It is proposed to take No. 8, Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015 - Second Stage (resumed); and No. 45, Garda Síochána (Amendment) (No. 3) Bill 2014 - Order for Report, Report and Final Stages, to be taken not later than 5.30 p.m. today and the order shall resume thereafter. It is proposed, notwithstanding anything in Standing Orders, that in the event a division is in progress at the time fixed for taking Private Members' business, the Dáil shall sit later than 9 p.m.; and Private Members' business, which shall be No. 182 - motion re European debt (resumed), shall, if not previously concluded, be brought to a conclusion after 90 minutes. Tomorrow's business after Oral Questions shall be No. 8, Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015 - Second Stage (resumed); and No. 46, Customs Bill 2014 - Second Stage (resumed).
Order of Business
There is one proposal to be put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed.
Standing Order 107I was removed from today’s schedule and, according to a late note to our office, it is proposed to bring it in tomorrow. The Standing Order is consequent on the passing of the Central Bank (Amendment) Bill 2014, which was passed last week and which states:
Any member of either House of the Oireachtas to whom confidential information is provided under subsection (5) and who fails to comply with the provisions of professional secrecy referred to in subsection (6) in respect of that information may be subject to the sanction of the House of which the person is a Member in accordance with rules and Standing Orders made by that House.
The Standing Order was circulated two weeks ago and is severe. I have had some preliminary legal advice that it looks very restrictive on the members of the committee in terms of the sanctions they may incur if they are judged to have breached the Act in terms of receiving confidential information from the Central Bank and breaching their duty of professional secrecy. Given that the inquiry is meant to open up everything in the Central Bank documentation on corporations and individuals, it seems an extraordinary restriction. Would the Taoiseach defer bringing the Standing Order before us so there can be discussions between the Members and the parties on the impact of the Standing Order we are being asked to approve? Perhaps some protection is needed for the Members of the House in terms of how this will work in practice in the committee.
The programme for Government contains a very clear commitment in terms of legislation that the fair deal system of financing nursing home care will be reviewed with a view to developing a secure and equitable system of financing community and long-term care which supports older people to stay in their own homes. In January 2014, 512 people had been waiting for four weeks for funding under the fair deal scheme. In October 2014, nine months later, 2,114 people had been awaiting funding for 15 weeks. Both the numbers and the waiting time quadrupled in 2014. Is it any wonder we have a crisis in accident and emergency departments with delayed discharge when the Government has deliberately cut funding to the scheme? Deputy Billy Kelleher tabled a very good parliamentary question and got the monthly figures. Where is the commitment to the legislation and when can we expect the reform of the fair deal scheme so elderly people will not be waiting 15 weeks, which could potentially amount to €15,000 of expenditure for families? Given that I have been asking the question for quite some time, I really want an answer as to when we will have the legislation and the fair deal review the Government promised in its programme for Government.
The data sharing and governance Bill is very important. Deputy Shatter was in the unique position of getting access to the terms of reference of a commission of investigation a full month before any Member of the House. It was lodged quietly on 19 December in the hope that everybody was heading off for Christmas. The whole story is intriguing. In future, I ask that when commissions of investigation are established there be a prior consultation mechanism between the Government and Opposition Members, particularly the spokespersons with responsibility for the particular areas being inquired into. The data sharing and governance Bill may be the mechanism to facilitate sharing such basic information with other Members of the House. When does the Taoiseach expect it to be published?
The data sharing and governance Bill is listed for this year and I have already answered a question by Deputy Adams on the consistency of the Government in having made a decision to send the terms of reference of a commission of investigation to a Deputy who was in litigation, for his information and not for any comment. The purpose of this was to leave nobody in doubt but that the Government intended to proceed, as it always said it would, to have the commission of investigation with the terms of reference as set out by Mr. Sean Guerin. I will have to come back to the Deputy on the fair deal. The Standing Order was removed from the schedule because the President has not yet signed the Central Bank (Amendment) Bill 2014. The President must sign the Bill before the Standing Order is moved.
