Dáil Éireann díospóireacht -
Wednesday, 15 Jun 2016

Vol. 913 No. 2

Order of Business

The Taoiseach

It is proposed to take No. 14, motion re presentation and circulation of Revised Estimates 2016; No. 11, motion re report of the Standing Order 112 Select Committee on the proposal for a Council directive amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches; No. 12, motion re Offences against the State (Amendment) Act 1998 (resumed); No. 13, motion re Criminal Justice (Amendment) Act 2009 (resumed); and No. 14a, Revised Estimates for Public Services 2016 [Votes 26 and 38].

It is proposed, notwithstanding anything in Standing Orders, that: (1) No. 14 shall be decided without debate and any division demanded thereon shall be taken forthwith; (2) the proceedings in relation to No. 11 shall, if not previously concluded, be brought to a conclusion after 40 minutes and the following arrangements shall apply: the speech of the Chairman of the Standing Order 112 Select Committee and of the main spokespersons for Fianna Fáil, Sinn Féin, Labour, AAA-PBP, Independents 4 Change, Rural Technical Group and Social Democrats-Green Party, or a Member nominated in their stead, shall not exceed five minutes in each case, and such Members may share their time; and any division demanded thereon shall be taken forthwith; (3) the proceedings in relation to No. 12 and No. 13 shall, if not previously concluded, be brought to a conclusion after 20 minutes; (4) the debate in relation to Vote 26 shall, if not previously concluded, be brought to a conclusion after two hours 15 minutes and the following arrangements shall apply: (i) the speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin, Labour, AAA-PBP, Independents 4 Change, Rural Technical Group and Social Democrats-Green Party, or a Member nominated in their stead, shall not exceed 15 minutes in each case, and such Members may share their time; (ii) the speech of each other Member called upon shall not exceed five minutes in each case; and such Members may share their time; (iii) a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and the question thereon shall not be put until all the Revised Estimates for 2016 are moved and decided together by one question and any division demanded thereon shall be taken on Thursday, 7 July 2016; (5) the debate in relation to Vote 38 shall, if not previously concluded, be brought to a conclusion at 2.45 p.m. tomorrow and the following arrangements shall apply: (i) the speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin, Labour, AAA-PBP, Independents 4 Change, Rural Technical Group and Social Democrats-Green Party, or a Member nominated in their stead, shall not exceed 15 minutes in each case, and such Members may share their time; (ii) the speech of each other Member called upon shall not exceed five minutes in each case; and such Members may share their time; (iii) a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and the question thereon shall not be put until all the Revised Estimates for 2016 are moved and decided together by one question and any division demanded thereon shall be taken on Thursday, 7 July 2016; and (6) in relation to Private Members’ business which shall be No. 26, Parole Bill 2016 - Second Stage, the proceedings on the Second Stage thereon shall, if not previously concluded, be brought to a conclusion at 6.30 p.m. tonight.

An Ceann Comhairle

There are six proposals to put to the House. Is the proposal for dealing with No. 14, motion re presentation and circulation of Revised Estimates 2016, without debate, agreed to?

Deputy Brendan Howlin

On that issue, the Revised Estimates for four Votes were circulated this morning. One of them, the education Vote, is to be taken this evening and another Vote, Vote 38, is to be taken tomorrow. In the spirit of proper scrutiny of Estimates and the new regime that was to apply, how is it possible for Estimates to be published and circulated to Members this morning, and to expect a reasoned debate to be held on the same Estimates at 6 o'clock this evening?

The Taoiseach

This was discussed among the Whips and I understand we have had agreement on that.

Deputy Brendan Howlin

Sorry.

The Taoiseach

I understand this has been agreed and accepted by the Whips at their discussions.

Deputy Catherine Murphy

We did not expect that it would be published this morning and debated this afternoon.

An Ceann Comhairle

I am afraid it is before us now, so is the proposal agreed?

Deputies

Agreed.

Deputy Micheál Martin

That is a fair point by Deputy Howlin.

