Dáil Éireann díospóireacht -
Wednesday, 4 Nov 2015

Vol. 895 No. 1

Order of Business

The Taoiseach

It is proposed to take No. 8, Social Welfare Bill 2015 - Second Stage (resumed), to be adjourned at 6.30 p.m., if not previously concluded; and No. 9, Finance Bill 2015 - Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. and shall adjourn at the conclusion of Private Members’ business which shall be No. 214, motion re Travellers' rights (resumed), which shall be taken at 8.30 p.m. and conclude after 90 minutes, if not previously concluded.

Tomorrow’s Business after Oral Questions shall be No. 9, Finance Bill 2015 - Second Stage (resumed); and No. 10, Credit Guarantee (Amendment) Bill 2015 - Order for Second Stage and Second Stage.

An Ceann Comhairle

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

Deputy Micheál Martin

At the beginning of the year the Minister for Health said one of his 25 priorities was to introduce the assisted human reproduction Bill and publish associated research. Will the Taoiseach indicate when the legislation will be published, whether the research has been undertaken and, if so, if it will be published and made available to Members of the House?

The Taoiseach will have heard serious concern being articulated about reports on a shortage of chemotherapy drugs. This is very stressful for cancer patients who have been prescribed the particular drug, particularly those in the Louth-Cavan area who have had their treatment rescheduled because of a manufacturing issue in the company involved. Will the Taoiseach assure the House that this issue will be addressed and that the health (miscellaneous provisions) Bill will include measures to deal with the matter?

In the programme for Government there is a commitment to provide additional funding each year for older people. The Minister for Health said one of his legislative priorities for 2015 was to pursue alternative public-private options to construct new community nursing units. Will the Taoiseach update the House on that commitment and the legislation pertaining to it?

When can we expect to see the health (transport support) Bill? It has been promised for quite some time, particularly after the scheme was suspended in 2013, more than 1000 days ago. Following the issue with the mobility allowance scheme, we were promised this Bill. Will the Taoiseach indicate when it will be brought before the House?

Is the Taoiseach aware that, notwithstanding the Supplementary Health Estimates, there are huge issues with disability service providers and organisations transporting children with intellectual disabilities? The Cope Foundation in Cork has had to take the decision to cancel all transport on certain days in December and parents have had to make alternative arrangements. I am sure the Taoiseach will agree that providing for the transport needs of parents of children with disabilities should be an absolute priority. A letter has been sent to me, Deputies Jerry Buttimer and Jonathan O'Brien-----

An Ceann Comhairle

We are on the Order of Business.

Deputy Micheál Martin

-----by the parents of people with intellectual disabilities.

Deputy Jerry Buttimer

It is okay; we are dealing with that matter.

Deputy Micheál Martin

The decision adversely affects their sons and daughters who are the most vulnerable in society.

Deputy Jerry Buttimer

We do not play politics with the issue.

Deputy Micheál Martin

We would be very grateful if more funding could be provided.

An Ceann Comhairle

I am sorry, Deputy, but there is no reading of letters on the Order of Business.

Deputy Micheál Martin

Promises were made in the programme for Government.

Deputy Jerry Buttimer

The Deputy should be ashamed of himself.

Deputy Micheál Martin

The Deputy should allow me raise the matter.

An Ceann Comhairle

The Deputy has to raise something that is in order.

Deputy Jerry Buttimer

Deputy Micheál Martin should be ashamed of himself.

Deputy Micheál Martin

Of what should I be ashamed?

Deputy Michael Healy-Rae

What should he be ashamed of?

Deputy Jerry Buttimer

Playing politics with the issue.

An Ceann Comhairle

Will the Deputy, please, stay quiet?

Deputy Micheál Martin

I am not playing politics with the issue.

Deputy Jerry Buttimer

The Deputy should deal with it properly.

Deputy Micheál Martin

I am dealing with it properly.

Deputy Michael Healy-Rae

He is entitled to raise it.

Deputy Micheál Martin

If Deputy Jerry Buttimer had dealt with it properly, I would not have to do this.

An Ceann Comhairle

The Deputy is not entitled to raise it on the Order of Business.

