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Dáil Éireann debate -
Wednesday, 19 Sep 2018

Vol. 972 No. 2

Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

I commenced Leaders' Questions this morning by expressing our good wishes to those involved in the response to Storm Ali. However, conditions seem to be worsening and the level of preparedness does not seem to be as effective as it was in the case of similar storms in the past. The Minister's Department has just announced that 11 of its offices have closed, while a considerable number of trees are down and there are difficulties with transmitters. Did the emergency co-ordination committee meet in advance of this storm? The committee did superb work last winter. I ask the Government to ensure the level of relative unpreparedness for this storm will not be repeated this winter.

I rarely disagree with the Deputy, but I must do so this morning. There was adequate planning to ensure a level of preparedness for this morning's storm. The national director for fire and emergency management has been monitoring the situation which is evolving and met daily with Met Éireann in the past week. I closed offices to protect the safety of departmental staff and the clients and customers who use the offices and ensure such persons would not have to go outside unnecessarily. The National Ploughing Championships were cancelled to protect the tens of thousands of expected attendees who would have exposed themselves to an orange or yellow warning event. Preparations have been made. Weather warnings have been issued in recent days. The security forces, local authority staff and ESB personnel are out in numbers this morning, looking after the 140,000 people who are without electricity and clearing the roads of branches and trees damaged overnight. We can only do what we are doing, which is responding to something for which we prepared in recent days. The yellow and orange warnings will remain in place until this evening.

On page 134 of the programme for Government it is promised to deliver a decent public transport system, which is essential in the everyday lives of many citizens and in reducing social isolation. I heard the Minister earlier respond to and dismiss the concerns of my constituency colleague about the Government's flagship project, BusConnects. I ask that the valid concerns about the bus route changes not be dismissed. The changes would increase social exclusion in some parts of Dublin such as in areas with a high concentration of elderly and disabled persons or persons on low incomes. If the plan is allowed to go ahead, there will be an increase in the levels of social exclusion.

Does the Minister expect that legislation will have to be introduced to change the public service obligation Dublin Bus, the National Transport Authority, NTA, and the Government have with respect to public transport systems in this city?

I am surprised the Deputy heard me dissing people's concerns this morning because on a number of occasions I have welcomed, and I do so again now, people's comments on the flagship changes being proposed by the NTA. We welcome them because there is no monopoly on wisdom, not in the Department of Transport, Tourism and Sport, in my Department or on any benches in this House. The reason we have public consultation is to improve the plan or entirely change it to suit the people's needs because public service is what it is about in terms of improving the efficiency and capacity of that public service to serve the public. The reason we are having public consultation and meetings the length and breadth of the city, and in parts of my county that are serviced by this particular public transport system, is to listen to and heed concerns, objections and positive comments about the changes being proposed.

I begin by expressing my concern and sharing the concerns expressed by other Members about all those who have been adversely affected by the current storm conditions. Hopefully, we will have no more fatalities later in the day.

I ask specifically about a programme for Government commitment to have local authorities monitor and benchmark the new vacant site levy legislated for by the previous Government. The Minister for Finance, Deputy Paschal Donohoe, stated recently that he is not in favour of taxing vacant property. He is reported to be considering instead a tax break as a positive incentive, specifically a reduction in capital gains tax from 33% to 15%. Such a proposal narrows the tax base and makes the entire taxation system more fragile. It is the path to ruin and destruction that was followed by Fianna Fáil previously and it is not one we should follow now. Will there be an increase in the vacant site levy or is the levy to be abandoned in favour of a tax break for property owners?

On the planning site levy, the planning Act passed in July makes allowance for an increase in the levy from 3% to 7% in its second year. Of the 260 sites on the register, the levy will be due for 180 in 2019.

Starting in January 2019, the levy will be due for payment in respect of 180 of the 260 sites on the register. The second rate then kicks in in 2020 under the legislation passed in July.

Half a million young people are locked out of the housing market. They cannot afford to buy and they cannot afford to rent. They are the locked-out generation. Yesterday, Fr. Peter McVerry said that emergency situations require emergency action. He gave his support to the Take Back the City campaign, which is being supported by many of those young people. It is well established and I believe will go national this Saturday, something which Solidarity supports. Yesterday, the Minister of State, Deputy English, described the campaign as a disgrace. I put it to him that the real disgrace is the inaction on the part of the Minister of State and his Government. What legislation of an emergency character does he propose to introduce to get to grips with this issue? Is it to be more tax breaks for landlords or serious vacant site levies, compulsory purchase orders and the type of measures that are necessary to allow the State to take over private property and provide the housing people need in this emergency?

