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Dáil Éireann díospóireacht -
Tuesday, 31 Mar 2015

Vol. 873 No. 1

Order of Business

It is proposed to take No. 36, Valuation (Amendment) (No. 2) Bill 2012 [Seanad] - Order for Report, Report and Final Stages.

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. tonight and shall adjourn on the adjournment of Private Members’ business, which shall be No. 187 – motion re residential mortgage interest rates, and shall, if not previously concluded, adjourn after 90 minutes.

Tomorrow’s business after Oral Questions shall be No. 37, Social Welfare (Miscellaneous Provisions) Bill 2015 - Order for Report, Report and Final Stages.

There is one proposal to be put to the House. Is the proposal regarding the late sitting agreed? Agreed.

The Taoiseach said he would write to me about proposed legislation. This legislation refers to the Government commitment to bring "to an end the unacceptable Executive practice where no record is kept of ministerial involvement with an issue and resulting decisions". The Taoiseach could not answer that basic point last week. In total, 23 meetings took place between Bord Gáis and the Department of the Environment, Community and Local Government between April and September 2012 on Irish Water, of which just ten had minutes. Of those ten, half had just one typed page of notes. There were two meetings between the former Minister, Phil Hogan, and Ms Hynes later in 2012 which were not minuted. In total, four meetings between the former Minister, Phil Hogan, and Bord Gáis officials were not recorded.

The level of non-compliance engaged in by the former Minister in his discussions with Bord Gáis and Irish Water itself regarding the formation of Irish Water is extraordinary. All of this has been revealed by RTE’s "This Week" programme. No minutes or notes were taken at at least half of all meetings between the Department and Bord Gáis. What was going on? Why were all these meetings being held?

This is the Order of Business.

The former Minister, Phil Hogan, met with Ms Hynes in his ministerial office here with no civil servants in attendance and no notes taken. This is such a serious matter that the Taoiseach should make a statement to the House as to how that occurred. Huge amounts of public expenditure has been involved. It has been a huge debacle.

It has cost the country a fortune. The net revenue will be about €25 million in the end. It has been one botched episode after another. The Taoiseach said on page three of the programme for Government four years ago that this legislation would come in. Why was it not brought in four years ago?

The Deputy should look at his own record.

I am talking about the Government’s record. It made this commitment on page three of its programme for Government. Last week, the Taoiseach did not answer me because he probably did not even realise it was there.

Deputy Martin should look at his own record in the Department of Health.

I want an answer to it. It does necessitate a statement.

Under the Voluntary Health Insurance Acts of 1996 and 2008, the Minister for Health, Deputy Varadkar, brought forward SI 613 of 2014, which gave today as the appointed date for VHI to make an application for authorisation by the Central Bank of Ireland. Is this happening or has the Minister authorised a new statutory instrument?

When can we expect the Water Services Bill?

I expect the Water Services Bill after Easter, as I indicated last week.

Work is proceeding in respect of the authorisation of VHI. Discussions with the authorities are ongoing in that regard.

In respect of meetings and Irish Water, the Department of the Environment, Community and Local Government, Irish Water and the regulator have been involved. Any decision that needed to be made in respect of Irish Water was brought to Cabinet on a proposal by the Minister for the Environment, Community and Local Government and it was a Cabinet decision. The Government is responsible for decisions in respect of signing off on Irish Water-----

They left the Government the mess.

-----just as the independent regulator also had responsibilities in respect of certain matters there. This has been aired a number of times in the media and the Minister for the Environment, Community and Local Government has responded clearly and decisively in respect of the measures taken and how the decisions were made and signed off on by Government. I sent Deputy Martin a letter today.

On a point of order. I asked a basic question about when the legislation committed to by the Government in its statement that "we will bring to an end the unacceptable Executive practice where no record is kept of ministerial involvement with an issue and resulting decisions" will be introduced? Would the Taoiseach please answer that question?

I sent Deputy Martin a letter today.

This is my second week in a row asking this question and the Taoiseach waffles on about something else that I did not ask at all.

A letter has been sent to the Deputy.

The Deputy asked me what was going on about meetings with no minutes.

Yes, he did.

Deputy Martin should resume his seat.

I simply asked the Taoiseach when that legislation is coming in and why so many meetings were held with no minutes.