Deputy Micheál Martin

I know that it might be a sensitive issue for Deputy Jerry Buttimer-----

Deputy Jerry Buttimer

The Deputy should be ashamed of himself.

Deputy Michael Healy-Rae

Of what should he be ashamed?

An Ceann Comhairle

Will Deputy Jerry Buttimer, please, be quiet?

Deputy Micheál Martin

Of what should I be ashamed - raising the cause of people with disabilities?

Deputy Michael Healy-Rae

Deputy Jerry Buttimer is a disgrace.

Deputy Jerry Buttimer

You are on the stage.

Deputy Micheál Martin

How dare you.

Deputy Jerry Buttimer

You are on the stage playing politics as you always do. It is Punch and Judy.

An Ceann Comhairle

Deputy Buttimer, I ask you again to stay quiet.

Deputy Micheál Martin

It is an important issue.

Deputy Jerry Buttimer

It is a very important issue.

Deputy Micheál Martin

I have been asked to raise it.

An Ceann Comhairle

Deputy Buttimer, I ask you to leave the House.

Deputy Mattie McGrath

Vincent Browne wants you.

Deputy Colm Keaveney

It is a merry-go-round in here today.

An Ceann Comhairle

You should have taken your tablets this morning.

The Taoiseach

The assisted human reproduction Bill, mentioned by Deputy Martin, is due for publication by the end of this year. The health (miscellaneous provisions) Bill is due for publication in this session but it will not cover the question the Deputy raised about the chemotherapy drugs. I will advise the Deputy as to what arrangements are being made by the HSE and the Department in that regard. The health (transport support) Bill dealing with the mobility allowance, which has dragged on for a long time, is due early next year.

Deputy Micheál Martin

Is that before or after the election?

The Taoiseach

Hopefully, it will be beforehand. The Deputy mentioned the Cope Foundation. I am aware of the great work it does and I hope the Minister can respond to the points raised by the foundation in its letter to Deputy Martin and the other Deputies from Cork.

Deputy Gerry Adams

Tá ceist amháin agam faoi the credit unions and co-operation with overseas regulators legislation and ceist eile faoi the national cultural institutions (No. 1) and (No. 2) Bills.

The Central Bank has introduced new regulations which impose restrictions on credit unions. The credit union movement is a social movement which contributes greatly to our society. The regulations contained in the restrictions that have been brought forward by the Central Bank must be signed into a commencement order by the Minister for Finance. He is expected to do this next month. Numerous credit unions and the Irish League of Credit Unions have raised serious concerns about the enactment of these sections. Will the Government pause the imposition of these regulations and reassess the commencement orders the Minister for Finance is due to sign?

Regarding the national cultural institutions (No. 1) and (No. 2) Bills, the decision to merge the National Library, the National Museum and other bodies into a single advisory council has been widely criticised. It was all about saving money, not about protecting the cultural heritage of our people. We see the impact of this and of the cuts in the letter from the-----

An Ceann Comhairle

Sorry, we are not dealing with cuts on the Order of Business. Please deal with the legislation.

Deputy Gerry Adams

I am coming to that.

An Ceann Comhairle

Thank you.

Deputy Gerry Adams

The Taoiseach knows that important collections are deteriorating. These include historical Gaelic manuscripts as well as material from acclaimed writers such as James Joyce, Seamus Heaney-----

An Ceann Comhairle

Other Deputies are waiting to contribute and we are already eight minutes into the Order of Business.

Deputy Gerry Adams

I have only been on my feet for one minute, and I always keep my questions short.

An Ceann Comhairle

Do not make speeches.

Deputy Gerry Adams

The leader of Fianna Fáil was on his feet for five minutes.

Deputy Micheál Martin

I asked questions on legislation.

An Ceann Comhairle

Other Deputies are waiting.

Deputy Gerry Adams

The National Library also holds the correspondence between H-block hunger strikers and those supporting them outside the prison. These are important documents. The Bills are to revise and update the governance-----

An Ceann Comhairle

Sorry, Deputy, what Bills are you talking about?

Deputy Micheál Martin

It is a Joycean stream of consciousness, a Cheann Comhairle.

Deputy Gerry Adams

The Bills are the national cultural institutions (No. 1) and (No. 2) Bills, which I named when I commenced my question-----

Deputy Olivia Mitchell

It was so long ago.

