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Dáil Éireann díospóireacht -
Tuesday, 14 Jun 2016

Vol. 913 No. 1

Order of Business

It is proposed to take No. 10, motion re sittings and business of the Dáil; No. 12, motion re Offences against the State (Amendment) Act 1998; No. 13, motion re Criminal Justice (Amendment) Act 2009; No. 16, Energy Bill 2016 [Seanad] - Second Stage (resumed); and No. 1, Road Traffic Bill 2016 [Seanad] - Second Stage.

It is proposed, notwithstanding anything in Standing Orders, (1) that No. 10 shall be decided without debate; (2) that Nos. 12 and 13 shall be debated together and the following arrangements shall apply: (i) the speech of a Minister or a Minister of State and the main spokespersons for Fianna Fáil, Sinn Féin, the Labour Party, AAA-PBP, Independents4Change, the rural alliance and the Social Democrats-Green Party group, or a Member nominated in their stead, shall not exceed ten minutes in each case and such Members may share time; (ii) the speech of each other Member called upon shall not exceed five minutes in each case; and (iii) a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and (3) that Private Members’ business shall be No. 25, Rent Certainty Bill 2016 - Second Stage, with the Second Stage proceedings thereon, if not previously concluded, being brought to a conclusion at 10 p.m. tonight.

There are three proposals to be put to the House. Is the proposal for dealing with No. 10, motion re sittings and business of the Dáil, to be taken without debate, agreed to?

It is important to highlight the fact that the proposals for the Order of Business were changed an hour or two ago from those we had originally received. The changes relate to a correct decision made by the Government which had been prompted by a telephone call made by me to the Chief Whip’s office, about an original proposal to have a European directive on country by country reporting on corporate tax requirements transposed into Irish law and the decision by the Standing Order 112 Select Committee on subsidiarity for the Dáil to vote on it today without debate. This is an important matter to do with dealing with corporate tax evasion and a recommendation of the select committee that we not debate it. I am glad that the Government conceded, on foot of the representations made by me, to a debate on it tomorrow. However, the House needs to know that this important issue was not going to be debated. Everyone needs to understand how significant it is because we are dealing with the controversial and significant issue of country-by-country reporting and attempts by the European Commission to deal with corporate tax evasion.

We cannot get into a debate on the issue, but, thankfully, the Government appears to have responded to the Deputy’s request.

It is welcome that it has. However, it was only because representations had been made. Deputies need to know that a subject of great significance will be decided on by the Dáil tomorrow.

Is the proposal for dealing with No. 10 agreed to? Agreed. Is the proposal for dealing with No. 12, motion re Offences against the State (Amendment) Act 1998, and No. 13, motion re Criminal Justice (Amendment) Act 2009, agreed to? Agreed. Is the proposal for dealing with Private Members’ business agreed to? Agreed.

There is a commitment in the programme for Government to the establishment of a public sector pay commission to review public pay, with an emphasis particularly on lower paid public servants. There has been much angst about young teachers, young gardaí and young health personnel on low levels of remuneration. Will the Taoiseach confirm when the commission will be established? Will the Dáil be consulted on the commission’s membership and terms of reference?

When will the legislation to implement the European victims of crime directive be brought before the House? It would strengthen the rights, supports and protection of victims of crime. Will the Taoiseach indicate the time schedule for implementation?

Revised education and health Estimates will be debated by the House this week. There is a commitment in the programme for Government to policy-proofing as a means of advancing equality, reducing poverty and strengthening economic and social rights. When will that process be initiated? Will the Taoiseach outline the nature of the process?

Will the Taoiseach indicate when the legislation to suspend water charges will be brought before the House?

On the public pay question raised by Deputy Micheál Martin, the Minister is bound to discuss with all of those who signed the Lansdowne Road agreement on public pay then follow through on it. He is actually doing this.

Over the next couple of weeks he will make his intentions, and their details, known to everybody.

In respect of the victims of crime directive, this matter is being treated as a priority by the Minister for Justice and Equality and it has been raised both with the Policing Authority and with the Garda Commissioner.

The question of water was approved by the Government this morning at its Cabinet meeting. While the arrangements for taking Dáil business are now somewhat changed, with the 60%-40% ruling, I expect the Whip will make arrangements for that to be brought in - probably next week, I would think, if that is possible. We said we would make this arrangement as quickly as possible, so I expect it will be next week for the water issue.

In respect of the poverty issue, this is obviously a matter of legislative priority for Government but there are also issues like water, the IBRC issue, which we mentioned before, and the question of drugs and the Department of Health. There are also a small number of other issues of real priority on which I would like to see co-operation in the House in order to move some of them through before the House rises for the summer recess.