Exactly what legislation are we talking about?

The Taoiseach committed to legislation to "end the unacceptable Executive practice where no record was kept of ministerial involvement with an issue and resulting decisions".

There is the letter I sent the Deputy today.

"We will legislate for reform", it says here.

The letter was sent to Deputy Martin today, according to the Taoiseach.

On this matter of no minutes of meetings, the Minister charged with bringing in Irish Water, an Teachta Fergus O’Dowd, said that he did not know that private consultants got €85 million of taxpayers’ money, so it is important that Paddy gets to know the answers to these questions. My questions on the Order of Business are about the national monuments Bill, the review of the fair deal system, agus tá an cheist deireanach about the international protection Bill.

This morning, the Cabinet decided to purchase the national monument at 14-17 Moore Street. I welcome that and I commend the relatives of the 1916 leaders, because without their diligence, this decision would never have been taken. There were years of dithering by successive Governments. This year, a poor and deservedly criticised 2016 centenary programme was published. This, at last, is a step in the right direction. Does the Taoiseach expect the commemorative centre to be open by April of next year for the centenary? Will he speedily establish an independent battlefield survey? Will the comprehensive strategy put in place by the Minister involve the entire terrace-----

We cannot go into detail now.

-----and the 1916 revolutionary quarter which has been proposed? Will the Government engage in the widest consultation to ensure the battlefield site, that is, all of Moore Street and the lanes of history, is properly developed? When will the national monument Bill be published?

We have been told, week in, week out, that the review of the fair deal system is on its way. This morning, there were 501 citizens on trolleys and again in Our Lady of Lourdes yesterday there were 54 and today 52 citizens on trolleys. In February, 9,600 people were on trolleys. We all understand that the provision of additional bed capacity and the reform of the fair deal nursing home scheme to facilitate the resolution of problems with delayed discharges are key to resolving this issue. Given the older population and the number of citizens who are dependent on care provided by nursing homes, this delay is baffling. Last month, the Minister said the review was on the Secretary General’s desk.

That was last month. When will it be published and will the Government allocate time to debate it?

Last week the Government published the heads of the international protection Bill, which is intended to reform the direct provision system through the creation of a single application procedure. Within 48 hours the CEO of the Irish Refugee Council, Sue Conlan, resigned from the McMahon working group because she stated the working group is not allowed have sight of or discuss the Bill about which she has expressed reservations. The Taoiseach previously told me the report by the working group chaired by Mr. Justice Bryan McMahon will be published by Easter. It is only a few days before Easter. Will it be published before then? When will the report be given to the Minister? Will the Taoiseach commit to a debate in the Dáil when it is published? Will he commit to a firm date for the publication of the international protection Bill as well?

The international protection Bill to which the Deputy referred has gone for pre-legislative scrutiny at committee. I met Mr. Justice McMahon recently at a function. He and his group have been working exceptionally hard on this matter, which is quite complex. The report is not completed yet but I fully accept what Mr. Justice McMahon has stated, that he will produce it as quickly as he can. I commend him on his efforts to date with his group.

The Minister for Health along with the Minister for Public Expenditure and Reform has made some resources available which should ensure the fair deal waiting list is down to approximately four to five weeks which would be acceptable in all circumstances. The review will be presented by the Minister. I cannot give the Deputy an accurate date for it but it is his intention to deal with it.

The national monuments Bill is for publication later this year. With regard to the question on Nos. 14 to 17 Moore Street, it is a national monument. Attempts have been made to deal with the issue over the past dozen years, but it is not all within the remit of Government as the Deputy is aware, as it also involves Dublin City Council and various owners, planning permission, objections and court cases. I am glad to say it was possible, with the assistance of the Minister for Public Expenditure and Reform, to be able to purchase the site and put it in public ownership where it can be dealt with comprehensively as a national monument. This does not deal with the statutory responsibilities of Dublin City Council, planning authorities and the area around it, which is very important given the history of 1916 and what happened there. The Minister for Arts, Heritage and the Gaeltacht will lead this and she will discuss how best to present what will become public ownership of Nos. 14 to 17 Moore Street, where the decision was made to effect a surrender, and how it will be made available for members of the public and visitors and in what format given that it is a protected structure and will be publicly owned as a national monument. The question of the battlefield is being discussed and I am quite sure the Minister will be willing to listen to propositions about it, but for now this is a clear decision in respect of Nos. 14 to 17 Moore Street, which is a national monument and is becoming a publicly owned national monument. I thank the very many people over the years who have consistently made the case that this is an important building and a seminal moment in Irish history. I am glad it has been possible for the Government to put it in public ownership and discuss how best it can be presented for the next 100 years as the location where those who rose and fought and were executed made the decision to end the 1916 Rising.

