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Dáil Éireann debate -
Wednesday, 8 Feb 2017

Vol. 937 No. 4

Questions on Promised Legislation

The whistleblowers legislation - the Protected Disclosures Act 2014 - lays out clear procedures for Departments to take in respect of protected disclosures. There are three whistleblowers and one in particular made protected disclosures to the Department of Defence and the then Minister, Deputy Coveney, regarding public health concerns at Baldonnel Airport and the workshops at the facility in which people were exposed to toxic chemicals. These were most serious and grave health issues and revelations. The whistleblower concerned was very anxious to ascertain whether the Minister could confirm that he had received his protected disclosure in 2015 and could not get confirmation of that. Indeed he went through the Chief Whip, Deputy Regina Doherty, to get access to the Minister to get him to confirm that he had received the protected disclosure. The texts of his messages to the Chief Whip have been revealed in the Irish Examiner. I pay tribute to Joe Leogue who has written a series of articles on this matter. This is very good investigative journalism.

I thank the Deputy.

It reveals a horror story of what has been going on and demands, at the very least, a proper transparent response from Government.

Okay. Time is up, Deputy.

Under the Act, proper procedures are meant to be in place in the Department of Defence to react to protected disclosures.

The procedures here give the Deputy one minute and he has exceeded that.

Could the Taoiseach publish the procedures of the Department of Defence or could he give me a copy of them? Will he confirm that such procedures are involved?

Can the Taoiseach provide-----

The Health and Safety Authority conducted three inspections of the Air Corps premises at-----

That is not what I asked. I want to know in terms of the procedures within the Department.

I will supply that to the Deputy. The Health and Safety Authority conducted three inspections of the Air Corps premises at Casement Aerodrome in Baldonnel. It focused in particular on the control of occupational hygiene hazards in the workplace, including health surveillance issues. The Health and Safety Authority issued its report of inspection to the Air Corps on 21 October 2016. It listed a number of matters that required attention, including risk assessment, health surveillance, the monitoring of employees' actual exposure to particular hazardous substances and the provision and use of personal protective equipment. I am advised that the military authorities responded in writing to the Health and Safety Authority report on 20 December 2016. They indicated that the Air Corps is fully committed to implementing improved safety measures that will protect workers from potential exposure to chemicals and will ensure risks are as low as reasonably practicable. The Air Corps has implemented an improvement plan that will be conducted over eight phases. The first phase commenced in September 2016 and has a completion date of December 2017. I know that a number of articles were published in the Irish Examiner on 23 and 24 January last.

That is not what I am talking about.

They referred to claims made by whistleblowers.

On a point of order, I asked a specific question about legislation under the Order of Business.

I said "Yes" already. I said I would give the Deputy the procedures.

I asked about the procedures that are meant to be put in place by any Government.

I know all of what the Taoiseach read out.

All right. Okay. Fine.

I simply asked the Taoiseach-----

I said "Yes" to that at the beginning.

-----why the Government Chief Whip and the former Minister for Defence-----

All right. Deputy, it is fine. Thank you.

-----are silent on the issue of the lack of response to a whistleblower-----

The Deputy asked me for a report.

-----to confirm to him that his protected disclosure has been received by the Minister. That is my point. That is the only question I asked.

Okay. The Taoiseach has answered it.

He has not answered it, a Cheann Comhairle, and-----

I said "Yes".

-----I think you might have the authority to ask him to answer this specific question.

Will the Taoiseach give a commitment to publish the procedures?

Deputy Martin, let us be clear. Resume your seat.

This is supposed to be about promised legislation.

First, I do not have the authority to instruct the Taoiseach to do anything.

I did not say you had the authority to instruct him.

Okay. Second, the Taoiseach answered your question. He said "Yes". "Yes" was the answer.

To your question.

No. This is a very important point.

No, no. You asked for a document and he said he would-----

Let us not get smart about it.

Deputy Martin has been put back in his box.