A range of initiatives have been announced to try to tackle vacancy and housing supply, some of which have been a great success. The House supported the action plan for housing for which €6 billion has been provided. Included in the plan are legislative updates to tackle this issue. I described taking over someone's house as a disgrace because it is unnecessary and not part of our plans. We have the compulsory purchase order, CPO, legislation. Some authorities choose to use it, while others do not. The reasons behind every individual case are complicated in terms of the houses we are talking about.

The buildings have been vacant for years.

Half a million homeless persons.

On behalf of the Rural Independent Group, I, too, want to be associated with the support for those who provide our front-line services and are out working today. I appeal to people leaving the National Ploughing Championships to be careful and those at home to remain indoors.

At the end of July, I submitted a written question to the Minister for Agriculture, Food and the Marine, Deputy Creed, on the severe fodder crisis we have in the south east, especially east Cork, south Tipperary, east Waterford and on into Kilkenny and Carlow. It might not be as severe in some other areas. Much of the fodder saved in the first cut has been used. The Minister told me then he would do a fodder count in September. We knew at that time there was nothing growing. We came from severe weather conditions, including snow, in the spring straight into a drought, which has persisted, and the crops have been very poor. What measures is the Minister taking or will he take to try to import feedstuff from abroad? The drought was particularly severe in Spain, England, France and other countries from where we normally can get fodder. It is too late now to be in a fodder crisis. We could see it disappearing at that time in July. What action will the Government take in this matter?

I thank the Deputy. This gives me an opportunity to say that a €4.25 million fodder import support measure covering fodder imported from 12 August to 31 December has been allocated for this year. A representative group chaired by Teagasc co-ordinating advisory messages, including a dedicated helpline, has been set up for farmers to support them so that they can be engaged with the services they need. A national fodder survey was carried out by Teagasc, although the Deputy may not be aware of it. The Minister met the main banks to highlight the need for them to step up and assist farmers over and above the €4.25 million allocated by the State.

The banks will not give anyone hay, or money.

This autumn, higher Common Agricultural Policy, CAP, payments will provide for €260 million in additional cashflow for farmers. In addition, flexibilities for participants under the green low-carbon, agri-environment scheme, GLAS, will bring a potential additional 270,000 ha into fodder production.

B'fhéidir go mbeidh an tAire Stáit McHugh in ann beagáinín solais a dhíriú ar an mBille nua atá beartaithe ó thaobh Acht na dTeangacha Oifigiúla. Cén uair a thiocfaidh sé os comhair na Dála?

Bhí cinneadh déanta an tseachtain seo agus beidh an Bille seo fógartha i gceann tamaill. Rinneadh cinneadh timpeall an Bhord Rialtais an tseachtain seo maidir leis an mBille a fhoilsiú. Tá sé ar an sceideal do Mhí na Nollag agus idir seo agus an Nollaig tá mé sásta go mbeidh sé socraithe agus réidh roimh an am sin.

Page 67 of the programme for Government deals with youth mental health. In 2017, the national youth mental health task force reported, the only mental health initiative from this Government specifically for young people. However, it has been left to rot on the shelf due to infighting between Departments. The Minister with responsibility for mental health has blamed the Minister for Finance, Deputy Paschal Donohoe, who is failing to fund Pathfinder, the interdepartmental team charged with implementing the report. The Minister, Deputy Paschal Donohoe, has refused to answer questions on the matter and is effectively washing his hands of it.

Mental health services for young people are in crisis. In Cork, children are being sent to emergency departments. There are now almost 3,000 children on waiting lists and child psychiatrists are resigning because of poor working conditions. When will the Government take child mental health services seriously, and when will it fund Pathfinder and the national youth mental health task force?

I thank the Deputy for his questions. The Government is taking the report very seriously. We have a number of different initiatives, which it will take too long to deal with now. Specifically, however, the Deputy is mixing up Pathfinder and the youth mental health task force. The latter is not dependent on Pathfinder, a revolutionary project for the State aimed at breaking down the silo-like mentality that has existed between different Departments heretofore. I regret, and I am on record in this regard, that this has not yet come to pass and we are still waiting for the Departments of Finance and Public Expenditure and Reform to approve the Pathfinder project.