An Ceann Comhairle

Thank you. I will find out for you now.

Deputy Gerry Adams

-----had you been listening, a Cheann Comhairle. What I want to know is-----

An Ceann Comhairle

I do not have to listen to speeches. I am here to keep order in the Chamber. That is my job, and I ask you to respect that job and respect other Deputies who are waiting to speak as well.

Deputy Gerry Adams

I wish you well and I always co-operate with you, a Cheann Comhairle.

An Ceann Comhairle

Thank you.

Deputy Gerry Adams

When does the Government plan to address these serious issues and publish these two Bills?

The Taoiseach

In respect of the Central Bank and the credit unions, the Deputy is aware that the Central Bank regulates the credit unions as an independent regulator, without interference from the Minister for Finance and his Department. The Government regards the work of credit unions and the services they offer as a fundamental issue for our country and society in general. The credit unions are well respected by ordinary people. Obviously, some changes have been made due to certain instances that arose. The Central Bank will make its recommendations and the Minister will oblige. He will deal with that in the next couple of weeks.

The Deputy mentioned two national cultural institutions Bills. I do not have a date for them but I expect they are due to be dealt with in the first half of next year. Regarding the current issue, the Minister, Deputy Heather Humphreys, was able to stabilise and increase funding in both 2015 and 2016 for the national cultural institutions. They have had some difficult years. She provided €2 million in once-off funding in the 2015 Estimates for the cultural institutions and €600,000 of that was allocated to the National Library. Additional money has been secured for 2016. I expect the Minister, Deputy Heather Humphreys, to deal with that matter and the Deputy's question about the quality of the accommodation, the storage and so forth for the historical documents in the short period ahead.

Deputy Seán Ó Fearghaíl

The public health (alcohol) Bill has been long promised. There would be general political consensus across the House in support of legislation to deal with minimum pricing, regulating advertising and marketing and sports sponsorship. I pose my question against the background of growing consumption of alcohol in this country and in circumstances where public health is constantly challenged. The costs to the health service are enormous. However, at the same time, throughout the country hundreds of traditional family pubs have closed and many of them are only open on a part-time basis.

An Ceann Comhairle

That is grand. What legislation are you talking about?

Deputy Seán Ó Fearghaíl

This legislative measure is important in that regard. Given that this Dáil is running out of time, does the Taoiseach expect this legislation to be brought before the House?

The Taoiseach

I answered a question on this yesterday. The public health (alcohol) Bill dealing with minimum pricing and labelling will be published in this session.

Deputy Willie O'Dea

When can we expect the legislation which will change the system for people who are applying for State pensions at the age of 65 years?

An Ceann Comhairle

Is it promised legislation?

Deputy Willie O'Dea

It was promised by the Minister for Public Expenditure and Reform to Mr. Jack O'Connor in a letter dated 9 October. I can quote from the letter if you wish.

An Ceann Comhairle

No, you will not.

The Taoiseach

I do not have a date for that. I will refer back to Deputy O'Dea.

Deputy Willie O'Dea

The Taoiseach has not been informed about it yet. Is it on the agenda?

An Ceann Comhairle

Sorry, Deputy, you got your answer. The Taoiseach said he will refer back to you.

Deputy Willie O'Dea

Has the memorandum to Government been produced yet?

An Ceann Comhairle

Please resume your seat. I call Deputy Dooley.

Deputy Timmy Dooley

The migration of men, women and children from war-torn parts of Africa and the Middle East is one of the biggest issues the European Union has been asked to deal with. Over the summer we saw the impact of this, the difficulties it posed for the lives of those people and the appalling conditions in which they find themselves. When is it intended to bring forward the Red Cross (amendment) Bill, given that the Red Cross is one of the front-line agencies dealing with this? More importantly, when is it intended to have a substantive debate in the House to give all Members an opportunity to contribute to the approach to be taken-----

An Ceann Comhairle

That is a matter for the Whips.

Deputy Timmy Dooley

-----to deal with this issue? To date, notwithstanding the Government's commitment to take in 4,000 people, my understanding is that fewer than 100 have had the opportunity to come here and be part of Irish society.