The Taoiseach has-----

I am being very serious. This is a serious matter.

I am being very serious as well. Please resume your seat.

I just asked a simple question, a Cheann Comhairle. Are the procedures in place and will they be published?

As I understand it, you asked the Taoiseach-----

-----for a copy of a document. He said "Yes". Is that correct?

Deputy Martin asked me for a copy of the procedures followed by the Air Corps here. I said "Yes" in response to his question.

No, I did not ask for the procedures.

Is the Deputy asking me a different question now?

We have spent 15 minutes on this. Will we have injury time?

I asked whether the Department of Defence has added procedures in respect of protected disclosures.

This is supposed to be about promised legislation.

If so, will those procedures be published and will the Taoiseach forward a copy of them to me?

Yes, I will.

It is as simple as that.

I said "Yes" to that the first time.

I call Deputy Adams.

I just want to make sure the leader of Fianna Fáil has finished. An bhfuil sé críochnaithe?

Maith an fear. The programme for Government commits the Government to creating regional jobs plans. In this context, the news that 500 jobs are to be lost at the HP Inc. facility in Leixlip is devastating for the local community and for the workers and their families. When did the Government know that this move was to be taken by the company? What action, if any, did the Government take last October when the company announced that it intended to cut between 3,000 and 4,000 jobs globally? What efforts were made to persuade the company not to close? The decision to split the company in two is a device that is used by multinationals to minimise disruption to their profit margins. It has been suggested that these jobs will be transferred overseas. Does the Government know to where these jobs are being relocated? Is the new location within the EU? If so, will the Government investigate whether the EU globalisation fund can be accessed? Can the Taoiseach spell out for the families that are reeling from this morning's news the immediate steps the Government will take to prioritise new investment in this region and to protect the workers' statutory rights?

This has nothing to do with pending legislation, a Cheann Comhairle. I answered questions on this issue during Leaders' Questions. This 30-minute period is about proposed legislation. Nothing in Deputy Adams's question refers to proposed legislation.

The Deputy is wasting time.

It is a programme for Government commitment and it would be better if the Taoiseach answered the question, even in his own quaint way.

He has already answered it.

I have already referred to this question. The company made this announcement quite some time ago. The Minister has confirmed it has been approximately five to six weeks since it became apparent there would be an impact on the company's workers in Ireland. The chief executive of IDA Ireland travelled to southern California to speak directly to principals in HP Inc. The Minister for Jobs, Enterprise and Innovation spoke with management in HP Inc. in California from here in the past number of days. Every effort is being made to ensure we find an alternative for what is a superb location and plant. In particular, the assistance of the State will be made available to workers and if the Department of Social Protection receives an invitation to visit the plant, its personnel will deal individually with all the workers rather than making them visit Intreo offices. IDA Ireland is already looking at potential options for a replacement facility in that building. I hope that answers the Deputy's questions.

There are currently three Bills before the House relating to defined benefit pension schemes as Bills have been tabled by the Labour Party Bill, Fianna Fáil and Sinn Féin. The shortest way to deal with this really important issue on which many parties in the Opposition are focused is to make it part of the social welfare and pensions Bill that will be the Government vehicle. Will the Taoiseach give us a timetable for the publication of the heads of the social welfare and pensions Bill? Will the Taoiseach confirm that the Bill will seek in its content to deal with the issues raised by the Opposition Bills I have referenced?

The heads of Bill will probably come before the Government at the end of February or early March, which is just a few weeks away. While on my feet I can tell the Deputy that the greyhound Bill will come before the Cabinet next week and the fishing Bill raised yesterday should be published in a few days.

What about the defined benefit pensions element I mentioned?

Yes, as part of the Government Bill. The heads will be published probably before the end of February or early March.

I raised this issue last week with the Taoiseach but he did not get back to me so I will raise it again. It relates to the Health Products Regulatory Authority, HPRA, policy review of medicinal cannabis. I spoke to the Minister for Health, Deputy Harris, who said he would try to make it public this week. It is of the utmost importance that this review be made public as soon as possible. The Minister said he would act immediately once he got the report. There are many families who will be affected by this.

