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Dáil Éireann díospóireacht -
Tuesday, 17 Feb 2015

Vol. 868 No. 1

Order of Business

It is proposed to take No. 38, Redress for Women Resident in Certain Institutions Bill 2014 - Report and Final Stages (resumed). It is proposed, notwithstanding anything in Standing Orders, that in the event that a division is in progress at the time fixed for taking Private Members’ business, which shall be No. 68, Road Traffic (Amendment) Bill 2015 - Second Stage, Standing Order 121(3) shall not apply and Private Members’ business shall adjourn after 90 minutes and shall, if not previously concluded, be brought to a conclusion after 90 minutes on Wednesday, 18 February 2015. Tomorrow’s business after Oral Questions shall be No. 38, Redress for Women Resident in Certain Institutions Bill 2014 - Report and Final Stages (resumed) and No. 6, Environment (Miscellaneous Provisions) Bill 2014 - Order for Second Stage and Second Stage.

There is one proposal to be put to the House. Is the proposal for dealing with Private Members' business agreed to? Agreed.

We have spoken for a number of weeks about the ongoing accident and emergency crisis in hospitals. The situation has been getting worse. There have been days on which more than 600 patients have not had proper accommodation in our hospitals. The Minister for Health, Deputy Leo Varadkar, does a regular soundbite in which he says he must redouble his efforts and people must move on. Today, there are 55 patients on trolleys in Limerick Regional Hospital, which has cancelled all elective admissions. The same applies to the Mercy Hospital, Drogheda and others. There are 416 patients on trolleys and 135 patients in extra beds on the wards, a total of 551 sick people in unsuitable accommodation. The Health Information Bill is very relevant to this, as is the patient safety (licensing) Bill, which is to provide a mandatory system of licensing for public and private health care facilities. These hospitals are clinically unsafe. It is an urgent issue on which we need action.

The apprenticeship Bill is to provide for the protections and responsibilities that apply to employers and apprenticeships in light of the introduction of new apprenticeships and to provide for new governance arrangements in the apprenticeship, which is a key issue in opening up opportunities for young people. When will the legislation be published?

We have decided on priorities for 41 pieces of legislation for this session.

I do not have dates for the Health Information Bill 2014 or the Patient Safety (Licensing) Bill 2015, but I will advise Deputy Micheál Martin on the progress made in developing the heads of these Bills.

The Minister of State at the Department of Education and Skills, Deputy Damien English, is dealing with the apprenticeship Bill. He is waiting for proposals to be submitted by the end of March and will develop the Bill from there. A new apprenticeship council has been set up and SOLAS is in operation. The Minister of State is very engaged with a different form of flexibility for training modules for trainees and apprentices. I assume there will be a discussion on this issue in the House at an appropriate time.

I wish to refer to the fair deal system, the Child Care (Amendment) Bill 2014 and the Gender Recognition Bill 2014. There is a commitment to a review of the fair deal system and the provision of additional funding each year for the care of older people. According to the Minister of State at the Department of Health, Deputy Kathleen Lynch, there is an annual €30 million funding gap. When will the review which was promised four years ago be published and how will this cost be borne? Will it be borne by families or the State?

I commend the child care professionals who were protesting outside Leinster House today. There is a crisis of low pay and insecurity among workers across the sector. Many receive little more than the minimum wage. When will the Child Care (Amendment) Bill 2014 be published?

On Saturday I was at a rally outside Leinster House which had been organised by LGBT Noise and Transgender Equality Network Ireland, TENI, and citizens deeply concerned at the Government’s proposals included in the Gender Recognition Bill 2014, which Bill is entirely out of line with international good practice. It is at odds with our human rights commitments. It is disrespectful and breaches the human rights of transgender people. When will Second Stage of the Bill be taken in the House? Does the Taoiseach envisage the Bill completing all Stages and becoming law before the general election? Does he accept that the clause that requires married transgender people to divorce as a precondition of recognition is not only insulting but is also at odds with the marriage equality referendum and proposed change to the Constitution?