The Taoiseach

The process in respect of Ireland receiving people for relocation or resettlement from Italy and Greece is under way. Ireland is not part of a protocol but we have agreed to take approximately 4,000 people over the next two years. Obviously, there are people who have been in direct provision for some time and many of those will be moving out into wider society. We can have an opportunity to hold a debate on this in the next couple of weeks, depending on the agreement of the Whips. I do not have a date for the publication of the Red Cross (amendment) Bill but I will advise the Deputy on the progress that has been made to date.

Deputy Tom Fleming

Will the Taoiseach arrange the finalising of the Legal Services Regulation Bill 2011? This is most important legislation.

Unfortunately, it has been going around both the Upper House and the Lower House for the past four years. At this stage, it has been extensively prolonged. As we know, it is very important to set up the legal services regulatory authority, the legal practitioners disciplinary tribunal and the office of the legal costs adjudicator.

An Ceann Comhairle

Thank you, Deputy. I think we have the point.

Deputy Tom Fleming

Many people are anxious to see this finally getting approval and to being enacted in the lifetime of this Dáil. I ask that the Taoiseach would expedite it.

The Taoiseach

This is one of the most fundamental changes in the legal system in 200 years. I expect it will be dealt with before the end of this Dáil session. This is a very complicated Bill and an enormous range of issues have arisen. Let me confirm that the Department of Justice and Equality, the Attorney General's office and all of the people involved are working exceptionally hard so it can be brought to the House and dealt with before the end of session. I hope this can apply. Believe me, it is a complicated procedure.

Deputy Denis Naughten

Over the past six years, 19 legal cases have been taken against an eye surgery clinic in this country, where people's eyes have been severely damaged. In order to have this industry regulated in Ireland, we need to bring forward a piece of legislation called the patient safety licensing Bill. When will that legislation be forthcoming so we protect the eyesight of citizens across the country, given it is being damaged by these unlicensed entities?

The Taoiseach

The patient safety Bill is due for next year.

Deputy Thomas P. Broughan

When can we expect the road traffic Bill 2015, which refers mainly to drug driving? Will the Taoiseach ask the Minister, Deputy Donohoe, to ensure it will include regular reporting to this House on the implementation of that and other traffic Bills, given that getting information from the Courts Service is like trying to get blood from a stone, and given the totally disingenuous figures produced by the Courts Service on a recent controversy?

The Taoiseach

That Bill is due this session.

Deputy Peter Mathews

An article in the current issue of the Irish Medical Times relates to all health Bills that are in process at the moment. The IMO has urged the Minister for Health, Deputy Varadkar, to declare a manpower emergency in the Irish health services-----

An Ceann Comhairle

That is not a matter for the Order of Business.

Deputy Peter Mathews

-----accusing the Government of showing more concern over the emigrating national boxing coach than over a generation of relocating doctors. The IMO president, Dr. Ray Walley-----

An Ceann Comhairle

Hold on a minute.

Deputy Peter Mathews

-----requests the Minister, Deputy Varadkar, to undertake an overhaul of-----

An Ceann Comhairle

Would you mind resuming your seat? Thank you.

Deputy Peter Mathews

There is a shortage of 1,300 GPs.

An Ceann Comhairle

Do you hear me, Deputy? Will you resume your seat? This is the Order of Business. It is about promised legislation.

Deputy Peter Mathews

A Cheann Comhairle, you and I, and our families, might need a GP but there is a shortage of 1,300.

An Ceann Comhairle

Sorry, Deputy. Would you please resume your seat?

Deputy Peter Mathews

I will, of course. One consultant is covering the work of four colleagues in Cork and 22% of non-consultant hospital doctors are not committed to staying in Ireland.

An Ceann Comhairle

Deputy, I will have to ask you to leave the House if you do not obey the Chair.

Deputy Peter Mathews

We have not yet reached the winter.

An Ceann Comhairle

I will ask you for the last time to please resume your seat.

Deputy Peter Mathews

I do not want to upset you, a Cheann Comhairle.

An Ceann Comhairle

Resume your seat and please show some respect for the Chair. Thank you.

Deputy Peter Mathews

I am showing respect.

An Ceann Comhairle

I call Deputy Mattie McGrath.