The recommendations contained in the youth mental health task force are being rolled out. As the Deputy is aware, this year alone we have recruited 116 assistant psychologists and 20 psychologists specifically for youth mental health, and ten advanced nurse practitioners to assist consultants where there are vacancies. The Deputy is aware I had a conference on Monday where I brought in all the digital online platforms and experts in telepsychiatry and telepsychology because I cannot make two consultant psychiatrists out of one where only one exists. That is something beyond the capacity of this Government and that of governments across the world. The Deputy is well aware that I am looking at new and innovative ways of dealing with those challenges and I intend to address them head on.

The issue I raise was raised previously on Leaders' Questions and the Order of Business. I am simply asking for an update. It concerns an alleged incident of large-scale child sex abuse in Limerick and the decision by the Ministers for Children and Youth Affairs and Justice and Equality to establish a serious incident review to examine the management of the case and the inter-agency co-operation and activity surrounding it.

A three-person panel was appointed to carry out this serious incident review, to be chaired by the special rapporteur on child protection, Dr. Geoffrey Shannon. There was an issue in respect of the terms of reference; we were told they were being drafted and were to go to the Attorney General and the Cabinet for sign-off. The review was then to happen with a report to Government and possible publication. I am asking for an update on that. Have the terms of reference been finalised? Is the review under way? Has it been completed? What is its exact status? I appreciate that the Minister might not be able to answer my questions here and now but would be grateful if she could arrange for an update.

I will not even attempt to answer the Deputy's questions but will commit to come back to him before close of business today.

The programme for Government includes a commitment to introduce CCTV systems in key locations nationwide. The community CCTV scheme was launched with great fanfare and excitement on the part of the joint policing committees, JPCs, and communities at large. I have in front of me a letter from Cavan County Council, whose members passed a resolution last Monday asking that the Minister for Justice and Equality reform this relatively new scheme. Although the Government allocated more than €1 million to the scheme to be spent over three years, I believe only four applications have been successful, at a cost of €120,000. JPCs across the country, including those I know locally in Cavan and Monaghan, are completely frustrated with the issue of data protection and the question as to who is ultimately responsible for it. The scheme is devised for communities yet the application process is tedious, lengthy, complex and certainly not easy for communities to engage with. The situation will not improve until there is a clear pathway given as to who is responsible for holding the data. That has to come from the Minister for Justice and Equality and his Department. That is where the frustration lies and we see nothing happening on the ground at the moment. Will the Minister, Deputy Regina Doherty, ask the Minister for Justice and Equality to give clear direction as to who is responsible for the data?

I thank the Deputy for acknowledging that the scheme was launched and €1 million allocated to it. As representatives of rural communities, she and I both know it is desperately needed, particularly in areas where we do not have Garda stations. I can only speak for my own neck of the woods, as Deputy Smyth can for her county. In my experience, some of the initial difficulties were around privacy issues. When we got over those issues with the county council, a secondary issue arose as to who was the data holder. With the advent of the new GDPR legislation that came from Europe this year, under which we are all probably still floundering as to exactly what responsibilities we have, the issue needs to be teased through by the Department to make sure we get an accurate reflection. Unfortunately, that will delay things somewhat. I would be loath for anybody to think they had the answer to this without it having been checked out by the Data Protection Commission, with which the Department of Justice and Equality is liaising at the moment. In the interim, I will try to find out how soon a response is expected so at least we will all know where we stand.

I have said in the House a number of times that there is a very serious public safety issue with the use of rickshaws as a form of public transport in Dublin and elsewhere. I have also asked for their regulation and at one point the Minister for Transport, Tourism and Sport, Deputy Ross, even suggested their possible prohibition. He has since indicated that he has received legal advice from the Attorney General to the effect that there would be a difficulty with prohibiting rickshaws, but he is open to regulating their use and will introduce an amendment to the Taxi Regulation Act 2013 to do so. When will the relevant legislation come forward? Is it possible to share the legal advice given to the Minister for Transport, Tourism and Sport regarding the proposed prohibition of rickshaws?

I cannot answer that question because, as the Deputy is well aware, the Attorney General gives advice to Cabinet which is not shared. The Deputy will have to take the Minister's word on the matter on this occasion. The Minister is prepared to do the regulations and they will be prepared for inclusion in the Bill. While the legislation is not on the priority list, it is on the programme list. I suggest it will probably be coming up in the next couple of months.

