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Dáil Éireann díospóireacht -
Wednesday, 25 Nov 2015

Vol. 898 No. 1

Order of Business

It is proposed to take No. 14, Health Insurance (Amendment) Bill 2015 – Financial Resolution; No. 46, statements on Northern Ireland; No. 43, Finance Bill 2015 - Report Stage (resumed) and Final Stage; No. 9, Motor Vehicle (Duties and Licences) Bill 2015 - Order for Second Stage and Second and Remaining Stages; No. 44, Criminal Justice (Burglary of Dwellings) Bill 2015 - Second Stage (resumed); and No. 45, Credit Guarantee (Amendment) Bill 2015 - Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that: the Dáil shall sit later than 9 p.m. tonight and shall adjourn not later than 10 p.m.; No. 14 shall be decided without debate; No. 46 shall be taken immediately following the Order of Business and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after an hour and 40 minutes and the following arrangements shall apply: the statements of the Taoiseach, Tánaiste and the leaders of Fianna Fáil, Sinn Féin and the Technical Group, or Deputies nominated in their stead, who shall be called upon in that order, shall not exceed ten minutes in each case, and such Members may share their time; the statement of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed ten minutes in each case, and such members may share their time; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed ten minutes, following which the Dáil will suspend for an hour under Standing Order 23(1); the resumed Report and Final Stages of No. 43 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Finance; and Private Members' business, which shall be No. 217, motion re credit unions (resumed), shall be taken at 8.30 p.m. tonight and shall, if not previously concluded, be brought to a conclusion after 90 minutes.

Tomorrow's business after oral questions shall be No. 48, Equality (Miscellaneous Provisions) Bill 2013 - Second Stage (resumed); No. 44, Criminal Justice (Burglary of Dwellings) Bill 2015 - Second Stage (resumed); No. 45, Credit Guarantee (Amendment) Bill 2015 - Second Stage (resumed); and No. 8, Child Care (Amendment) Bill 2015 - Second Stage.

There are five proposals to be put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with No. 14, Health Insurance (Amendment) Bill 2015 – Financial Resolution, without debate, agreed to? Agreed. Is the proposal for dealing with No. 46, statements on Northern Ireland, agreed to? Agreed. Is the proposal for dealing with No. 43, Finance Bill 2015 - Report and Final Stages (resumed), agreed to?

It is not agreed.

It is not agreed. I do not want to call a vote on this proposal. There is probably a sensible way out of this. If the guillotine were removed, the thing might work out in terms of the time framework that is available.

To which proposal is the Deputy referring?

He is referring to the proposal for dealing with the Finance Bill 2015.

If the Taoiseach removes the guillotine, I think he will find that all sides of the House will be co-operative. I do not think the imposition of a guillotine will be necessary. As a principle, it causes offence on this side of the House. A more sensible way to approach the matter would be to allow the Bill to take its normal course. I think the Taoiseach will find that all sides of the House will co-operate in that regard within the time slot that has been proposed. Therefore, I propose that all words after "today" in proposal No. 4 on the Order of Business be deleted.

That is my position as well. The Sinn Féin position is to oppose the use of guillotines. This is an important Bill. There should be leave for Teachtaí who want to speak on it. I presume it will be dealt with in the time allowed. There should be no imposition of a guillotine.

Can I take it from what both Deputies have said that the debate on the Bill will conclude by 5.30 p.m.?

If both Deputies are in agreement on that, I am sure the Minister will agree to Deputy Martin's proposal and we will accept it.

It is the season of goodwill.

Is the proposal for dealing with No. 4, as amended, agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

We are all very agreeable today.

Christmas is a month from today.

There is a commitment in the programme for Government to change the general practitioners' contract. I would appreciate it if the Taoiseach could indicate to me the up-to-date position on that. There is major concern in rural Ireland about the real actual shortage of GPs. There are towns without GPs. Posts are not being advertised, or have been advertised but to no avail because no one is filling them. Many families are travelling 40 miles to get to GPs. This is causing real problems in rural Ireland. People are also concerned about longer response times from ambulances and so on. I think we are looking at a patient safety issue as a result of the under-provision in terms of primary care in rural Ireland. The contract, which is a central commitment in the programme for Government, is obviously a key part of that. The Taoiseach might indicate to me when the Government expects the contract to be concluded.