A Cheann Comhairle, déarfaidh mé cúpla focal ar dtús faoi na daoine bochta a fuair bás-----

Sea, tá sé sin aontaithe. Tá nóiméad amháin agat dó, más maith leat.

Déanaim comhbhrón ar mo shon féin agus ar son Shinn Féin le teaghlaigh agus cairde na ndaoine a maraíodh in Orlando sna Stáit Aontaithe. Ar dheis Dé go raibh a n-anamacha. Chuir sé déistin orm nuair a chonaic mé an t-imeacht. Caithfimid uilig seasamh go láidir in aghaidh an ionsaithe seo.

On my behalf and on behalf of Sinn Féin, I want to extend our sincerest and heartfelt sympathy and solidarity to the families and friends of those killed in the despicable act of brutality and hate in Orlando on Sunday. We in Ireland and people in the USA enjoy an excellent relationship, and Irish people, like people throughout the world, watched in shock and horror the news of those brutal killings and of families being robbed of loved ones - sons, daughters, spouses, colleagues, work mates, parents and siblings. It is another painful and harrowing reminder of the struggle for gay, lesbian and transgender equality the world over, and the need for all of us to work towards that aim. Our thoughts and prayers are with those who are going through terrible pain at this time.

Tá dhá cheist agam agus ceann amháin acu faoi chlár an Rialtais and the other about the citizen's assembly, about which the Taoiseach spoke earlier. Last week the UN Human Rights Committee issued a very stern rebuke to this State and accused us of subjecting Amanda Mellet to discrimination and cruel, inhuman and degrading treatment. It also criticised us for putting Ms Mellet through the financial and emotional suffering that she endured. The UN body ordered the Government to compensate Ms Mellet and to ensure she receives the adequate psychological treatment she may need.

Can the Taoiseach confirm she will be compensated and will receive any psychological treatment she requires? Can he tell us when the citizen's assembly he has proposed will be established? The commitment is to do it within six months. Has the Taoiseach set a date for its first meeting? Given that other women might find themselves in a similar situation to Ms Mellet, there is an urgency about dealing with this matter. Can the Taoiseach spell out what consultation will be undertaken with Dáil Members? The Taoiseach says an alternative needs to be in place, which is fair enough, and while we in Sinn Féin want to see constitutional change, that is up to the people. Can the Taoiseach spell out what consultation will be undertaken with Dáil Members, especially around these matters of constitutional change?

Last week I raised the issue of Moore Street under the programme for Government.

I specifically asked whether the Minister plans to appeal the High Court judgment to protect the Moore Street national monument. The Taoiseach said, "The Minister has not decided to appeal the case", but then went on to say: "It is not a matter of wanting to appeal the case. There is a requirement for clarification." Will the Taoiseach spell out what is the legal basis for seeking clarification and what is the clarification that is being sought? His reply has led to public concern, including the concerns of the 1916 relatives who took the court case in the first place. I share this concern. It seems to me this could be an appeal by another name. We all know that in this centenary year of 1916 the public response to all of the centenary events has been very uplifting. The High Court decision, which should never have had to be made in the first instance, has been widely welcomed. Will the Taoiseach tell us clearly whether the Government is appealing the High Court judgment? Can we ensure that any development plans for the area and the Moore Street battlefield site will protect the entire national monument as defined by the High Court? Will the Taoiseach give us some indication as to when we can expect detailed proposals on the sensible development of this site and its environment?

I thank Deputy Adams for his ceisteanna. The Government has 180 days to respond to the finding of the UN Human Rights Committee. This will require some detailed conversations and discussions between the Office of the Attorney General and the Minister for Health. This will take place over the next period. As I said, we have 180 days to respond. The citizens' assembly will be set up within six months of the date of the formation of the Government. As I indicated to Deputy Coppinger, I intend to bring a memo to the Government next week to initiate this process. There will have to be discussions with the Dáil. I envisage the terms of reference for the assembly would have to be discussed. In any event, the assembly will have to report back to the Dáil because there will be an Oireachtas committee representative of members, with expertise available to it, to reflect on those propositions, recommendations or whatever the citizens' assembly might bring forward. Eventually it is this House that will have to make its decision in respect of anything to be done in regard to the eighth amendment if that be so. I repeat again that on an issue that has been so socially divisive in this country it is not something to be rushed into immediately without a very clear understanding of the nature and scale of consensus that might exist.