Deputy Brendan Howlin

This Vote is agreed because it is circulated.

An Ceann Comhairle

The Deputy's point is well made.

Is the proposal for dealing with No. 11, motion re report of the Standing Order 112 Select Committee on the proposal for a Council directive amending Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches, COM(2016)198, agreed to?

Deputy Richard Boyd Barrett

I mentioned this briefly the other day.

An Ceann Comhairle

You did.

Deputy Richard Boyd Barrett

Originally this proposal was not down for debate at all, quite extraordinarily.

An Ceann Comhairle

The Deputy made that point yesterday quite effectively.

Deputy Richard Boyd Barrett

I did, but I am going to make it again.

An Ceann Comhairle

I thought so.

Deputy Micheál Martin

It is not every day that the Deputy gets this far.

Deputy Richard Boyd Barrett

I want to acknowledge the efforts of Alice in the Whip's office in bringing this to the attention of the Government and allowing for some time.

When she asked me whether this was satisfactory, I said some time was better than none.

Deputy Mattie McGrath

Dúirt bean liom go ndúirt bean léi.

Deputy Richard Boyd Barrett

I still do not think the time being provided is adequate and would briefly like to explain why, a Cheann Comhairle.

An Ceann Comhairle

All right.

Deputy Richard Boyd Barrett

The issue I am highlighting is how we will deal with a proposal for a directive on country by country reporting on the European Union's efforts to clamp down on aggressive tax avoidance by multinationals. As we all know, this country and companies operating here are at the centre of that controversy. This is specifically directed at multinationals. I find it extraordinary that an all-party committee agreed that the matter should be decided on in the Dáil without debate. I also find it extraordinary that there is not a bigger appetite for a longer and more substantial debate on the matter. Essentially, we are evoking the principle of subsidiarity to prevent an effort to deal with aggressive tax avoidance by multinationals.

An Ceann Comhairle

The Deputy has made his point. Does the Taoiseach want to respond in any way?

The Taoiseach

As Deputy Richard Boyd Barrett is aware, the clerk to the Standing Order 112 Select Committee responded by requesting that an arrangement be made for the motion to be tabled before 15 June. She made the point that when the committee had considered the proposal, it had heard evidence from officials from the Department of Jobs, Enterprise and Innovation and reviewed submissions from various stakeholders. It formed the view that the proposal did not comply with the principle of subsidiarity and summarised its reasons for forming that view. Under Standing Order 114, when a committee drafts a reasoned opinion, it submits it to the Dáil by way of a report and the Chairman tables a motion which shall be given priority on the Order Paper in accordance with Standing Order 30. Such motions are generally decided without debate, but a 40-minute debate has been arranged on this occasion on foot of the views expressed by Deputy Richard Boyd Barrett. I ask the Deputy to accept this.

An Ceann Comhairle

I thank the Taoiseach. Is the proposal 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 Vote 26 - Education and Skills - agreed to?

Deputy Brendan Howlin

I think there is general consensus that the approach being taken on this point is unsatisfactory, but I am not going to cause a division on the matter now. However, I would like to ask about the publication of other Estimates. I presume they have all been passed by the Cabinet. Is that the case? If so, can the spokespeople who are preparing to engage with the Estimates for this year be given reasonable notice in order that they can do so adequately? This should happen before we begin looking at the Estimates for next year, when, by common consensus, we will have an entirely new regime.

The Taoiseach

I think that is fair. I will ask the individual Ministers to brief the Opposition spokespersons on the Estimates on what they generally contain.

An Ceann Comhairle

Can I take it that the proposal is agreed to? Agreed. Is the proposal for dealing with Vote 38 - Health - agreed to? Agreed. Is the proposal for dealing with Private Members' business today agreed to? Agreed.

