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Dáil Éireann debate -
Wednesday, 2 May 2018

Vol. 968 No. 4

Questions on Promised Legislation

We now move to questions on promised legislation and I ask Members to focus on questions pertaining to promised legislation or the programme for Government. I call Deputy Micheál Martin.

My question is in regard to the programme for Government and the ethics of public service and Government. I was very taken aback by the Taoiseach's response to my earlier question regarding the potential conflict of interest involved in the director general of the HSE being on the board of Evofem, a contraceptive manufacturer in the United States. Thomas Lynch, the chair of the Mater Hospital, is also chair of that company. Does the Taoiseach not get the potential conflict of interest? I do not know how Mr. O'Brien was facilitated in going on that board. Mr. Lynch is chair of the Mater Hospital and the Ireland East Hospital Group and will be putting forward projects which the Mater Hospital will want. I do not know how the director general of the HSE got on the board.

It is not good enough.

It is simply not reconcilable that one can be the director general of the HSE and also serve on the board of a company whose chair is also the chair of an Irish hospital. I do not understand why the Taoiseach does not get that. The Minister for Health, Deputy Harris, made a grave error in facilitating Mr. O'Brien joining that board. I have no personal issue with Mr. O'Brien but the bottom line is that if one holds the most senior position in the Irish health service, that is the person's position. If a person wants to do something else, the person should resign or retire and do something else but not do both. There is a real potential conflict of interest given the huge competition for resources between hospitals in Dublin, of which the Taoiseach is as aware as I am. A clear conflict of interest is staring the Taoiseach in the face.

The decision was made on the basis that there was no conflict of interest-----

How is there no conflict of interest?

-----and that his contract permits the director general to serve on boards if there is no conflict of interest. The relevant paragraph of the letter permitting him to join that board states that approval in principle was conveyed by the Minister for Health on 6 June 2017 on the basis that the business, Evofem, is based outside the State and is neither competitive with nor engaging in any business with the HSE------

Can we see the letter?

-----that normal director fees would be payable; and that the functions would be performed in his own time without any detriment to his work as director general of the HSE.

What about Thomas Lynch?

Is that the only other job Mr. O'Brien has?

I want to ask the Taoiseach about the serious incident management team conducting an audit into CervicalCheck. I understand the audit formed the basis of a report presented yesterday evening to Tony O'Brien, who is still director general of the HSE. Given the level of confusion and misinformation that has marked this sorry episode, the report should be made available to Members.

I also want again to register my huge anger and bemusement that far from Mr. O'Brien being dealt with and removed from his post, not alone will he go off with his pension and a gratuity but he is being facilitated in the way previously described to participate on a board and receive fees for that in a manner that is a clear conflict of interest. That offers an interesting perspective on the Taoiseach's style of government and his attitude as head of Government, not least to the women of this country.

I have not seen the report but I will ask the Minister for Health, Deputy Harris, to respond to Deputy McDonald's question.

I have no axe to grind with Mr. O'Brien but there is clearly a conflict of interest and it is not proper for him to be a board member of a health provider and director general of the HSE.

I seek clarity on a statement made this morning by the Taoiseach. Myriad questions on this issue will have to be asked and answered in the coming days. The Taoiseach and the Minister for Health, Deputy Harris, yesterday stated that the HSE is to introduce a new screening test from October. The current cytology test used by CervicalCheck has a low sensitivity of between 60% and 75% and, as a consequence, produces a not insignificant number of false negative results. It is to be replaced by a new HPV test which produces more accurate results. According to the documents published yesterday, the new test tests for HPV which is responsible for 70% of cervical cancers. Are we moving from a less accurate universal test which produces up to 30% false negatives to a more accurate test which is ineffective for 30% of cervical cancers?

I am somewhat out of date when it comes to medicine. It is a very valid question but I would not to give an answer as I am not an expert in the area. The new test to which we are moving is more accurate.

We will be among the first countries in the world to move to that test.

The Health Information and Quality Authority, HIQA, did a detailed health technology assessment, HTA, on this and came to that conclusion. I have not had a chance to read that yet. I would invite the Deputy to examine the HIQA HTA on that which would explain all these issues.

The Taoiseach promised the women of Ireland that they can be retested by their general practitioner, GP. That is very welcome because cervical testing and screening is very important. However, questions arise. In my office alone there are three women who cannot get appointments with their doctors. There is a crisis with GP services. One woman can get an appointment at the end of May. The other two women were told the GP was not taking appointments. In areas like Cavan-Monaghan, it is impossible to get an appointment with a GP.