In respect of the Moore Street situation, the Government decided this morning to appeal this case to the Court of Appeal.

I might say something to the Deputy if he will let me finish. This is a 400 page judgment. It is a complicated judgment. It is the first time the High Court has ever determined that a national monument be on private property. It could end up in all kinds of contentious litigation in future. It certainly requires that the Government, in respect of whoever the Minister with responsibility for national monuments might be in the future, knows what it can do and cannot do. In fact, if one were to proceed now, without the Court of Appeal determining elements of this judgment, one could put at risk the determination of the national monument at Nos. 14 to 17 Moore Street with regard to the expenditure being paid out for it and the work being undertaken in terms of restoration. Sinn Féin and Fianna Fáil have legitimate propositions for the development of national monuments. The vast majority of land in this particular location is privately owned-----

It is owned by NAMA.

-----and could cost significant amounts of money. Work got under way last November to preserve the building. The Minister and officials studied the judgment very carefully. As I said, it runs to 400 pages. Of course, they have sought advice in respect of its findings.

People have very strong views about this. The Minister is anxious to have a consultative forum comprising the people of the area, not just public representatives, and others who have an involvement in this to see what the best way forward is. I have looked at it from many angles, and in view of the complex nature of the judgment given by the High Court, it is important that this be appealed to the Court of Appeal to straighten out, from the perspective of Government, the road ahead regarding national monuments, how one determines them, what one can do with them and whether one has to apply for permission for every single item from here on that will apply to every national monument around the country or whatever. The Government made that decision this morning.

A great way to celebrate 1916.

If it is appropriate, I wish firstly to say a few words on the mass murder in Orlando.

Coming just a year after the joyous scenes that followed the passage of the marriage equality referendum in this country, the appalling crimes carried out in the Pulse nightclub in Orlando, Florida, late on Sunday night serve as a stark reminder to us all of the need to maintain a relentless focus on building equality for all people. These crimes must be condemned for what they were, namely, appalling hate crimes against LGBT people. Great progress has been made in recent decades in the western world as we have moved towards a vindication of full citizenship for all people but the horrific events of Saturday night remind us of the need to avoid complacency. Research in Ireland tells us that one third of LGBT people have been physically or sexually attacked and half have been harassed in the past five years. Unfortunately, the vast majority of these attacks go unreported. Only 17 homophobic incidents were registered on the Garda PULSE system in 2013. Now is therefore the time for the national LGBT strategy, which examines all the needs of this community in Ireland, from tackling hate crimes and workplace discrimination to meeting the needs of older LGBT people and continuing to reform our education system to stamp out discrimination at all levels. I hope the events of recent times will spur us to move with absolute determination on that agenda. On behalf of the Labour Party, I extend my sympathy and the solidarity of my party to all those affected by the weekend's events in Orlando.

I wish to raise two issues on the Order of Business. Earlier today, together with our spokesperson on the arts, Deputy Burton, I met a cross-representative group of the arts community, people who are working directly in the arts in Ireland, to discuss Culture 2025. We have had the opportunity to build on the legacy of decades of commemorations. We have the opportunity now to produce an enduring and a lasting roadmap to build and copper-fasten culture at the heart of everything we do. To make this a reality, I ask the Taoiseach to ensure that the draft Culture 2025 document be submitted, before it is adopted, to the Oireachtas joint committee so there can be buy-in by all parties and representatives in this House regarding that really important matter.

Like the Taoiseach, I will be travelling to the UK later this week to advocate that citizens in the UK with Irish connections vote to remain in the EU. We know, and I will not rehearse again, the importance of this issue for this country. However, I am growing more anxious. I see the opinion polls today and the endorsement of one of the major newspapers in the UK for a Brexit strategy. I therefore ask the Taoiseach to update the House or at least, maybe privately, leaders of groups on Cabinet thinking and the Government's preparedness should there be an unfortunate exit vote in the next ten days in the UK so that we can be assured that the interests of this country are fully and completely safeguarded whatever way the people of Britain vote.

I thank Deputy Brendan Howlin for his comments on the Orlando massacre and I also thank the other leaders.

I asked that the Government fly the flag at half mast today on public buildings and hope to sign the book of condolence. There were multiple murders by Mr. Mateen in Orlando where 49 people were killed and 53 wounded at a night club. On behalf of the Irish people, I have sent a letter to President Obama indicating our solidarity with the American people and Government in the matter. I unreservedly condemn the latest appalling incident in the United States. That it occurred in the Pulse night club, a meeting place for the LGBT community, sends its own particular cowardly statement. I take to heart Deputy Brendan Howlin's point about discrimination here and the issues that still must be addressed following the marriage equality referendum and other issues relevant to the LGBT community. We will follow through on them.

