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Dáil Éireann díospóireacht -
Thursday, 12 Nov 2015

Vol. 896 No. 2

Order of Business

It is proposed to take No. 17b, Finance Bill 2015 – Financial Resolutions; No. 17c, Finance Bill 2015 – allocation of time motion for select sub-committee; No. 46, Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015 - Report and Final Stages (resumed); No. 47, Criminal Justice (Burglary of Dwellings) Bill 2015 - Second Stage (resumed); and No. 10, Health Insurance (Amendment) Bill 2015 - Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that Nos. 17b and 17c shall be decided without debate and in the case of No. 17b, Financial Resolutions Nos. 1 to 22 shall be moved together and decided by one question.

Tomorrow's fortnightly business shall be No. 80, Multi-Unit Developments (Amendment) Bill 2015 - Second Stage; and No. 81, Freedom of Movement (Common Travel Area) (Travel Documentation) Bill 2014 - Second Stage.

There is one proposal to be put to the House. Is the proposal to deal with Nos. 17b and 17c, financial resolutions and allocation of time motion for select sub-committee with regard to the Finance Bill 2015, without debate agreed? Agreed. I call Deputy Kelleher on the Order of Business.

The Minister for the Environment, Community and Local Government, Deputy Kelly, has belatedly made some broad announcements in recent times about how he proposes to deal with the issues facing people who are homeless and people in private rented accommodation whose rents are escalating. He has said that people should approach the Private Residential Tenancies Board in cases of disputes or disagreements between landlords and tenants, but I remind the House that the number of staff employed by the board has decreased by almost 50%. Given that an avalanche of people will approach the Private Residential Tenancies Board as a result of the stated policy of the Minister, Deputy Kelly, would it not be appropriate at this stage to increase the number of staff working in the board, which is grossly understaffed by any stretch of the imagination? Perhaps that issue can be addressed in the short term. Will legislation be required to fast-track planning for the modular units that are being proposed to deal with the housing crisis and the homelessness on our streets? The stated policy of the Minister is that the units in question will be in place in advance of Christmas.

Does this morning's launch of the patient advocacy service by the Minister for Health mean that the proposal in the programme for Government to establish a patient safety authority has been abandoned?

The Minister, Deputy Varadkar, has gone again.

He is coming back.

Deputy Kelleher asked about the Private Residential Tenancies Board. I understand that there are a number of amendments to come forward.

I might as well do another Question Time.

The Minister and the Tánaiste are keeping an eye on each other.

The Deputy also asked about the need for planning legislation in respect of modular housing. A number of applications have been received from a number of local authorities.

The Minister was about to do a school visit in Castleknock or Mulhuddart.

Lovely constituency teamwork.

I am not aware of any fresh legislative requirement in that regard. I hope I have understood Deputy Kelleher's question properly.

The Minister, Deputy Varadkar, cannot write fast enough for the Tánaiste.

I am informed that the establishment of a national patient safety office in the Department of Health will not require specific legislation. I believe the Minister for Health was on the radio this morning.

The Tánaiste and the Minister should travel in together every morning so that they can have a chat.

A car pool would be a good idea.

As I understand it, work is under way as we speak.

I understand that the Minister for Health, Deputy Varadkar, is due to publish the heads of the health information and patient safety Bill today. Is this the same proposal that was announced by the then Minister for Health, Deputy Reilly, in March 2014 and included in the HSE service plan of that year?

It has been recycled.

The Minister, Deputy Reilly, failed to honour this commitment, unfortunately, and the continued under-funding of the health system has further reduced patient safety. Can the Tánaiste tell the House whether the full Bill will be published before the election? Is this just another piece of pre-election bluster? Is it not "what you tend to do during an election", as Deputy Rabbitte might have it?

In light of the early retirement of Mr. Justice Nicholas Kearns in December of this year, can the Tánaiste bring any clarity to the issue of who will be appointed as the next President of the High Court?

That is not relevant on the Order of Business.

When might that appointment be announced?

That is not relevant on the Order of Business.

Will the Tánaiste confirm that the current Attorney General is not being considered for that post?

Mná na hÉireann.

That would be one way of getting her out of there.

