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Dáil Éireann debate -
Wednesday, 29 Mar 2017

Vol. 944 No. 3

Questions on Promised Legislation

People were genuinely shocked last evening when the Policing Authority issued a statement in which it again expressed its disappointment at not being advised in a timely manner that an audit into the breath test issues was under way. Despite questioning over several months, the authority has not yet been provided with the full internal reports or indeed a clear sense of how these matters have been handled to date within An Garda Síochána or of the status and content of the audits that have been undertaken. That is very disquieting to say the least. It calls for a response from Government and from the Minister for Justice and Equality. The Taoiseach said yesterday that he would be meeting leaders of the House with regard to this long-announced root-and-branch reform. In my view, a strengthening of the legislative capacity of the Policing Authority is clearly required. When new bodies are set up, there has been a tendency on the part of An Garda Síochána to look at them askance and see them almost as something to be dealt with or taken on. This suggests that there has been very little respect for the Policing Authority in terms of the gravity and scale of this issue-----

The time is up, Deputy.

-----and the fact that there has been no provision of the requisite documentation and information to the authority.

The Policing Authority and the Department of Justice and Equality should have been aware of the conclusions of the final audit that yielded the discrepancy that is now the cause of such public disquiet. It is important to acknowledge that these matters are now in the public arena. It is right that this is the case. What is even more important now is that we have the right set of actions to respond to them. I agree with the point Deputy Micheál Martin made, but the Tánaiste has already said this. Under the legislation that is in place to govern the Policing Authority and GSOC, the Government and the Oireachtas need to make a decision on whether further powers are needed, particularly with regard to the Policing Authority. This is a matter that needs to be examined. If further powers are required this year and if the Tánaiste is satisfied that they are merited, I am sure they will be put in place. The Tánaiste is engaging with GSOC, which has been in place for a decade, to look at whether further powers are needed for it to ensure that the issues of disquiet and the need for confidence can be responded to in the correct and most effective way.

In the programme for Government, there is a commitment to investigate a full review of public transport policy to ensure that services are sustainable into the future and meet the needs of a modern economy. The Minister will know that the Government is the sole shareholder and that it has a responsibility and a duty to ensure that our public services function properly and effectively in the public interest. The Minister should also acknowledge that the Government is failing in this. Today, workers from Bus Éireann will be outside Leinster House demanding that the Government, and particularly the Minister for Transport, Tourism and Sport, engage, urgently and in a proper fashion, with the unions and the management to seek a resolution to this strike. In the face of action that is having serious consequences for tens of thousands of citizens caused by the Government's policy, particularly citizens in rural Ireland, it is unacceptable that the Government has chosen to stick its head in the sand. Will the Minister agree to an early debate in the Dáil on the Bus Éireann strike and will the Minister, Deputy Ross - Minister "Now you see him, mostly you do not" - do the right thing and engage with the unions and management?

On the same matter, the programme for Government speaks to the need for investment in our public transport to uphold the principles of smarter travel and policies. How will that be possible if the Minister for Transport, Tourism and Sport is satisfied to allow one of the most important pieces of strategic public transport to be undermined by a management determined to cut routes as well as the pay and conditions of its workers?

Deputy Adams has called for a debate. I understand that the Minister for Transport, Tourism and Sport, Deputy Ross, is before the Joint Committee on Transport, Tourism and Sport today and will, I am sure, answer questions from all Deputies on the matter.

Reference was made to investment in Bus Éireann. I stated earlier that it is because of the Government's recognition of the importance of public transport that it has invested over €200 million in public services in recent years. In the absence of that investment, these public services would not be available.

Reference was made to the resolution of this problem. As the Minister, Deputy Ross, has said on several occasions – the Government supports him fully in this regard – the mechanism by which these issues must be resolved, ultimately, is through the industrial relations machinery of the State. I outlined earlier, in answer to similar questions from Deputy Martin, that the Workplace Relations Commission and the Labour Court handle thousands of these issues for the country year after year. In order to ensure their continued role in matters of deep importance, it is crucial that the Government supports them.