The Minister, Deputy Harris, is a man of his word and I will have him respond to Deputy Kenny. It is a matter of considerable importance.

I refer to the health information and patient safety Bill. Three weeks ago I made representations to University Hospital Waterford on behalf of a constituent wishing to see a urologist. I was told at that time the waiting time for a consultant was 48 months. Today, less than three weeks later, I have been told the waiting time for the same consultant is now 51 months and growing. That equates to four and a quarter years. Patients are dying through neglect. When will we see some bit of reality or humanity introduced? People are waiting for 51 months for an appointment to get checked out, leading to worry, stress and trauma for families and everybody else affected by the sickness. It is just not acceptable.

That matter can be attended to without the Bill being presented. I understand the Bill will not come here until later in the year.

A number of months ago I introduced the Industrial Relations (Right to Access) (Amendment) Bill 2016, which essentially allows trade union representatives to engage with employees in the workplace, which is not a right that trade union representatives have at this point. The Taoiseach is aware of the ongoing dispute between Tesco and some of its employees. Today we heard from the leader of the Mandate trade union, Mr. John Douglas, that there is wholesale intimidation not just of the trade union but also the employees. We need robust protection for workers, not just in Tesco but in all those retail and other sectors populated by people in low-paid jobs who are being exploited and who need protection. Will the Government examine the Bill so that when Sinn Féin initiates debate on it at some stage during Private Members' time, it might be in a position to support it?

There are protections built into legislation that has been introduced and changed over the years. The Bill referred to by the Deputy will receive proper consideration in accordance with the process we have set out.

When it is taken, everyone will have an opportunity to comment on it. I am sure the Deputy means it with the best of intentions.

I refer back to the Public Health (Alcohol) Bill 2015, which I understand to be before the Seanad at present. As there seems to be some hold-up, can the Taoiseach explain it? A difficulty has arisen for supermarkets owners in how they lay out where they sell alcohol. Has the matter been sorted out?

That is a matter for the other House, Deputy.

I want to find out from the Taoiseach where the Bill stands. It seems to have been going on for years.

The Minister of State at the Department of Health, Deputy Corcoran Kennedy, is keen to get on with this Bill. The Seanad does its own business. Anyone who visits any of the major hospitals can see the consequences of drink and alcohol addiction for the families of those affected in terms of stress and health. This is serious legislation but it is a matter for the Seanad to move it forward.

A commitment was given in the programme for Government to assist the agriculture industry and farmers, especially young farmers. The aim was to lower the age profile of the farming community and revitalise the sector. Before Christmas, Teagasc made a request to the Minister for Agriculture, Food and the Marine for assistance to deal with the backlog of 3,600 young farmers who are seeking places in agricultural colleges to get green certificate qualifications. On top of this, no young farmer got an entitlement from the national reserve in 2016. What are we going to do to assist the young farming community and revitalise this sector? These young fellows are trying to get going but they are down on their knees.

I am pleased that in recent years we have seen great involvement from young men and women to attain qualifications and green certificates in the farming business. This is evidence of a realisation that Ireland is one of the leaders in the production of quality food and food of integrity, which we export. These matters are relevant to the Common Agricultural Policy. Teagasc representatives make their views known vociferously. The Department of Agriculture, Food and the Marine and the Minister are keen to see that young farmers get every assistance possible to enable them to get into the farming business. The Department also is keen to give them supports to start and to be able to compete and make a career out of it. The matter is under constant review.

The programme for Government advises that the State will provide next-generation broadband to 85% of the population within two years and 100% within five years. On this basis, can the Taoiseach or the Minister responsible advise the House on the progress to date of the national broadband plan tender? When will the contract be awarded? Can the Taoiseach explain what efforts the Government will make to ensure this vital infrastructure is delivered as quickly as possible to rural homes and villages in counties such as Sligo, Leitrim, Cavan and Donegal?