The Taoiseach might be aware that since 1996, some 209 women have been murdered in the Republic of Ireland. Some 131 of them were killed in their own homes. In the cases that have been resolved, some 86 women were murdered by a partner or ex-partner and a further 53 women were killed by someone they knew. Therefore, a total of 139 women were killed by someone known to them. In all resolved cases, 99% of perpetrators were male and 1% of them were female. I am asking about the Bill that will consolidate and reform the existing domestic violence legislation.

It is designed to add provisions to the present legislation to help victims of domestic violence. Can the Taoiseach outline when we will have that legislation and say whether it is receiving Government priority?

My third question is on the Seanad Electoral (University Members) (Amendment) Bill. Another report was published this year on Seanad reform following, to use the Taoiseach's own phrase, the "wallop" he took in the referendum, but no work has been progressed on it. The Taoiseach indicated to party leaders that he would implement a very minor amendment in the context of the wider issues detailed in the report. Are we to take it that the Bill will not be published before the election? It is reported in The Irish Times today that the goose is cooked on the 31st Dáil without any delivery on the promise to deliver a reformed Seanad.

The fourth Bill I wish to ask about is the disability or equality (miscellaneous provisions) Bill to allow for ratification of the UN Convention on the Rights of Persons with Disabilities. There has been a consistent undermining of people with disabilities by the Government over the past four and a half years and we need greater affirmation in our approach to people with disabilities.

The disability/equality (miscellaneous provisions) Bill will be published next year. I do not expect the Seanad Bill to be published before the close of the session but I hope to have a debate before the close of business here on the report produced by the group looking at the opportunities that might exist with respect to the Seanad.

On primary care, free GP care has been extended to children under six and those over 70. The next intention is to have all children of working families covered by this, and that will require an adjustment to the GP contract. The Minister for Health will engage with GPs on that matter and discussions are to take place or are already under way in this regard.

The Deputy asked about domestic violence. This is the international day opposing violence against women. The words "domestic" and "violence" do not go together. On 5 November, Ireland signed the Istanbul Convention, a European Council convention on combating violence against women. The general scheme of the reformed and consolidated domestic violence Bill was published before the summer recess. The Bill, which will enhance the legislative measures available within the civil law system to support victims, is currently being drafted. It will also introduce reforms aimed at assisting in the process of what is contained in the Istanbul Convention. Separately, the landmark new criminal justice (victims of crime) Bill, which will be published shortly, seeks to put victims at the heart of the justice system. It will introduce, for the first time, statutory rights for victims of crime, and the development of a second national strategy to address domestic and sexual violence is taking place.

When does the Taoiseach expect the domestic violence Bill?

I cannot give the Deputy a date but I will come back to him on it. The implementation of the Garda Inspectorate's recommendation will improve the experience of people reporting offences to An Garda Síochána. Issues being addressed include the establishment of the new national child protection, domestic violence and human exploitation unit, led by a chief superintendent, and the establishment of a victim services office in every Garda district.

Tá dhá cheist agam. Baineann an chéad ceann leis an Climate Action and Low Carbon Development Bill. Tá mé ag lorg díospóireachta ar ábhar eile chomh maith. The Taoiseach said we had signed the Istanbul Convention, but we have not brought in the necessary legislation, so we are in breach of a convention we have signed. The Taoiseach said the other day, in response to my question, that the normal course of events would be to bring in legislation first, so I am curious about the sequencing in this matter.

The Climate Action and Low Carbon Development Bill is before the Seanad at the moment. In a response to me during questions two weeks ago, the Taoiseach acknowledged that the potential financial penalties facing this State if we failed to meet climate change targets could be as much as €5 billion or €6 billion. He said this was astronomical. The Paris climate change conference will take place next Monday. Will the Taoiseach commit to a debate on the conference, which concludes on 11 December? When does he expect the Climate Action and Low Carbon Development Bill to be brought to the Dáil?

My presumption is that there is a requirement for a Dáil debate before Irish troops can be sent overseas if their number exceeds 12. The French Government has invoked Article 42.7 of the Lisbon treaty following the dreadful attacks in Paris, which states, "If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance". The Taoiseach has already publicly indicated a willingness to use Irish troops to replace French troops in Mali. Our party is opposed to the deployment of Irish troops on an EU training mission, as opposed to a UN-designated peacekeeping mission. Will the Taoiseach hold a debate in the Dáil on any decision the Government may take on this issue?

Legislation on domestic violence is being updated now. The Istanbul Convention sets out the roadmap and the Minister for Justice and Equality is dealing diligently with the consolidated and reformed domestic violence Bill. The Climate Action and Low Carbon Development Bill is in the Seanad today and amendments will be taken. I expect it will come back to the Dáil in the second week in December. It will be a challenging technical position for Ireland, particularly for 2020-2030, and we want to play our part but we also want achievable and realistic targets, given the fact that our profile in the non-traded sector is very different from that of every other European country. It is a real challenge to make everybody understand exactly what that means.