It is a complex Bill. It is before the Seanad and the Government approved several technical amendments to it a fortnight ago. It will be brought here from the Seanad and I expect it to be implemented in law well before the next general election.

The Child Care (Amendment) Bill 2014 is due to be published this session. The review of the fair deal scheme was promised to be provided within a couple of months. Its implementation may require legislation in terms of a review of the Nursing Home Support Scheme Act 2009 because the scheme is statutorily based.

Deputy Gerry Adams touched on it, but I would like to be stronger on the issue. Thousands of private and community child care workers came from all over the country today to protest about their low pay and conditions. I am very conscious that the Taoiseach is a very busy man, but I appreciate and I am fully sure he knew that they were out there. They came at great expense and disturbance to themselves in taking a day off work.

About what legislation is the Deputy asking?

I was waiting for the Ceann Comhairle to ask that question. I am speaking about the Child Care (Amendment) Bill 2014 and the Government’s commitment in the programme for Government to deal with child care workers, be they private or community. They perform a very important function and I want to know what the Taoiseach has to say about these great people who took a day out of their schedule to come here to protest.

The Deputy should find out about the legislation first.

I would like the Taoiseach to comment also on what he thinks of the people concerned-----

He would be out of order in doing so.

-----and their input to society.

The Deputy is out of order.

I would like to hear what the Taoiseach has to say about the protest today. The issue is very important.

Not on the Order of Business.

The Child Care (Amendment) Bill 2014 is due to be published this session. This morning the Cabinet approved the membership of the low pay commission and its first meeting is to take place by the end of February. It will report to the Government, probably before the summer, on all aspects of low pay, including the issue of child care workers.

The Criminal Procedure Bill 2014 is supposed to provide for reform of pre-trial procedures. When will we see some reform of pre-trial procedures? Since the Government set up the new Court of Appeal, there has been total chaos in the courts, with people going from one court to the other, with new forms to be filled. It is all about form filling. It is confusing, rather than reducing the load on the Supreme Court. I have very practical personal experience of families dealing with it.

It is the Courts Bill 2013.

We can find out when the Bill is being brought forward and then have a Second Stage debate.

Yes, it is the Courts Bill 2013.

The heads of the Criminal Procedure Bill 2014 have been cleared. It will be the back half of the year before the Bill is produced and cleared.

I have a question about the Health (General Practitioner Service) Bill 2014 and one about the implementation of Bills relative to care workers already passed by the House, as well as on the report in the newspapers over the weekend on the alleged sexual abuse that had taken place on the borders of Kilkenny and Waterford over a 20 year period. The matter was reported to the Health Service Executive, but no action was taken. What action can the Government or the Minister now take under the whistleblowers’ legislation when that type of accusation is made, where it is shown that procurement practices have been breached and substantial sums of taxpayers’ money have been paid for reports and, in some cases, to assist in the cover-up of sexual abuse to ensure all of this is brought to a head?

Will the Taoiseach comment on the protest outside Leinster House today-----

The Deputy cannot have a comment.

-----by a Kilkenny family whom he has met about the provision of “Jake’s law”? The case was made to him on the basis of the death of the child in a housing estate and the introduction of speed limits. I am told the Taoiseach may consider the introduction of legislation on this issue. Is that the case? Would he support legislation to bring forward that speed limit to deal with the concerns raised by the family?

I do not have the details of the abuse case mentioned by the Deputy, but I may have read some of them. I will have him advised on the options that are now open, either in respect of the whistleblowers’ legislation or the implementation of Bills already put through. It is a serious matter on which I will advise the Deputy.