Deputy McLoughlin's question is perfectly valid. Two Ministers are involved, namely, the Minister for Communications, Climate Action and Environment and the Minister with responsibility for rural regeneration. The contract and the tender documentation to which the Deputy refers has been the subject of approximately 3,000 hours of discussion. I gather the process is more than half way through. It will probably be next year before that substantial tender is awarded. The companies involved, SIRO and Eir, as well as other network providers, are continuing to provide broadband to areas under their remit. The issue is receiving a great deal of attention, but it is exceptionally complex and it will take some time.

Everyone is aware of the situation regarding our poultry industry. An epidemic of bird flu has swept across Europe. Since December, six cases have been reported in Ireland and one particular issue really comes to mind. On 24 December an order was made to the effect that all commercial birds should be kept indoors. The purpose was to protect them from this situation.

The difficulty is that, under Irish and European legislation, the status of our poultry or commercial birds may be affected after 90 days. Much of our poultry is considered to be either organic or free range. However, if birds are kept indoors for more than 90 days, they lose that status. Many people in the poultry industry are concerned that they will lose that status.

That question is not relevant to the Order of Business.

It relates to legislation, because legislation may have to be changed to protect people in the poultry industry.

It seems to me you should table a question to the Minister for Agriculture, Food and the Marine.

He was here until 20 minutes ago. Had he stayed, I am sure he would have stood up and answered it.

Is there legislation promised?

The suggestion I am making is that the legislation in place at present is not adequate to deal with this situation. There is a crisis in the industry and something will have to be done in order to ensure that people in the poultry industry will be protected. The only way that can be done is for the legislation to be changed.

The Minister is attending a Brexit meeting in respect of the agricultural sector. I will bring Deputy Kenny's comments in respect of the existing legislation and whether it is necessary to consider amending it to the Minister's attention.

In the programme for Government there is a commitment to update, as a matter of urgency, the wind farm planning guidelines. That was to happen within three to six months of the programme being published. It did not happen after nine months, we are now much further on and the new guidelines have still not emerged. The current wind farm guidelines are inadequate and outdated. Rural communities feel under siege by the wind farms and the power lines that are supporting them. Many of these wind farms have already been built and others are being actively resisted in the courts at the moment. The Government needs to update the wind farm guidelines to ease the distress being suffered by rural communities. When will these inadequate and outdated guidelines be updated, as promised?

They are inadequate, outdated and they do need to be changed. The Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, and the Minister for Communications, Climate Action and Environment, Deputy Denis Naughten, are making good progress on devising a set of regulations that will be effective, practical and that will actually work. We are aware of the sensitivity of this issue in many locations throughout the country.

Ba mhaith liom ceist a chur ar an Taoiseach faoin reachtaíocht dar dteideal copyright and related rights (amendment) (miscellaneous provisions) Bill. I understand that heads of the Bill were approved in July 2016 and I am told the Bill will ultimately lead to the ratification of the Marrakesh Treaty, which Ireland signed in 2014. This is an important treaty that facilitates access to published works for those who are visually impaired. The ratification of the treaty will end the famine of books and printed literature experienced by that community. My hope is that it will not take as long for this treaty to be ratified as it is taking for the ratification of the UN Convention on the Rights of People with Disabilities. How is the aforementioned Bill progressing and when can we expect it to come before the Dáil?

The Deputy is right that it is intended that this will lead to the approval of the Marrakesh Treaty. As I understand it, work is proceeding on the Bill but I do not think it will be published during this Dáil session. I will check that and revert to Deputy Ó Caoláin.

A number of years ago the motorised transport scheme was discontinued and a vacuum was created. I read recently that a new scheme is ready to roll. I ask the Taoiseach to indicate the timescale involved with regard to the passing of the health (transport support) Bill and when the new scheme will be up and running.

