I asked earlier about the commencement of the Legal Services Regulation Act 2015, particularly in respect of section 32B. I think the Taoiseach indicated that the Legal Services Regulatory Authority has not been established but it has been established. It was announced to have been established in 2016. Section 32B is not dependent on the authority. The section concerns how to deal with clinical negligence issues. The very heart of the Vicky Phelan case and the cases before the State Claims Agency were cases against the State. The idea around section 32B was to prevent that kind of trauma and to give tools to the State Claims Agency to settle early, to provide for disclosure of medical and all other records and to work towards an early resolution. The Minister is obliged to work with other Ministers and other agencies to bring about pre-action protocols. This has not happened. It was suggested yesterday at a meeting of the Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach that if this section had been commenced, things might have been different. I am not saying definitively that they would have been different but they might have been different and a different approach might have been taken to these cases - from the State's perspective at any rate. We are good at empathy and rhetoric but very poor at seeing through what we have committed to in legislation. The Act was signed into law in December 2015. It is now May 2018. That key section dealing with how the State deals with people who have cases against it has not been commenced. Does that not go to the heart of the problem and cut across all the rhetoric we have heard in the past two weeks? We and the public need and are entitled to some explanation as to why that section has not been commenced. The programme for Government promised mandatory disclosure. That did not happen. I understand why people become sceptical about commitments that are made when the evidence is that the follow through leaves an awful lot to be desired even in respect of legislation passed by the Oireachtas.
Questions on Promised Legislation
I do not accept what the Deputy has said. This is part of a major reform of our civil liability law in respect of personal injuries. The Legal Services Regulation Act is coming into force on a progressive basis. The section to which the Deputy referred is Part 15 of that Act. I accept that it has not yet been commenced but it is one of a number of reforms that are being progressively rolled out. It will involve a major change in the manner in which these actions are dealt with. It will be incumbent upon the parties to sit down pre-action or pre-trial.
From speaking to the recently established authority that appointed a chief executive officer last year, my understanding is that the commencement order will be made prior to the summer recess. These new reforming protocols can take place at the earliest opportunity and this year.
The programme for Government contains a range of commitments to young people, their schools and their communities. The collapse of Carillion has had a negative effect on these commitments on two fronts. First, schools building projects awarded to the Carillion consortium face indefinite delay, despite some work being near completion. These are not the only projects stalled as a result of the company's collapse. Projects awarded to Sammon are also in jeopardy. In my constituency our local GAA club, Naomh Fionnbarra, was directly affected with subcontractors walking off site in January due to non-payment. There is less than two weeks' work left to complete with just a pitch to be laid - a pitch which is sitting in the subcontractor's warehouse - and minor fencing and lighting work to be completed. It was hoped that with Sammon, the main contractor, now in examinership a speedy resolution could be found. However, I learned yesterday that the Minister for Education and Skills has, in effect, fired Sammon and now intends to retender for this minor work, delaying its completion for at least another four months. That work would take literally days to complete. I ask the Taoiseach if the Minister for Education and Skills can reconsider this decision to retender and instead find a more reasonable, more proportionate and timelier solution.
One of these companies has gone into liquidation and the other has gone into examinership. My Department is working with all the interests involved to try to secure the quickest completion of those buildings possible. In some cases, we obviously need to sit down with the examiner to see if the latter can make a commitment to complete the work. The Department will take a decision based on the best interests of the school in dealing with the examiner and with the National Development Finance Agency, NDFA.
Carillion is involved through a public private partnership. Under the terms of that partnership, it is not the State that has the obligation to complete the works, it is the Dutch Investment Fund, DIF, the contracting party. It is for the latter to issue the tenders. It has made a call for tenders and has yet to make a decision. The State's financial position is protected. We have to work with the authorities in both cases - the examiner appointed by the courts or the remaining shareholder in Carillion - to try to secure the best interests for children. That is what we are doing.