When will the judicial council Bill be brought before the Dáil? Will it deal with what I believe to be a sinister development? The Director of Public Prosecutions has sent a letter to defendants who are facing trial in April in respect of events in Jobstown. She has asked them not to participate in an event at Liberty Hall on Saturday which has been widely advertised and which will be addressed by a range of speakers. She has asked them not to participate in any protests or engage in any social media comment in respect of the trial. This is a further infringement of the right of people to speak to prevent a miscarriage of justice. Prejudicial comments have appeared in the media in respect of this trial for the past two years. Now, the community wants to have its say and give its side of the events that took place. If the defendants do not agree to comply with these outrageous conditions in court tomorrow, the likes of Deputy Paul Murphy and others could be sent to jail immediately. This is a really serious infringement on the right of people to put up a fair defence of themselves. The Government has had to abolish the water charges and designate them to history. This should be let go; these charges should be dropped. Otherwise, the Government will get involved in a very serious miscarriage of justice.

The Deputy is over time. She is moving again into the area of the responsibility of the courts. We have separation of powers in this country and I am very uncomfortable with the idea of a Member raising a matter relating to a court case that is currently active.

The courts will reach into the Dáil to try to grab a Member tomorrow. Where is the separation of powers in that light?

Does the Minister have any comment to make?

It is precisely in recognition of the independent nature of our courts and because of the fact that they are free from political influence in making their decisions that I am not going to comment on the individual case that has been raised.

This is the most political trial of the decade.

Deputy Coppinger raised a question on proposed legislation. I understand the Bill in question is being drafted. It is a priority for drafting within the Office of the Attorney General and I understand it will be presented during this session.

Has the Minister for Public Expenditure and Reform had any discussions with the Minister for Social Protection, Deputy Varadkar, in respect of the latter's plans for taxes and in respect of the future of the universal social charge? Has the Minister, Deputy Varadkar, asked the Minister for Public Expenditure and Reform to cost his proposals in the event that he might be in a likely position to implement them?

I have had no such discussions on the matter with the Minister.

In light of the revelations that the breathalyser figures are incorrect, I call on the Government to withdraw the Road Traffic Bill before the Dáil. The Government proposes to further penalise drivers caught with a blood alcohol concentration of between 50 mg and 80 mg per 100 ml by talking their licences and putting them off the road. This will have a devastating effect in rural Ireland. How can we trust the figures the Minister presented in support of the Bill in light of the revelations of recent days? I am asking the Government to withdraw the Bill in view of the mayhem we have seen in recent days.

The Government has no plans to withdraw that legislation. However, it does touch on an important issue raised by Deputy Healy-Rae. It is great to see the Deputy's brother back in action today after the nasty incident he experienced recently.

The Minister for Public Expenditure and Reform is all heart.

I am. I am keen to address the particular issue the Deputy has raised. It is important to be clear that the issue relating to the use of the breathalyser arises in respect of the number of incidents recorded. However, the evidence produced by the use of those breathalysers in tests was still used to deal with dangerous driving on our roads to make our roads safer. I will answer the Deputy's question on the legislation again: the Government has no plans to withdraw it.

Tomorrow is the tenth anniversary of Ireland signing up to the United Nations Convention on the Rights of Persons with Disabilities. Incidentally, the convention has not yet been ratified. In that context, when does the Government intend to restore the motorised transport grant? I asked the Taoiseach that question on 1 February, exactly two months ago. He told me that he would take a personal interest in the matter and that he would shortly be in a position to give me a date. The only problem with the answer was that it was exactly the same as what he had told me two months previously. The difficulty is that thousands of vulnerable disabled people have potentially qualified for the motorised transport grant since it was abolished for new entrants in 2011. This has been going on for five years. My appeal is on behalf of those people. Will the Minister for Public Expenditure and Reform indicate when the Government intends to grasp this particular nettle?

My first comment is on the general matter of the ratification of the UN Convention on the Rights of Persons with Disabilities. The Minister of State at the Department of Health, Deputy Finian McGrath, is working hard on that project to ensure it is realised. His work represents the acknowledgment we want to put in place in respect of the rights of those who need services and support. The Minister of State has engaged with me on the matter. I know he is now working with the Department of Justice and Equality in particular to progress it. Deputy O'Dea raised a specific matter regarding the time for the change for those who need support with transport. I cannot give the Deputy a specific date now because the Minister of State is leading that work. However, I will inquire of him in respect of where it stands and ask that he respond to the Deputy.