Deputy Mattie McGrath

Tá dhá ceist agam. Under the energy (miscellaneous provisions) Bill, mobile phone service has deteriorated rapidly, as I am sure the Taoiseach is aware, having travelled the country. It has got very bad all over the country, even in Dublin, in the past six, eight or 12 months. It is not funny. It has got very serious-----

An Ceann Comhairle

Hold on a second.

Deputy Mattie McGrath

Will the Taoiseach try to deal with that situation with ComReg?

An Ceann Comhairle

What are you on about? What legislation is this?

Deputy Mattie McGrath

It is the miscellaneous provisions Bill - the environmental Bill.

An Ceann Comhairle

Is there a miscellaneous provisions Bill?

Deputy Mattie McGrath

Yes, there is. It is the environment (miscellaneous provisions) Bill. It is on the list.

Deputy Joe Carey

Is that your own Bill, Mattie?

Deputy Mattie McGrath

It is not my own Bill. It is not funny either. It is a serious situation for business.

An Ceann Comhairle

Deputy, will you resume your seat for a moment while we sort this out? Is there a miscellaneous provisions Bill? It is not there.

Deputy Mattie McGrath

Gabh mo leithscéal, a Cheann Comhairle. It is in the book.

An Ceann Comhairle

What book?

Deputy Mattie McGrath

The programme for Government that I got from the office with the legislation for this term. I just read it out of that.

An Ceann Comhairle

Would you please stick to the ordinary rules of the House?

Deputy Mattie McGrath

I have just read the book.

An Ceann Comhairle

What book are you talking about?

Deputy Mattie McGrath

The book I got from the Whip's office that has the promised legislation for this term.

An Ceann Comhairle

There must be something wrong with the air in here today.

Deputy Mattie McGrath

There is nothing wrong with the air. It is an leabhar seo. I got it from the Whip's office. It is a Government book with published legislation for this term.

An Ceann Comhairle

Where is it?

Deputy Mattie McGrath

It is in this book. I will get it in one second.

An Ceann Comhairle

Sit down. I will get back to you.

Deputy Mattie McGrath

I have another question on a Bill that is also in the book, the judicial council Bill. Will there be a mechanism in it to deal with misconduct of judges?

An Ceann Comhairle

We do not deal with the content. What Bill are you talking about?

Deputy Mattie McGrath

The judicial council Bill. Will there be a mechanism in it to deal with misconduct of judges?

An Ceann Comhairle

Sit down, please.

Deputy Mattie McGrath

It is unfair.

An Ceann Comhairle

You do not deal with the content of the Bill on the Order of Business, only when the Bill is going to be introduced.

Deputy Mattie McGrath

It is in the book on published legislation.

An Ceann Comhairle

Will you please resume your seat?

Deputy Mattie McGrath

I will but I am being fair to you as well. It is in the book.

An Ceann Comhairle

Will you sit down, please?

Deputy Mattie McGrath

Tá sé isteach san leabhar.

The Taoiseach

The judicial council Bill is due this session. The Environment (Miscellaneous Provisions) Bill the Deputy refers to was enacted on 27 July.

Deputy Bernard J. Durkan

I have three items of promised legislation. The first is the calorie posting and workplace well-being Bill, which is something that has engaged the minds of people very much in recent times and is important legislation. The EirGrid Bill is also promised legislation. Given the lack of focus in EirGrid at the present time, I would like to know when that Bill is likely to be introduced in the House. With regard to the fight against organised crime, particularly the international fight against organised crime, I would like know when the criminal records information Bill, which will provide for the exchange of criminal records between Ireland and other states, will be introduced in the House.

The Taoiseach

The health Bill dealing with calorie posting and so on is due early next year. The EirGrid Bill and the criminal records Bill are due later next year.

Deputy Peter Fitzpatrick

One in every two smokers will die of a tobacco-related disease. A cigarette may look harmless enough but it is a stick containing many poisonous chemicals. We need to introduce a licensing system and other measures on the sale of tobacco products-----

An Ceann Comhairle

What Bill are you talking about?

Deputy Peter Fitzpatrick

-----and non-medical nicotine delivery systems, including e-cigarettes. When can we expect the public health (retail licensing of tobacco products) Bill?