I can confirm that I expect this to come before the Government shortly. I will confirm a more specific time for the Deputy later.

The Minister for Housing, Planning, Community and Local Government spoke this morning about amending and making good the failed voluntary mortgage-to-rent scheme that has been in place for the last number of years with very little, if any, success. He talked about opening the scheme up to private equity funds, giving them the opportunity to buy mortgages and properties in bulk from the banks in order for approved housing bodies or local authorities to rent the properties back to their occupants. It was also mentioned that credit unions would have an opportunity to take part in this scheme. It will be brought forward on a pilot basis which would suggest that there will be no legislation to give effect to it. Surely legislation will be required to give credit unions the opportunity to take part in the scheme, especially considering the amount of funds they have available. They want to invest those funds in the economy and more particularly in housing in order to help people and to give them the opportunity to remain their homes into the future.

Deputy Cowen raises an important issue. The intention is that those who had the mortgages in the first place should not be displaced and forced out of their homes. We want to find opportunities for them to be able to continue to live in their homes as tenants who would have the opportunity to lease or buy back their homes in the future. I am aware of the progress of this but to be honest, I cannot recall whether legislation is necessary. I will check that and advise the Deputy on it later. It is true that credit unions have a lot of money that they wish to invest in the housing sector.

There are prominent reports in this morning's newspapers, including The Irish Times and the Irish Independent, that Fine Gael Ministers have been advised by their party headquarters to hold functions to raise funds for the Fine Gael Party.

That is not relevant on the Order of Business.

Please let me continue. The Ceann Comhairle did not interrupt other people.

I did, actually.

I want to quote from The Irish Times: "Mr. Curran and the trustees urged senior party figures to facilitate more fundraising events included (sic) ticketed breakfast meetings or lunches with Cabinet Ministers." That smacks of cash for access and in terms of the programme for Government and the determination to limit corruption in this country, it is utterly wrong. I want to know if the Taoiseach was party to this.

What about SIPTU?

Was he at the pre-Cabinet meeting that decided on breakfast with Michael Noonan and, as it says in the newspapers, lunch with Leo? That is cash for access, no more and no less and it is utterly wrong.

Thank you Deputy Burton.

It is something that, in the context of all of the changes made with regard to declarations, I thought had actually been rooted out.

Do not be worried, Deputy Burton. Do not be worried. It is-----

It is not so long ago since it was jaunting with Joan.

It is beneath Deputy Burton to put out an assertion that the Fine Gael Party is in some way involved in corruption. It is beneath Deputy Burton to do so.

Is it cash for access?

Deputy Anne Rabbitte please. Please, Deputy Burton.

I think it is a disgrace.

Please, Deputy Burton.

Deputy Burton was pretty good at it herself.

Fine Gael members and Ministers attend party functions on a regular basis.

I would like the Taoiseach to withdraw that allegation right now.

I did not hear any allegation. I ask the Deputy to resume her seat.

If the Deputy is going to give it, take it.

I request that the Taoiseach withdraws that allegation against me right now. Cash for access by various Fine Gael Ministers is wrong. It would be wrong in any democracy and it is wrong in this democracy. It should have been ruled out by all of the changes we made.

What about the SIPTU contributions?

It is not an issue that is relevant to the Order of Business.

Let me assure Deputy Burton, in her over-excitedness here, that the Fine Gael Party and its members will confine itself specifically to the legislation that governs all of these things. It was the Fine Gael Party, together with the Labour Party, that introduced this legislation and we abide by it. Again, it is beneath Deputy Burton, as a former Tánaiste and a former Minister, to make that assertion and I reject it completely.

Deputy Anne Rabbitte please.

I ask the Taoiseach to withdraw that allegation.

No, no. Please resume your seat, Deputy Burton.

I am talking about two reports in widely respected newspapers -----

Please resume your seat.

----- which interestingly, the Taoiseach has not denied.

Please resume your seat. The rules of the House apply to Deputy Burton just the same as everyone else.