Deputy Micheál Martin

The programme for Government contains commitments on home help hours and packages for carers. Information released to Fianna Fáil has revealed that the average processing time of applications for carer's benefit and carer's allowance is over 18 weeks and that the appeals process can take a further 23 weeks. This means that carers may have to wait for more than nine months before they receive payments. I suggest that in National Carers Week the Government needs to reaffirm its commitment to carers. Delays in processing applications can cause additional stress for carers who are already under immense pressure because of their caring roles. Will the Taoiseach confirm that the Government's commitment to carers will be realised? In particular, will he confirm that there will be a dramatic reduction in waiting times in the processing of applications for carer's benefit and carer's allowance?

The programme for Government also contains a commitment to address the future sustainability of rural GP practices. We have been warning about this for a long time. We have spoken about the lack of services in rural Ireland in the past five years. We have highlighted the crisis that is developing in general practice in many rural areas. There is a commitment in the programme for Government to examine the use of tax instruments and other incentives. The programme provides that "the HSE will be mandated to employ GPs on a salaried basis where needed".

Will the Taoiseach confirm if work has begun on these tax incentives? Has the HSE been mandated to employ salaried GPs in areas such as Bansha, west Clare and other rural communities?

I refer to Deputy Howlin's comments earlier and the heads of the domestic violence Bill which were published last July. What is the scheduling for this Bill?

The health information and patient safety Bill has been on various legislative programmes for more than a decade. What is remarkable about it is that it has made it every time on to the schedule. Its durability and resilience is due to the consistency of some official in the Department of Health. However, it never has made it beyond being listed. Will this legislation be published before the summer recess? What is the story with it?

The Taoiseach

The health information and patient safety Bill will not be published before the summer recess but will go for pre-legislative scrutiny shortly. There are several priority Bills in respect of water, paternity payments, the Irish Bank Resolution Corporation and several other matters I would like to get cleared before the summer period.

In respect of the carers and the issue of appeals, the Minister is working to reduce the appeal time. If an appeal is successful, it is obviously backdated. The carer’s support grant has been fully restored, a change from the cut in previous years. The programme for Government commitment in respect of the rural GP practices is a priority for the new Minister for Health and he is beginning work on this. There has not been an overall change of contract in this respect for more than 40 years. It is a priority for the Minister who will work with GPs in respect of that. We will report progress in due course.

Deputy Gerry Adams

I welcome the Taoiseach's visit to the University of Ulster and to Belfast on Monday in support of the campaign against Brexit. Notwithstanding the news that Mr. Cameron has decided to pull out of an event with the Taoiseach, I understand he will be spending several days in the north of England and Scotland. There are only nine days left before the vote takes place. Will the Taoiseach or other Ministers visit the North before then? The North being pulled out of the EU is bad for all of the island. While Sinn Féin is critical of the European Union, enough difficulties are created by partition and we do not need a part of this island inside the EU with another part outside. However, in the event the “Leave” side wins, has the Government a plan B to minimise any disruption? If there is a Brexit, will the Taoiseach support the democratic imperative of a Border poll to provide Irish citizens with the right to vote for an end to partition and for an all-island approach to the EU?

The programme for Government sets the ambitious target of wanting this State to be recognised as one of the cleanest and safest environments in the world. How does this laudable objective square with the significant increase in bin charges that most households now face? Thorntons has replaced its €40 a year standing charge with a weekly €2 service charge, meaning its customers will now have to pay €104 a year in service charges, on top of increased costs for lifting brown and black bins.

An Ceann Comhairle

Thank you, Deputy Adams.

Deputy Gerry Adams

Ní bheidh mé ach móimint, a Cheann Comhairle.

An Ceann Comhairle

Ceart go leor.

Deputy Gerry Adams

Greyhound’s standing charge has also been increased. Citizens and households have to sign up for a 12-month contract and these new measures kick in on 1 July. There is an urgency about this. It will inevitably lead to an increase in illegal dumping, a point the Taoiseach would acknowledge. Has the Government considered urgent action such as exemptions for households, especially those with special needs? Will these be in place by 1 July?

The Taoiseach

There will be several visits by Ministers to Northern Ireland and various locations between now and referendum day. After the discussions I had with people in Belfast during the week, there is evidence of little activity from the political parties on the ground in explaining to people what this referendum is about and the consequences for Northern Ireland.

