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Dáil Éireann díospóireacht -
Thursday, 18 Dec 2014

Vol. 862 No. 3

Order of Business

As this is the season of goodwill, I am sure everybody will listen to the Order of Business with a great sense of goodwill and, as happened in the First World War, set aside their hostilities and allow a little truce.

(Interruptions).

Most of the time I love to listen to Deputy McGrath, but on this occasion I ask that he give me the floor.

Is the Tánaiste going to sing?

It is proposed to take No. 21a, motion re presentation and circulation of Revised Estimates 2015; No. 21b, motion re membership of committee; No. 44, Protection of Children’s Health (Tobacco Smoke in Mechanically Propelled Vehicles) Bill 2012 - Order for Report, Report and Final Stages; No. a1, Road Traffic (No. 2) Bill 2014 [Seanad] - Second Stage (resumed) and remaining Stages; No. 38, statements on the fourth report of the Constitutional Convention on the Dáil electoral system; and No. 39, statements opposing domestic violence, to adjourn after one hour, if not previously concluded.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 5.30 p.m. and shall adjourn on the conclusion of Topical Issues, which shall be taken not later than 8.30 p.m. or on the conclusion of No. 39, whichever is the earlier; Nos. 21a and 21b shall be decided without debate, and any division demanded on No. 21a shall be taken forthwith; the following arrangements shall apply in relation to No. a1: the resumed Second Stage shall, if not previously concluded, be brought to a conclusion after three hours; Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion after two hours by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Transport, Tourism and Sport; the proceedings in relation to No. 38 shall, if not previously concluded, be brought to a conclusion after 90 minutes, and the following arrangements shall apply - the statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed ten minutes in each case, and such Members may share their time; the statement of each other Member called upon shall not exceed ten minutes in each case, and such Members may share their time; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; the following arrangements shall apply in relation to No. 39 - the statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, and such Members may share their time; the statement of each other Member called upon shall not exceed ten minutes in each case, and such Members may share their time; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes; the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 14 January 2015, unless the Water Services Bill 2014 is sent back to the Dáil with amendments made in the Seanad, in which event, the Dáil shall sit on Tuesday, 23 December 2014 at 11 a.m. and shall adjourn not later than 1 p.m.; there shall be no Order of Business within the meaning of Standing Order 26 and accordingly, the only business to be transacted shall be as follows: Water Services Bill 2014 – amendments from the Seanad, the proceedings on which shall, if not previously concluded, be brought to a conclusion at 1 p.m. and any amendments from the Seanad not disposed of shall be decided by one question which shall be put from the Chair, and which shall in relation to amendments to the Seanad amendments, include only those set down or accepted by the Minister for the Environment, Community and Local Government; and on the conclusion of proceedings on the amendments from the Seanad, the Dáil shall adjourn until 2.30 p.m. on Wednesday, 14 January 2015.

There are six proposals to be put to the House. Is the proposal for dealing with the late sitting agreed? Agreed. Is the proposal for dealing with Nos. 21a and 21b agreed? Agreed. Is the proposal for dealing with No. a1 agreed? Agreed. Is the proposal for dealing with No. 38 agreed? Agreed. Is the proposal for dealing with No. 39 agreed? Agreed. Is the proposal that the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 14 January 2015, unless the Water Services Bill 2014 is returned to the Dáil with amendments made in the Seanad, in which event the Dáil shall sit on Tuesday, 23 December 2014 at 11 a.m. and adjourn not later than 1 p.m. agreed? Agreed.

Guím beannachtaí na Nollag agus athbhliain fé mhaise ar an Tánaiste agus ar mo chomhghleacaithe sa Teach seo agus sa Seanad.

I wish the Tánaiste and her colleagues in this House and the Upper House and their families every good wish for Christmas and the New Year. While we disagree on many things in this Chamber, the one thing we are agreed on is that we are very fortunate in this House to have staff of such excellence across all sections of the complex. I thank them for their work in 2014 and wish them health and happiness for Christmas and the New Year.

The Tánaiste referred earlier to referendums next year. Can she confirm whether it is the Government's intention to pass the children and family relationships Bill prior to May and the proposed referendum on marriage? Will she also say whether it is the Government's intention to hold a referendum during 2015 on our commitments with regard to the Unified Patent Court?

