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Dáil Éireann díospóireacht -
Tuesday, 19 May 2015

Vol. 879 No. 1

Order of Business

It is proposed, notwithstanding anything in Standing Orders, that Private Members’ business which shall be No. 65 – Thirty-fourth Amendment of the Constitution (Economic, Social and Cultural Rights) Bill 2014 – Second Stage, shall be taken on the conclusion of Topical Issues and shall, if not previously concluded, be brought to a conclusion after three hours. It is also proposed, notwithstanding anything in Standing Orders, that the Dáil on its rising tonight shall adjourn until Tuesday, 26 May 2015 at 2 p.m.

There are two proposals to be put to the House. Is the proposal for dealing with Private Members' business agreed to? Agreed. Is the proposal that the Dáil on its rising tonight shall adjourn until Tuesday, 26 May 2015 at 2 p.m. agreed?

I wish to express on behalf of my party some concern at the fact that we are adjourning until next Tuesday. I understand the importance of the referendums the people will vote on this Friday and the by-election in Carlow-Kilkenny, but I am conscious that today we have no legislation other than the Bill before us in Private Members' business, we went blank on a few occasions last week, and the previous week we had the orgy of self-congratulation on the part of the Government, clapping itself on the back in respect of the spring statement. While I appreciate that we have had far more sittings in recent years than we have had in the past, we have not seen the democratic revolution we were promised. In that respect, I have some concern about the proposal before us.

I understand this was agreed with the Whips. It is usual that we would make time available for Deputies to return to their constituencies ahead of a referendum of this nature. It is an important decision that people are making and it is not unprecedented to provide time for Deputies to be in their constituencies. Certainly, my Department has legislation which we are only too pleased to bring to the House, so I assure the Deputy that our appetite for legislation is as good as ever.

Is the proposal agreed? Agreed.

I will return to an issue I have raised twice in the House in recent weeks. The Government has yet to make a decision to sign the Istanbul Convention. It is a very important international convention, which aims to combat violence against women. Allied to that is the need for this country to bring forward the legislation we have been promised in the area of domestic violence and, in the allied area of family law, to establish a dedicated family court. I have made the point that it is a welcome and positive political development that there are more women at the Cabinet table than ever in the history of the State. That is why it strikes me as particularly ironic that in the area of combating violence against women and domestic violence - we know women are not the only victims of domestic violence-----

The Deputy's contribution must be on the Order of Business.

It is on the Order of Business, because it is an international convention and there are two very specific pieces of legislation around the family courts and domestic violence. When I raised this with the Tánaiste recently, she was not able to give us a clear timeline on the two pieces of legislation or in respect of the Istanbul Convention. Is the Minister, Deputy Bruton, in a better position?

I understand the Department of Justice and Equality is organising a reply to Deputy Ó Fearghaíl, which will be with him shortly. There is work going on regarding domestic violence and family court legislation. As the Deputy knows, the Department of Justice and Equality has a very full agenda of legislation but I am assured that work is ongoing on those matters. However, it is not possible to give the Deputy a precise date at this point.

I wish to raise one issue relating to legislation and one scheduling matter. The Bill to transfer the digital hub to Dublin City Council was on the list as a stand-alone Bill. It is not mentioned as an item under any of the legislation lists, so I am trying to figure out what legislation is going to be presented to allow that to happen. It was something the Government said it would introduce. As Minister for Jobs, Enterprise and Innovation, Deputy Bruton might understand which legislation that comes under.

The second issue is of major concern to this House, which set up a good experiment in participatory democracy in 2012, namely, the Constitutional Convention. I took part in it, as did many others. It was an enjoyable debate and it tested everyone who attended. However, a commitment was given by this House that the reports of that convention would be discussed in this House within four months of them being produced. The convention finished in February 2014 and the last report was published on 31 March 2014. By July 2014, we should have finished our deliberations on it and the Government could have issued its response to those recommendations. As far as I know, there are four reports outstanding for debate in this House, awaiting formal discussion in the Dáil, as the institution that can bring about the recommendations of that convention. When will we have a full discussion on the remaining reports from the Constitutional Convention?