I am glad the Deputy supports the campaign for people to remain members of the European Union because of its clear implications for the economy and, therefore, the livelihood and opportunities for people in Northern Ireland. Nobody wants to see a return to a hard Border but, much as we would not want that to happen, if the British electorate, including Northern Ireland, were to vote to leave, it would be very difficult to continue on as we were before. While it would not be our wish to have a return to that situation, it is difficult to envisage a situation where some conditions or controls were not applied.

I hope the people, on 23 June, vote in their wisdom to stay members of the European Union. That is obviously not within our control, although, as the Deputy has often pointed out, we are co-guarantors of the Good Friday Agreement and we have a specific vested interest in the Irish communities there. In addition, there are 200,000 Irish jobs here and a €1.2 billion trade across the Irish Sea every week. Those who are in business in Ireland and who export through Britain say that if an exit vote were to take place, it would do serious damage to competitiveness, with delays, inefficiency and increased costs for Irish business.

An Ceann Comhairle

It is not appropriate to get into a debate on the matter on the Order of Business.

The Taoiseach

In respect of the other matter raised by Deputy Adams, I refer to Deputy Joan Collins's charge that a cartel is operating here. It is a matter for the Competition and Consumer Protection Commission, and the Minister and his officials have been dealing with the issue of those who have disabilities and particular challenges. Let me repeat that the Minister, Deputy Coveney, is monitoring this situation very closely.

Deputy Brendan Howlin

I wish to raise the situation in the United Kingdom, should there be a vote to leave the European Union. I raised this matter yesterday and I asked the Taoiseach, if he was not in a position to brief the House overtly in regard to plans that might be being worked on currently by senior officials in the Department of the Taoiseach, the Department of Foreign Affairs and Trade and elsewhere in regard to this matter, then he might at least ensure leaders in opposition were fully briefed on the matter to ensure there would be a clear strategy to be implemented immediately by this country should the United Kingdom vote to exit the European Union.

With regard to legislation, I raised last week with the Minister, Deputy Bruton, the issue of the paternity leave Bill. I was told it would go to the Cabinet this week. Has the paternity leave Bill been approved, when will it be published and is it still the Government's intention that the new paternity leave arrangements will be implemented for September?

An Ceann Comhairle

We cannot get into a debate on the British referendum on the Order of Business.

The Taoiseach

I have asked the Secretary General of the Department of the Taoiseach to arrange a briefing for leaders or their appointed persons tomorrow. I expect that will take place and will give an outline of-----

Deputy Brendan Howlin

I am actually canvassing in England tomorrow.

The Taoiseach

I am sure Deputy Howlin can delegate responsibility to someone else to attend.

In respect of the paternity leave Bill, this was cleared and approved by Government yesterday. It will be published on Thursday and will be in the House next week.

Deputy Richard Boyd Barrett

I have a specific question. I understand the Minister for Education and Skills is to sign a statutory instrument by the end of this week that essentially closes off the possibility of level 8, Montessori trained teachers being able to work, as they have until now, within the State system in special schools. These teachers are trained in St. Nicholas Montessori College in my constituency and in the Cork Institute of Technology. There was a recognition to date that even though they did not have a bachelor of education qualification, their level 8 qualification would allow them to work in the State system and to be approved by the Teaching Council to do so in the specific area of special education, which is where their training is directed.

If the statutory instrument is signed I am told this career option for all of these highly qualified people trained to teach in the area of special needs will be closed off. They are asking that the statutory instrument is not signed. Will the Taoiseach provide a response on this? Will he ask the Minister for Education and Skills to do something about it? It is a very time-sensitive issue.

The Taoiseach

I suggest the Minister has a word with Deputy Boyd Barrett after leaving the Chamber.

Deputy Róisín Shortall

The Taoiseach has indicated the Government will finally legislate to do something about the control of the widespread abuse of prescription drugs, which is blighting every county in the country. When will the legislation be published? When does the Taoiseach expect it to be taken?