The Taoiseach

I do not have a date for Deputy Fitzpatrick. I think it will be next year before that comes through.

Deputy Tony McLoughlin

What is the update in regard to the gambling control Bill and the judicial appointments Bill?

The Taoiseach

As I said, the judicial council Bill is this session. The judicial appointments Bill is next year, as is the gambling Bill.

Deputy Dessie Ellis

There are plans to put modular housing in five designated areas throughout Dublin, and 22 of these are supposed to be placed on a site in Poppintree, Ballymun, before Christmas. According to the Minister, Deputy Kelly, the procurement process can be speeded up to do this.

An Ceann Comhairle

What Bill are you talking about?

Deputy Dessie Ellis

I am coming to that. Can the Taoiseach confirm this is the case or is legislation required, because it could be open to challenge-----

An Ceann Comhairle

This is about promised legislation.

Deputy Dessie Ellis

I am asking the Taoiseach if the Cabinet discussed whether legislation was required.

An Ceann Comhairle

We cannot discuss what happened at Cabinet. What Bill are you talking about?

Deputy Dessie Ellis

This is a very important issue. We are talking about delivering modular housing before Christmas. Has this been discussed?

An Ceann Comhairle

What Bill are you talking about?

Deputy Dessie Ellis

It is under the housing Bill. I am asking whether this has been discussed.

The Taoiseach

I can confirm for Deputy Ellis that the matter has been discussed. My information is that the local authority is perfectly in order because of the urgency of the situation.

Deputy Martin Heydon

Further to my previous conversations with the Taoiseach and the Ministers, Deputy Kelly and Deputy White, I raise the need for revised planning guidelines for development of wind turbines and wind farms and ask when a decision might be made on same. I have proposed 169 m high wind turbines for my constituency, some of which are 500 m and 600 m back from some dwellings. These are proposed sporadically across areas of Kildare and Meath as part of the Maighne wind farm application. It is one thing to cluster turbines-----

An Ceann Comhairle

We cannot discuss the issue, just the legislation.

Deputy Martin Heydon

-----but to have them sporadically, as suggested, is not a balanced approach.

An Ceann Comhairle

We do not discuss that on the Order of Business and the Deputy knows that. He is long enough here now to know that.

Deputy Martin Heydon

When can we expect the White Paper on energy which, hopefully, will provide a balanced approach to renewables that will include an enhanced approach towards the likes of solar and wave energy and anaerobic digestion?

The Taoiseach

In regard to wind turbine regulations, I assure the Deputy that discussions continue between various Departments about the matter. There is a serious challenge for the country in respect of both the 2020 and 2030 objectives on climate change. Those discussions are not finished yet.

I cannot give the Deputy a date for publication of the White Paper, but I will advise him in respect of the extent of work that has been completed on it.

Deputy Pearse Doherty

I wish to raise the matter of two pieces of legislation. I have asked about the first of these on many occasions. It relates to the release of the 1926 census. The Minister of State, Deputy Deenihan, has promised this and it was promised in the programme for Government. Indeed, on 9 March 2012 it was said that the legislation had been approved by Cabinet. The legislation has not come before this House to allow for the records to be released before the 100 year rule. Will the census be released? Is the legislation forthcoming and will any of the 1926 census data be released for the centenary of the Easter Rising, as was the original plan, or is it off the table? It is likely it is far too late now to release it and that the Government has missed the boat on this issue, but in regard to the promised legislation can the Taoiseach tell us whether it will come before the House before the Government's term in office is up?

My second question relates to the promised legislation on bankruptcy. As the Taoiseach is aware, this was kicked to touch to the Joint Committee on Justice, Defence and Equality. It reported to the Minister in the first week of July, four months ago, but the report remains on the Minister's desk. Will legislation come before the House this or next term to reduce the bankruptcy term from three years to one year, as has been unanimously agreed by the joint committee?

The Taoiseach

This concerns the option of a reduction of the bankruptcy term from three years to one year in particular cases. I will have to come back to the Deputy in regard to when the legislation is likely to be published.

The question on the 1926 census is twofold, concerning the 100 year rule and the cost. I am not sure what state of preparation that is at, but I will advise the Deputy shortly.

Sitting suspended at 1.05 p.m. and resumed at 2 p.m.