Ba mhaith liom Nollaig shona agus athbhliain faoi mhaise a ghuí ar gach duine anseo agus in Éirinn. As well as wishing Members a happy Christmas and a prosperous new year, I would like to extend our best wishes and thanks both to the Ceann Comhairle and Leas-Cheann Comhairle, as well as all the staff who work in the House and serve its Members so very well. I wish the best to them and their families at Christmas and for the new year.

My understanding is that work on the children and family relationships Bill is extremely well advanced. It is anticipated that it will be introduced early in the new year and will be completed prior to the holding of the referendum in respect of marriage equality.

The Government has not made a decision on the referendum on the establishment of a patent court.

On behalf of myself and my party, Sinn Féin, I wish the Tánaiste and her colleagues in both this Chamber and the Seanad a very happy Christmas and a prosperous new year. I hope she has a very peaceful holiday. I also extend our best wishes and holiday greetings to all the staff who work in the Houses of the Oireachtas.

Given the success of the Convention on the Constitution in being able to discuss a wide range of issues and come up with several recommendations to the Government, is there any prospect of it reconvening this year to discuss further issues which may be relevant to the Constitution, particularly given the debate which took place in the Chamber over the past several nights, including the comments of the Minister for Health, other Ministers and Members on all sides who said the eight amendment needs to be dealt with? Are there any plans for this issue to be dealt with by the Convention on the Constitution?

I thank the Deputy for his good wishes and the good wishes to the staff.

My understanding is that the Convention on the Constitution has come to the end of its work. There are certainly no proposals to reconvene it this year. I am not aware of any other proposals to do so either. Clearly, the matters relating to the eighth amendment to the Constitution require very careful consideration and debate. As was said earlier by Deputy Calleary, there is a wide range of views on it. In the case of my party, the Labour Party, we advocated against that particular change to the Constitution being adopted by the people. The people, in their wisdom, decided to adopt it, however. As democrats we have to accept that.

There are serious matters with this issue which require detailed debate. There has been no decision on the convention being a mechanism for that kind of detailed debate, however. On previous occasions, expert groups and committees have looked at the some of the extremely complex issues which arise in these cases.

RTE proposes to cease its long wave radio service which will affect a large number of Irish emigrants, particularly older emigrants, in Britain. It is also an issue of concern in many parts of Northern Ireland, particularly in north Antrim and other rural parts of the Six Counties. Yesterday, the foreign affairs committee unanimously agreed to write to RTE to request it give a commitment that it will not cease this service. Will the Tánaiste do likewise? We have very ambitious and laudatory plans to support the diaspora and connect better with it. The removal of this long wave radio service would be very detrimental, particularly for many older Irish emigrants who depend on it for keeping in touch with home and getting the news from here.

I am conscious this is an important issue for those affected. I am aware that the foreign affairs committee has been in discussions with RTE on the matter. I am sure RTE is also conscious about its far-flung listenership which likes to listen to programmes on the traditional long wave service. I will make inquiries as to what, if anything, can be done by RTE to address these changes. While the service may be replaced by digital audio, for a cohort of older people that may not be necessarily suitable or popular.

I also support the request made by Deputy Smith for the retention of the RTE long wave radio service.

The Deputy does not need it.

No, I do not need it as I live close by it.

They can hear him from here.

He is on the same wave.

Many Irish emigrants abroad have recourse to that service and regard it as their lifeline with home. It is of significant sentimental importance to them and I strongly support Deputy Smith’s point.

At this time of the year, alcohol seems to be used as a loss leader by many of the multi-chain stores to the detriment of existing establishments such as public houses. To what extent is it intended to bring the alcohol pricing legislation forward, given that a case pending in the courts will be decided in another jurisdiction? Would it be possible to bring it forward here as a matter of some urgency?

The Deputy is lucky enough to have what might be called a Kildare shout. There is no difficulty in either ourselves or anybody else not being able to make out every word he has to say.

He is actually from Mayo.

He is a blow-in.

I anticipate the control and sale of alcohol legislation will be brought before the Dáil in the middle of next year.

I wish the Tánaiste and her Government colleagues a very happy and peaceful Christmas. I commend and thank the Ceann Comhairle, the Leas-Cheann Comhairle and all the staff who work in the Dáil and its vicinity.