The Commission for Regulation of Utilities was established under the programme for Government and the confidence and supply arrangement. To date, the whole issue of Irish Water's connection charging policy has not been agreed. I am sure that, as Meath Deputies, the Minister, Deputy Regina Doherty, and Minister of State, Deputy Damien English, will be acutely aware that Irish Water is charging what it likes for water and sewerage services. I would describe the charges as exorbitant, extortionate and punitive. I have one example from the Ministers' county whereby a family built a home for a severely disabled 26 year old daughter and, having paid the levies we all know about to the local authority, subsequently got a bill for €18,200 for water and sewerage connections within 3 m and 6 m of their property. That is just one example of what is going on. It is water charges by the back door. What steps are being taken to ensure the framework that was agreed, whereby there would be a standard charge, is adhered to? In this case, the figure was subsequently reduced by Irish Water, when it was approached, to something in the order of €10,500. This is still €3,500 more than what the local authority was charging in 2014. The issue must be tackled.

In line with the direction from the regulator, the charges should be the same and should certainly be in line with what the local authorities were charging previously. We can get that checked out. In August, the Commission for Regulation of Utilities provided an updated note on this matter. The report to align all the charges, which was due around now, has been slightly delayed. It should be back with the regulator in quarter 3 of 2018. It will be published then for further brief public consultation and should be completed before the end of 2018. There will then be a standard system of connection policies throughout the country.

My question is for the Minister for Health. Given the decision last night to allow Waterford University Hospital to develop a second fixed cardio catheterisation lab - a decision taken outside of the national review of specialist services - I have been lobbying for the Minister to explain why the people of Sligo and the north west continue to have to wait for access to primary percutaneous coronary intervention, PCI, care. There is a huge area in the north west that is not serviced by a catheterisation lab. When I heard my colleague, Senator Paudie Coffey, announcing a second one for Waterford last night, I felt it was vitally important that I lobby on this issue this morning. I request that the issue be brought to the attention of the Minister for Health.

I thank the Deputy. I will convey the issue he raises directly to the Minister and get an update for him. I appreciate the Deputy's concern on the matter. It is a very reasonable request.

The report of the Commission on the Future of Policing in Ireland was published yesterday and, along with the appointment of a new Garda Commissioner, we hope that it will herald a new dawn for policing in Ireland. However, the Garda needs resources, as the Minister well knows, and gardaí are still forced to work in substandard conditions, nowhere more so than in County Meath. The hovel in which more than 100 gardaí in Navan are expected to work, which the Minister of State, Deputy English, knows as well, is highlighted on the front page of the Meath Chronicle this morning by none other than Superintendent Mick Devine who makes reference to "medieval working conditions". Both he and Chief Superintendent Fergus Healy are prepared to go public and call this out. I support them and I have pointed out that criminals held in the multimillion euro Garda station in Wexford have better conditions than gardaí across all the stations in County Meath. Will the Minister back the call of Chief Superintendent Fergus Healy, Superintendent Mick Devine and all of the Garda management in County Meath for a new divisional headquarters for the county?

In a previous response to me, the Minister for Justice and Equality said there is a divisional headquarters in County Meath. The Minister, Deputy Regina Doherty, and Minister of State, Deputy English, both know there is none. How, when the chief superintendent says we need a divisional headquarters in Meath, can the Minister for Justice and Equality say we have one?

I think Deputy Cassells and I might be at cross-purposes.

It is easy for me to back the calls made by both Fergus Healy and Mick Devine because we need a new divisional headquarters in County Meath. We do actually have one but it is nowhere close to being up to scratch for what is expected for the delivery of An Garda Síochána services. The Deputy is aware that a number of sites are being evaluated. A substantial amount of money will need to be allocated to develop those sites or redevelop others. I expect an announcement to be made in the near future. We are all well aware of what we need to give An Garda Síochána in County Meath to enable it to do an effective job.

As of 5 September 2018, when the school year was recommenced in most schools, 10,470 people were waiting on a decision on their application for the back to school clothing and footwear allowance. Over the summer, people waiting on a decision had been unable to talk to anyone within the Department regarding the status of their application because all the phone lines were down. The Minister blamed these delays on huge volumes of applications. I find it bizarre that she thinks this is unexpected. The Department and the Minister are aware of the huge volume of applications annually. Many families in serious financial difficulty have had to start the school year having had to visit loan sharks in many cases to secure funding to put their children through school. Can we get an update as to where those applications are and what went on within the Department? An apology is due to those 10,470 people who submitted applications with no decisions yet made.