On the question of assistance towards another European country, clearly, any requests that are received will be considered, but there are constraints on Ireland in terms of what we can do as a neutral country. We participate in the EU official training programme as one of 22 countries in Mali and we assist the United Nations as part of peacekeeping missions in the Lebanon, etc. Any decision made by Government on this will, of course, be brought before the House.

Will proposed legislation providing for safe injecting centres for drug users be published before the Christmas recess? The heads of the Bill have gone to the Cabinet sub-committee for approval, but can we have a commitment from the Taoiseach that it will be passed by both Houses before the dissolution of the Dáil? It is an important piece of legislation in view of the fact that we have almost two drug-related deaths every day in the State. It is a public health issue and it could actually save lives.

I cannot give Deputy O'Brien a commitment in that regard but I will come back to him on the progress that is being made in respect of the legislation being presented.

Deputy Martin asked about the Seanad Electoral (University Members) (Amendment) Bill and the Taoiseach said it would not be debated before close of business. Does that mean close of business tonight or close of business before the election? There is another Seanad electoral reform Bill before the House, which is identical to the one proposed by Senator Quinn and passed in the Seanad. Will the Taoiseach give time for that Bill, or are we simply going to get time for a debate on a report? That will mean Seanad reform is buried. The Taoiseach will be well aware that many of us were trotted around to his office twice in the past year for talks on Seanad reform. Is he going to confirm now that those talks have led to absolutely nothing and we will have to go into the next electoral cycle before reform is considered?

A number of reports and Bills have been presented. We had a decision in 1979 in respect of the university panels and we have had reports in the meantime.

What I committed to was to provide an opportunity to debate the report presented by a group of individuals who served in the Seanad and have no personal interest in it other than their views as to how it might be improved. I gave a commitment that the House would have an opportunity to debate the report. I do not foresee the introduction of new legislation in respect of the Seanad during the current Dáil.

It is interesting to learn today that Deputy Conlan is to be charged with a criminal offence.

Hold on a second, Deputy. In the 13 minutes remaining, 12 other Deputies wish to speak. We cannot have debates about Deputy Conlan.

This comes on top of learning in the media that other Deputies are being charged with criminal offences. Fine Gael prides itself on being the party of law and order. It is very important that an impression is not created whereby those who are perceived to oppose the Government or members of it, advertently or otherwise, learn of criminal charges against them in the media.

The Order of Business is about promised legislation.

When will the independent policing authority be established to sever the direct links between the Government and policing because this is discrediting An Garda Síochána at this stage?

I do not get the Deputy's drift.

There is a perception of political policing.

In respect of the independent policing authority, I expect to have that legislation concluded and passed before the Dáil rises for the Christmas recess.

Is Deputy McNamara implying there were deliberate leaks?

I read the newspapers.

On Wednesday, 11 November, the Taoiseach gave an unequivocal undertaking to enact and have operational one-year bankruptcy law before the Christmas break. There are 11 working days left and this legislation must be enacted and operational to prevent the banks from continuing to financially waterboard families, destroy them and cause suicides.

I wish to raise a second issue, which is also very important. There is a deadline of 15 December for Ibrahim Halawa who is incarcerated in Egypt. This morning-----

The Deputy may not raise this issue on the Order of Business.

I want to give the Taoiseach information.

I ask the Taoiseach to respond on the bankruptcy Bill.

This morning, on the Luas line at Leopardstown, I met a classmate of Ibrahim's-----

That is fine and very interesting but not a matter for the Order of Business.

-----who is a constituent of mine in Dublin South at the Islamic Cultural Centre.

Please resume your seat, Deputy, and do not ignore the Chair again. This is not a matter for the Order of Business.

This man might be condemned to death but a presidential decree sent by the Taoiseach-----

I had to ask you to leave the House last week or the week before and you will have to leave again.

Yes, a Cheann Comhairle, you are making a habit of asking me to leave the House.

I will continue to do so for as long as the Deputy ignores the Chair. I ask him to resume his seat.

I am not ignoring the Chair. I am respecting the Ceann Comhairle and giving him an opportunity to allow me to finish two sentences on the life or death of a 19 year old man.

Will the Deputy resume his seat, please?

If the Taoiseach sends a presidential request by presidential decree to the President of Egypt-----

Resume your seat, Deputy, or you will leave the Chamber.