I am happy for the draft culture report to be sent to the Oireachtas committee. It is a good suggestion.

I thank the Members of different parties who have travelled to Britain and Northern Ireland to make comments on Brexit. The result will depend on the turnout and whether people are sufficiently interested to vote on the issue. The evidence from many exporting firms here is that a Brexit would have a serious impact on this country in terms of competitiveness, efficiency, export capacity and so on. I will be happy to brief Opposition leaders. If the British electorate decide to leave the European Union, Ireland will not be leaving it. We have a very clear position on the issue. Ireland will continue to operate as a member of the European Union and speak, act and work in the interests of developing its potential. If Britain decides to leave the European Union, I will be very disappointed. It is very much in the interests of this country and Northern Ireland that Britain remain a strong and central member of the European Union. I hope, as people who intend to vote reflect on the issue in the coming days, that they will decide to vote to remain in the European Union. There are issues that need to be addressed. If Britain decides to stay, the agreement reached with the Prime Minister, Mr. Cameron, and the other 27 member states will be implemented forthwith. If it decides to leave, these issues will fall, given that they are a one-off. Ireland has linked its future with the euro, the eurozone and the European Union by virtue of the referendum on the fiscal stability treaty a number of years ago. Lessons can be learned here about the necessity for change and the capacity of political leaders to effect change in the European Union in the interests of everybody.

The Anti-Austerity Alliance and People Before Profit wish to express their sorrow and anger at the horrific terrorist attack on the LGBT community in Orlando, Florida. We wish to show our solidarity with the LGBT community in the United States and internationally. We echo the view in the LGBT community that this should be an occasion on which to show unity and solidarity among ordinary people and that there should be no racist or Islamophobic response. It is more important than ever that the fight against homophobia which, unfortunately, affects all societies be stepped up in a serious way.

I refer to the export of Irish greyhounds to Macau.

It continues apace and is a virtual death sentence for the dogs. In Macau dogs that are not winners and that get injured are put down. As a result of the death sentence on them, the Australian state recently banned the export of its dogs there. As the Taoiseach will be aware, people here are campaigning for a similar ban, which would be right and proper. Shame should not be brought on this country by the export of dogs to Macau for racing and to be killed. Are there plans to introduce legislation to prevent the export of Irish greyhounds to Macau or any other country which does not have proper legislation in place guaranteeing the welfare of animals?

I am not aware of plans for the introduction of legislation in this area, but I will bring the matter raised by the Deputy to the attention of the Minister for Agriculture, Food and the Marine and have the Deputy apprised of what is going on here or the intentions of the Department or the Minister in this regard.

I refer to job creation in rural Ireland, especially in County Kerry where we are greatly hampered by the lack of road infrastructure into the county, with bottlenecks in Macroom and Adare. Last year the Minister for Transport, Tourism and Sport announced that the Macroom bypass project had been included in the six-year capital investment programme. For which of the six years is it scheduled? County Kerry is greatly hampered in the creation of jobs and we cannot attract indigenous or foreign investment because of the lack of infrastructure, especially for access. The broadband service is practically non-existent. If one gets off an aeroplane at Farranfore Airport and travels one mile either way on the three roads out of Farranfore, there is no mobile phone coverage. To ensure fair play for the people of County Kerry, when will the Government provide the necessary funding for the Macroom bypass project?

On a point of order, Macroom is in County Cork.

To get to County Kerry, people have to pass through County Cork.

Let us not get too territorial.

Now that there is a Minister from Macroom, I ask him to put his shoulder to the wheel on this issue. The Minister for Agriculture, Food and the Marine knows better than anyone that on many days the wheels through the town move very slowly. Will he give this project priority?

When one crosses the county bounds in travelling from Killarney towards Cork, one hits the section between Ballyvourney and Macroom. This issue has been raised on many occasions. Planning permission has been granted for the project which is part of the capital programme, as is the Adare bypass project. A review is pending, in 2018, as the Deputy will be aware. I cannot answer on the detail of where the projects stand today. Planning permission has been granted for the Ballyvourney to Macroom project which is important and essential, while work is proceeding on the design and planning issues in respect of the Adare bypass project. They are both included in the capital programme and we hope they can be expedited as quickly as possible. We do not like to see any county, particularly the Kingdom, being, as the Deputy might say, "discriminated against" in the context of job creation. One wants to be able to get into the place quickly, but one also wants to be able to get out of it quickly.