On the issue of waste charges, this will be the third day in a row on which I have asked the Taoiseach about regulations for the new charging regime. It may well be the case the Competition and Consumer Protection Commission has a view on what is happening and the allegation of a cartel operating, but it falls to the Minister with responsibility for the environment to make regulations to reverse the regulations the then Minister, Deputy Alan Kelly, introduced to allow for charging for green bins. These new regulations need to be signed, at which point would it not make sense for the Minister, Deputy Coveney, to make regulations, as he is required to do under law-----

An Ceann Comhairle

Thank you, Deputy Shortall.

Deputy Róisín Shortall

-----to prevent a huge hike in the standing charge, which all of the waste companies seem to operate?

The Taoiseach

The Minister, Deputy Coveney, is monitoring the situation very carefully, in response to questions from Deputies Collins and Adams. In respect of the misuse of drugs Bill, which was cleared yesterday, I expect it will be published by the end of the week. I expect it will be in the House in the week of 5 July.

Deputy Róisín Shortall

On a point of order, I asked about secondary legislation on waste charges, and I have asked about it three days in a row. This is with regard to the new regulations that will be required.

The Taoiseach

There will be a response to that by the end of this week.

Deputy Róisín Shortall

I asked last Thursday and I was promised an answer on the secondary legislation the following day.

An Ceann Comhairle

The Taoiseach will correspond with the Deputy.

The Taoiseach

There will be a response by the end of the week.

Deputy Mattie McGrath

The Taoiseach might be aware that today is world elder abuse awareness day. This is a very serious issue. Under the health (miscellaneous provisions) (No. 2) Bill, is the Taoiseach aware that only 32 caseworkers in the entire country deal with this area and 13,000 cases have been referred to them? It is a huge area that needs to be addressed. It is a very sensitive and sad area. Deputy Howlin spoke about another area of abuse earlier. Only 32 staff are employed. They cannot get next nor near the amount of referrals they have.

The Taoiseach

Elder abuse is an issue that is of considerable concern. I will have the Minister of State, Deputy McEntee, correspond with the Deputy in respect of the matter he has raised about elder abuse.

Deputy Catherine Connolly

With regard to the programme for Government and renewable energy, which I fully support and believe to be very positive, I must raise an issue which has been brought to my attention regarding the application for a foreshore lease to construct an offshore electricity generating station of the coast of Furbo and Spiddal. The closing date for submissions is Friday. The residents in the area are quite concerned, which is a bad way to go because we want people to work with us on renewable energy. As I stated, the closing date is Friday. I call for an extension of time for submissions from the public regarding a lease which will be for 35 years and will have serious implications. A public meeting by the Marine Institute was only held on Tuesday night for residents in the area.

An Ceann Comhairle

I do not know whether this is relevant to the Order of Business.

Deputy Catherine Connolly

It is regarding the programme for Government.

An Ceann Comhairle

It might be something on which the Deputy might care to table a Topical Issue matter.

Deputy Catherine Connolly

There is urgency to it. I do not want to take up any more time, but the closing date is Friday. It is with regard to renewable energy, which is a major part of the Government's programme.

An Ceann Comhairle

Will the Taoiseach ask the Department to make contact with the Deputy?

The Taoiseach

Yes, I will have the Department contact Deputy Connolly about that matter.

Deputy Jan O'Sullivan

I wish to ask the Taoiseach about the housing (regulation of approved housing bodies) Bill, which is on the legislative programme. The heads were agreed some time ago. There is a voluntary code to which most of the voluntary housing associations are signed up. However, this is important in the context of the provision of housing because voluntary housing associations have the capacity to provide a significant number of houses. If they had a regulatory code, it would make it easier for them to borrow in order to construct houses, so this is important in the context of the debate regarding the provision of housing, which is very lively at the moment. I ask the Taoiseach that the Bill be published as soon as possible.