I am asking the Taoiseach not to move it.
Blame Michael D. Higgins.
The Bill provides a gateway through which the Central Bank may provide confidential information to the Joint Committee of Inquiry into the Banking Crisis. There are professional secrecy obligations in EU and national law regarding such confidential documents. The draft Standing Order, which has been agreed by the Committee on Procedure and Privileges, creates a process for dealing with breaches of those professional secrecy obligations by Members and provides for penalties where Members do not comply with the requirements of the law. The Minister of State at the Department of Finance, Deputy Harris, took the Bill through and it was agreed by the Fianna Fáil Whip.
He was told it was a fait accompli.
The banking inquiry sought new Standing Orders alongside the Bill. Standing Orders do not come from the Government. The Joint Committee of Inquiry into the Banking Crisis has sought the legislation on the confidential matter with which it is to deal. We cannot move the Standing Order until the Bill has been signed.
If a Member mentioned, for example, Anglo Irish Bank as being in Central Bank documentation, could it be in breach of the privacy legislation? We need far more transparency about what is allowable and what is not because the public has not got a clue about it. The Act and the Standing Order could constitute a very restrictive mechanism on members of the inquiry, about which the Government knew well before the establishment of the inquiry. It points to the inadequacy of the model the Government has chosen.
There are obligations regarding secrecy in EU and national law. This was a specific request by the Joint Committee of Inquiry into the Banking Crisis.
The Standing Order motion was not moved today because the Bill has not been signed by the President.
One cannot mention a bank in the banking inquiry.
It will be penalised if it mentions a bank.
It is farcical to have a banking inquiry where people cannot name a bank. The name of the inquiry should be changed.
It should be deleted.
Will the Taoiseach tell the Dáil when the Government agreed the terms of reference for the commission of investigation as recommended by the Guerin report?
What date?
It was 19 November.
The 19 November.
I will check that for the Deputy because I cannot recall. I think it was 19 November.
Will the Taoiseach send me that confirmation?
Of course, I always do.
I want to ask about the Immigration Residence and Protection Bill 2010, the Public Health (Alcohol) Bill 2013 and the health reform Bill, which I will deal with first. There were 518 patients on trolleys in hospitals across the State yesterday, including in Our Lady of Lourdes Hospital, which had 30. Today there are 40 on trolleys there and the overall figure is 511. This is the seventh highest number since the Irish Nurses and Midwives Organisation, INMO, started keeping records. When will the health reform Bill be published? Will the Bill include provisions to deliver the recommendations of the Health Information and Quality Authority, HIQA, which I have raised before and which has not been implemented.
The Immigration Residence and Protection Bill 2010 sets out the legislative framework for the management of inward migration to this State. I raised this with the Taoiseach last week. There are 4,000 asylum seekers. We are both agreed that our people, who have been forced to emigrate, should be treated properly yet I have seen at first hand the hardship of asylum seekers. Can the Taoiseach confirm the progress of this Bill? Has the Government met with groups such as the Irish Refugee Council and Nasc which have made numerous criticisms of the Bill?
Yesterday the Minister for Health published the heads of the Public Health (Alcohol) Bill 2013 but he did not publish a date for it to be brought forward. The interest and advocacy groups and people who are concerned about the hazardous consumption of alcohol and the culture of binge drinking have given it a cautious welcome. The Government had a view on the sports organisations, and the Minister for Health claimed yesterday that there was support for a ban on alcohol sponsorship of sporting events but it appears this will not be in the Bill. Can the Taoiseach confirm or clarify whether it will be in the Bill?
The Deputy’s first question was about the date of approval of the draft terms of reference in respect of Mr. Guerin’s report. That was 19 November, which will save me writing to the Deputy.
The health reform Bill will be introduced later this year. The Public Health (Alcohol) Bill was approved by Government yesterday and that deals with putting in place a statutory footing for the code of conduct that is already in place. The question of sports sponsorship being associated with the marketing and advertising will be dealt with in a way that does not allow for the deliberate targeting of children and will also deal with the structural separation within outlets where drink is available taking into account that price and availability are the two principal causes of access to drink which can lead to over-indulgence and health problems.