The promised legislation that I would like to ask about relates to the medicinal use of cannabis. The current system in place is simply not working for families such as the Barry family in Aghabullogue. The Health Products Regulatory Authority published a report in February. Following publication, the Minister announced that he was going to put in place an access programme for cannabis-based treatments. The plan at that point was that the report would be discussed by the joint Oireachtas committee, in consultation with the stakeholders, in respect of how it would operate and how broad it needed to be. The Department of Health was to review the legislative changes needed as well. What progress has been made in the meantime? How soon will this happen? What is the timeline for delivering on this new access programme?

I understand that the legislation to which that question relates is Private Members' legislation drafted by Deputy Gino Kenny.

No. Deputy Moynihan is not referring to the compassionate access programme. This is separate.

Another Bill was brought in by the Minister for Health.

I will respond with the information that I have to hand and then I will deal then with the second point. The committee hearings on the matter are due to take place in April. It will provide an opportunity for the Oireachtas to engage on this matter. I cannot give a time for the particular legislation from the Minister for Health, Deputy Harris, but I will contact his Department and get the officials to furnish that information.

A beef scandal has broken out in Brazil in recent weeks. I was shocked to discover that after a two-year investigation in Brazil by federal police, several companies are accused of using chemicals and acid to disguise rotten meat. One startling thing to emerge is that the Directorate General for Health and Food Safety of the European Commission only learned of this investigation through the press when the scandal broke. I fear for the safety of the European consumer in the context of these Brazilian food products. I am also concerned about beef producers within the EU, and especially those in Ireland. We have full traceability from farm to fork. Yet, our farmers are competing against major international companies from various parts of the world. It is clear that at they are not subjected to anywhere near the same type of regulation. Obviously, this gives international competitors a major advantage. I call on the Government to take serious action at European level in the interests of public safety. Our Government needs to push for a total ban on Brazilian meat imported to the EU and for the immediate suspension of the Mercosur trade deal.

The Government and Irish farmers are absolutely committed to high standards in food production, ensuring that consumers have confidence in food, as well as ensuring that people who seek to buy that food will have confidence in it, particularly if they are abroad. No trade agreements to which the Government is a party or which it might enter into will be allowed to undermine that confidence.

The Government announced some time ago the amalgamation of the offices of the Pensions Ombudsman and the Financial Services Ombudsman. When can we expect that legislation to come before the House? As a matter of interest, why did the Government decide to amalgamate those two bodies, considering the onerous tasks facing the Financial Services Ombudsman in particular?

The rationale for the amalgamation is that the Government believes that there is expertise residing in both organisations that could be more effectively used to deal with issues, particularly with regard to consumer confidence, if both organisations are brought together. Regarding the timing, I understand that the Bill will be before the House during this session.

It is reported that the television licence is now going to be extended to cover laptops, iPads etc. Apart from the idea being ridiculous in itself, how is it going to be enforced? Are college students who have laptops to carry out their studies now going to be hit with this fee? Are the television licence inspectors going to be allowed into homes to check for these devices? I cannot see how this is going to be enforced. There are lots of people with such devices who do not watch content from RTE and so forth. How is it fair to hit such people with this fee? The Government should be dealing with the bigger problems of the day and not going after people who own these devices and use them primarily for educational purposes.

By the way, I thank the Minister very much.

First, no proposal has been brought by the Minister for Communications, Climate Action and Environment, Deputy Naughten, to Cabinet on changes to the television licence and how that revenue could be collected. We acknowledge how important the television licence is for the funding of our public service broadcaster. Clearly, were any changes to be made to the licence in the future, we would have to look at issues of equity and how those on low incomes, including students and the elderly, would retain access to our national broadcaster. All of these are matters that will be considered in the future and no such proposals have yet been brought to the Government. The Minister has already been very clear, publicly, that the magnitude of change in the level of the television licence fee referred to last week will not be happening. If and when we get to a debate on the structure of the licence, I am sure the Deputy's points will be central to any considerations.

The programme for Government sets out admirable targets for the development of rural Ireland. However, the current cost of connecting to Irish Water for a one-off house in rural Ireland is exorbitant. An Irish Water connection costs three times more than a connection to the ESB service and in some cases it is twice the cost of sinking a well. Irish Water is abusing its protected position in the market and must be brought under control. To add insult to injury, it will not consider any kind of structured instalment payment arrangement.