-----the man can be tried in his home country.

Are you listening to me?

Of course I am listening.

You will leave the Chamber otherwise.

A Cheann Comhairle, this is-----

You are out of order.

I am not out of order.

There are other ways to raise the issue besides the Order of Business.

There are no other ways for those who are "others" in this House. I effectively do not have any speaking rights.

You have speaking rights, like any other Deputy.

Effectively, I do not have any speaking rights.

Please resume your seat.

I do not have a right to speak on statements, etc.

As a member of the Technical Group, you have every right to speak.

I hope the Taoiseach understands the good faith with which I am raising-----

Hold on a second. You better understand or you will go out the door. Listen to me and sit down, please.

This is in good faith.

Will you sit down? You are really stretching it.

Sit down, please. After nearly five years in the House, it is time you learned Standing Orders.

I am most respectful of courtesy and graciousness in this House.

You are ignoring the Chair.

In respect of the Bill on one-year bankruptcy, the Minister for Justice and Equality will bring the memorandum to Government next Tuesday.

The Taoiseach and Tánaiste gave an undertaking to introduce the legislation before Christmas. It is on record.

Be quiet, please.

The Minister will bring the Bill-----

The Taoiseach will have a lot of explaining to do to the people of Ireland.

Deputy Mathews, would you mind staying quiet?

He should listen to the answer.

The Minister will bring the Bill to Cabinet next Tuesday.

This House does not understand simple words such as "undertaking".

Deputy Mathews, will you leave the House?

Before he leaves, he should know that the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan, will address the other matter he raises at the Joint Committee on Foreign Affairs and Trade this evening. He is welcome to attend that meeting.

Leave the House please, Deputy Mathews.

The matter is in the Taoiseach's hands.

Did you hear me?

Deputy Peter Mathews withdrew from the Chamber.

That was all he wanted.

The issue I raise relates to proposed or possible legislation to deal with transactions related to IBRC. If it is the case that the current commission of investigation into the dealings of IBRC may take several years to complete - as the Taoiseach indicated, some estimates suggest it could take eight years to complete - a revised financial appraisal and assessment needs to be done and made public before any decision is made about proceeding with legislation.

Thank you, Deputy.

I believe this matter falls within Standing Orders.

Yes, but nine other Deputies wish to contribute.

When the High Court judge heading the commission of investigation refers to a potential waste of taxpayers' money, the first step should be to conduct such an analysis and circulate the outcome to everyone involved. The Committee of Public Accounts discussed this issue last week and took the view that the commission of investigation should not be open-ended. That is the first step in respect of the IBRC investigation and any changes that are agreed.

The Deputy has made his point.

I take Deputy Deasy's point, which is valid. As I stated, we will take the written responses from the parties and the Government will consider the matter and try to respond in the best and most effective way possible on Tuesday, taking all these things into account given the remit of and problems identified by Mr. Justice Cregan.

As nine Deputies wish to speak in the remaining seven minutes, I ask speakers to be brief, please.

The office of Government procurement is viewed as an integral and important part of the-----

I ask the Deputy to cut out the preliminary remarks and get to the substance of the matter.

-----control of expenditure and obtaining value for money. When is the Office of Public Procurement Bill likely to come before the House? Have the heads of the Bill been cleared? Is it likely to be introduced in this session or a subsequent session?

A consumer rights Bill is also promised to consolidate consumer rights in legislation. Is the Bill due to come before the House in the current or next session?

On an issue that has come to prominence in the past 24 years, the purpose of the water environment Bill is to implement the water framework directive. This is extremely important legislation which will benefit everyone. Is the Bill likely to be passed before the House adjourns indefinitely?

Unfortunately, on this occasion, I must point out that the control of expenditure Bill, consumer rights Bill and water environment Bill giving effect to the EU directive are all due next year.

On the interim report into IBRC, Mr. Justice Cregan identifies confidentiality, privilege and the Stock Exchange as areas where there is a legal impediment to proceeding and estimates that the 18 months it would take to do even a scaled down review would only kick in after these legal difficulties have been addressed. Does the Government plan to introduce legislation or is the Attorney General working on legislation in these three areas? If so, is it likely to be emergency legislation that will be enacted before Christmas?

I would like to think that the Government, on behalf of the Oireachtas, can respond to the difficulties outlined by Mr. Justice Cregan, taking into account the written observations on the interim report from different Members. The Attorney General and her office are working on the interim report received from Mr. Justice Cregan and I expect the Government will discuss this matter at its meeting next Tuesday.