What sort of party -----

Resume your seat. This is not at all relevant to the Order of Business. Deputy Anne Rabbitte please.

The Deputy can come along to one of the breakfasts.

The programme for Government in chapter five, page 59, commits the Government to the expansion of the air ambulance service, including providing a night service. What is the situation in that regard and are we providing a 24 hour service when the need arises for an air ambulance for children who might need to be airlifted from Baldonnel to Great Ormond Street Hospital or to Belfast?

I answered questions on that issue earlier on in the context of the retirement of personnel at Baldonnel and a shortage of pilots to fly both fixed wing aircraft and helicopters. The emergency helicopter based in Custume Barracks is available on a 24-hour basis. The Minister of State at the Department of Defence, Deputy Paul Kehoe, and the Minister for Health, Deputy Simon Harris, are working to rectify the problem so that when calls are made they can be answered within the timescale by whatever means so that patients, children or adults can be brought to the hospital where they can receive treatment.

The programme for Government contains a commitment to implement the national maternity strategy. One of the key elements of that strategy is to make the 20-week anomaly scan available in all maternity facilities. Currently it is only available in six. Alongside this, national guidelines are also due to be published. It is important that these scans are made available so that no parent is left in the situation in which a young mother found herself in Kerry recently. She gave birth to a baby who had a serious heart condition. Her baby was transferred to hospital in Dublin while she had to remain in Kerry.

Having just given birth she travelled to Dublin to be with her seriously ill baby. When her baby died, and the death was inevitable, she had to strap her child into a car seat to bring her dead baby home. Had she had a 20 week anomaly scan, which is considered fairly basic in most developed countries, that young mother could have made provision to spend the few days that she had with her beautiful baby girl. She could have said goodbye in a decent and dignified way surrounded by her family. When I say that this is important I really do mean it. These scans should be available to every pregnant woman in the State.

I do not disagree that these scans should be available. Clearly, in every hospital in every location the provision of scans and equipment is part of the process and strategy for the provision of proper facilities for pregnant mothers or other sectors who are involved in hospital treatment. I recall the case referred to by the Deputy and obviously that mother was, and is, very upset. It is a case, I expect, of the facilities and the capacity to provide anomaly scans and that is a process of following procurement and setting out the facilities that are necessary in hospitals and so on.

The equipment is there. No procurement is necessary.

I wish to make the same point to the Taoiseach. Our local hospital, the Midland Regional Hospital Mullingar, is also a maternity hospital, and not just for my constituency but also for the midlands. The hospital put a business case to the HSE for it to provide €120,000 in order to ensure the hospital could comply with the national maternity plan. The business case for €120,000 was refused by the HSE just before Christmas. It is not good enough for the Taoiseach to say that this is part of the national maternity plan and that it is his wish and desire. Real action must follow through on that issue. One third of the expectant mothers who present to the hospital in Mullingar are scanned. This means that two thirds of expectant mothers fail to get that scan. It is a priority that should be implemented and rolled out across all maternity hospitals.

The Deputy might bring the matter forward as a Topical Issue matter to allow for additional debate.

It is not a question on legislation, but I am not sure whether the business plan was turned down because of shortage of money or because of its inadequacy. I remind Deputy Troy that €900 million extra was made available to the health budget for 2017, which now stands at €14.5 billion. This is an important element but it is a small sum in that context. I do not know the details of why the business plan was turned down. Obviously the HSE made its decision in that regard. We can follow it up.

I thank the Taoiseach and that concludes the questions on promised legislation.

If I could have ten seconds-----

No. The Deputy cannot ask a second question.

I will be ten seconds. I join Deputy Niamh Smyth who raised this issue in relation to the maternity hospital in Cavan only last week. I want to reiterate the point she made and that was made by colleagues earlier.

The Deputy should put it down for Topical Issues.

All maternity hospitals must have that 20-week scan.

That concludes questions on promised legislation, and more besides.

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