We talked about reforming the law. I think there is consensus in the House on modernising our harassment laws, which have not been updated since the era of the text message. I refer to issues such as stalking, cyberbullying and revenge porn. I understand the Cabinet discussed the matter this week and has agreed to proceed with a Bill I introduced and which passed Second Stage last year. These matters are the cause of grave concern in the broader community, particularly in respect of young victims of cyberbullying, which is a really serious issue. How is it envisaged that this Bill will be progressed? Is it intended to go to committee speedily? My office has already been in touch with the Department of Justice and Equality and we would be delighted to facilitate the early passage of the Bill.
Deputy Howlin is quite correct. It is important legislation. My Department has been progressing matters in recent months. I acknowledge the importance and the assistance of the Deputy's Private Members' Bill - one of more than 20 Private Members' Bills on my desk in the Department.
Rather than engage in any action that might be seen to be doubling up, yesterday I recommended to my Government colleagues that we would accept the content of Deputy Howlin's Bill and use that as a platform for legislation. I would be very happy to engage directly with Deputy Howlin. I ask him to accept, perhaps, that his Bill is not perfect-----
Of course.
-----but it does amount to the basis for what will be an urgent and important change in legislation. I would be happy to engage bilaterally with the Deputy with a view towards advancing matters before the end of this term.
I want to raise the jailing of Irish families at the request of receiver Paul McCann of Grant Thornton. A mother was jailed on Friday last for alleged contempt of court for failing to surrender her family home. This is day six and she is refusing food. The receiver's actions came at the end of last week when, by agreement, the valuers for the vulture fund, Grant Thornton receivers and the owner were in discussions to resolve the issue. Late last Friday evening the High Court ordered the retention of the woman in the detention centre in Mountjoy Prison. This is day six and the woman is refusing food. She has two teenage children.
Promised legislation.
It is promised legislation about our banking system and our courts system. European law does not allow judges to jail citizens in this way. The Supreme Court in April of this year heard an appeal on this very issue, where the human rights organisations also joined in to highlight this unlawful behaviour of the State in the manner of how people are jailed at the request of banks, vulture funds and the Irish State. The decision of the Supreme Court is awaited. What is going on? In the meantime, this person is still in jail. She has two teenage daughters at home, being minded by family. Will the Taoiseach make a statement on the matter?
Is there promised legislation?
No legislation is promised.
There is current legislation. It should not be happening in our country.
It is not the practice, as I am sure the House will appreciate, to comment on individual cases, the facts of which are not particularly clear. I know that on the last occasion Deputy Mattie McGrath made a similar allegation, it turned out to be factually incorrect.
When was that?
I do not think it is either fair or reasonable to ask a Minister to comment on an individual case before the courts.
It is not incorrect; it is factual.
There are other ways of dealing with this. I call Deputy Eamon Ryan on behalf of the Green Party.
Like earlier speakers, I welcome the decision by Google and Facebook to restrict advertising. Each company is doing it a different way and, as the Taoiseach stated earlier, while it is too late, it is still welcome that it is being done. It is clear these companies are making these decisions because there is a legislative gap in that our electoral Acts do not set out in clear terms what the rules are around electronic and digital advertising in comparison to some of the other regulations we have put in place. On that basis, does the Government plan to introduce legislation which will set out what the rules could and should be? Will Fine Gael lead the way? I believe that, to date, the Government has refused to answer the question I asked a number of months ago as to what each party here spends on Facebook advertising, in a spirit of transparency and honesty regarding political advertising, of which we are all in support. Will the Government provide those figures and will it legislate to regulate online advertising in political elections and referendums?
I thank the Deputy. We had discussed this at a previous meeting of the Government in regard to what potential new changes have to be brought in to take into account new ways of advertising and of promoting oneself in public life in regard to elections and referendums. My Department and the Department of Communications, Climate Action and Environment, under the Minister, Deputy Naughten, are both responsible in this area. We are looking at what future changes may be needed in advance of another general election or referendum and that work continues between our two Departments.
