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Dáil Éireann díospóireacht -
Tuesday, 15 May 2001

Vol. 536 No. 2

Order of Business.

The Order of Business shall be No. 46, Euro Changeover (Amounts) Bill, 2001 – Second Stage (resumed); and No. 47, Agriculture Appeals Bill, 2001 [Seanad] – Second Stage (resumed). Private Members' Business shall be No. 112, motion re industrial relations.

There are no proposals to be put before the House.

On a point of order, the Labour Party was promised by the Government last week, on 8 May and 10 May, that Report Stage of the Children Bill, 1999, would be taken.

That does not arise.

It does.

Can I just clarify the matter?

Under Standing Order 26—

We were promised specifically.

—it is the prerogative of the Taoiseach to announce business for the day.

I know that.

No other decision of the House is required.

There is an obligation to enforce—

Not at this stage.

We were told when we raised this matter that it would—

There will be an opportunity to do so, as we are moving on to Leaders' questions and the Deputy will be able to do so then.

I think the Taoiseach wants to be orderly and to communicate on this to the House.

The Deputy will have an opportunity to raise this matter on Leaders' questions.

We were promised specifically on the Order of Business—

This matter does not arise at this stage.

I know it does not arise, because it is not here – where is it?

The Deputy may raise the matter by way of Leaders' questions.

As the House is aware, the Government failed to take any decision to tackle the growing crisis in the health services yesterday despite the fact that, as it faces into its fifth year in office, there are still people on waiting lists who were on them when it came into office four years ago. Waiting lists numbering some 28,000 persons are unacceptably high. The national cancer strategy is in disarray. Accident and emergency departments are in chaos. Bed shortages mean that patients are being denied life saving treatment. Services for children are woefully inadequate. The Government cannot agree on what to do next. Will the Taoiseach use the same excuse as his predecessor, Mr. Haughey, used in the 1989 election campaign, "nobody ever told me how bad it was"?

In view of the collective responsibility provisions for Cabinet decisions in our Constitution, will the Taoiseach explain the extraordinary repudiation, if not a downright declaration of no confidence, proclaimed yesterday by the Minister for Finance in the Minister for Health and Children when he not only said extra money would not be available but that the money that had already been given to the Minister had been badly spent?

In reply to Deputies Noonan and Quinn, the country knows we did a useful day's work yesterday in looking at a number of the important issues with which we must deal in the health area.

If members of the Government were being benchmarked, they would not get a rise.

Why did it take four years to do so?

The Government will have to have the next meeting in Lourdes.

Allow the Taoiseach to answer the questions raised.

In reply to the questions raised by the two Deputies, the Government is continuing to work on the health strategy, which has continued over the winter months. We will benefit greatly in the short term and into the future from that detailed background work in which the Minister for Health and Children has been engaged to deliver our policies. That follows on from the last review in 1994. We have examined areas such as hospital bed capacity—

The Taoiseach should not list all the reports.

Will he examine the capacity of his Minister?

—hospital doctor working practices, primary care needs, training, deployment and rewarding of nurses and the use of resources within the system. Yesterday we heard of the progress that has been made by the Minister for Health and Children. More than 80,000 more hospital treatments are being carried out than were carried out a few years ago, 1,300 more nurses are working in our hospitals, 250 more consultants are delivering medical care and there are 1,250 more residential places. At last we are dealing with the areas of mental, physical and sensory handicap.

(Interruptions.)

I ask Members to refrain from interrupting.

How can we keep quiet when those comments are being made?

Far more is being done than when the Deputies opposite were in office.

Some 2,100—

Before the Taoiseach continues, I remind the House that Deputies Noonan and Quinn were afforded the courtesy of putting their questions without interruption and I ask Members on each side of the House to afford the same courtesy to the Taoiseach.

Deputies do not like to hear that 1.2 million people are receiving treatment in accident and emergency facilities—

Why are patients left on hospital trolleys?

