Dáil Éireann díospóireacht -
Wednesday, 10 Jun 2015

Vol. 881 No. 2

Order of Business

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

It is proposed to take No. 18a, motion re proposed approval by Dáil Éireann of the draft commission of investigation (certain matters concerning transactions entered into by IBRC) Order 2015 (resumed); No. 5, Industrial Relations (Amendment) Bill 2015 - Order for Second Stage and Second Stage; No. 6, Communications Regulation (Postal Services) (Amendment) Bill 2015 - Order for Second Stage and Second Stage; No. 7, Urban Regeneration and Housing Bill 2015 - Order for Second Stage and Second Stage; No. 42, Health (General Practitioner Service) Bill 2015 - Order for Report, Report and Final Stages, to be taken at 6.10 p.m. tonight and the Order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn on the conclusion of Topical Issues, which shall take place on the conclusion of Private Members’ business; and Private Members’ business, which shall be No. 75, Central Bank (Mortgage Interest Rates) Bill 2015 - Second Stage, shall be taken at 6.30 p.m. tonight and shall, if not previously concluded, be brought to a conclusion after three hours.

Tomorrow’s Business after Oral Questions shall be No. 5, Industrial Relations (Amendment) Bill 2015 - Order for Second Stage and Second Stage; No. 6, Communications Regulation (Postal Services) (Amendment) Bill 2015 - Order for Second Stage and Second Stage; and No. 7, Urban Regeneration and Housing Bill 2015 - Order for Second Stage and Second Stage.

An Ceann Comhairle

Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

Deputy Micheál Martin

Over the last two weeks, people have been genuinely taken aback by the situation pertaining to two 101 year old women who were kept on trolleys in accident and emergency departments for an extraordinary length of time. We have seen the figures for waiting lists getting much worse month by month. Our health system is in crisis, particularly in terms of information and data. The Minister for Health has promised a raft of legislation pertaining to our health service in the programme for Government. The Government has been committed to the health information Bill for the last four years in terms of enabling us to properly assess and analyse what is happening within the service. It would be helpful if the Minister, Deputy Bruton, could indicate a timeline for that Bill. Could he also indicate when legislation pertaining to patient safety and the patient safety authority will be forthcoming?

Deputy Richard Bruton

The Minister for Health will shortly be introducing a revised general scheme of the health information Bill in view of policy developments. It is not possible to indicate at this stage when it will be published. The heads of the Bill were approved some time ago.

Deputy Micheál Martin

Will the Minister give me the date?

Deputy Richard Bruton

The date is 2009.

Deputy Micheál Martin

Is it ever going to happen?

Deputy Gerry Adams

Tá ceist agam faoi the electoral commission Bill agus ceann eile faoi the Charities Regulatory Authority.

An Ceann Comhairle

Gabh mo leithscéal? Was that the charities Bill?

Deputy Gerry Adams

The Charities Regulatory Authority and the Charities Act 2009. On the electoral commission Bill, the Minister will know the Convention on the Constitution addressed reform of the Dáil electoral system in its fourth report, that the Government published a consultation paper on this and that it was discussed by the Joint Committee on the Environment, Culture and the Gaeltacht in March and that the Minister for the Environment, Community and Local Government has described it as of the highest priority for the Government. However, we still have not got it. When will the electoral commission Bill be published?

On the Charities Act 2009 and the Charities Regulatory Authority, there have been a number of controversies around the management of charities recently, as was most obvious in the case of the Central Remedial Clinic. The Minister for Justice and Equality established the position of charities regulator in 2012, which we supported, and the board was set up in April 2014. However, the part of the Charities Act which gives the regulatory authority statutory powers with respect to charitable organisations has yet to commence. Subsequently, the authority does not have the power or the resources to conduct such investigations. When will the Government deal with this matter?

Deputy Richard Bruton

In respect of the electoral commission Bill, a consultation paper was published on 27 January this year and sent, as the Deputy said, to the joint committee for pre-legislative scrutiny. I presume there will be a report back and that the Minister will, on the back of that, decide what changes, if any, are needed to the consultation paper. However, at this stage, it is not possible to indicate a time as it has not gone to Government yet.

I will have to get the Deputy an update on the Charities Act. I do not know what is the state of play with respect to the commencement order but I will get the Deputy the information he requires.

Deputy Mattie McGrath

There is no charity in this Government.