Last year, the Minister for Education and Skills set up a working group to conduct a review into the GMIT Mayo campus. It produced its report in December of last year and, as part of that report, an external facilitator was supposed to be appointed to oversee the implementation of the recommendations and a head of campus was to be put in place. The head of campus position was advertised in February but that has now collapsed. We still have no head of campus and no external facilitator, and not one of the recommendations in that report has yet been implemented. When will the report be implemented, when we will have a head of campus and when will we have an external facilitator to oversee the implementation of that report?
I will have to get back to the Deputy to give her a report on that.
As we all know, the Road Traffic (Amendment) Bill is going through the Chamber at present. In the last couple of days, much ado has been made by the transport Minister and Minister of State of some public transport being put in place in rural parts of the country.
It is ridiculous to think that eight routes in Kerry are supposed to meet the needs of all the rural people who will be isolated in their homes following the passage of this Bill. For example, one route is to take people from Castlegregory to Clahane once a month to play a game of cards.
The Deputy cannot go into detail. We know what the issue is.
I want the Taoiseach to answer me honestly.
It is not funny.
Does the Taoiseach stand over a remark made by the Minister for Transport, Tourism and Sport that I am a road traffic terrorist like the rest of my gang?
I am not sure if Deputy Danny Healy-Rae welcomes it but I know his brother has not welcomed the scheme. He did, however, welcome it on Radio Kerry. He said even if there is one route in one part of Kerry he would welcome it once a week. Now in May he is not welcoming it.
It is a very positive initiative by the Minister, Deputy Ross. It is a pilot.
A pilot is right.
That is why there is one route in the month to explore the further roll-out of this initiative.
Even a pilot is not safe when he drinks.
It is a major step forward in terms of rolling out in rural Ireland-----
Given the condition of the roads he would probably need a pilot.
Pontius Pilate.
-----the type of transport services that are available in urban parts of Ireland.
Once a month is not a route.
It is a very progressive step. I welcome it and I look forward to the initiation of the pilot-----
Pontius Pilate.
-----and exploring how it is working and hope for its further roll-out around the country.
When the Bill has been pushed through there will be no more pilot. That is what it will mean. It is a shame to think that once a month there will be people going to play cards and that will be classified as a route. The Minister of State is letting down the people of Kerry and rural Ireland.
The Deputy is taking it out on the people of Kerry.
When he was a member of the transport committee he posed very hard questions to the Minister for Transport, Tourism and Sport but now that he is after getting a few bob and is a junior Minister he is standing behind him.
I will have to suspend the House. I expect more from the Minister of State.
The Deputy is the one letting them down.
Deputy Griffin will get the blame.
The Minister of State should be restraining himself.
I want the Deputy to have respect for the Chair not the individual and I want the same from the Minister of State. Several other Members want to ask questions and we are not going to play the Kerry game here. It will be played in Croke Park.
In fairness to the Ministers this-----
I am sorry but he rose me.
Sorry is too late. I want to remind Deputies-----
I think we should respect the Leas-Cheann Comhairle. I am sitting next to one of the most cerebral Members from Kerry, Deputy Brassil. He never causes any difficulty.
Whatever Kerry could be called it could not be cerebral.
The Chair cannot guarantee satisfactory answers. Deputies should remember that.
He cannot guarantee satisfactory questions either.
Is it the State's intention to commemorate the 60th anniversary of the Irish Defence Forces' involvement in United Nations, UN, peacekeeping missions this year? Our Defence Forces have been participating in UN-led missions since 1958. Will the anniversary be celebrated nationally this year?
I thank the Deputy for his brevity.
There are plans to mark 60 years of service by the Irish Defence Forces in peacekeeping operations around the world. I do not know the detail of them. It is a unique matter of great pride for Ireland that during those 60 years there was not one day on which a member of the Irish Defence Forces was not serving on a UN peacekeeping mission.
The Leas-Cheann Comhairle might have to call for peacekeepers to keep Deputy Healy-Rae happy.