The Immigration Residence and Protection Bill 2010, Committee Stage, was restored to the Order Paper by the Government. That Bill is intended to replace immigration law dating back to 1935, notably the Aliens Act, as it was called, which was intended to provide a single code of law on entry into, and presence in, the State of people from other countries. The Bill is intended to meet the objectives of the programme for Government, to introduce comprehensive reforms of the immigration residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way. The Bill comprises ten different parts with a total of 168 sections, over 50 of which deal with the protection issues under part 8. There has been a lot of activity around this. In the intervening period the issues of asylum and direct provision have gained momentum and the Minister for Justice and Equality has been mandated to fast-track a separate international protection Bill to meet several particular and immediate concerns while work will continue on the broader immigration Bill. I can update Deputy Adams as necessary.
The long-awaited Health Information Bill 2014 will offer significant and revolutionary advances for the use of and protection afforded to personal health information in Ireland. The objective of the Bill is to create an integrated system whereby personal health information is available across many care settings and transferable between clinicians and hospitals, public and private. When can we expect publication of this Bill?
The Taoiseach has no information on that.
Later this year.
The terms "later this year" has been used for the past ten years in respect of this.
I remind the Taoiseach about the section in the programme for Government on homelessness. What, if any, progress has been made on the specific proposals laid out? The Taoiseach is aware that numerous people, whole families in some cases, are crammed into hotel rooms, hostels and bed and breakfast accommodation from one end of this country to the other at horrendous cost to the State. These families are suffering incalculable misery. The proposals in the section of the programme for Government on homelessness would have alleviated those conditions. Four years down the line, what will the Government do about that situation and when?
The Government is acting on the situation.
How many are in hotel rooms, hostels and bed and breakfast accommodation?
This issue has been raised every year for so many years between September and Christmas because of all the inactivity over the years. It is now being dealt with-----
There are more people in emergency accommodation than ever before in the history of the State.
We all have them.
-----in the sense that for the first time in so many years there were more beds available than people who needed them, that is, those people who wanted to come off the streets and looked for a bed-----
The Taoiseach should tell that to the young women in hotel rooms.
-----in Dublin, Limerick, Cork, Galway and Waterford.
That is not true. We see them in Limerick.
It is true. I went out on inspection with the Lord Mayor of Dublin and all of the agencies and the Government responded. The Minister and Minister of State for the Environment, Community and Local Government, Deputies Kelly and Coffey, have given frequent updates on the progress being made. There have been many debates. I can give the Deputy all the details if he wants. I may send him a note updating him on what actually is happening. What the Deputy says is not true. This matter is being attended to.
I will take the Taoiseach on a tour of my constituency where he will see the reality on the ground.
The Taoiseach must be aware that many businesses, especially small and medium-sized firms, are in trading difficulties, as are many in the retail and catering sectors. Many are waiting for a revaluation of their commercial rates but there is a systemic inability in the Valuation Office to do that in a timely manner. When will the Valuation (Amendment) (No. 2) Bill 2012 come before the Dáil to address this?
I understand the Government has announced its intention to amalgamate the Valuation Office, the Property Registration Authority and the Ordnance Survey in one new State organisation. Will the delay in putting this new agency together cause further delays for businesses that need their commercial rates revalued to a lower and more realistic level than the current rate? Will they be left waiting longer? When will we see both items of legislation, the Valuation (Amendment) (No. 2) Bill and the amalgamation of those agencies?
The heads of the Tailte Éireann Bill for the amalgamation of those units were cleared on 20 January and it will now go to committee for pre-legislative discussion and analysis.
The Valuation (Amendment) (No. 2) Bill 2012 is expected in the Dáil in a couple of weeks. It is going through the Seanad. The Deputy will have ample opportunity to comment on it then.