On a happier note, to show I am not Mr. Angry all the time, will the Tánaiste join with me in welcoming yesterday’s significant and historic breakthrough in relations between Cuba and the USA? Barack Obama, Fidel and Raoul Castro got together to end the embargo. Will the Tánaiste also join with me in commending Pope Francis I on his efforts in this regard which went on for several months? It is a major breakthrough. The Irish people have been pushing this agenda for many years. It is a historic day for me as I campaigned for the release of the Miami five. In case the Leas-Cheann Comhairle thinks I am out of order, this is covered by the mediation Bill. This historic day is good for world peace and international relations.

It is probably covered by the Christmas dispensation Bill.

Comrade Finian McGrath.

I am delighted at what has happened in the relationship been the United States and Cuba. The boycott of Cuba had been in place for more than 50 years and I am delighted to see it lifted. I wish prosperity and positive developments from this for the people of Cuba. I understand this is covered by the mediation Bill. The Deputy will know that last weekend we marked the successful conclusion of the meditation I initiated for Waterford Glass workers and their outstanding pension issues. There is a strong role for mediation in disputes, both large and small.

I wish Sinn Féin and the other parties good luck in the North in their budgetary talks which are critical for the overall discussions in the North.

I am so delighted that Deputy Finian McGrath and I are in a truce. I wish him and, most importantly, all his constituents a happy Christmas.

The issue of the sale of alcohol Bill has been mentioned today and I raised the matter with the Taoiseach during the debate on the increase in excise duty in the 2012 budget. At the time the Taoiseach said it would be brought before the House within a matter of months. Some three years have passed and today the Tánaiste has said this legislation will be before the House in the middle of 2015. How can we on this side of the House be confident that this will be the case?

Can the Tánaiste update the House on when the Government intends to publish the wind energy guidelines? She will be aware that members of her parliamentary party in the Dáil and Seanad have published legislation on wind energy policy but it has been on the shelf gathering dust for some years. When will the Government finally come forward with regulations on this issue?

Prior to the Easter recess of 2011 I asked the Taoiseach about the possibility of facilities for tabling and answering parliamentary questions while the Dáil is in recess. The Taoiseach informed me that by the summer recess arrangements would be in place for the tabling and answering of parliamentary questions while the Dáil is in recess. Four years have passed and we still do not have the facility to submit parliamentary questions to the various Departments while the Houses are in recess. Many Opposition Deputies find that parliamentary questions are the only way to get answers from Departments in some cases.

That was also the case back when Fianna Fáil was in power.

What of the democratic revolution?

As I said, the legislation on the sale of alcohol is anticipated to come before the House in the middle of next year. I do not have an exact date for the wind energy guidelines as Ministers have changed in both of the relevant Departments.

Does that mean there has been a change in policy? Has there been a change in direction?

Both Ministers have met communities and organisations and have travelled the country to talk to people on what is a very sensitive and important issue.

Has there been a change in direction?

I am not aware of any commitment the Taoiseach made to Deputy Troy on parliamentary questions but I do know that my Department uses a great deal of its resources, at a cost of several million euro per year, to answer parliamentary questions in their many facets and formats. I think my Department answers the largest number of individual parliamentary questions and my staff, at all levels, give a very dedicated service to Members of the Dáil and Seanad. A great deal of work is involved in answering the volume of questions received and we try to give detailed answers.

Hear, hear. I thank the Tánaiste for that work.

I understood that the terms of reference for the commission of investigation in response to the Guerin report were to be published this week. I have tried to raise this matter on Topical Issues on a few occasions, without success. Can this be done today to allow speaking time here? It would be very disappointing if the terms of reference were published after the Dáil closes.

I understand that the Minister is ready to announce the terms of reference, though I am not sure precisely when this will occur. This matter was discussed by the Cabinet and I understand that the terms of reference are ready to be announced soon.

Like previous speakers, I wish all staff, Members and those on the Government benches a happy Christmas.

I welcome the new accord that has been agreed between Cuba and the United States as the people of Cuba have suffered greatly in the past 50 years and have shown great fortitude. Substantial progress was made by the people of Cuba, despite the blockade and the hardships they endured.

