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Dáil Éireann debate -
Thursday, 20 Sep 2018

Vol. 972 No. 3

Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

One minute is allowed per question and only 15 minutes is allocated for this business today.

On Tuesday we had the launch of the report on the Commission on the Future of Policing in Ireland with the usual razzmatazz that this Government does for every launch. It is a very detailed report and I thank Kathleen O'Toole and her team for the work they have done. A specific recommendation of the report relates to the formation of a strategic threat analysis centre that would respond directly to the Taoiseach. Can the Tánaiste confirm that the Government is accepting that specific recommendation? Second, can he confirm that implementation of the report will begin in 2019? When does the Government intend to place an implementation plan and an aligned budget before the House?

I also take the opportunity to thank Kathleen O'Toole who has done an extraordinarily good job. What the Government has done to date is simply to note the report because there are many recommendations in it. The Minister, Deputy Flanagan, is consulting with other political parties and other stakeholders on an implementation plan which he has committed to bring to Government within three months. We will move on now from simply noting a report to putting an implementation plan in place to make sure the benefits of that report are factored into Government policy and action. We will have an implementation plan ready and brought before Government within three months.

In December the Taoiseach announced to us all that he claimed he had a cast iron guarantee in terms of Brexit, the so-called backstop. The EU has twice attempted to put a legally enforceable backstop in place with deadlines for such an agreement. However, the British Government and the British Prime Minister binned the lastest approach from the EU. It is reported that she objected on the basis that no one had the right to impose a border through any nation. I hope the Taoiseach reminded her when he met her this morning of Britain's role in Ireland. We heard from David Lidington earlier who has now doubled down on Theresa May's rejection of the EU's approach and the British Government has again busted through the October deadline. Is the Tánaiste still convinced that the December guarantee is cast iron? Is he still convinced that we will have a legally enforceable backstop?

Yes, I am is the answer to both of those questions. We are at the business end of these negotiations and this is difficult, and it was always going to be difficult. The complexity of Britain leaving the European Union and of getting the complexity of a withdrawal treaty finalised, in terms of legal text that provides absolute certainty and that will stand to legal scrutiny and so on, was always going to be very difficult. That withdrawal treaty is close to 90% complete. A great deal of good work has been done by both negotiating teams to move that process forward.

What is not complete is the most difficult final 10%, which involves Ireland. It involves the backstop and the Border issues. The Taoiseach and I have been absolutely clear that we will never sign up to a withdrawal treaty that does not involve a follow-through on the commitments of last December and last March from the British Government. This means a legally operable backstop in place as part of the legal text in what is called the Irish protocol of the withdrawal treaty that lives up to the political commitment of last December, which is to provide guarantees that there will be no Border infrastructure on the island of Ireland in the future as an unintended consequence of Brexit. To her credit, I believe that the British Prime Minister is committed to following through on those commitments. The two negotiation teams now need to intensify their engagement on the detail of how to do that in a way that Britain can accept and in a way that delivers on the promises that have been made.

The introduction of a new entrant pay scale from 1 January 2011 resulted in a two-tier pay system in the public service, which now affects some 60,500 public servants. They are not paid equally for their work and, as we heard yesterday, it is having an impact on recruitment in a variety of areas. Since the publication of the Irish Government Economic and Evaluation Service's costings, there has been engagement with the trade unions on this matter.

Is the Government's intention to have this matter resolved in advance of the budget, as was promised? Will the Tánaiste give the House an update on exactly what the situation is?

The only update I can give to the Deputy is that there are ongoing consultations between the Minister's Department and trade unions. I do not have an exact date.

Will it be concluded in advance of the budget, as was committed?

I will have to come back to the Deputy on this, but I would be surprised if the Minister had committed to that. I would be surprised if that was the case but I will need to confirm it.

In July, the Review of the Gender Recognition Act 2015 was published. The report made very important recommendations that, if delivered, would mean people under the age of 16 would be able to have recognition of their gender identity and recognition for those people who are non-binary and intersex. These are important proposals. I note the fact there is no mention of a gender recognition (amendment) Bill in the Government's legislative programme. Will the Tánaiste update the House on the position in this regard?

I will come back to the Deputy on this. I understand that the Government is happy to progress the issue. It has been debated a number of times in the House and the Taoiseach has answered questions from the Deputy on the issue. We are serious about doing it, but I will have to come back to the Deputy on the timing of the legislation.

With regard to the restoration of town councils, there is a huge disconnect between local government and national government. Only yesterday I received a response from the Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, to a parliamentary question about the areas where a county manager or chief executive officer could change reserved functions to executive functions. The reply was very clear that the county manager or CEO could not do that. This, however, is exactly what happened at a meeting in Clonmel last night when the county manager acted outside his powers in relation to St. Patrick's Cemetery. Some 5,000 people objected to and protested the restriction of access for sick, elderly and vulnerable people, many of whom are relatives of suicide victims. The managers seem to be doing what they like. The Government is calling councils out and blaming them for the housing crisis but there is a huge disconnect.

Will the Tánaiste ask the Minister, Deputy Murphy to investigate this and contact Tipperary County Council to ensure it acts within the legislation and that it does not strip away totally the powers of the elected members? The council executive has many powers as it is, but in this instance it is overstepping the mark and ignoring the legislation, which only yesterday was issued to me by way of a reply to a parliamentary question.

I advise the Deputy to correspond with the Minister, Deputy Eoghan Murphy, on this matter. If it is an issue, I am sure he will look at it.