That is a scandalous thing to say; it is disgraceful. He should respect the peacekeepers and what they do.
The Minister is a longstanding Member and knows he has to avoid attracting interruptions.
I call Deputy O'Keeffe who I know will abide by the rules.
An amendment to the nursing homes support scheme will allow the elderly to be cared for at home as long as they meet the fair deal criteria and costs are not excessive. In budget 2018 there was a promise of action in this area. What is the up to date story?
Is the Deputy querying the fair deal scheme or the home help scheme?
Fair deal.
I referred to an extension of the fair deal scheme.
That is not happening. A statutory home help scheme is being put in place. Consultation has concluded on that and a report is due in the next week or two. It is separate to the fair deal scheme, which will continue to be implemented as it is. We will have a separate scheme to put home help on a similar statutory footing as the fair deal scheme.
On a fair deal basis.
It will be similar to the fair deal scheme but it will not be connected to the fair deal scheme, which is a stand-alone scheme.
On pages 112 and 113 of A Programme for a Partnership Government, under the agriculture heading, the Government stated that farm families and rural communities must feel the effects of positive economic and social change. The reality is that many farm families are under serious financial pressure due to the fodder crisis. Some cannot pay many of their bills. The association of agricultural contractors claims that many farmers, due to the reduced cashflow, are unable to pay contractors for work carried out last year. Will the Government introduce a dedicated fund to help farmers pay outstanding debts as a result of this crisis?
While I have the floor, the Taoiseach did not answer Deputy Danny Healy-Rae's question. We were called road traffic terrorists.
Deputy Danny Healy-Rae is well able to defend himself.
Is the Taoiseach standing over what the Minister, Deputy Ross, called us last week?
I am sure Deputy Healy-Rae is well able to defend himself.
He did not get an answer.
The Deputy will find another opportunity-----
They all-----
I call the Minister for Agriculture, Food and the Marine, Deputy Creed, on agriculture.
The Deputy made reference to the crisis that occurred on some individual farms due to the prolonged period of bad weather and fodder shortages. The Department's response was appropriate and measured at all times, given what was a dynamic and changing situation. We have also introduced a widely availed of €150 million loan scheme at an interest rate of 2.59%. We are developing a further financial product accessible by and geared to the investment needs of farmers and fishermen. We also have to recognise the particular disadvantage of farmers eligible for the areas of natural constraint, ANC, scheme payments. We have provided an additional €25 million in 2018 for payments that will be targeted specifically at those who suffer the most disadvantage in respect of ANC classification.
I refer to new regulations on open disclosure announced by the Minister of Health, Deputy Harris. I have a copy of the letter the Taoiseach sent at the end of March thanking Mr. Tony O'Brien and his colleagues in the HSE for the work they did during Storm Emma. There is nothing wrong with that. At the bottom of the letter is a special handwritten note that the Taoiseach had sent to "Tony", thanking him for his work during a difficult period. He also stated he hoped that Mr. O'Brien would still be available to the public service after he retired from the HSE. It was signed "Leo". Is it still the Taoiseach's view that a chief executive officer who leaves his job in disgrace should be encouraged back into the public service?
Questions on promised legislation.
Does he think the women of Ireland would thank him for encouraging a man who is leaving his job-----
Go raibh maith agat.
-----in disgrace? Does the Taoiseach stand over that special handwritten note on his letter-----
We have got the gist.
-----and is that still his belief?
Does the Taoiseach wish to respond?
I stand over my letter and remarks thanking the HSE and indeed the head of the HSE for the work done during Storm Ophelia and Storm Emma. People in the health service from top to bottom and all the way across did an exemplary job. There are no proposals for Tony O'Brien to have any public service role after he retires from his current position.
We have already heard today about the announcements made by Facebook and Google and the regulation of posters and printed materials has been raised. Such materials are regulated under the Electoral Act 1992. However, 1992 is a long way from 2018 in political and Internet terms. That is why I introduced the Online Advertising and Social Media (Transparency) Bill 2017 into this House last November. I suggest that were that Bill in force now, we would not need all these voluntary announcements from the technology giants two weeks before a seminal vote.