The Deputy might not be aware but what happened this year is exactly the same as that which happened last year and previous years. It is no different-----

Well, that is even worse.

It would be great if the Deputy would let me speak. He has a terrible habit of interrupting. If he asks me a question, I will give him an answer. If he wants to come back in, that is fine. The scheme opens in July. A total of 140,000 families were automatically included in July. They did not even have to make an application because we know exactly who the people we support in the main are. They represented 273,000 individual children who were supported automatically by the State. The scheme does not close until the end of September and this is the same every year. The fact that people are still making applications on 1 September is no surprise because up until the end of September, we were receiving 500 new applications every day. People make their applications at different times for different reasons. It is not for us to prescribe and close the scheme in August to make sure all payments are made by 1 September. People manage their money in different ways but every single person who has made an application and is entitled to the scheme support will get their payment before the close of the scheme at the end of September.

The Blackwater flows through Fermoy in County Cork. I raised this issue on various occasions in the Dáil with various Ministers, including the Minister of State, Deputy Stanton. The Minister may be aware that we have a major issue regarding Fermoy Weir, which incorporates a fish pass and mill race. The Office of Public Works, OPW, has washed its hands of the issue. There has been tremendous flood relief work. The OPW does not acknowledge that it may have exacerbated a problem, namely, the disintegration of the structure of Fermoy Weir. It even acknowledges in correspondence to me that when it was carrying out the Fermoy flood relief works, it was prepared, in co-operation with Fermoy Town Council, to undertake works but there has been a breakdown in the agreement. Cork County Council is now the owner of Fermoy Weir following the abolition of town councils. The bill for the proposed refurbishment and repair works is estimated at €1 million. Cork County Council is prepared to make a submission but my concern is whether the Government would underwrite the cost on the basis of a proper submission. I ask for the Minister's support on that.

I am not up to speed on the operations referred to by the Deputy. There are a number of moving parts and different State agencies involved in this. I will come back to the Deputy today with an update regarding the position and an answer to his question.

I have a question the Minister can answer. It concerns the carer's allowance and the fact that it is taking four months to reach decisions. I respectfully suggest that more staff be hired to work in that section. A family member who is quitting work to take care of a person who needs care must survive for four months with no income. This is unfair. I respect the people working in the carers section very much because I deal with them daily, as do the people in my office. The people working in the carers section are excellent and do great work, and I cannot compliment them enough, but they are obviously under an awful lot of pressure if it takes four months to reach a decision. It is very reasonable to ask the Minister, because she is the Minister with responsibility for this, what she is going to say to the people listening to the argument that it should not take four months to process their applications. What can the Minister do about that?

The Deputy is dead right. This is my responsibility and I can answer the question. The target we set for carer's allowance applications from beginning to end is 15 weeks. We are turning around applications in 14 weeks. There are a number of reasons for the length of time it takes, mostly because of medical complications, the complexities of the application and how it must be reviewed by our medical practitioners and team of assessors. Nobody has to wait four months if they are in need of a payment because every Intreo office has an exceptional needs officer to look after people in time of need. If anybody is at risk of poverty or of being unable to look after themselves on a weekly basis arising from caring for a loved one, all they have to do is contact us and we will look after them, as is our job.

A number of years ago, a commitment was given to build a psychiatric unit on the campus of Sligo University Hospital. The situation at St Columba's Hospital is totally unsuitable. We all know the mental health difficulties facing young people. I understand that this project was advertised and tendered for. As far as I was aware, it was ready to start in the next month or six weeks. I now gather that there is some delay. We all know how the tender process works and the length of time it can take. If this project does not go ahead now, it will probably have to be re-tendered for, which could set it back a year. I am asking the Minister to have a look at this so that this project would move ahead. This project is crucial for the north west.

I understand that the contract was signed yesterday but I will clarify that in writing to alleviate any concerns.

We now move to the Climate Action and Low Carbon Development (Emissions Targets) 2018 - First Stage. Is there anybody here to move this legislation? This is the second day in succession that legislation was on the agenda with nobody here to move it. We will now pass on to the Thirty-Seventh Amendment Of The Constitution (Economic, Social And Cultural Rights) Bill 2018 - First Stage.

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