What does the Government intend to do about the large numbers of children who are waiting for an assessment of need? Under the Disability Act 2005, these children have a legal right to be seen within three months and for their assessment to be completed within six months. What is the Government going to do? Some 40% of the children who are waiting are in Kerry and from our own County Cork, so I would like to know the Tánaiste's thoughts on this please.

I cannot go into a detailed response on that matter under the Order of Business, but I agree there is a need for action. The Minister of State, Deputy Jim Daly, and others are ensuring that this is a priority with regard to recruitment and resources and around policy change in this area. The current waiting lists and waiting times are too long, and this is why we will prioritise it.

Heating oil prices have gone up by 29% - almost one third - in the past 12 months. It will cost householders an extra €160 for each fill of a 1,000 litre tank. It is recognised that it takes two fills to heat a home for one year, so this is an increase of €320. Ireland's heating oil costs are four times more expensive than in the North of Ireland due to higher levies, taxes and carbon tax. Petrol prices here are up 11% and diesel is up by 14%. The Government has room for manoeuvre in this. We know that the price of a barrel of oil has increased, but in line with this increase the Government's take in taxes, levies and carbon tax has also increased. I ask that the Government forgoes some of that increase in the budget to give poorer people a chance to heat themselves. On top of this the Government is trying to stop people from cutting turf. Does the Government want people to perish with the cold?

The Deputy has gone off topic. I ask the Tánaiste if there is any legislation in this area.

There are more sustainable ways to heat homes than burning oil. There are Government grants available to help people do that, especially for solar panels and so on.

You would send them all to hell or to Connacht.

I am sure the Deputy would appreciate the climate benefits of that kind of switch.

Poor people-----

Deputy Michael Collins, please.

Rural-proofing of all Government policies was promised in the programme for Government. It was our understanding that rural-proofing was meant to be a commitment by this Government to review and examine all Government policies to ensure that they do not disadvantage rural areas. The Tánaiste has misled the people, especially those living in rural Ireland. In the past two weeks I have attended the closure of Lissgriffin national school in Goleen and I attended the closure of the Ballineen post office. Hickey's foodstore in Kilbrittain has closed and Lordan's butchers in Ballinspittle has closed. Rural Ireland is haemorrhaging badly and the Government is aiding, abetting and assisting instead of stepping in. In recent days Axa insurance customers in west Cork received letters telling them they are closing the branch in Bantry. One customer in Castletownbere was told that if he needed to call to another branch, he could go to the Midleton branch, which is nearly two and a half hours away. This has to stop. With the Government closing 159 post offices, where is the rural-proofing working here?

The Tánaiste on rural-proofing.

First, the Government is not closing any post offices.

Of course it is, for God's sake.

There is an agreement between management-----

Yes, we have had a lot of them in here, and the HSE.

-----and unions in An Post. There is no compulsory closure of any post office. It is a decision for postmasters to make in consultation with An Post.

It was a rotten deal.

There are guarantees relating to proximity to post offices that are also being implemented by An Post. I assure the Deputy that this is a Government that prioritises rural Ireland, and as someone who has lived in rural Ireland for a lot of my life-----

You drive through it.

-----I am well aware of that and the conversations around the Cabinet table. If anything, there is a prioritisation for rural Ireland rather than the opposite, which is what the Deputy seems to be suggesting.

They are on the minimum wage. Postmasters are not being given a choice.

The programme for Government contains a lot of talk on home care and home help packages. Is the Tánaiste aware that in some parts of the State no extra home help hours have been allocated for the past two months? The north Cork and the Duhallow regions in particular are waiting on a home help organiser within the region. No further home help hours have been allocated since the middle of July.

There are patients who have been discharged from hospital and others who are awaiting discharge notices and trying to return to their own communities and families for whom no home help has been allocated. It is a disgrace. Is the Tánaiste aware of the crisis within this sector?

I reiterate my colleague's comments. Today, I received a reply to a parliamentary question on the number of people in Waterford and south Kilkenny waiting on home help packages. That number is 124. We are facing into winter, we are concerned about our older generation and the number of people on trolleys is a major issue. If home care packages are not in place to provide step-down facilities for people coming out of acute beds, the issue will grow much worse before we see the winter surge.

A large number of people are waiting in my constituency of Dublin Fingal. I have corresponded and spoken with the Minister for Health on this matter numerous times. The doctors have said that people need to be allocated home care hours and there are workers in the area who are willing and able to do the work, yet funding cannot be released. I have spoken to one of the organisers. She told me that there would not be enough funding until new funds were released next year. That is a long time to wait for people who are stuck in inappropriate situations or cannot leave hospital even though they would be fit and well enough to return home with just a little help.

I am aware of many issues with home help in my constituency. There are very few hours for elderly couples who are trying to take care of each other in Laois and Offaly. It has been an ongoing issue for a considerable time. Provision needs to be made in the upcoming budget. This situation has gone on for too long. We must ensure that our elderly people are taken care of and be cognisant of the fact that they are saving the State millions of euro by doing a great job as carers. What is happening is an insult to these people.

I will not repeat everything, but my constituency has the same problem. I have a case of a 91 year old man whose wife is in her late 80s. He was allocated home help hours last May but still has not had them activated. The excuse we are being given by the HSE is that it does not have the staff or resources to do it even though his need has been recognised. This is not on.

Does Deputy Breathnach wish to contribute on the same matter?

It is clearly an issue of real concern. I have experienced it in my constituency too. This is something that needs to be factored into the HSE service plan in terms of resources, both financial and human. I suggest that this is an obvious question to tease out with the Minister for Health when he takes Question Time.

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