That Bill is progressing, albeit slowly. I understand it has started the process of committee scrutiny and the Government is now coming onboard with the Bill, according to various recent announcements and media reports. That is welcome. I will engage constructively with the Government, as I am sure will the committee. I look forward to progressing it but will the Minister for Justice and Equality advise on the timetable for the next stage of that Bill?
On the Data Protection Bill 2018 that is currently before the House-----
No, the Online Advertising and Social Media (Transparency) Bill 2017.
-----the Deputy will be aware that there is an international EU deadline of 24 May. We are on target for that and I wish to acknowledge the co-operation of the House on this important reforming legislation.
The issue raised by Deputy Lawless is broader and I want to acknowledge his contribution, particularly his Private Members' Bill, in respect of it. An interdepartmental committee, chaired by the Minister for Communications, Climate Action and Environment, has met on a number of occasions. I have stated previously that the views of Deputy Lawless would be very welcome at that group. I understand that his Bill is currently before it. I welcome his interest in this issue, which is entirely constructive and helpful.
I brought forward a Private Members' motion on behalf of Fianna Fáil regarding the Government's response to the flooding in Donegal and the promises it made to the effect that it would provide flood relief measures, particularly to the town of Burnfoot. The Minister of State at the Department of Public Expenditure and Reform, Deputy Boxer Moran, commented that following on from the catchment flood risk assessment management, CFRAM, report, funding would be available to deal with flood management issues in Burnfoot. Will the Taoiseach intervene and ensure that funding is forthcoming? In the aftermath of the CFRAM report, no funding has been allocated to Burnfoot. For the residents of those estates who lost their homes, which are still boarded up, and also for the businesses that were flooded and whose owners are living in fear that the same might happen again, it is absolutely crucial that flood relief measures are delivered for the village.
Work by the OPW on Burnfoot is ongoing. It is hoped that we can make a decision on that in the near future. Just last week, Minister of State Moran and I announced almost €250 million of investment in flood relief works over the next three years, covering 118 projects. Burnfoot is not one of those projects but it can be added to the list. I understand the work is still ongoing.
My question is for the Minister for Education and Skills and it relates to the survivors of historical child sex abuse at Creagh Lane national school in Limerick and other schools. These people have been denied compensation in respect of the awful abuse inflicted on them by their teacher, who has been convicted in court, due to the prior complaint requirement imposed by this Government's interpretation, or misinterpretation, of the Louise O'Keeffe judgment. Will the Government now drop that unfair requirement and allow these people to access compensation for the awful abuse they suffered while attending these schools?
In the Louise O'Keeffe case, the legal advice to the Government was that prior notice is required. We have set up an ex gratia payment scheme under which a number of applications have been made. Some have been paid out but we have also made provision for an appeal mechanism. Mr. Justice O'Neill is receiving those appeals and will be scrutinising them. Among those appeals are some of the issues raised by the Deputy as to the legal basis of the case being made by Government.
I apologise to An Leas Cheann-Comhairle for the roaring and shouting of my colleagues from Kerry. I can assure him that it is not the way all-----
I will deal with that issue in my own good time.
-----Kerry Deputies behave. In the case of the Minister of State at the Department of Transport, Tourism and Sport, Deputy Griffin, it was a most uncharacteristic outburst.
The Minister of State has apologised.
In the case of Deputy Danny Healy-Rae, what else would we expect?
I missed that.
Under the programme for Government and the promise to-----
The clock is ticking. The Deputy should use his time.
-----improve the healthcare available to our citizens, can I ask the Taoiseach, and perhaps the Minister for Health, if there are any plans to remove the in loco parentis clause for parents receiving private home care packages? This clause is causing great hardship and is unworkable.