Deputy Thomas P. Broughan

On the Planning and Development (No. 1) Bill and the Planning Development (No. 2) Bill, last Friday afternoon, there was no emergency accommodation for something like 70 families at the homeless section in Parkgate Street and they were left without any accommodation whatsoever. As the Minister knows, we have perhaps 1,000 children homeless under this Government. In terms of social housing need, we have a Greek-type situation-----

An Ceann Comhairle

Where are we going here?

Deputy Thomas P. Broughan

The Minister, the Taoiseach and the Government will, presumably, be commiserating with the Greek people.

An Ceann Comhairle

This is the Order of Business, as you know.

Deputy Thomas P. Broughan

The Government has taken a course of action which has left these people, including many of our constituents-----

An Ceann Comhairle

It is the planning legislation.

Deputy Thomas P. Broughan

-----from Dublin Bay North homeless over last weekend. The Minister, Deputy Alan Kelly, is doing absolutely nothing about this.

An Ceann Comhairle

You have made your point.

Deputy Thomas P. Broughan

Where is the Minister, Deputy Kelly, and what is he doing?

Deputy Micheál Martin

He is out in the housing estates.

Deputy Michael Healy-Rae

He is minding his legacy.

Deputy Thomas P. Broughan

He is at photo opportunities in Clonmel or wherever.

An Ceann Comhairle

You have had your say. The question is on the planning legislation.

Deputy Richard Bruton

The text of that Bill was approved by Government on 3 June.

Deputy Thomas P. Broughan

They are our constituents.

Deputy Tony McLoughlin

I understand the Minister for Justice and Equality, Deputy Frances Fitzgerald, has recently published the heads of Bill to provide for the introduction of a new model of periodic payment orders. This new model of payment orders will allow the courts to decide that catastrophically injured people can receive the cost of future care in the form of annual payments instead of a lump sum award. When can we expect the civil liabilities (amendment) Bill to be brought before the House?

Deputy Richard Bruton

It will be later this year.

Deputy Ray Butler

When is publication expected of the greyhound industry Bill? It is very sad to see the protests outside today on the sale of Harold's Cross due to the bad management of the last Government and the €30 million debt. Somebody has to be held accountable for the Limerick track disaster also. When is publication expected of the noise nuisance Bill?

Deputy Richard Bruton

I am afraid no date is available for either of those Bills. The greyhound industry Bill is at a preliminary stage and it is hoped to publish it this year. There is no date for the noise Bill.

Deputy Noel Coonan

It has gone to the dogs.

Deputy Seán Ó Fearghaíl

On 8 April 2014 the Fennelly commission was established. Media reports over the weekend suggested the commission will shortly distribute preliminary reports to interested parties. The work of the commission is extremely interesting, not least given the fact the House will move today to establish another commission of investigation. When can we expect to see the Fennelly report published?

I want to ask about the regulations and guidelines being devised by the Department of Communications, Energy and Natural Resources in respect of wind farms. I understand work is going on between the Department of the Environment, Community and Local Government and the Department of Communications, Energy and Natural Resources. As we speak, applications are being made to An Bord Pleanála under the strategic infrastructure Act which are quite clearly premature in circumstances where the guidelines are not in place. Will the Minister tell us about that?

Finally, on this, the fourth anniversary of the death of the late and, indeed, great Brian Lenihan, I ask what is being done by the Government in respect of the promised legislation on the sale of loan books, that is, the consumer protection Bill that was promised some time ago.

Deputy Richard Bruton

To take the questions in reverse order, Report Stage of the Bill to provide consumer protection on the sale of loans will be taken next week. The review on the guidelines in respect of wind farms was commenced in 2013 and I understand the Minister for the Environment, Community and Local Government and the Minister for Communications, Energy and Natural Resources are considering that review at this point. I do not have a date as to when Mr. Justice Fennelly will complete his work and publish it, so I cannot offer the Deputy information on that.

Deputy James Bannon

In the absence of employment opportunities in rural areas, the Minister last year announced the Action Plan for Jobs for the regions. It is important that we continually encourage people to upskill and be prepared for new opportunities in the regions.

An Ceann Comhairle

That is grand. What Bill is this?

Deputy James Bannon

When will the apprenticeship Bill be brought before the House?

Deputy Richard Bruton

I should assure the Deputy that all regions have seen employment growth. Under our regional enterprise strategy, we are very determined there will be further improvements and there is now an opportunity for all regions to participate in shaping a plan for their region. In terms of the apprenticeship Bill, I understand the Minister of State, Deputy English, hopes to bring this forward this summer but, as the Ceann Comhairle probably knows, applications have already been received and are being assessed by an interim group so that apprenticeship needs are proceeding ahead of the Bill.