Are the Taoiseach, the Government and the Minister for Health aware of the huge crisis over the past few days in our health service? Yesterday there were 500 people on trolleys in the accident and emergency departments. The ambulance service is in chaos and cannot answer calls because it does not have enough facilities.
Last week when one of my constituents sought an ambulance to take her very ill grandson to hospital she was told there were none available and she had to take him there herself. This is the reality.
This is not Leaders' Questions.
I ask the Taoiseach to bring that information to the attention of the Minister for Health and to tell him to take his head out of the sand and deal with the real issues in our health service.
I am so aware and will communicate the Deputy's views to the Minister for Health.
On the health (transport support) Bill, the Taoiseach will be aware that the mobility allowance scheme has been under a cloud of smoke for the past 18 months, during which time the Government promised to bring forward legislation to deal with this issue in a comprehensive manner. When will we be able to give certainty in relation to this allowance to the people who rely on it?
On the wind energy regulations to deal with wind farms, the Government promised almost 12 months ago to introduce guidelines in this area. I have raised this issue on a number of occasions and have been continuously told that the Department is working on the guidelines. When can the people of this country, particularly those in the affected areas in the midlands, expect publication by Government of the guidelines for the regulation of wind turbines?
I do not have a date for publication of the wind energy regulations. I will advise Deputy Troy of an accurate date in that regard at a later date.
On the health (transport support) Bill, this is included in the Department of Health's legislative programme for 2015. Deputy Troy will be aware that the monthly payment of €208.50 has continued to be made available by the Health Service Executive-----
No new applications are permitted.
-----to the 4,700 people in receipt of the mobility allowance at the time the scheme was closed.
As there are ten more Deputies who wish to contribute I ask Members to keep their questions short.
On the apprenticeship Bill, given the urgent need for more qualified apprentices and the fact that some had their training interrupted by the downturn in the economy, when will that Bill come before the House?
When will the bail Bill to do with an issue which has been of considerable concern down through the years and continues to be of concern, particularly in the context of the number of instances of subsequent offences committed by people while on bail, be published?
The heads of the bail Bill are at long last expected before Government shortly. On the apprenticeship Bill, as I said the other day the Minister of State, Deputy English, is currently working on this with SOLAS and the new apprenticeship council and is expected to report to the Cabinet sub-committee on 27 February and to Government on 3 March.
Now that the Department of Social Protection has completed its impact assessment of budget 2015, does the Taoiseach accept that this year's budget has benefited the bottom 20% the least extent and that it has significantly widened the gap between rich and poor, and how does he feel about that?
Sorry, that is not relevant to the Order of Business.
We have a very serious problem in terms of the widespread street-dealing of prescription drugs, including benzodiazepines and, in particular, sleeping tablets. There is an urgent need for secondary legislation in this regard. It is now two and a half years since draft regulations to tackle this issue and amend the control of drugs legislation were drawn up in the Department of Health. Why is it that those draft regulations are still sitting in that Department? Will the Taoiseach give a commitment to ensure that the Minister for Health takes action in that regard to deal with this urgent problem?
I will advise Deputy Shortall at a later date on the situation in relation to prescription drugs. On the budget and its impact on people, 40,000 new jobs have been created during the past 12 months. That is the best road out of the difficulties in which many people find themselves.
Does the Taoiseach accept the data about the widening of the gap? Those data are very clear.
We are dealing now with promised legislation.
I am sure the Deputy will appreciate that there has been a ten year decrease in the number of people who are unemployed. Budget measures such as the housing assistance payment, the continuation of medical cards, the increase in child benefit and the introduction of family support are designed to help people who are experiencing problems.
They are all taken into consideration. The data still shows that as a result of the budget the gap has been widened.
I will come back to the Deputy on the prescription drugs issue.
On the wind energy regulations, current planning decisions are being processed on the basis of outdated wind energy regulations. The perception is that the new regulations are being delayed to allow developers to get their applications in under the old regulations. Will the Taoiseach ensure the new regulations are expedited and implemented?