I thank Deputy Brassil for the calm manner in which he raises issues. This is an important matter and it is causing concern for many parents. The Minister of State, Deputy Finian McGrath, is engaging with the HSE on this matter and I will ask him to provide the Deputy with an update directly.
On the answer to the Kerry problem here, perhaps a special hour every week for the Kerry Members on their own would answer the problem.
On page 105 of the programme for Government there is a commitment to ensuring that "every young person is enabled to reach their full potential". Juvenile arthritis is holding back up to 1,500 young Irish people from leading full and vibrant lives. I understand that the World Health Organization recommends six rheumatologists for a population of 4.7 million but in Ireland, we only have two. The Irish Children's Arthritis Network is a volunteer charity supporting children who are living with juvenile idiopathic arthritis and their families in Ireland. The charity informs me there were 793 children waiting to see a consultant rheumatologist as 2017 drew to a close. It also revealed that the national average waiting time in 2014 was 125 days, which had increased by 2016 to 169 days. I understand that some children have had to wait for up to three years for service. By international averages we should have six rheumatologists for 4.7 million, but we only have two. We should have at least six.
There are currently two consultant rheumatologists who care for children with juvenile chronic arthritis, rheumatoid arthritis and similar conditions. They have been relieved of their duties to look after adult patients in order that they can now concentrate full-time on paediatric patients. The Deputy is quite correct. The international guidelines suggest that we should have six full-time consultant paediatric rheumatologists. We now only have two. It is intended as part of the HSE service plan for next year to approve the appointment of a third and then move on from there. We will not get four in a year, unfortunately.
All in this House will agree that Ireland has a housing problem. Many constituents call to my constituency office to complain that they cannot get planning permission to build their dream house because of local needs. If one looks at the advertising in newspapers, the first thing one sees is "subject to planing permission" and then the dreaded words "local needs". I do not think it is fair to stop people living in the countryside. People nowadays will commute to the nearby towns and cities. I live in County Louth, where a home house has to be within a certain radius of the site. In my neighbouring county, County Monaghan, they cannot wait to get people to come and live in the countryside. My questions to the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, are whether we can get rid of local needs provisions and whether we are breaking European law by using the words "local needs".
I thank the Deputy for the question. I have no role in individual planning decisions made by local authorities. In Project Ireland 2040, we have signalled some new aspirations for the country concerning where and how we build our houses. There have been some changes and some comments at the European level that are being reflected upon by the Department at the moment but until such time as those new guidelines come into place, the current guidelines are the law.
Last week I visited Sligo University Hospital. While there, the manager told me about the recruitment of senior staff. It is an issue all over the country. It can take up to nine months for public hospitals because of the recruitment process and the various stages they have to go through with the HSE, whereas a voluntary hospital can carry out exactly the same recruitment of a senior consultant in nine weeks. There is a serious problem here. I was told of a case where a similar post was advertised by a public hospital and by a voluntary hospital. The voluntary hospital had the staff member in place in just over two months, whereas the public hospital took almost a year to do the same. The problem was not that the staff were not available, it was the process and the length of time it takes. Can the Minister for Health look at that and come up with a solution, so that when we have staff shortages in our hospitals we can actually fill them quickly?
I thank Deputy Martin Kenny. I will indeed take a look at it. The HSE is already looking at how it can streamline its recruitment process. It is worth saying, however, that despite the recruitment challenges, we have more doctors and nurses working in the health services this year than last year and had more last year than the year before. We are always looking at ways to further streamline the process.
My question relates to promised legislation concerning the high costs of motor insurance. While I welcome that there has been a decrease of approximately 20% according to the Central Statistics Office, I seek the current position regarding the legislation on the national claims information database. What point has that process reached? When do we expect to complete it, that is, as much as possible in order to put the pressure back on the industry stakeholders to solve this problem?
The cost of insurance working group has been working pretty hard on this. The Office of the Parliamentary Counsel is drafting the legislation at present and we hope and expect that the Bill will be published before the end of this session.