Is the Taoiseach aware that ESB Networks has contacted all electricity meter readers telling them that in future contracts will be awarded for large geographical areas?

All of that is very interesting but what legislation is it on?

The energy (miscellaneous provisions) Bill. This will cost local jobs, in particular in rural Ireland. Meter readers have given excellent service for decades.

The Deputy has made his point.

It is a shame if they are to lose their jobs which have been valuable to them and their families for many years. The Minister for Social Protection can help because she can ensure their status can be changed to full-time employees.

Perhaps the Deputy can table a question to her.

I did table a question to her last week.

The heads of the Bill are practically completed and when it is approved by the Government, it will go for legislative scrutiny at the committee.

As minimum unit pricing continues to affect many hard-pressed publicans in my constituency of Sligo-North Leitrim, when can we expect the public health (alcohol) Bill to be brought before the House for debate?

It is going through legislative scrutiny at present. The important point is the decision has been made that minimum unit pricing should be introduced here at the same time as in Northern Ireland to avoid consequences for cross-Border trade.

Good communications and transport links are key to delivering regional jobs and the development of our economy which is very important.

Very important.

It is important we have growth in rural areas as well as in urban areas. When can we expect the roads (amendment) Bill to provide for the transfer to the National Roads Authority of responsibility for certain roads which are currently under the remit of local authorities?

Deputy Bannon speaks like a man who is about to get some good news in respect of roads. The Bill is due later in the year.

We need a revised scheme to compensate gardaí who are maliciously injured doing their work. When will the Garda Síochána (compensation for malicious injuries) Bill come before the House?

Later this year.

With regard to the planning and development (No. 1) Bill and the planning and development (No. 2) Bill, before he set off for St. Patrick's Day, I mentioned to the Taoiseach that 40 families were awaiting emergency accommodation and living on the street or with friends or relatives. That evening the Taoiseach visited a homeless project, but he did nothing about it. Yesterday at least 40 families presented as homeless at a centre on Parkgate Street, but there was nothing there for them. When will the Taoiseach take emergency measures to respond to this horrendous situation, with a 50% increase in rents and hundreds of families in the city facing homelessness?

I went to the all-night café and met every resident there.

I was very impressed by the way the young staff run the centre. It has been quite an innovative and very worthwhile operation. Both Bills mentioned by the Deputy are due this session.

What about the substantive issue? Come on.

That is a separate issue. The Deputy can table a question on it.

The Taoiseach launched something today about a new proclamation. We would love if he stood by some of the people mentioned in the last proclamation.

This is not a history lesson.

He will send out Fine Gael Deputies to visit small business people, who can no longer be ignored or discriminated against. Together with Deputy Healy Rae, I sought a Topical Issue debate on post offices. They are all run by self-employed people. The Tánaiste, Deputy Burton, is telling people to go away from post offices but the Taoiseach is talking about protecting small businesses-----

What legislation?

-----and that it is going to be in the proclamation that small businesses must be supported. Are the Taoiseach and Tánaiste talking at all? Are they living on the same planet?

Sorry, Deputy-----

This is serious.

What legislation are you talking about?

The communications regulation (postal services) (amendment) Bill. I am asking for common sense legislation. The Taoiseach is talking about a new proclamation but he does not even understand the one he has. He is not on speaking terms with his Tánaiste and one hand does not know what the other is doing.

The Mattie McGrath Bill.

No, it is not. I have Bills but the Government ignores them. I had Bills on scrap metal and other issues but the Government never introduced them.

Sit down, please.

Will the Taoiseach protect small businesses and rural post offices and all postmasters-----

The communications regulation (postal services) (amendment) Bill.

-----or is he confused and mixed up?

The Government has approved the legislation in respect of the postcode system, which will be introduced later this year.

Europe is not happy with it.