First, can the Taoiseach address how that will happen for the tens of thousands of women who are very worried now? Second, who is doing the testing? Will it be the same outsourced companies that failed Vicky Phelan and probably tens of thousands of other women? When we get to the truth of this issue and get past the tip of the iceberg, I reckon we will find that thousands of women have been failed. Will the same outsourced companies do the testing or has the Taoiseach made alternative arrangements?

As I think I explained yesterday in the Dáil, 50% of the tests are done in Irish laboratories and 50% are done in US laboratories. Two US laboratories are used - one in New Jersey and one in Texas - and one laboratory is used in the Coombe hospital, not too far from here. The Health Service Executive audit that was done does not show any statistically significant difference in terms of the number of false negatives or false positives between the different laboratories. That is something we will have to examine. I have heard what people have said. I have heard the people talking on the radio who have raised concerns about the US laboratories but the information we have, and in the interests of women's health we should base our decisions on fact, is that they do not show a statistically significant difference in false negatives in one laboratory from the other. Until we have evidence to the contrary, we need to base our decisions on those facts.

On the programme for Government and the commitment towards mental health community teams, the health committee was told recently that only 60% of the 114 mental health teams have a seven day service. This is where I have an issue with the Minister, Deputy Harris, and Mr. Tony O'Brien. That is only one of the terrible things going on with the HSE. A 14 year old girl has been languishing for the past ten weeks in a paediatric ward in Clonmel hospital.

Is the Taoiseach going to continue to save Mr. O'Brien and the Minister, Deputy Harris? In terms of the paragraph the Taoiseach read out earlier, the Minister, Deputy Harris, is nothing but a puppet for the HSE. He signed off on that letter to allow this man go off to an American company. He is already on a salary from the HSE of €192,000 a year. I want the Taoiseach, in the interests of the women and children of Ireland, and the mental health of the people of Ireland, to immediately dispose of the services of the Minister and Mr. O'Brien. It must be remembered that Mr. O'Brien had a track record of deceit with the Irish Family Planning Association and what he did there before he ever came into the HSE. There was no investigation of that, and the Taoiseach was the Minister for Health at that time. Both of them have to go, not one or the other but the two of them in unison. If the Taoiseach has a shred of credibility or respect for the women and children in this country, the Minister and Mr. O'Brien have to be sacked.

I remind the House that we are not an adjudicatory body when we refer to people outside the House. Whatever about politicians, we can do that. I remind the House to be careful.

We should stop them from saying it, and not after they say it.

I have a great respect for the Minister, Deputy Doherty, and I know she is a very intelligent person but if she can tell me in advance what someone is going to say, I would be very happy to consult her every morning.

I have huge respect for the Leas-Cheann Comhairle too but he can hear, as we can all clearly hear, the damage that has been done by certain Members.

I made a statement this morning and there is no point in criticising me afterwards because however intelligent I might or might not be, I am not that psychic. There are times when I do not know what Deputy McLoughlin is going to say. I do not know what the Taoiseach is going to say now, but I will allow him to respond if he so wishes.

The Minister of State, Deputy Jim Daly, will respond.

I do not know if the Leas-Cheann Comhairle knows what I am going to say but I will do the best I can. As Deputy McGrath is aware, I have offered to meet him at 2.30 p.m. this afternoon.

I appreciate that.

In the area of mental health, if he is looking for a scalp he will have to add my name to that list.

On the seven day service side, we are making significant progress on delivering that, and it is very important. One of the most crucial services we will deliver this year is a seven day service for mental health. It is long overdue but I am confident that by the end of June, we will have made substantial progress on rolling out a seven day service for people of all ages with mental health issues. That will be a very significant development. I will be engaging with Deputy McGrath and his colleagues representing the Tipperary area at 2.30 p.m. or 3 p.m.

A Leas-Cheann Comhairle, on the substantive matter-----

The Deputy does not have a second opportunity to speak.

Is the Taoiseach going to sack Mr. O'Brien?

Deputy, I ask you to resume your seat.

He did not answer the question.

I have no control over that. I will tell the Deputy again, and Members on all sides of the House, that we are not an adjudicatory body for people outside the House.

The Taoiseach is for the Minister, Deputy Harris.

When whatever is set up to investigate this there will be opportunities to decide on that.

Further to earlier questions raised about Mr. Tony O'Brien, my understanding is that the chairman of the board of the company Tony O'Brien is going to serve on is Mr. Thomas Lynch, who is the chair of the Mater. What is the Taoiseach's relationship with Mr. Thomas Lynch? Is it the case that he hosted a fundraising event for the Taoiseach last year?