I commiserate with and again tender my sympathy to Roseann Brennan on the death of her little son, Jake, who was knocked down by a car and ran to his mother but subsequently died. I met Mrs. Brennan, while the Minister for Transport, Tourism and Sport has met her on, I think, five occasions to discuss this matter. The Government does not intend to oppose the Private Members' Bill this evening. Deputy John McGuinness is aware that several agencies are involved in determining speed limits - the local authority, the Road Transport Authority, the Garda and the Department of the Environment, Community and Local Government and residents. I hope that, where appropriate, very careful reflection will be given to what the Bill is about arising from the sad case Mrs. Brennan has brought to national attention. I was happy to meet her, as was the Minister for Transport, Tourism and Sport. The Government is not opposing the Bill.

What are the current intentions for the proceeds of crime Bill and the Road Traffic Bill 2013 which refers to driving under the influence of drugs? I could not let the occasion pass without mentioning my old favourite, the Bail Bill 2013, which has long been awaited and which I understand is about to make its appearance.

We approved the heads of the second Bill last week at the Cabinet. It is to allow roadside testing where drugs are involved.

Negotiations are still going on with the Criminal Assets Bureau in respect of some elements of the criminal Bill to which the Deputy referred.

The proceeds of crime Bill.

What of the bail Bill?

It is still locked up at present.

I presume it is in the embryonic stages.

I must come back to the Deputy on it.

I understand a merger of Ordnance Survey Ireland, the Valuation Office and the Property Registration Authority is envisaged. When will the Tailte Éireann Bill come before the House to ensure this will happen?

Clearance was given by the Government a few weeks ago for the heads of the Bill to be developed and that work now is ongoing. I assume it will go for pre-legislative discussions at the committee, but I will advise Deputy Frank Feighan of the current state of play.

I wish to raise with the Taoiseach the issue of the four outstanding reports from the Constitutional Convention. I was privileged to be a delegate to that convention and while one could not but be impressed by the superb nature of the organisation of all of it, one was particularly impressed by the commitment of the 66 citizens. Everyone who participated did so on the basis of a timescale the Taoiseach and the Government had outlined. The Government devised and offered that timescale but sadly, none of the deadlines set by the Government in respect of that Constitutional Convention has been met and four reports remain outstanding. This is particularly problematic, not least for the citizen members. I understand the Taoiseach would wish that something be done about that. It has been discussed repeatedly at Whips' meetings and while the Government Whip is anxious to see it moving on, it appears that the Taoiseach's colleagues in government do not share his personal enthusiasm for the reports of the convention.

I do not think that is accurate. There were some what I will call reflections on elements of the reports that had to be considered by some Departments. My understanding is that as these matters have been finalised, there should not be any restriction on naming a date for the discussions in this Chamber about the four outstanding reports. I acknowledge the Government missed the deadlines but some of the reasons were that some issues raised by the Constitutional Convention required detailed discussion within Departments. I agree with the Deputy that the people who served on the convention were absolutely committed to their job and felt privileged to be chosen under the particular system, which allowed ordinary citizens for the first time ever to involve themselves in discussions about the Constitution and about recommending changes to it. Some of these will be decided on by the people at large when the referendums take place.

I wish to ask the Taoiseach whether regulations will be brought forward shortly on wind turbines. Many rural communities are in turmoil at present because companies have made planning applications. These regulations have been promised since before Christmas but January has passed, people still are waiting and there is some angst with regard to applications before the planning authorities and An Bord Pleanála. The regulations in existence come from 2006, when turbines were 50 m high but they now are being regulated on at approximately 160 m. Will the Taoiseach indicate when those regulations will be brought forward?

I will, but I cannot do so today. This involves two Departments, namely, the Departments of Communications, Energy and Natural Resources and the Environment, Community and Local Government. I am aware that they are engaged with each other and I will advise Deputy Lawlor as to what is the current state of play. While there was a commitment to having these regulations published by now, it has not happened because of those negotiations. I will let the Deputy know.