The matter raised by the Deputy does not refer to legislation or commitment within the programme for Government. That said, I will make a brief comment on it. Historically, many rural dwellers have used group water schemes or private schemes to access water. That is why I am of the view that it is critical in any future discussion on water charges that we recognise those who have been paying for water for many decades.

The commercial rates Bill is on the list of promised legislation. In view of the concern expressed in my own county of Kildare following the recent revision of valuations, would it be possible to bring that legislation before the House at the earliest opportunity and accelerate its passage?

We all know how important the issue of rates is, particularly for the owners of small and medium-sized companies who need predictability regarding the bills they will be facing in the future. In recognition of that, I understand that the heads of that Bill will be presented in April.

It is over six months since party leaders convened in Government Buildings to discuss a commission of investigation into NAMA and the sale of Project Eagle. They reconvened at the start of October and we have had many attempts, if I may say so, to frustrate the setting up of that commission of investigation. Fianna Fáil said that all criminal investigations would have to conclude before such a commission could begin but thankfully, it has rowed back from that position. The latest position of the Government was that we should wait until the Committee of Public Accounts published its report. That report is now published and can be seen by all. Can we get a commitment from Government that there will be a reconvening of the party leaders to agree the terms of reference of the commission of investigation, which Sinn Féin submitted to Government, through that committee, six months ago?

My understanding is there will be statements on that matter this evening at 6 p.m. The Minister for Finance will be dealing with the matter. The Government has been very clear that issues of public concern relating to Project Eagle had to be dealt with and believed that the Committee of Public Accounts was the appropriate forum for that. It is not my role to speak for others in the House but there has been no attempt to frustrate or slow down that process and that is why there will be a debate on the matter this evening in the Dáil.

The programme for Government contains a commitment to introduce legislation for the regulation of surrogacy and assisted human reproduction services. This is an urgent matter for families in very trying situations. Their only option until legislation is introduced is to travel abroad at huge cost. When will the aforementioned legislation be introduced?

I am very much aware of the huge changes in technology that are bringing hope to many families. Clearly, alongside all of that there is a huge need for that area to be better regulated than it is at present. In direct answer to the Deputy, I understand that the heads of that Bill will be available to the Oireachtas in June.

I ask for an update on the new children's hospital establishment Bill. This legislation has been a long time coming. According to the list of priority legislation, the heads of the Bill were due early in 2017. Clearly, that has passed so I ask for an indication of when they will be published, particularly in light of the fact that we will be discussing this issue in the House this evening.

The matter will be discussed tonight via a Private Members' motion tabled by Deputy Mattie McGrath and others. In answer to the Deputy's question, I understand that the heads of that Bill will be available at the end of April.

During the term of the last Government - I know that Deputy Donohoe is not responsible for the last Government as such, but he was a member of it - a move was made to get rid of some so-called quangos or agencies. One of those agencies was the Digital Hub in Dublin, which was to be subsumed into Dublin City Council. Legislation which was promised at the time and is still promised, namely the Digital Hub development agency (dissolution) Bill, was to dissolve the Digital Hub and give effect to its merger with Dublin City Council. The description in the Government's legislative programme is "Work is underway", which I have never seen before. How long is that work going to take, given that the legislation is already five years in gestation?

It is nice to hear the Deputy express the view that I am not responsible for the last Government; it is a view not often articulated by his party colleagues. In response to his question, I understand that the heads of that Bill will be drafted in quarter three of this year, after which the Bill will be available. I was in the Digital Hub at the end of last week and saw at first hand how successful it is and how valuable its presence is in the Deputy's constituency. It appears to be doing exceptionally well at the moment. I also saw the new accommodation at the back of the Digital Hub which indicates to me that the right way to manage it is via integration with Dublin City Council.

I wish to know the reason for the very long delay in the passage of the Companies (Accounting) Bill 2016. The Bill has passed all Stages in the Dáil and has been referred to the Seanad. The original target commencement date was December 2016 and a number of business people have contacted me about it. The relevant EU directive required transposition into law by July 2015. What is the reason for the delay? Will the Minister for Jobs, Enterprise and Innovation guarantee the passage of the Bill with no further impediments? I also seek an indication of when the Bill will be enacted.

