, includes a section on canals and waterways. All Members will agree canals are fantastic assets, as well as cultural, tourism and recreational facilities, but they require significant support and attention. Greenways have been rightly lauded all around the country for good reasons. However, the canals themselves, which run down the middle of the country, do not get the same support.

Last weekend, I met 23 canal boat owners on Naas canal harbour, all members of the Inland Waterways Association of Ireland. It is their strong view that a dedicated canals Bill should be tabled rather than a section as currently constituted in the Heritage Bill. There is a draft canals Bill doing the rounds which runs to 21 sections. Could this be taken separately, broken away from the Heritage Bill?

The Heritage Bill is due for Second Stage in the Dáil soon. I am sure the Deputy will have a chance to raise those concerns with the relevant Minister during that debate.

When I asked the Tánaiste about the progression of the gambling control Bill in June, she said there were complexities but it was still her intention to progress it. The Committee on Justice and Equality has written to her directly to get a specific timeline for the Bill. I know it is her intention to progress it. However, will she give us a specific timeline for it? If she cannot provide that, will she explain the complexities involved?

The Minister of State, Deputy David Stanton, has taken responsibility for this Bill. He has been meeting stakeholders and is keen to progress it. He is considering the best way to do that, as well as whether some sections should be taken out as they may require more immediate action rather than being included in the complete Bill. I will ask the Minister of State to communicate with Deputy Chambers in more detail about his approach to the Bill.

I am sure the Tánaiste is aware of the serious problem with regard to the use of rickshaws on our streets. Many operate with no rules, regulations, training or insurance. Some even receive revenue from clients. In reply to a recent parliamentary question, the Minister for Transport, Tourism and Sport acknowledged some form of legislation is required and will be forthcoming. Will the Tánaiste outline when this is possible? Has it been discussed at Cabinet? There are serious problems on our streets and something serious could happen because this area has not been regulated properly.

There is a role for local authorities in this and some have already made a decision on the issue, such as Galway. If the Minister indicated there will be legislation, then national statutory legislation would appear to be necessary. I do not know the timeframe for this, however. We can check it out for the Deputy.

I would have called Deputy Mary Lou McDonald earlier had she indicated. I will allow her in with a short question now.

I want to ask about the terms of reference for the commission of investigation into the case of Grace, the young woman with intellectual disabilities at the centre of foster home abuse allegations. The report by senior counsel, Conor Dignam, was published on Tuesday. It makes for disturbing reading. When will the terms of reference for the commission be brought to the Dáil? When does the Government intend to appoint the chair of the commission?

A Leas-Cheann Comhairle, the reason I did not indicate was because I understood it was the custom to go to whoever was in the party leaders' slot. That is how your colleague conducts business.

Just so there is clarity, it is only if a leader or any Deputy indicates.

I shall know that in future.

I do not have to teach you.

That has been the custom and practice in the past.

I facilitated many of your colleagues.

I am not disputing that. I am just saying that has been the custom.

Let us agree to disagree.

I answered this question earlier. I said the Minister had informed me that the terms of reference would be brought to Cabinet over the next couple of weeks in order that a commission of inquiry can be established. I am sure the Business Committee will discuss whether that issue will be debated in the Dáil.

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