I wish to raise two items of legislation, the first being the Education for Persons with Special Educational Needs, EPSEN, Act 2004. This Act has not been fully enacted and its primary objective was to ensure that children with special educational needs shall be educated in an inclusive environment with children who do not have such needs as long as this is in the best interests of the child. I understand the Minister for Education and Skills has initiated a report into how best to allocate resource hours and special needs assistants because at present, such allocation is highly inconsistent and unfair across the country. Last night, I met a delegation from Down Syndrome Ireland, which is extremely worried about the implementation of this Act. The delegates were extremely worried about a report the Taoiseach's colleague in government was meant to bring forward this week. When will parents of children with special educational needs and when will parents of children with Down's syndrome know how the Government will ensure they will get the required resource hours and special needs assistants? They absolutely need to know this in advance of next September.

The second item of legislation is the health (miscellaneous provisions) Bill. The nurses in the Midland Regional Hospital, Mullingar, which services counties Longford and Westmeath, have voted on industrial action because 60 nurses are needed to bring the hospital to an appropriate level of safety.

Please, Deputy.

When will Members have an opportunity to debate the disastrous consequences of cuts to the health service in the future?

To what Bill is the Deputy referring?

The health (miscellaneous provisions) Bill.

While I do not have a date for the health (miscellaneous provisions) Bill, I can inform the Deputy that approvals have been given for additional staff in Drogheda and Limerick, as well as for paramedics in various locations nationwide and where they are needed.

What about Mullingar?

I cannot give the Deputy an accurate figure on Mullingar but it should be treated no differently from other hospitals.

In respect of the EPSEN Act, it was necessary to conduct a considerable amount of research on those sections. There has been no cutback in resource teachers or special needs teachers and the opposite has been the case. I understand the reason for the delay in this regard was the research it was necessary to carry out into some of those sections of the Act on the part of the Minister for Education and Skills. Obviously, she will make a public statement when she is ready to move on that.

Has the Taoiseach any indication as to when that may be?

I do not, but I will find out for the Deputy.

Within the ambit of the programme for Government and, in particular, the acute crisis facing the new Greek Government, perhaps Members should have a debate in this House about the solidarity they must show in terms of debt sustainability for debtor nations. I do not refer simply to national debt in countries as in Ireland, we have particular problems with non-financial corporate debt and household debt which, when combined in aggregate with national debt, puts us even above Greece which is declared by anybody who knows anything about political economy to be unsustainable.

Members will have seen Cormac Lucey's recent analysis of the up-to-date debt position of this country.

I am sorry, but we cannot debate it now.

A Cheann Comhairle, I brought this matter to the attention of the Minister for Finance, Deputy Michael Noonan, in September 2011.

I know, but this is the Order of Business.

Does the Ceann Comhairle recall the paper by Cecchetti, Mohanty and Zampolli on the real effects of debt, the unsustainability of debt and what happens to a political economy when it is overburdened?

I suggest the Deputy table a Topical Issue.

Is there a question?

Inequality now presents itself-----

We cannot debate the issue in the House.

Is the Deputy asking a question?

The Taoiseach will remember the book I gave him before Christmas 2012, The Price of Inequality, which was worthy of a read.

Will the Deputy, please, recognise the Chair?

It outlines Stiglitz's view about what happens to an economy when education and health come under pressure and the middle economy of ordinary households-----

The Deputy is out of order.

I am sorry, but the Deputy is out of order.

It is just a gentle reminder.

The Deputy has had a good run, but he cannot go on forever.

I acknowledge the Ceann Comhairle has great forbearance as the Chair.

I know. I have been obliged to listen.

I am appealing to his forbearance to allow me to remind the Taoiseach of these hugely important matters.

Yes, but we cannot do this on the Order of Business. Table a Topical Issue and I certainly will consider it for the Deputy.

It has gone forward as a Topical Issue, but it has not been drawn.

Just keep it there and it will come eventually.

I understand the pressure.

I will look at it tomorrow for the Deputy.

We should show solidarity with Greece. Mr. Tsipras and Mr. Varoufakis are worthy people.

Please, Deputy.

Are we going to show solidarity and will Members have a debate?

I met the Greek Prime Minister the other day and we had a discussion.

I am sorry, but we must deal with that issue in some other way.

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