The Deputy is asking me for many guarantees I cannot actually give. The reason is that the Bill is now moving into the Seanad. Obviously, the enactment to which the Deputy is referring is dependent on the Bill passing successfully through the Seanad. The Minister for Jobs, Enterprise and Innovation, Deputy Mary Mitchell O'Connor, is very much aware of the importance of that Bill. I am sure that, upon its passage through the Seanad, it will be speedily enacted.

Deputy Gerry Adams referred to the review of public transport. I apologise for having to raise this issue. Having raised it in the normal way, through written and oral questions and topical issue debates, I quite honestly believe the answers I have received have been absolutely pathetic and devoid of any factual material. The reason I raised the question as to when the review will take place and its timing is that I am conscious that there is a mid-term capital review. It is important that if the review is to be effective, it will feed into it. Public transport has seen significant growth in use, and traffic in the west of Dublin, including between the N4 and N7 junctions on the M50, is at a level predicted for 2023. I am concerned that the Minister for Transport, Tourism and Sport, Deputy Shane Ross, has not given factual detail in the replies he has given on the nature of the review, when it will take place and whether it will be produced in a timely way to feed meaningfully into the mid-term capital review.

I assure the Deputy that the Minister for Transport, Tourism and Sport and his Department have already been on to my Department. They are already engaging with my Department on what they believe to be the future capital needs of our public and land transport network. I imagine the review to which the Deputy is referring will be affected by the industrial relations dispute that is currently under way. This is one of the reasons I hope it can be successfully concluded. In any case, I assure the Deputy that the Department of Transport, Tourism and Sport and its Minister, Deputy Shane Ross, are raising very clearly the future capital needs of the transport network.

Figures I obtained very recently on early intervention, which is committed to in the programme for Government, show that 7,176 children in this State are waiting for over a year for initial therapy or assessment. I am sure the Minister can agree this figure is both shocking and unacceptable. In my constituency, there are 921 children in north Tipperary waiting for early intervention while in Offaly the waiting period for so-called intervention is 17 months. That is absolutely scandalous. In addition, the problem in Offaly has been made worse by the fact that the clinical psychologist post is vacant since August. Can the Minister advise when this post will be filled? When will the early intervention teams be put in place, as envisaged in A Vision for Change?

I am not in a position to update the Deputy on the status of an individual post. I can say, however, that the Government, including the Minister for Health, Deputy Simon Harris, is very committed to trying to recruit more speech and language therapists. I do not want the development of our youngest children to be affected by an inability to gain access to speech and language therapy, in particular. I acknowledge this happens more than it should. I am very much aware of the issue, particularly within my constituency. The Government has plans and has the funding in place to try to recruit further speech and language therapists to deal with an issue which I do not want to see develop.

The Deputy might table a topical issue or question on that matter.

In light of the programme for Government and the various commitments by the Government to support communities and community-led projects, responsibility for this area falls directly within the Department of the Minister, Deputy Paschal Donohoe. I understand the national lottery funding that was available through the Department of Health - the discretionary lottery funding specifically for the Department of Health - has been done away with completely for 2017. In light of the many projects the funding supported throughout the community, can the Minister give a rationale for the cut? Could he consider reinstating the funding because it was supporting very small community projects? It would have given great benefit right throughout the country.

I am very much aware of the importance of lottery funding and the role it has played in supporting small projects and initiatives across our State. I will engage in the matter myself and seek to understand further the issue to which the Deputy is referring. I will revert to him on the matter.

In the programme for Government, on page 121, there is a wide range of measures to combat climate change. On this basis, could the Minister please provide the House with an update on the recent discussions that took place at Cabinet on my Private Members' Bill to ban fracking in Ireland? Can he advise when this Bill will be sanctioned to go before the committee? It is currently in the Office of the Attorney General.

The Minister of State at the Department of Communications, Climate Action and Environment, Deputy Seán Kyne, shall respond to this. He is leading the Government in this area.

I was before the Committee on Communications, Climate Action and Environment in private session yesterday to discuss the report it has discussed. It is hoped the Government amendments will be published, if not within the next fortnight certainly within the next month. That is the aim. It is hoped it will proceed to committee as soon as possible after that.

That concludes Questions on Promised Legislation. I congratulate all involved because we finished practically on time. We took 21 Members.

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