In the light of the fact that we have had expressions of condolence, it would be appropriate to extend the Order of Business by five minutes or so.

On behalf of the Social Democrats, I express my deepest sympathy to the families and friends of all those who died in the horrific attack in the Pulse nightclub in Orlando and extend good wishes for recovery to all those who were injured in that awful event. Our sympathy and hearts go out to the community in Orlando, particularly the LGBT community.

Last Thursday on the Order of Business I asked a question about the massive hike in waste charges. I asked for a response which I have not yet received. I raise this issue because it entails secondary legislation. Last January we were told by then Minister, Deputy Alan Kelly, that the new charging regime, based on pay-by-weight, would result in savings for 87% of people. However, far from this, we now have a situation where the vast majority are faced with an increase in the standing charge of up to €100 a year before they put out a bin at all, as well as significant increases in the pay-by-weight system being introduced. It is clear that the waste companies are operating a cartel. When the Minister for the Environment, Community and Local Government moves to introduce regulations to prevent charging for green bin collections, will he also ensure restrictions are placed on waste companies in increasing standing charges which represent a stealth tax for many, especially older people who generate little waste? The regime flies in the face of the polluter pays principle and will result in a significant increase in the cost of living for many families. Will the Minister give a commitment that he will move to prevent waste companies from increasing the standing charge? Will he, as a matter of urgency, call in the waste companies and instruct them to stop this approach?

I thank the Deputy for her comments on those who lost their lives in Orlando.

The new Order of Business arrangements will provide for Ministers to reply directly about the detail of legislation, which will prove helpful for all Members. I understand from the Minister mentioned that the regime has just been introduced. He intends to monitor the position carefully and will obviously apprise the Deputy and everybody else of what is happening about the issue and concern she has raised. He will, therefore, be in touch with her. For her information, because she has raised the issue with me on a number of occasions, she will be happy to know that the Government gave approval this morning to the Minister for Health to deal, as a matter of priority, with a number of new substances under the Misuse of Drugs Act 1977.

Is the Taoiseach aware that there is a no swim notice in place on three beaches in my constituency - Velvet Strand, Portmarnock, front strand, Balbriggan and south beach, Skerries? Is there anything in the forthcoming legislative programme - I note, in particular, the water services Bill and the maritime area and foreshore (amendment) Bill - which will increase the powers of Irish Water to address this matter and ensure it will not happen again?

The Taoiseach was given the opportunity to apologise to Amanda Mellett. With the women of Ireland, we would like him to take that opportunity.

That would not be appropriate on the Order of Business.

If the Deputy pays her water charges and contributions, she will add greatly to the capacity of Irish Water to continue to invest in dealing with wastewater services and the provision of proper sewerage schemes around the country. Nobody wants any beach to be in the position she has identified. The reason Irish Water is able to borrow and invest in this way is to deal with these issues. The Deputy can help not just by contributing in the House to the debates but also by contributing a modest charge for the water she uses.

Under the wildlife (amendment) Bill proposed by the Department of Arts, Heritage and the Gaeltacht, the freshwater pearl mussel should also be included for de-designation. It was designated in the upper Blackwater region of County Cork, but it has transpired, according to scientists in the Department, that it should not have been designated in the first instance.

I ask the Taoiseach, with respect to the Wildlife (Amendment) Bill, to make sure there is proper scientific evidence for any proposed designated area, and that the regions that were designated heretofore will be undesignated or de-designated.

I ask the Taoiseach to correspond with the Deputy because the time is up.

I will follow up that matter with the Deputy.

That concludes the Order of Business.

A Cheann Comhairle-----

I am sorry. That concludes the Order of Business.

On behalf of the Green Party, I want to express my view-----

Okay. Go ahead.

I attended the vigil last night and there was a sign displayed which made me think. It said, "It is all about love". I thought of those lines that every Irish married couple know from the letter to the Corinthians that "Love does not delight in evil but rejoices with the truth. It always [trusts, always protects,] always hopes, always perseveres". That was the mood at the vigil last night, but love might need a bit of a helping hand because it seems our world at the moment is full of people who are evil and who are willing, all too easily, to dishonour others, people who are self-seeking, easily angered and keep a record of wrongs. I was thinking of the words the Ceann Comhairle uses at the start of every day here, namely, "that every word and work of ours" may start with and end with love, in how we deal with migration, the economy, international affairs and how we stand up for our gay friends and colleagues in everything we do. It is about equality. We stand for love in this House against the evil we saw at the weekend.

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