Finally, the Committee on Procedure and Privileges, CPP, has, in its abundant wisdom, decided that changes in security are necessary to protect us feeble Deputies on foot of an exchange that happened last week. I want to put on the record my absolute disgust and the disgust of Sinn Féin at the absolute overreaction of the Ceann Comhairle, CPP and all concerned to what was a very, very minor verbal exchange. If Members of this House imagine that we have some right to be wrapped up in cotton wool and insulated from the realities of life, then I think we could do well-----

Shame on the Deputy.

It was disgraceful.

More bullying.

Shameful. Disgraceful.

We could do better-----

(Interruptions).

Shameful. Disgraceful.

If the hectoring could stop, from the benches opposite-----

I witnessed the whole incident and it was not nice.

Could Deputy Butler not sleep that night?

It was disgraceful. If the Deputies think that is right, allowing people to come in here and do that, they are mistaken.

It was a disgrace.

It was a disgrace. People should not have to deal with that in their place of work.

The Deputy should cop himself on. This is the people's Parliament, not just a place of work. This is the people's Parliament. The Deputy should cop himself on. His Government has destroyed people's lives.

(Interruptions).

The Deputies should cop themselves on. They are a bunch of babies, whimpering babies.

Deputy McDonald has the floor. I ask her to conclude.

Whimpering babies is what they are.

Please Deputies. Deputy McDonald is making a point.

The Deputies opposite are good at bullying. They are good at intimidating people and beating them up.

Are they saying it did not happen?

(Interruptions).

This is the people's Parliament and particularly in the context of that exchange, Members ought to be more concerned at the substandard and subhuman conditions in which many Traveller citizens live and more cognisant of the fact-----

It is about respect. It is about respect for the office and respect for the people-----

-----that ten of our citizens lost their lives-----

-----and not to be attacked coming from one's work. That is what I call respect.

The Deputy should cop himself on.

It is called respect.

Was Deputy Butler there?

I was there. I saw it. I was getting into my car and I saw it.

He should cop himself on. He is an eejit and should cop himself on.

It is about having respect. Deputy Mac Lochlainn was not there. I was there. Sinn Féin are nothing but bully boys.

Deputy Butler, please. Allow Deputy McDonald to conclude.

Ten citizens lost their lives-----

I will have no more interruptions.

-----in the most appalling of circumstances. What is the response of this Dáil, the people's Parliament? It is to vote down a perfectly reasonable and honourable motion.

(Interruptions).

That is democracy.

(Interruptions).

Better than that, for Members of this Dáil to get precious about themselves, precious because they were held to account, albeit in strongly worded language-----

(Interruptions).

The Deputy is on the edge now.

Let me tell the Deputies, that is bread and butter in the city that I come from-----

She is stepping over the line now.

I call the Tánaiste.

-----and I want to express our disgust at the CPP and the Ceann Comhairle-----

The Deputy has said that already.

(Interruptions).

-----for making a mountain out of a mole hill and for behaving in this fashion.

As well as spinning it and leaking it to journalists.

They are nothing but bully boys.

On the first question on the health information and patient safety Bill, the Deputy may recall that since this Dáil commenced there has been a series of very traumatic disclosures relating to issues around patient health and safety, particularly in maternity care. All of us here recall what happened to families who lost babies in the Midlands Regional Hospital Portlaoise and in other areas. It is a bit of a cheap shot on the part of Deputy McDonald to suggest that the Minister, by taking time to look at the learning from those various reports on what happened to those poor, unfortunate families, is delaying this very important element of our national public health service. We are trying to absorb the learning about how, as a society, can address these kinds of issues-----

It has been delayed. It was announced in March 2014.

Just hold on. I know this is being done for video purposes on the Deputy's part. She should just hold on and get off the stage. We are talking in the Parliament. All I am saying is that it would be very foolish of any Government or any Member of this House not to take on board the learning of the trauma that those families suffered when they lost their precious babies. If that is one of the reasons for the Minister taking his time about establishing a new authority and consulting widely, then I believe he has done a wise thing and the proper thing. The Deputy may differ from me on that because she wants instant shots on everything. He has done the wise thing and it will, of course, be dealt with. The Minister gave an extensive interview this morning. It is coming into force now and he has dealt with it properly and wisely.