That does not have an impact on anyone's current address or townland or whatever. It gives a very accurate individual location, which is going to help gardaí, fire brigades, ambulances and all the other services that operate in rural and urban Ireland.

It might help the Taoiseach's canvassers when they are trying to find the people.

Deputy McGrath is a little off the mark in talking about a new proclamation.

I am just reading something the Government announced today.

The Deputy should not believe everything he reads in the newspapers.

What is involved is an exercise at school level. Primary and post-primary students will be able to reflect on the existing Proclamation-----

The Government might bring the voting age down to 14 for them.

-----and write a version for 2016 based on their values-----

The Taoiseach obviously got it out the wrong way today.

-----and their impressions of our country as it starts off a new century.

It is the Taoiseach's spin doctors who are confused so.

Why is the Tánaiste trying to close our post offices?

The Deputy has a vested interest.

I would like to make a point of information. Last week, in reply to a question asked by Deputy Martin about Leader funding, the Taoiseach made the point that 33% of the funding was going on administration. That is not correct. I ask the Taoiseach to correct the record.

Sorry, you will have to find some other way of doing this.

This is very important for rural Ireland.

I know, but you can table a parliamentary question.

The EU regulations state that one cannot spend more than 20% of Leader funding on administration. I would like the Taoiseach to correct the record of the House.

I accept that not all the Leader groups have that high level of administration. The authorities made the point that there was an excessive level of administrative costs involved.

The groups cannot devote more than 20% of their funds to these purposes. The Taoiseach undermined them and misled people. He does this all the time.

It is nasty stuff.

I would like to ask a question about the Government's housing and homelessness strategy. I was horrified to find out an hour ago that a rough sleeper who intends to sleep on the streets of Dublin tonight was told today by Focus Ireland that it has no dry, fresh sleeping bags to give them. If we are talking about a housing strategy, we should be aware that it is horrendous that someone cannot get a sleeping bag to sleep rough tonight in this weather. I know the Taoiseach will be horrified to hear that a person who went to Focus Ireland to seek a sleeping bag was refused one because Focus Ireland has none available. The person was told that Focus Ireland might be able to meet them tonight at 7 to give them a sleeping bag. It is a horrendous situation to be in.

It is not strictly in order.

The Government has made a series of changes to deal with homelessness, having regard both to rough sleepers and to those who find themselves homeless for other reasons. Perhaps Deputy Collins will give me the details of the person she has come across. This should not happen. There are many opportunities to cater for rough sleepers. This is happening every night when the count is made. There are locations that one can call to ensure a sleeping bag is provided for a rough sleeper that one has come across.

A Cheann Comhairle, in view of the misinformation given by the Taoiseach last week, could you advise me of how a Deputy can ensure factually incorrect information that is given by a member of the Government on the record of the House is corrected on the record of the House?

Tarlaíonn sé gach lá.

There is a major problem with this Government and the Taoiseach giving out factually incorrect information.

If you just drop me a note of the details, I will look at it.

When previous Governments realised that factually incorrect information had been placed on the record, they corrected it. Will you, a Cheann Comhairle, meet me in your office to advise me how we can ensure-----

(Interruptions).

What is so funny?

Would you give me a note of the details?

Will you go to the Deputy's office, a Cheann Comhairle?

What about the ten-year derogation?

It is very difficult to hear you, a Cheann Comhairle.

I call Deputy McGuinness.

What about the runway on the Aran Islands that has weeds growing through it?

I ask Deputy Ó Cuív to resume his seat.

Will you meet me to discuss the matter?

Give me the details first. I have called Deputy McGuinness.

Of course I will give you the details.

Fianna Fáil has a new leader.

Would you please resume your seat?

Do you not consider it important-----

You are totally out of order.

-----that the record of the House is correct?

Resume your seat, Deputy.

Do you not consider it important-----

Resume your seat and do not be play-acting.

-----that the Government is called to order?

The Deputy wants to go on Galway Bay FM.

I have called Deputy McGuinness but he does not want to know.

They are competing for the leadership.

I would like to ask the Taoiseach about the two senior counsel and the other members of the group that was appointed to look over such cases as the Shane O'Farrell case.

Sorry, Deputy. This is out of order on the Order of Business.

It is not, actually.

You know it is.