It is. I know Thomas Lynch. He would be well known to many people in business circles. He is a successful businessperson who is the chair of a number of bodies, including that board. To my knowledge he has no involvement whatsoever in CervicalCheck. That is it.

I am sorry, but that is not the question I asked. Is it the case that Mr. Lynch held a fundraising event for the Taoiseach last year?

It is. That is a matter of public record, yes. I did not appoint him as anything.

I did not suggest you did.

What are you suggesting?

The provision of housing is one of the main aims of this Government, and it is in the programme for Government. The tenant purchase scheme was a vital part of housing in all local authorities. For a number of years we did not have a tenant purchase scheme. In the past three years, a new tenant purchase scheme was introduced but only 80% of applicants are qualifying for the scheme. Pensioners have savings, and have spent years in their houses, yet they do not qualify for the scheme that will allow them purchase their house. I want the Minister to do something about that.

I have a question about another aspect of housing. The Minister said he would provide funding for emergency housing, namely, demountable homes, in our local authority area. I hear from people every day that the Department is refusing, delaying and not providing money for this vital housing need. The people who are seeking demountable homes have the space to put them in place. People in Dublin are buying expensive sites and so on but the people in our county have the space to erect a demountable home. I have been told that the Department is not allocating funding to our local authority to buy these demountable homes.

I thank the Deputy for the questions. The tenant purchase scheme is currently under review and that review will conclude in the coming months.

On funding for what one might call a demountable or modular home or rapid build, funding is available from the Department for every county council. If the Deputy has a specific site or case about which he is concerned, I ask him to bring it to my attention and I will raise it with the council directly.

On page 113 of the programme for Government under the agriculture and the marine heading, the Government promises to work with the banking sector to make banking affordable for farmers. Banks, such as AIB and Permanent TSB, are announcing the potential sale of loans to vulture funds. That could potentially result in householders, farmers and business people losing their property. As the Government is the main shareholder in AIB, will it stop the sale of loans or mortgages to vulture funds by AIB?

That is a decision that has been made by the board of AIB. It is its sole legal right to initiate that. I will be consulted at a later point on the transaction at which time I will have an opportunity to make my views known on the matter.

I want to ask the Taoiseach about the Social Welfare, Pensions and Civil Registration Bill 2017, which was referred to the select committee over seven months ago.

This Bill needs to be amended to include protections for members of defined benefit pension schemes whose employers attempt to wind down such schemes and walk away from their pension obligations. A recent example of this involves Irish Life whose defined benefit pension scheme not only meets the funding standards but has a surplus of €240 million. When will the Government step up and stop employers winding down defined benefit schemes for no reason other than transferring the risk from their books onto their employees? We need to stop employers and big businesses from walking away from their pension obligations to their workers.

The Bill to which the Deputy refers is scheduled to begin Committee Stage on 31 May. As has been flagged since the very first day it was launched, it will include defined benefit pension scheme provisions as outlined by the Deputy.

The programme for Government contains a commitment to the creation of jobs nationwide. I must acknowledge the changes which the Minister for Business, Enterprise and Innovation, Deputy Heather Humphreys, has introduced at the IDA resulting in a new focus by that agency on the Border region. As the Taoiseach is aware, I have pointed out on numerous occasions in the House that the north west is the worst performing region in terms of jobs growth. Can we expect this new focus at the IDA to continue and can we expect more job announcements in the north west in the future?

I was pleased yesterday to see that unemployment has fallen below 6% and now stands at 5.9% for the first time in more than ten years. In County Leitrim the live register figures have fallen from 3,640 in 2011 to 1,965 now, and in Sligo they have fallen from 5,543 to 3,302 now. We are seeing a very significant fall in unemployment in both counties, and if one takes the Border counties as a whole, unemployment is now below the national average. I acknowledge, however, that there has been slow progress in securing employment growth and IDA-based jobs in particular in Sligo. It is very much part of the focus of the Minister for Business, Enterprise and Innovation to make sure that as many IDA and Enterprise Ireland supported jobs as possible are created outside of the Dublin area and she has made some great progress in that regard. The majority of new jobs supported by both agencies are being created outside of Dublin now. We need to continue in that vein and the Minister will do so to ensure that we have employment growth and good jobs in Sligo.

The programme for Government promises the delivery of enhanced primary care centres to every community and an increase in the number of therapists in primary care centres throughout the State. Almost two and a half years later and despite that commitment, Drogheda, which is the largest town in Ireland, has only one full-time and one part-time occupational therapist to cater for the entire town and the surrounding areas of south Louth. There are 124 people on the waiting list at the moment and the estimated waiting time is 44 weeks. An old age pensioner with Parkinson's disease has been told that he will have to wait 44 weeks to be assessed by an occupational therapist. When is the Minister for Health or the Taoiseach going to take HSE senior management to task over this? This is a serious failure. How can the Taoiseach justify this substandard delivery of health care in his so-called Ireland of equals, or rather of opportunity.