For the past six years this Government and its predecessor have promised the introduction of new laws by way of a criminal justice (sexual offences) Bill. The Minister for Justice and Equality recently published the Heads of a bill which will reform the law on sexual offences and close off some of the gaping loopholes in the monitoring of sex offenders living in communities. When I questioned the Minister for Justice and Equality on this issue in the House she told me that it will be the end of the year before that Bill is published. As such, it is unlikely it will be enacted in the term of office of this Government. This will put women and, in particular, children at risk. Would it be possible to expedite the Child Sexual Offenders (Information and Monitoring) Bill that has already passed Second Stage in this House so as to close off some of those gaping loopholes and facilitate the Garda Síochána in monitoring high risk sex offenders that are living in our communities? It is important that legislation is progressed through the Houses and enacted in the term of office of this Government.
I do not propose to comment on perception about the wind energy regulations. I recently spoke to the Minister for the Environment, Community and Local Government about this issue and I understand from him that the regulations are expected in the not too distant future.
I was told that last year.
On the criminal justice (sexual offences) Bill, I understand it will be published during this session but that it may not be enacted until later in the year. I will check progress in relation to that Bill and advise the Deputy accordingly.
On 28 February last year the then Minister for Justice and Equality informed me that the Coroner's Bill had been restored to the Order Paper but that a review of it was taking place because of the impact of relevant legal and medical developments since its publication in 2007. Have there been any developments in relation to that Bill?
It was published in 2007 but has not progressed in any way since then. I will check on the status of the Bill for Deputy Neville.
There has been much discussion in the past week or ten days in regard to connectivity around Dublin city and the development of a new Luas line to Dublin Airport and so on. There is an urgent need to improve safety on our roads, particularly through the midlands. The completion of the N4 motorway through north-west Meath and Longford is of vital importance.
What Bill is the Deputy inquiring about?
It is important this link is developed in the interests of rural development and safety.
What Bill is the Deputy inquiring about?
When will the road transport and safety Bill come before the House?
It is due later in the year. I know that the Minister for Transport, Tourism and Sport is acutely aware of the difficulties being experienced in the midlands, with particular reference to County Longford.
We have heard a lot of late about Deputy Shatter's efforts to influence the terms of reference for the commission of investigation. Deputy Clare Daly and I tried to influence those terms of reference in regular fashion by way of tabling an amendment. What is the position in relation to that amendment at this stage?
The Government made its decision in respect of the terms of reference, which accurately reflect what Mr. Guerin recommended.
We were allowed to submit an amendment.
The Government has made a clear decision in the matter.
As a Taoiseach who told this House that he is not a Catholic Taoiseach but a Taoiseach who is Catholic I think he would nevertheless accept the virtue of forgiveness in society and the merits of giving people a new start.
However, Ireland remains one of the few countries in the Council of Europe which does not have spent convictions legislation on its statute book. Report and Final Stages were to be taken on Holy Thursday in 2013, but the Bill was pulled at the last minute. When will we see it again and reach Report Stage of this important legislation?
Amendments are still being worked on and the Bill is awaiting Report Stage in this House. I will advise the Deputy of the progress being made on the amendments.
Last Friday, late in the afternoon, the Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015 arrived on our desks. Is the Taoiseach serious about this when there are 140,000 children living below the poverty line? Is he serious when there are 19,000 families on housing waiting lists, 40,000 deeply distressed mortgages and hospital waiting lists of over two years in the public health system? Is he serious about spending time to debate reducing the age of eligibility to stand for the presidency to 21 years of age?
We cannot deal with this matter on the Order of Business.
The Taoiseach should read the newspapers. Is he out of touch?
When is it expected to have a Bill to give a framework to the national ports policy? Today Stena announced it was pulling its ferry services from Dún Laoghaire. In the national ports policy the Government approved and adopted a plan to designate Dún Laoghaire as a marine and leisure tourism harbour. Now, however, it is in no-man's land waiting for legislation, yet Stena has pulled out.
I understand this issue will be dealt with in a Topical Issue debate later today when the Minister will give further details to the Deputy.