The Taoiseach

The heads were cleared last September and once the committees are up and running, the Bill can be submitted for pre-legislative scrutiny.

Deputy Anne Rabbitte

This morning the Access and Inclusion Model was launched as part of the programme for a partnership Government and I have some questions for the Taoiseach on that. Will preschool nurses be recruited to support the child care settings? Will capital funding be provided as part of it? Will consideration be given to the clustering of occupational therapists and specialists with the national schools in an area? In particular, if the occupational therapist or the physiotherapist is called out, will he or she go across the road to visit the national school and will there be a follow-up?

The Taoiseach

These are all matters that will be discussed during the course of the debate on the legislation.

Deputy David Cullinane

On the Order of Business a number of weeks ago, I asked the Taoiseach about the status of the Action Plan for Jobs for the south east and whether it was the intention of the Government to re-evaluate that plan. Since then we have had the publication of the CSO quarterly household survey, which shows that unemployment in the south east is still dangerously high at 12.5%. It is double that of our capital city of Dublin and even more than double the mid-east figures. There was also-----

An Ceann Comhairle

Does the Deputy have a question on legislation?

Deputy David Cullinane

-----an independent report published by Waterford Institute of Technology which shows again the neglect of the south-east region. Is it the intention of the Government to re-evaluate the regional jobs strategies? Given the very high levels of unemployment in the south east, will the Taoiseach commit to giving the south east a higher priority?

The Taoiseach

While unemployment has dropped from 15.2% to 7.8%, it is still too high and there are regional disparities. One of the areas of concentration over the last period has been on the south east, as the Deputy is aware. I understand that there are priority questions to the Minister for Jobs, Enterprise and Innovation today which will deal with that.

Deputy Pat Deering

I wish to ask the Taoiseach about the status of the Technological Universities Bill. The Action Plan for Jobs for the south east was mentioned briefly. One of the key drivers of the Action Plan for Jobs in the south east is a university in the region. As the Taoiseach knows, the Technological Universities Bill reached Committee Stage in the last Dáil. I do not know the status of it now. What is the timescale for its conclusion?

The Taoiseach

As Deputy Deering is aware, that is one of the Bills that have been restored to the Order Paper of the Dáil and will resume on Committee Stage. The Government continues to see the technological university potential for the south east as being a priority and part of the region's overall development.

Deputy Willie O'Dea

When can we expect to see the publication of the health (transport support) Bill? This Bill has been in gestation for a number of years now and, as the Taoiseach will be aware, is very badly needed. In addition, when can we expect to see the publication of the judicial appointments commission Bill?

The Taoiseach

The health (transport support) Bill has been ongoing for quite a number of years, as Deputy O'Dea has pointed out. The Minister, Deputy Finian McGrath, is considering this to see can it be expedited.

Deputy Jonathan O'Brien

I have some questions on legislation. The misuse of drugs (amendment) (No. 2) Bill will establish medically supervised injecting centres. The heads were approved in January but the Bill is not due for pre-legislative scrutiny until autumn. How quickly can we progress this? In addition, the legislation only provides for one unit, which would be based in Dublin. The mediation Bill is to promote mediation as an alternative to the courts. The heads were approved more than four years ago in February 2012. The universities (amendment) Bill concerns guidelines on remuneration allowances and pensions. Again, the heads of that Bill were approved in October 2012.

An Ceann Comhairle

I call on the Taoiseach to respond briefly to these matters.

The Taoiseach

Regarding the supervised injecting rooms, the Minister for Health expects to bring the relevant Bill before the House in autumn of this year. He made that announcement following his dealing with prescriptive drugs. The mediation Bill will also be published later this year. What was the third Bill about which Deputy O'Brien asked?

Deputy Jonathan O'Brien

The universities (amendment) Bill, the heads of which were approved in October 2012, is about remuneration, allowances and pensions.

The Taoiseach

I will come back and advise the Deputy on it.

An Ceann Comhairle

My apologies to the seven other Deputies who had indicated but who have not been able to get in given that the time allowed has elapsed.