Deputy Marcella Corcoran Kennedy

What progress has been made on the criminal law (sexual offences) Bill? One of the matters being dealt with in that is the criminalisation of the purchase of sexual services. Extensive work was conducted on this matter by the Joint Committee on Justice, Defence and Equality last year and a detailed report was submitted to the Department and the Minister. Ironically, a delegation from the North of Ireland discussed this very topic with that committee and it has now progressed ahead of us in terms of introducing this legislation. I hope the Minister will confirm this legislation will be before the House before the end of this session.

Deputy Richard Bruton

I understand that work is well advanced on this. I cannot give the Deputy an exact schedule as to whether it will be taken before the end of this session. I will seek information and provide it to her.

Deputy Mattie McGrath

The Minister has Clonmel connections. I refer to a telecoms company in Clonmel which is losing 200 jobs and to the Industrial Relations (Amendment) Bill. What action is the Minister's Department taking to secure the jobs? I understood there was to be a deputation, including the Minister, but the matter seems to have gone off the radar. I would like him to give us an update on that.

I refer to the Health (General Practitioner Service) Bill. The Taoiseach told me two weeks ago that 100 GPs a day were signed up, which is totally erroneous and untrue. When will the number of GPs which have signed up be published on a website? No GPs have signed up in County Tipperary.

Deputy Richard Bruton

I understand Report Stage of the Bill is being taken today and I am sure the Minister will comment, during the course of the debate, on the level of sign up which, I understand, has been very strong under the scheme. Order for Second Stage and Second Stage of the Industrial Relations (Amendment) Bill is listed on today's Order Paper as back-up business to the commission debate.

Deputy Michael Healy-Rae

As the Minister is aware, the Government did a U-turn on the proposed increase from €100 to €150 in the nurses' registration fee. Unfortunately, a large number of nurses have had their names removed from the register and they are being fined €250 to get back on to it. In other words, they have to pay €350 for what should have cost €100.

An Ceann Comhairle

That sounds like a very important matter-----

Deputy Michael Healy-Rae

It is a very important matter.

An Ceann Comhairle

-----but not on the Order of Business.

Deputy Michael Healy-Rae

It is, under the health information Bill.

Deputy Richard Bruton

There is no date for publication of that Bill.

Deputy Martin Ferris

At 6.30 p.m. on Monday, 8 June, an 80 year old man was admitted to Kerry General Hospital. He was on a trolley until 8.30 p.m. on Tuesday, a total of 26 hours. It was his third time in hospital within the past month. Just one month ago a 61 year old lady was admitted to Kerry General Hospital on a Monday morning. She was paralysed, having lost the use of her legs the night before, and suffered from thrombosis. She spent the next 18 hours on a trolley and died 12 hours later. Two weeks ago-----

An Ceann Comhairle

Deputy, please.

Deputy Martin Ferris

-----a young man who was 29 years of age with a history of mental illness and who twice tried to take his own life took his own life after being released from Kerry General Hospital.

An Ceann Comhairle

Deputy, will you please put the question about the legislation? Thank you.

Deputy Martin Ferris

At 3 a.m. today I was contacted by a mother who's son has threatened suicide and is lying on a trolley in Kerry General Hospital. Will anything be done about the treatment of patients with mental and other illnesses?

An Ceann Comhairle

What Bill are you talking about?

Deputy Martin Ferris

Will this be allowed to continue? It is an absolute disgrace and something needs to be done about it. I have tried every avenue to raise this issue.

An Ceann Comhairle

Deputy, this is the Order of Business. Would you please respect the Chair?

Deputy Martin Ferris

I respect the Chair. I am sick to death of trying to raise these issues and getting no answers.

An Ceann Comhairle

It is the Order of Business. Table a Topical Issue or do something that is in order.

Deputy Robert Troy

The Department of the Environment, Community and Local Government is in the process of launching a new policy on the end of life for used tyres. The Minister has refused to engage with or meet one of the key representative bodies, the Independent Tyre Wholesalers and Retailers Association. He is introducing a monopoly in this area. Why or how does the Government think it can bring forward a comprehensive policy without fully engaging with one of the key stakeholders? Will the Minister confirm that he will raise this issue with his colleague to make sure that we have-----

An Ceann Comhairle

He will not confirm it on the Order of Business.