A serious matter has arisen regarding the National Association of General Practitioners, which has stated that 32 general practitioner positions in rural practices have been left unfilled. The most recent manifestation of this has been in Bansha, County Tipperary, a place the Tánaiste knows very well. The Health Service Executive has refused to advertise a general practitioner position for a GP in the town who is sick. I wish her well in her illness. The position in the health service is serious.

To which Bill is the Deputy referring?

I am referring to the general practitioners Bill. A wide area surrounding Bansha, County Tipperary, will be left without a general practitioner if the Government does not listen.

I am informed there is no general practitioners Bill.

It is on the Order Paper.

Not according to the information provided to me.

To which Bill is the Deputy referring?

The general practitioners services Bill. I do not know if it features in the promised legislation document but it is included in the document I read five minutes ago.

It must be a fantasy.

It is in the document. More important, people in Bansha need a medical service because they do not have one.

There are other ways to raise the issue.

Deputy McGrath is well aware of the implementation of the decision in respect of those aged under six years and over 70 years, which deals with general practitioners.

I am not talking about that. I am talking about the medical services Bill.

I answered the Deputy and Deputy Martin earlier about discussions with the Minister for Health.

That is not an answer.

I ask Deputy McGrath to resume his seat.

People deserve treatment.

Resume your seat, Deputy.

I am sure the people of Bansha are happy to see that the under sixes and over 70s have already been dealt with.

They are not interested in under sixes. That is only a joke. They need a GP.

I will not tell the Deputy again. Resume your seat and respect the Chair.

Let him join Deputy Peter Mathews.

Deputy Mattie McGrath thinks there is no one here only himself asking questions.

We have three minutes left and six people want to come in.

I never got an answer on the Bill.

You are totally out of order, Deputy McGrath.

It is in the book.

What book? Do not-----

Bye bye, Mattie.

That is very accurate, a Cheann Comhairle. "What book?" sums it up.

As the Taoiseach is aware, many professional criminal organisations throughout the country continue to benefit financially from the proceeds of crime.

Cut out the preliminaries and just ask the question on the legislation.

When can we expect the proceeds of crime legislation to be brought before the House for debate? Have the heads been published?

It is still with the Criminal Assets Bureau in relation to a number of points it has raised. As such, it will be a while before it comes here.

It is still possible to administer electroconvulsive therapy without a patient's agreement or acquiescence. I understand that the Minister of State at the Department of Health, Deputy Kathleen Lynch, has given a commitment that legislation will be brought forward before the end of the year to deal with this. Where is that legislation? What Bill will include it?

I welcome the commitment that the Minister for Justice and Equality will bring a memo to Cabinet on the bankruptcy Bill. When will we see the bankruptcy Bill before the House?

I support the bankruptcy Bill in respect of the one year proposal. I have said that the Minister will bring the Bill before the Cabinet next Tuesday. I expect that as Whip, Deputy Ó Fearghaíl will push for its discussion within the time left to the current Dáil.

There is a need to establish a dedicated family court structure. When will the family courts Bill come before the House?

The Bill is due next year.

Many families are being discriminated against in the absence of the school admissions legislation. When will it come before the House? The Taoiseach claimed that there would be a new full Department for children.

The Deputy only has a minute.

I ask about two pieces of promised legislation. When will the legislation to give effect to the referendum in relation to children in long-term care being available to be adopted come before us? Will it come before the House falls at election time? The report from the joint committee on the information and tracing legislation was presented to the Minister for Children and Youth Affairs. Can the Taoiseach give a firm commitment that the legislation will come before the end of the Dáil term?

Both Bills relating to adoption are being worked on by the Office of the Parliamentary Council. I expect it will be next year. The Education (Admission to School) Bill has been published and is awaiting Second Stage.

I do not think the Taoiseach responded to Deputy Martin's question about the disability-equality (miscellaneous provisions) Bill to ratify the UN Convention on the Rights of Persons with Disabilities. When is the Bill expected to be published?

I think it is to be published next year. I hope that is clear. He says I do not give him any information.

That is something that is also in the book.

We need to establish a dedicated family court in order to improve the levels of judicial expertise and training in family law matters-----

We all know about that.

-----and to streamline family law procedures thereby making them more user friendly and less costly. When can we expect the family law Bill?

This was debated in the Seanad yesterday. One needs legislation here, not a referendum. The legislation is being worked on by the Minister for Justice and Equality.

The time has expired. It is not good for my blood pressure, I must admit.

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