The last issue the Deputy raised is a matter for the CPP. The Deputy should address her remarks there. I would just say, of the tragedy that befell the Traveller families in the fire in Carrickmines, that again the Deputy is trying to be very divisive by suggesting that other people who differ politically from her do not actually have concerns about what happened in terms of the dreadful loss of life and are not reaching out to provide, as best as possible, for those families in their grief and trauma. Deputy McDonald does not have a monopoly on lecturing the rest of us on how we should respond to human events. I am looking at Deputies here who would be of a different persuasion to Sinn Féin who went to those funerals, who actually talked with the families and met with people from the Traveller community. That is as important and valuable as Deputy McDonald's particular shouty concerns here this morning. Making politics of that, in a crude way, is wrong. Finally-----

The crude thing was to bring the matter to the CPP. That is what happened.

That is a different matter and Members are entitled to do that.

The Deputy asked about court appointments and retirements. I do not have any information on that.

Thank you, Tánaiste. I wish to say that it is a long-standing convention that the Ceann Comhairle is not criticised in this House. I should put that on the record before I call the next speaker.

That approach is working.

I ask the Tánaiste to bring us up to speed on the status of the family courts Bill and the Education (Admission to Schools) Bill.

The family courts Bill is scheduled for next year and the Education (Admission to Schools) Bill is awaiting Second Stage.

I wish to raise two issues. I note from a report in The Irish Times today that Clonmel Circuit Court is now sixth in the country in granting repossessions. There have been 4,500 repossessions since the start of this year. When will the Government amend the so-called Land and Conveyancing Act and re-name it the eviction Bill? That is my first question.

I, like many other Deputies and Senators, have been contacted by the sister of the late Robert McCartney regarding the election that is going on at the moment to Seanad Éireann. The Tánaiste's own candidate, Ms Maíria Cahill - I wish her no ill will - has failed to answer questions posed by Ms McCartney. Indeed, a journalist contacted me last night regarding 11 questions that were put to Ms Cahill. She has refused to debate any of these issues.

That is not in order, Deputy.

It is in order under Seanad reform. A Seanad reform Bill has been promised. Are we going to have an election in secrecy? She has said that she is only going to deal with the electorate, the Deputies and Senators but it is a public office with a public remit.

It is and we have a vote on that.

Is the Tánaiste going to remain silent until the election is completed tomorrow at midday? Are the questions to remain unanswered?

In fairness to Ms Cahill, she should answer those questions in her own defence. It is a very serious situation.

The issue the Deputy has raised is Seanad reform.

I met her and she refused to answer the questions. Seanad reform is way down on the agenda of this Government.

I will ask the Tánaiste to respond.

Yes, because this is an election to the Seanad which is held in secrecy. The Labour Party will not answer the questions. Ms Cahill will not answer. The whole thing is being concluded tomorrow.

It is a very serious issue, to have this House - both Houses in fact - disrespected.

The Tánaiste, on Seanad reform.

She wants to be elected to the Seanad without answering any questions or appearing on any-----

Please give the Tánaiste a chance to respond.

It is farcical. It is also very serious. The family of the late Robert McCartney deserves answers to questions put by his sister and sent to all of us in this House.

I am calling the Tánaiste now.

Does Deputy McGrath want to keep the peace?

Excuse me, a Leas-Cheann Comhairle. Can I have that remark withdrawn please?

I cannot hear everything.

I have never been in breach of the peace. The Minister of State, Deputy Kehoe, said I want to keep the peace but I have never breached the peace in my life, thankfully. I ask that the Minister of State withdraw that.

Deputy, I will listen back to that. I cannot hear everything that is said.

Will he withdraw that remark?

He said keep the peace.

I have always kept the peace. His suggestion is inappropriate. He is a bully boy.

The Deputy is twisting what was said.

It is bully boy tactics. The Deputy should go to Michael Fingleton and talk to him.

I call the Tánaiste. There must be no further interruptions.

There is no proposed legislation on any of the different matters the Deputy raised.

In reference to the comments made by Deputy McDonald on the Committee on Procedure and Privileges, as a member of the committee-----

We cannot have a full debate on the issue.

-----I find it perfectly in order for Deputy McDonald to express disgust, anger or revulsion at the actions of the committee, and the Deputy has some history in terms of dealing with the committee. However, it is entirely inappropriate for any Member to berate the Ceann Comhairle, whoever the Ceann Comhairle may be, because in this particular instance the Ceann Comhairle did nothing more than deal with a complaint that was made to him. It is another question as to whether the complaint should have been made in the first instance.