Deputy Robert Troy

It concerns a national policy.

An Ceann Comhairle

No, we are dealing with promised legislation. I gave you a little bit of room, but please do not start going down a completely different avenue.

Deputy Robert Troy

I appreciate that, but it could have the potential to cost jobs and increase the price of tyres.

An Ceann Comhairle

Maybe so, but not on the Order of Business. Thank you.

Deputy Robert Troy

On promised legislation, I refer to the social welfare Bill that is due. When will it come before the House to give Members an opportunity to pass an amendment so we can ensure that the Department of Social Protection will cease being cheerleaders for the banks and advising customers to have their payments made through banks, to the detriment of-----

An Ceann Comhairle

What social welfare Bill?

Deputy Robert Troy

-----post office services?

An Ceann Comhairle

What social welfare Bill are you talking about?

Deputy Robert Troy

If this continues we will not have a post office left in rural Ireland and the Government is overseeing this.

An Ceann Comhairle

What social welfare Bill?

Deputy Bernard J. Durkan

If we continued the previous policy they would all have been closed by now.

Deputy Richard Bruton

The social welfare Bills that have been promised on my list have been enacted.

Deputy Bernard J. Durkan

I refer to the nursing home support scheme (amendment) Bill, to provide that payments made to women under the Lourdes hospital redress scheme, the Lourdes hospital payments scheme and the surgical symphysiotomy payments scheme will not be taken into account in applications made under the nursing home support scheme. When will the Bill come before the House? Have the heads been cleared? Is it likely to come before the House by the end of the current session? Quite a number of people are concerned about it.

I refer to the Companies Auditing Bill, which is also promised legislation and is to allow for member state options contained in an EU directive. When is it likely to be published?

Deputy Richard Bruton

What was the second Bill?

Deputy Bernard J. Durkan

The companies auditing Bill.

Deputy Richard Bruton

The companies auditing Bill is being prepared with the Attorney General to transpose the direction. The nursing homes support scheme (amendment) Bill has four heads. It is intended to publish it this year.

Deputy Martin Heydon

I refer to promised legislation. The Minister might let me know what progress has been made on the public sector standards Bill to reform the existing legislative framework regarding the ethics regulation for those in public office. I also refer to the victims of domestic violence, who go through dreadful ordeals. The reformed and consolidated domestic violence Bill to consolidate a version of the Domestic Violence Act 1996 will make provision for extra protections for victims of domestic violence. What is the status of the Bill?

Deputy Richard Bruton

I understand the public sector standards Bill will come to Government shortly. There is no date for the domestic violence Bill.

Deputy Peter Mathews

I refer to another aspect of the companies auditing Bill mentioned by Deputy Durkan. It relates to the continuing interest overcharging by IBRC, which is now in liquidation. This is very important.

An Ceann Comhairle

I know it is very important.

Deputy Peter Mathews

It has been read into the record-----

An Ceann Comhairle

This is the Order of Business. It is about promised legislation.

Deputy Peter Mathews

The promised legislation is the companies auditing Bill.

An Ceann Comhairle

You just got an answer to that.

Deputy Peter Mathews

No, it was a different answer to a different question. This relates to the auditing-----

An Ceann Comhairle

We are talking about the publication of the Bill, not about the content.

Deputy Peter Mathews

That is correct. I refer to its purpose. When it is published it has a purpose.

An Ceann Comhairle

I know all that.

Deputy Peter Mathews

That has been mentioned. Its purpose is now extremely important across the whole nation. IBRC, which is operated by other companies that are subcontractors to run the ledgers and do the operations of the loans, some of which have been sold, some of which are still in IBRC-----

An Ceann Comhairle

Thank you. I think you have made your point.

Deputy Peter Mathews

There is interest overcharging. Ms Justice Finlay Geoghegan said so in her determination in a court case last November.

An Ceann Comhairle

Thank you, Deputy.

Deputy Peter Mathews

This is very serious. The Minister is jointly and severally liable for such illegal overcharging.

An Ceann Comhairle

Deputy, will you please adhere to the rules? This is about promised legislation. It is not about the content.

Deputy Peter Mathews

Should promised legislation not cover this illegality by the Minister for Finance-----

An Ceann Comhairle

You have to raise it in a different manner.

Deputy Peter Mathews

-----the Central Bank and the NTMA which are shareholders in IBRC?

An Ceann Comhairle

Thank you, Deputy. You have had your say.

Deputy Peter Mathews

What point are people missing?