Climate change legislation is in the programme for Government, it is on the A list and has been scheduled for every term over the past two years. I welcome the fact that it is on the A list but the environment committee conducted a substantial report in the summer of 2013 and two months later the legislation arrived on the Minister's desk. We were promised the legislation would be before this House before Christmas. Last week, at the summit in Peru, some 194 states set the stage for a planned accord in Paris on climate change in 2015. The EU has set targets and we all want to meet these targets, including members of the Tánaiste's party. Why has the legislation been delayed and will the Tánaiste commit to bringing it before the House in the new year?

The first meeting of the Cabinet is to take place on 8 January and I understand that this matter will be raised on that occasion. The legislation will be dealt with in the new year.

I, too, wish everyone working in the Houses of the Oireachtas a peaceful festive break. We can all go home, close our doors and have a nice Christmas dinner. Last week the Minister for the Environment, Community and Local Government, Deputy Alan Kelly, introduced a housing strategy commitment that people living on the street would be given secure accommodation before 25 December. I asked that 45 minutes be put aside this week for a report on this to the House. Can the Tánaiste or the Minister confirm that these beds will be provided and where they will be provided? Last week Focus Ireland supplied 30 beds but that leaves a need for around 160.

The plan brought before the House by the Minister, Deputy Kelly, included very good innovations like the night café, which guarantees that people living on the street can get tea, coffee, soup and other food. All of this is proceeding, as is the night bus to bring people to shelters with beds. A certain amount of accommodation has become available and I saw yesterday that the Archbishop of Dublin has opened new accommodation under the auspices of Crosscare. The details of the strategy were set out in the Minister's statement and a great deal of this is underway. I hope the strategy can help everyone sleeping rough on the streets of Dublin.

I lived in the city centre for a long time and I know that people in these circumstances can face very complex problems. Notwithstanding the best efforts of families, some people do not want to be with a large number of other people. I want the message to go out that beds are available if people want them but, for complex reasons, some people do not want to be with other people and we must respect this. I hope this is how ancillary facilities, like the night café, may be helpful to some people.

I commend the many people I know who have donated money and volunteered their time, concern and care for people sleeping rough. We would all like to see an end to homelessness in Dublin and a reduction in the drugs problem in Ireland in 2015 and 2016. Drugs are often, unfortunately, a major factor in homelessness.

The Horse Racing Ireland (amendment) Bill was due this session and was to amend and extend the Irish Horseracing Industry Act 1994, the Horse and Greyhound Racing Act 2001 and related matters. What is the status of the Bill and when will it be enacted?

I understand the pre-legislative examination of the proposals has been before the committee and that the Minister is currently examining the proposals made by the committee.

We are still dealing with serious issues of mental health and the difficulties experienced by people in accessing mental health services, particularly through accident and emergency departments. We have seen the queues of people in Beaumont Hospital recently. The hospital had to turn people away and ask them to go to other hospitals. There is a major shortage of front-line personnel, including psychiatrists and nurses, in our hospitals. Blanchardstown hospital is another where there is a major shortage of personnel.

That is suitable for a parliamentary question.

The Government promised extra funding. Will there be a debate on the matter when the mental health capacity Bill is being discussed?

You should take that up with the Whips, Deputy.

It will be before the committee at Christmas. I imagine the Deputy is aware of and has seen the fine new facilities opened recently in Blanchardstown and more recently in Grangegorman. They are providing vital services to people troubled by mental health issues. Furthermore, we have seen significant change with the opening and building of primary care centres throughout Dublin. Ultimately, as the Deputy is aware, the best way of providing for the needs of people with mental health issues is, at a local level, to prevent people from having to go into hospital as far as we can.

I am satisfied with the ring-fenced budget my colleague, the Minister of State at the Department of Health, Deputy Kathleen Lynch, has for this matter in respect of the recruitment of staff, which is ongoing, and the provision of greater facilities. I know Deputy Ellis takes an interest in the matter. He will be aware that issues relating to drugs are a contributory factor in the level of mental health difficulties in Irish society. All of this will be down for debate and consideration in the committee early in the new year.

I thank Members for their good wishes and wish Nollaig faoi shéan agus faoi mhaise to all Members and to the staff of the Houses.

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