When will some of the referendums that have already been agreed by the Government take place? Given that two referendums are taking place this week, it would be a signal to the population that the Government is taking the deliberations of the Constitutional Convention seriously if deliberations on further referendums were announced.

I will have to check with the Minister for Communications, Energy and Natural Resources, Deputy White, whether the Digital Hub is established under legislation and whether enabling legislation is required for the transfer to be made. I will get back to Deputy Ó Snodaigh on the matter. I understand it is planned to schedule debates on the reports of the Constitutional Convention. They will be scheduled in the coming weeks. It will be up to the Government to decide whether there will be further referendums on foot of those recommendations.

Could I ask the Minister about the health (transport support) Bill? Many disabled people around the country cannot access public transport because of the location in which they live, their particular disability or their individual or family circumstances. That is a tragedy for them and causes them considerable personal difficulty. I am anxious for the legislation to come to the House quickly in order that we can resolve the difficulty and make direct payments to people with disabilities who are affected. It is quite a problem in the constituency I represent, Cavan-Monaghan, and, I am sure, in many other areas of the country.

The Department of Health is working on policy proposals in this area, but at the moment it is not possible to indicate a date when the legislation will be published.

I ask that home care and home help services be revisited under the health equality legislation. Serious issues arise in County Kerry, where home help hours are being slashed without any sympathy for the affected people. Patients want to live in their own homes. It is also an injustice to those who provide home help, who are doing their level best to provide a high-quality service with reduced hours. This is a wonderful service which keeps people out of long-term residential care. Could the Minister for Jobs, Enterprise and Innovation, Deputy Bruton, convey the message to the Taoiseach and the Minister for Health-----

To what Bill is the Deputy referring?

I ask that there be some intervention. I inquired about the matter previously during Leaders' Questions. Notices are still going out.

We will see what the Minister has to say.

People are being provided with diminishing hours. What will happen is that more hospital care will be required and more long-term care.

The matter sounds like a Topical Issue.

It is good value for money. I would welcome a positive statement from the Minister.

He cannot make a statement on the Order of Business.

I do not see any legislation on the list in respect of the matter raised by Deputy Fleming. The provision of home care is more of a budgetary matter. I am aware that the Minister recently made extra funding available for home care packages in an attempt to assist in this area.

I wish to ask about three pieces of legislation. No. 15 on the Order Paper is the planning and development (No. 1) Bill, which aims to support the actions of Construction 2020. No. 23 is the credit guarantee (amendment) Bill. I also wish to inquire about No. 57, the family leave Bill, which will consolidate the amendments required for all the family leave legislation.

The planning and development (No. 1) Bill is expected shortly. Very good progress is being made in the drafting of the credit guarantee (amendment) Bill and I am hopeful that it will be available this session. The family leave Bill is due later in the year.

That is very encouraging. I thank the Minister.

The Minister for the Environment, Community and Local Government, Deputy Alan Kelly, announced at the Labour Party conference that he was considering the introduction of rent certainty for private tenants. Could the Minister indicate whether any proposal has been brought forward, if the matter been discussed by Cabinet, or if there are any plans to introduce legislation?

Is any legislation promised?

I do not think legislation is promised at this point. The Government has a construction strategy and it is considering many issues, but no promised legislation in that regard is on the list.

Equality is a buzzword at the moment. DESSA is the Disability Equality Specialist Support Agency. People might not realise that the Minister, Deputy Reilly, has completely cut funding to this core service, which provides essential nationwide services and supports to the families of disabled children.

Deputy Healy-Rae is straying a bit.

Commitments were given in the programme for Government. Could the Minister explain how one can rationalise what was outlined in the programme for Government compared to what the Minister, Deputy Reilly, has done in recent days?

With your indulgence, a Cheann Comhairle, like my colleague, I wish to inquire about a second issue, namely, the health equality legislation. I wish to highlight the fact that the Government Chief Whip, the Taoiseach and all of this mighty Government have cut funding from €79 million-----

This is the Order of Business.