—500,000 people have been in receipt of excellent in-patient services and there are 250,000 day patients. Some 14,000 more people are working in the health services. We have put in place the necessary resources. There was criticism of the cancer strategy, but the difficulty was that there was no cancer strategy in place. Such a strategy in now in place. The area of disabilities was not dealt with in the past, but we are now dealing with it.

I remind Deputy Noonan that in the period during which his party was in Government, numbers on waiting lists increased by 27%, but they have now fallen by 9%. We will continue to deal with all these issues. Resources will continue to be put in place to try to improve the health service. The excellent work being done in the Department of Health and Children and by the Minister will continue.

The Deputies opposite are all ready for the accident and emergency department at this stage.

The Taoiseach believes his own propaganda.

Never was so much spent by a Minister for so little return. Did the Taoiseach watch his Minister on the 6 o'clock News yesterday evening? When he was pressed as to why decisions were not made at Ballymascanlon he said it was not a decision-making meeting, it was a meeting for reflection on ongoing policy and the third of a series of meetings, the previous ones having been similar and having been called by the Taoiseach last year on the housing crisis and on the traffic chaos in Dublin. Can we expect the same progress to be made on the health service as has been made on the housing crisis and on the traffic chaos in Dublin arising from the Cabinet's reflective days away last year?

We have made progress.

The Minister for Health and Children should be congratulated by everybody in this House. Yesterday he organised a detailed presentation on the serious issues affecting the health of this nation into the future. Unfortunately, very little reflection was done in previous years as there were very few resources available.

Why did the Government not do it four years ago?

The work of the past four years is in place and the Minister is building on it.

(Interruptions.)

He is building on what he has done for the past four years. I repeat information some Members do not want to hear. There are 80,000 more hospital treatments, 14,000 extra staff in the health services, capital programmes are at an all time high, an enormous amount of money has been put into the area of physical and sensory disabilities, for the first time ever the area of mental handicap is being dealt with, there are more nurses and services available and more is being done for the health of this nation than ever before.

The Taoiseach is beginning to sound like his character on "Bull Island".

This is a pathetic PR exercise.

Why are patients left on trolleys?

I am delighted the Taoiseach has such confidence in our health system, but I wonder if it is shared by all the citizens of this State. Does the Government accept the judgment of the European Court on Human Rights on the Loughgall killings that found, in essence, it is an absolute right of citizens to have an independent mechanism for the investigation of police complaints? When will legislation be introduced to provide for an independent Garda complaints service or authority?

Will the Taoiseach agree there is an emerging need for an Garda ombudsman with an independent inspectorate?

The Minister for Justice, Equality and Law Reform referred to these matters recently and about that necessity, but legislation on it is not currently before the Govern ment. The Minister indicated that in dealing with cases in the future, such as the Abbeylara case, we will have to move from the position we had. The Government will have to consider how that will best be done, on the far side of the investigations currently before the House and cases we will have to deal with.

The Taoiseach seems to be misinformed as to what the Minister for Justice, Equality and Law Reform said. He rejected proposals for a legislatively based independent complaints system. Is it the Government's position that for as long as it lasts in office we will have to wait until we are dragged before the court in Strasbourg, given that our system is at variance with the findings of the judgment? Is it correct to assume that the Government is not prepared to bring forward legislation which would provide for an independent complaints board or procedures for citizens who have complaints against the Garda, and that we would remove the current system where the gardaí investigate complaints against themselves by themselves?

My understanding is that what the Minister for Justice, Equality and Law Reform said was that at present these investigations are not on a statutory basis and that he would not bring forward legislation but he would seek to put a more independent element into the current investigations' system. I presume his view is that he can do that without putting it on a statutory basis.

That is what he indicated.

The Taoiseach will regret this statement.

On the Order of Business, I will take Deputy Quinn first. He had a question earlier which I ruled out at that stage.