The Deputy is getting her slogans mixed up.

That is because there are so many of them.

The programme for Government commits to an expansion of primary care centres throughout the State and almost 100 new centres have opened up in recent years. We have seen an enormous improvement in the quality of buildings and facilities throughout the country. I do not have detailed information to hand on Drogheda but I will ask the Minister for Health to reply to the Deputy in writing.

There are commitments in the programme for Government to legislate for a duty of candour as well as to conduct business in a transparent way. In that vein, I ask the Taoiseach to give a commitment to the House that all relevant documentation relating to CervicalCheck will be published on the Department of Health's website in advance of any inquiry, because once an inquiry begins, it may be difficult to get documentation. I refer in this instance to publishing emails, correspondence between the Department of Health and CervicalCheck and between the Department of Health and the HSE, and all other relevant documentation in the interests of the transparency of which the Taoiseach is allegedly so fond.

On the same issue, the Taoiseach may be aware that many people, including Members of this House and members of the media, have tabled freedom of information, FOI, requests in respect of the communication that was taking place between the different agencies of the HSE, in the HSE itself, in the Department and at ministerial level relating to this unfolding scandal. The minute a statutory inquiry is established, all of these FOI requests will be denied. Depending on the type of inquiry that is set up, it may be months if not years before we get to the truth. In the era of transparency and given what was done by the Department of Finance in the past in terms of publishing all of the documentation relating to NAMA on its own website before providing same to a committee of the Assembly, will the Taoiseach ensure that the Department of Health, the HSE and other agencies publish all necessary information, in a redacted format with no personal information, so that the public can have full sight of what went on behind the scenes in this area?

I cannot make a blanket commitment like that. A lot of the documentation may involve personal information regarding individuals-----

That can be redacted.

-----but I note the request.

I wish to raise a matter in the context of the programme for Government and the Government's plans for the creation of employment in rural Ireland. Bord na Móna has ceased production at its Littleton plant in recent weeks. Does the Minister for Communications, Climate Action and Environment have any plans for the 1,200 acre site in terms of providing some employment in the area?

I will refer that question to the Minister for Communications, Climate Action and Environment, Deputy Naughten.

While further reductions in unemployment levels are to be welcomed, many construction workers in the north west are travelling to Dublin, Galway and elsewhere to work. Heretofore a payment known as "country money" was paid to construction workers, including bricklayers, carpenters, plumbers, welders and so on, who had to travel and stay away from home for at least four nights per week. The payment rate is currently set at €181.68 per week. The last time this allowance was increased was on 1 July 2008, even though it was to be increased every six months and in line with increases in the consumer price index. Will the Taoiseach consult the Minister for Business, Enterprise and Innovation on this and urge her to bring together the relevant trade unions and the Construction Industry Federation, CIF, to look at this because it is causing a lot of hardship for those who have to travel to work and stay away from home for several nights? In the context of the rising cost of accommodation, this allowance needs to be looked at again.

There is so much construction related travel taking place at the moment because of the very large increase in the number of primary care centres, public transport schemes and homes that are being built. That is creating challenges within the construction sector as it tries to supply the necessary workers. The Government has recently set up a construction sector working group and that is the best forum in which to deal with the issue raised by the Deputy. As he knows, what employers in the private sector pay their own employees is a matter for them, although it is an area in which both the Labour Court and the Workplace Relations Commission have been involved. The construction sector working group includes representatives of the Construction Industry Federation, CIF, and a number of Departments and is the best forum in which to analyse the matter raised by the Deputy.

In the last couple of hours the European Commissioner for Budget and Human Resources, Mr. Günther Oettinger, has announced the multi-annual framework for the EU budget from 2020 to 2027, which includes a proposed 5% cut to CAP over that seven-year period. If that 5% that has been proposed by the European Commission is added to an average of 3% inflation over those seven years, that could amount to a cut to CAP of 26% by the year 2027. That is what farmers could be facing, and considering that many sheep and beef farmers in this country depend exclusively on CAP payments for their net income, such a situation cannot be tolerated.

Following on from this morning's announcement, I ask the Taoiseach to set out his plans for working with other European leaders to ensure the budget is not cut and the incomes of farm families are protected over the coming years.

Deputy O'Keeffe has indicated that he has a similar question. Is it any different?

Is it any different from Deputy McConalogue's question?