-----to €38 million. The funding was for services for disabled people in their homes and was allocated through local authorities.

Deputy Healy-Rae is really straying now.

Funding has been cut for people who want to get a grant to put in a shower in their house.

I am sorry, but the Deputy should please desist. He has had a good run and he should not abuse it.

That funding has been cut from €79 million to €38 million.

This is the Order of Business.

Deputy Healy-Rae is a mighty man.

This is the Order of Business.

I refer to health equality legislation.

No. This is the Order of Business. We deal with promised legislation.

Former Members of this House cut a lot too.

I am not aware of any proposed health equality legislation.

Could I ask the Minister about the health (miscellaneous provisions) Bill? Only 2% of GPs have signed up for the new GP contract for children aged under six.

That is wrong.

What contingency plans does the Government have-----

The figures quoted are incorrect.

They are the figures I have. The Minister of State, Deputy Kehoe, can quote his own figures.

We will not get into figures.

What contingency plans does the Government have for the 140,000 children who may be removed from GPs in my constituency in Tipperary and ##will have no transport or access to another GP?

We will not get into a discussion on the matter now.

Deputy McGrath is wrong.

This is a time bomb waiting to go off.

The Deputy should ask a parliamentary question.

I wish to raise another matter.

Deputy Noel Coonan has the updated figures.

I wish to inquire about the electoral commission Bill. Vast sums of money have been invested by Atlantic Philanthropies in the three organisations that constitute the Yes Equality campaign. Will the Bill be introduced or will the Government allow such undue interference in the democratic process right up to the referendum?

When is the Bill due?

That is more misinformation.

Excuse me. It is not more misinformation.

The key issues relating to the health (miscellaneous provisions) Bill have been identified and options are being examined. The Bill relates to indemnity to provide for an appeal against minor sanctions and possible amendments arising from the Corbally judgment. It is not possible at this stage to indicate the Bill's publication date.

I have a third issue to raise.

Deputy McGrath should stick to promised legislation.

I will. My two colleagues on the Independent benches have raised the matter of lone parents in south Tipperary. Tusla has cut funding to lone parents completely. They got their last cheque.

Deputy McGrath, please.

The matter relates to the Children First Bill 2014.

Could Deputy McGrath please adhere to the rulings of the Chair? He knows he is out of order. It is happening every day.

Deputy McGrath is out of order. We are discussing promised legislation.

The last cheque has been paid. Funding has been cut to lone parents and families.

That is fine. The Deputy should raise the matter some other way. I call Deputy Naughten.

In recent days, more than 1,000 farmers across the country have attended meetings on the new beef genomics scheme, which is causing absolute chaos at present. Could I ask the Minister whether, in the context of No. 50 on the Order Paper, namely, statements on Common Agricultural Policy reform, we can have an emergency discussion in the House? Suckler farmers are being squeezed out of existence due to the red tape and complexity of the new scheme. The closing date for the scheme is next Friday week. We need clarity on the matter. The Minister must come to the House to make amendments to the scheme in order to make it workable, because agricultural specialists across the country could not fathom many of the provisions in the scheme, not to mind suckler farmers throughout the country.

Urgent action is needed on this and I hope we can have a debate on it tonight.

It is not promised legislation and obviously I will not advise the Chair. A parliamentary question or a Topical Issue might be the best way of proceeding.

It is No. 50 on the Order Paper.

It is resumed statements.

It is within my jurisdiction to ask about anything on the Order Paper.

Perhaps it is a matter we should refer to the Whips. I do not have a briefing on when it is intended to resume those statements.

Next week will be too late.

In the meantime perhaps the Deputy could table a parliamentary question or a Topical Issue.

The Dáil is not sitting for the rest of this week.

There are three promised legislative measures: the criminal procedure Bill to change pre-trial procedures; the Garda Síochána (compensation for malicious injuries) Bill and the Red Cross (amendment) Bill. To what extent has each of them been cleared by the Cabinet and when are they likely to be brought before the House?

The heads of the first two have been cleared, but the heads of the Red Cross legislation have not been cleared. Two out of three is not bad.

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