Thank you, a Leas-Cheann Comhairle. Last week on 8 and 10 May this House was promised by the Government that Report and Final Stages of the Children Bill, 1999, would be scheduled for today. It was on a preliminary schedule for business but we were told that, due to conflict among Departments and the Attorney General's office, the matter had not yet been resolved. Is there any hope of us ever seeing this legislation?

The Children Bill was to be before the House this week, but unfortunately, the amendments were not completed. The Departments of Justice, Equality and Law Reform and Health and Children had been working on amendments. There are 25 Government amendments. They were only circulated today and that would not have given the Opposition a reasonable chance. We will try to get the Bill rescheduled as soon as possible.

Within the past half an hour I had a telephone call from a constituent who is numb from the hips down, sitting in a hospital accident and emergency ward and they do not even have a seat for his wife.

That is not relevant to the Order of Business.

I will send him the Taoiseach's comments in the House today.

Please, Deputy Mitchell, have you a question relating to the business of the House?

Is it intended to re-introduce the Health (Miscellaneous Provisions) Bill so that the House can be given an opportunity to discuss the failure of the Cabinet meeting at Ballymascanlon yesterday to address—

On the Health (Miscellaneous Provisions) Bill.

The answer is this week.

—the urgent health issues which this country is facing?

I understand it is being taken in the House tomorrow. We will move on to a question from Deputy Fitzgerald.

Will the Taoiseach provide an opportunity during that debate—

Deputy Mitchell, you are out of order. You have asked your question.

—to discuss the failure of the Cabinet meeting to reach any conclusion on these important issues?

I call Deputy Fitzgerald.

Is the Taoiseach aware that there has been a sharp decline in the number of wheelchair accessible taxis available in this city over the past few weeks and we have also had stories—

Is the question on legislation?

It is on legislation.

Will you come to the legislation please?

There have been stories of people with disabilities travelling in the engine rooms of trains. What priority is the Taoiseach giving to the legislation on disability? When will a strong disabilities Bill be brought forward so that rights can be enshrined for people with a disability?

The work on the heads of the Bill is almost completed and the Bill is due later this year.

I want to ask about four Bills which have been published by the Minister for the Environment and Local Government but which have not yet been brought through this House, the Local Government Bill, the Waste Management Bill, the Road Traffic Bill and the Electoral Bill. When will each of those Bills be brought to this House for Second Stage?

That is a long list of Bills.

The Local Government Bill is due this month.

It has started already.

It has already started its passage through the House.

Three months ago.

A Deputy

It did not go very far.

It has gone into a siding.

It will be ready later this month and it will be taken again in the House later this month.

Are they back on side?

The Waste Management Bill will be taken in mid-June. The Electoral Bill and the Road Traffic Bill will be taken in this session.

(Mayo): On promised legislation, last Thursday the Minister for Public Enterprise told the House at Question Time that CIE was refusing to make available information and documentation for the inquiry on the Kiltoom rail crash and that she was consulting the Attorney General—

Have you a question on legislation?

(Mayo): It shows an appalling contempt for the Minister. Why has the Rail Safety Bill not been brought forward as a priority? This would certainly eliminate any possibility of contempt being shown by CIE for the right to an independent inquiry?

The legislation is due this summer.

Mrs. Owen: I want to ask the Taoiseach about legislation, No. 60 on the list of promised legislation, the Medical Practitioners (Amendment) (No. 2) Bill, and about an announcement in the budget which is relevant to this legislation. Is the Taoiseach aware that in the budget the Government announced that everybody over 70 would be eligible for medical cards from 1 July next? Is the Taoiseach aware that there is no clarity about this matter?

That does not arise.

There are no application forms available.

Nobody knows whether their doctor will be able to deal with them and it is a complete mess. Not even the doctors know.

That does not arise on your question, Deputy Owen. On the first part of the question, the Taoiseach to reply.

I want to know about the medical practitioners Bill and whether we will get clarity about the doctors participating in this scheme of medical cards.

I will allow the first part of the question on the medical practitioners Bill.