They were to report in October 2014. That time was extended because of other cases. Will the Taoiseach ensure the cases that were there before the other cases were added will be reported on? This is necessary because of the trauma, sadness and everything else that is affecting the lives of people like Lucia O'Farrell. Can the Taoiseach tell me whether the Minister for Justice and Equality will bring forward legislation or a regulation whereby the complaints of alleged corruption within the Office of the Director of Public Prosecutions will be dealt with in order that clarification can be brought to the correspondence sent to him by Lucia O'Farrell? Will he do something about her case and the others that were investigated first to give them priority?

Deputy, this is the Order of Business. You know that. You are a long time in this House.

Can you do that, Taoiseach?

Hold it a second, Deputy. You speak through the Chair. You are a long time in this House. You know the rules as well as I do, so please adhere to them. If you have a problem, table a parliamentary question-----

It will be disqualified.

-----or table it on Topical Issue matters.

We cannot get them.

On a point of order-----

What point of order is it?

-----parliamentary questions were tabled on this.

The information in the parliamentary questions related to legislation and other matters that can only be dealt with in here.

Yes, but not on the Order of Business.

We are dealing with serious cases that have been given to this group.

We cannot deal with them on the Order of Business. Will you resume your seat?

A commitment was given to this House that a report would be made within a period up to October 2014.

This is the Order of Business.

I have to be fair to everyone.

Deal with the Order of Business then, because this commitment was given.

Would you sit down, please?

I am asking the Taoiseach whether he will ensure these cases are dealt with as a matter of priority-----

Deputy, I will not ask you a second time.

-----and Lucia O'Farrell and others are given justice because they have made serious complaints.

Deputy, you are a Chairman of a committee. Would you show respect to the Chair? Sit down, please.

I am asking the Taoiseach to make a statement on the matter today.

The Deputy wants to go on a holiday.

He has the correspondence.

Deputy McGuinness, would you leave the House, please? Leave the House, please.

He wants an early holiday.

Leave the House. Please, leave the House. You are totally ignoring the Chair. Leave the House. Leave the House, I said.

A Cheann Comhairle, ask the Taoiseach to answer the question.

Do you want me to name you?

You can name me if you like.

Leave the House. You are a Chairman of a committee and you know the protocol.

That has nothing to do with what I am raising, a Cheann Comhairle.

Sit down or leave the House.

I am asking you to-----

Leave the House so. Go on.

Take an early holiday.

-----direct the Taoiseach to answer the question.

No, I certainly will not. It is totally out of order.

How are we going to get the information if I cannot get it by way of parliamentary question?

Would you leave the House? Do you want me to name you?

No, I would ask you to name the Taoiseach and ask him to answer the question.

Do you want me to name you? Would you please leave the House?

No. Ask him to answer the question.

There are lots of leaders here today.

Deputy, would you leave the House? I have already asked you.

I will leave the House in respect of your position.

Well, leave. Thank you.

I ask you to ask the Taoiseach to please answer the question.

You know yourself how to go about these things.

I do, and they do not work.

Not on the Order of Business.

You do not make it work either.

That is very insulting, is it not?

I do not know. It is probably accurate though.

You should be ashamed of yourself.

Shame on the Deputy.

His leader should dissociate himself from that outburst.

I call Deputy Durkan.

The Garda Síochána (compensation for malicious injuries) Bill is promised legislation. When is it expected that it will be brought before the House? Have the heads of the Bill been discussed already?

The heads of that Bill have been cleared. The Bill is due for publication later this year. I might say in respect of the other matter that the Minister for Justice and Equality will be responding to those people inside a short term.

I thank the Taoiseach.

I am going to ask the Clerk of the House to issue during the Easter break details of what can and cannot be asked on the Order of Business.

When we return, I expect people to adhere to those rules. I do not want this sort of carry-on, and people abusing the Chair. I am simply trying to apply the rules. If you want to change the rules, please bring it to the Committee on Procedure and Privileges and change them, but do not ask me to try to adhere to a set of rules and then be abused by that sort of behaviour that just left the Chamber. I will not accept it.

Hear, hear. He is under pressure.

He is on the flight to his holiday.

I ask you, Deputy Martin, as the leader of your party, to have words with him, please. Thank you.

That might not be very effective.

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