If it is the same question, it will get the same answer.

We will have to ask the Minister, Deputy Doherty.

All I want to know is whether Brexit, which will have an enormous additional impact on agriculture, has been factored into the cut that has been announced today.

I thank the Deputy for his brevity.

It is a long time since we had 3% inflation. I think we have had deflation more recently than we have had 3% inflation.

We are on an upward trajectory.

Leaving that aside, the Government has already indicated its position on the new EU budget, which will not kick in until 2021. We have given our very strong view that CAP and other well-functioning programmes like Erasmus and Horizon should not be cut. Our negotiating position will be that there should be no cut in CAP payments to farmers. We have indicated that this country is willing to increase its contribution to the EU budget to protect these well-funded programmes, as long as other countries are willing to do likewise. We will work with our allies across the Union to achieve that.

The programme for Government contains a commitment to enhance the education sector. Scoil Naomh Seosamh in Laragh, near Bandon in County Cork, has been promised a new-build classroom for a long time. They are very grateful to have been given sanction to appoint a new teacher in September. Beidh daltaí agus múinteoirí ann, ach ní bheidh aon rang nua ann. The Taoiseach might be able to tell me when it is intended to build this extra classroom.

That might be a suitable subject for a parliamentary question.

I will ask the Minister, Deputy Bruton, to reply to the Deputy in writing.

I thank the Taoiseach.

Everyone is conscious that significant problems are coming at us because of Brexit. I would like to focus on the issue of protected geographical indication. Every whiskey that is produced on the island of Ireland is designated as "Irish whiskey". After Brexit, it will no longer be possible to call Bushmills "Irish whiskey". This will have an impact on all the other products that are called "Irish whiskey". The system of protected geographical indication is governed by an EU directive. When the UK leaves the EU, all the products in Ireland that come under that directive will be affected because it will no longer be the case that the entire island is in the EU. The Government needs to focus on this issue, which will have a particular impact on the spirits industry. We need to be conscious of the need to protect this huge growth industry.

I am sure Bushmills will continue to wish to describe itself as "Irish whiskey".

It will not be allowed to do so.

I cannot imagine that it would wish to describe itself as "British whiskey", "Ulster whiskey" or anything else of the sort. Of course this is a matter for negotiation in the context of the withdrawal agreement and the new trading relationship that will develop between the EU and the UK. I am aware of the country of origin issue.

The Government lost a Dáil vote on occupational pensions for community employment supervisors by a substantial margin last week. I repeat the call that was made in the motion that was agreed by the House for the Minister to meet the unions as a matter of urgency so that strike action can be averted. Approximately 40 of the 1,200 community employment supervisors in this country are due to retire this year. This matter has been well discussed in the Dáil. The last thing we want is for these supervisors to take strike action because that would mean the 25,000 workers on the scheme would not have anyone to manage them. I appeal to the Minister to meet them as a matter of urgency.

Of course I agree entirely with the Deputy that we should do all we can to avert any form of industrial action. We have a difficulty with this matter for the same reasons that applied to Deputy Butler's party in government when this ruling was made. It was outlined in the Dáil last week that it would cost €180 million to deal with everybody who could be affected by what is proposed. When this is taken with the knock-on costs across the entire State of dealing with those who provide the service on behalf of the State but do not work for the State, it is clear that the overall cost would be gigantic. I am open to any ideas or engagement regarding how we can deal with this matter without creating a huge contingent cost and difficulty for this and any future Government.

The Government created the issue.

According to the programme for Government, which contains a number of references to "A Just and Fair Society", the Government wants "people to have the peace of mind that comes from feeling safe and secure". When the people of County Roscommon, and particularly the Ballaghaderreen area, welcomed some unfortunate people from Syria, they were promised the sun, the moon and the stars in return for making them welcome. According to a recent report on Shannonside FM, people at the emergency reception and orientation centre in Ballaghaderreen have said it is like a prison. Individuals who have been through some very tough times have been at the centre for six to nine months, but the promised housing has not come. While they are at pains to point out that they thank the Irish people for taking them in and giving them a better quality of life, they are in a desperate state. Will the Taoiseach go back to his Ministers to try to sort this out and give some quality of life to the many families that are cooped up together in a small area?

It is not a prison, in fairness. Nobody is being detained. Nobody's freedom is being taken away. In a prison, people are detained against their will and have their freedom taken away. I do not think it is right to characterise the centre in that way.

There are many families cooped up in a small area.

I will ask the Minister for Justice and Equality to provide a written update on the efforts being made to ensure these people can be moved into more suitable and more permanent accommodation from the former hotel they are staying in.

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