The Taoiseach should bend the Minister for Finance's ear.

The medical practitioners Bill will not be available until next spring but the issue which the Deputy is raising will be taken in the House tomorrow.

When will the Family Mediation Service Bill be taken? I was present earlier this afternoon when the Minister for Social, Community and Family Affairs, Deputy Dermot Ahern, launched the service. Is the Taoiseach disturbed by the reports today that—

Have you a question appropriate to the Order of Business?

—73,000 lone parent families are living in poverty in this State?

The Family Mediation Service Bill is due before the summer recess, as the Minister stated in his press statement today.

When will the Irish National Petroleum Corporation Limited Bill be published? Will it be published before any deal is signed at the end of this month to sell the oil refinery to Phillips/Tosco so that we will have time to debate the issue?

The first part of the question is in order.

As I said last week, this legislation will be available later in the year. If it is required to be fast-tracked, it can be but at this stage it is due in the autumn.

As the guarantor of Members of the House, a Leas-Cheann Comhairle, do you intend to take steps to try to ensure that the practice of Ministers replying on the Adjournment and giving irrelevant, often contemptuous answers, which frequently miss the point of the issues being raised by Deputies might be addressed?

It does not arise on the Order of Business but, as the Deputy is well aware, the Chair has no control over the replies.

My understanding, Sir, is that you are the guarantor of the rights of us on this side of the House.

According to the long-standing precedent, the Chair has no control over the replies from a Minister.

A Leas-Cheann Comhairle, will you take up the matter with the Ceann Comhairle because Deputies on this side of the House—

I suggest that you take it up with either the Dáil reform committee or the Committee on Procedure and Privileges which will meet tomorrow.

—raise particular and specific issues and Ministers, usually Ministers of State, are sent into the House to reply.

I call Deputy Howlin.

May I explain the point, Sir?

There is no need to explain it in the House.

Ministers of State are sent into the House—

I call Deputy Howlin.

—with meaningless replies which miss the entire point.

An Leas-Cheann Comhairle: Will the Deputy allow his colleague, Deputy Howlin, speak, otherwise we must move on to the business proper?

I propose to have it raised at the Committee on Procedure and Privileges tomorrow.

A promise was made in the House by the Minister for Justice, Equality and Law Reform subsequent to a court decision to establish the parole board on a statutory basis. Has work been completed on that and when will the legislation be published?

I do not believe there is legislation listed on the matter.

It is the Prisons Service Bill.

It will not be published until next year. The heads of the Bill are expected in June of this year but the drafting of the Bill, which will contain almost 70 heads, will take at least nine months.

Does the Minister intend to place—

The Bill will place the prisons board, the parole board and prisons inspectors on a statutory basis.

Remarks at the weekend attributed to the Tánaiste quote her as saying she favours the introduction of legislation to ban strikes. Will the Taoiseach tell us when this legislation will be published?

It will be no bother to her.

She will make the trains run on time.

It is another kite.

No such legislation is promised.

This Government announced in the last century that it would transfer 10,000 civil servants. Will this take place in this century?

That was in the last millennium.

The question does not arise on the Order of Business. Deputy Olivia Mitchell.

In the context of the Road Traffic Bill, is it intended to bring forward amendments to allow political discussion and—

The Taoiseach has already answered the question on the Bill.

—political input into the formulation of some sort of national tolling policy to come before this House? We have seen in recent days—

That is not appropriate to the Order of Business. Deputy Rabbitte to ask the final question.

The Minister of State with responsibility for consumer affairs is flapping about helplessly pleading with publicans to introduce voluntary price stability. Does the Taoiseach propose to introduce legislation to control the price of drink, having regard to the disproportionate contribution it makes to the inflationary spiral that the Minister for Finance—

We are moving on to—

No, a Leas-Cheann Comhairle, I think the Minister of State with responsibility for consumer affairs ought to be taken out of his misery. He is flapping around helplessly.

That does not arise on the Order of Business.

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