I will briefly raise three issues. With regard to the Bill proposed by Deputy Penrose to introduce a one-year bankruptcy period, the Taoiseach made some positive comments on the legislation yesterday. Will the Tánaiste give an assurance that the Bill will be enacted and operational before the end of the year?

On electroconvulsive therapy or ECT, we heard reports today that the Minister of State at the Department of Health, Deputy Kathleen Lynch, proposes to introduce legislation to deal with this issue before the end of this Dáil term. Are these reports correct and, if so, in the context of what legislation will ECT be addressed?

I refer the Tánaiste to the Constitutional Convention, an issue we have raised consistently at meetings of the Whips. In fairness to the Government Whip, he has always been willing to facilitate debate on the reports of the Constitutional Convention. Yesterday, a number of Members received invitations to an event with the title Irish Citizens Decide: A Review of the Convention on the Constitution. The people chosen to participate in the Constitutional Convention expressed considerable satisfaction with the convention and there was a lot of ruaille buaille on the part of the Government at its launch. The convention was supposed to facilitate a revolution in the political process, yet not one of the deadlines the Government set for itself in respect of dealing with the reports of the Constitutional Convention has been met. Is the Tánaiste embarrassed to learn that a seminar will be held on Friday to discuss the Constitutional Convention, given that four of its reports still have not been debated in the House?

I will address the Deputy's final point first. I am happy to say that at midnight on Sunday, one of the most significant recommendations made by the Constitutional Convention, which was on the introduction of marriage equality, will come into full legal force in a significantly reduced timeframe. This is due to the general co-operation and support of citizens - the most important element - for the referendum as well as of all the parties. I thank all the parties and Independent Deputies for the robust and deep discussions which took place in a very timely manner. As a consequence, we will see marriage equality come into effect from midnight on Sunday. That is a tribute to the Constitutional Convention.

What about the other deadlines?

On the bankruptcy Bill, we want to see that legislated for before the end of the year in the context of the very important reform proposals put forward by my colleague, Deputy Willie Penrose. The Taoiseach affirmed that yesterday.

The Tánaiste referred to the great announcement yesterday by Apple of 1,000 jobs in Cork.

None of them will be in Longford.

Some 750 jobs were announced for Longford and planning permission has been submitted for Center Parcs Longford, a new project which will create a large number of jobs.

(Interruptions).

Well done to-----

Would you ever shut up and have manners, Deputy Carey?

Deputy Bannon is tetchy today.

I have a feeling that exchange will go viral.

(Interruptions).

As I stated, a planning application has been submitted for the project and it is at an advanced stage. People need to be fully prepared for the new job opportunities that the Government is creating. When can we expect the apprenticeship Bill to come before the House?

It is obvious that even in the most loving families and political groups, tensions break out from time to time.

(Interruptions).

I extend congratulations to Longford on achieving the investment to which Center Parcs has committed. For the information of Deputy Bannon and others, I understand the project will have some of the best swimming facilities in Europe.

Deputy Bannon will need to take a dip in them to cool down.

Good for Longford. I also understand that some recruitment has commenced. The apprenticeship Bill will be early next year.

I call Deputy Mathews and ask him to be brief.

I welcome the Tánaiste. I particularly welcome the absolute assurance she gave that the legislation for one-year bankruptcy will be enacted and operational before Christmas. It is wonderful to hear her say that, as the commitment is now on the record, double-underlined.

Deputy Bannon reminds me of the story of the diplomat who was described as the guy who could tell someone to go to hell in such a way that the person would look forward to getting there.

The Deputy did not ask a question.

When is it expected that the trusts Bill will be published?

I do not have a date for that Bill as yet.

On housing, when will the regulation of approved housing bodies Bill come before the House?

The Bill should be published next year.

The civil liability (amendment) Bill is promised legislation. Will the Tánaiste indicate when it will come before the House?

I understand the heads of the mediation Bill, which has been promised for some time, have been cleared. Is it likely that the Bill will come before the House in this session or the next session? On the National Archives Bill, some of the performances in the House may be committed to the National Archives at some stage. Will the Bill come before the House in this session or the next session?

I understand the legislation on mediation, the National Archives and civil liability is expected next year.

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