Dáil Éireann díospóireacht -
Tuesday, 28 Jun 2016

Vol. 915 No. 2

Questions on Proposed Legislation

Deputy Sean Fleming

I wish to put three questions to the Tánaiste that relate directly to her Department. The first is the mortgage (special courts) Bill. As the Tánaiste is aware, this deals with the situation whereby many families throughout the country are still in trouble paying their mortgages for a variety of reasons. An increasing number of cases for repossession are before the courts. The Bill is meant to allow a dedicated new court to sensitively handle mortgage arrears and other personal insolvency issues. Can the Tánaiste confirm when this Bill is expected to be published?

The second question relates to the criminal justice (proceeds of crime) Bill. There is considerable agreement in the House on the urgency of this legislation. Can the Tánaiste give a timetable for when this will be published and passed? Will it be sent for pre-legislative scrutiny?

As we are all aware, the EU Council is being held today. Given the Brexit referendum result, we all agree on the need for intensive engagement with the UK Government and Stormont in respect of Ireland's unique position and relationship with the North. Can the Tánaiste confirm whether initial contacts have been made by her with her counterpart on justice matters in the UK?

The Tánaiste

I expect the first Bill the Deputy mentioned to be before the Cabinet next week.

The legislation on the Criminal Assets Bureau was before the Cabinet this morning and will be published within the next day or so when the Bills Office has finalised its work on it. Of course, if the justice committee is in a position to engage in pre-legislative scrutiny on it, that will be done. However, we would like the legislation to be dealt with in a timely way and, if possible, enacted before the end of this term.

I have been in touch with and will meet the Minister for Justice from the North on Monday morning. I have also spoken to the Minister, Mr. Brokenshire, MP, in the United Kingdom about immigration and security matters and the impact of the vote in the United Kingdom.

Deputy Mary Lou McDonald

I want to ask about the citizens' assembly that is envisaged. I understand that, in the first instance, it will deal with the eighth amendment. Many of us wonder about the fact that yet another mechanism has been produced for more debate but also a further delay in dealing with what is a very urgent issue. Why are elected representatives excluded from the assembly? Will the Oireachtas have an opportunity to amend that course of action and have a structure similar to that of the Convention on the Constitution which was Thirty-two Counties in scope and involved representatives from the Oireachtas and the Assembly? What other issues does the Tánaiste envisage being involved? This or a similar mechanism might prove to be an ideal space in which to consider many of the Ireland-wide issues that arise in respect of Brexit and the vote in the North to remain.

The Tánaiste

As the Deputy will know, the Taoiseach has outlined the importance of the citizens' assembly as an opportunity to have a broadly based discussion on the eighth amendment. It is intended that it will be put together as quickly as possible and that the first topic for discussion will be the eighth amendment. The composition has been made known, as the Deputy said. It is a citizens' assembly, but it is intended that the findings will be brought back to the Government and the Dáil for detailed discussion. It will be to a committee in the first instance. It provides a unique opportunity to engage in discussion on this very delicate and difficult subject, which the previous Government had started to address with the protection of life during pregnancy legislation. At the Cabinet today the necessary Bill was agreed to in order to enable the selection of members of the assembly to proceed. I have no doubt that there will be a range of contacts with politicians during the period of the assembly. The details are yet to be worked out, but there will be an opportunity in this House to engage in discussion on that contact.

Deputy Brendan Howlin

On secondary legislation, when will the deposit guarantee scheme provided for in the Residential Tenancies (Amendment) Act 2015 be commenced? The Tánaiste will know that it is the process whereby deposits will be lodged with the PRTB rather than held by the landlord. One in four disputes with tenants is a dispute over a deposit. It is important legislation which the Houses have enacted. When will it be commenced?

My second question relates to the Tánaiste's Department. Where stands the statutory inquiry into allegations of Garda misconduct dating back to 1998 made by the former ISME chief executive, Mr. Frank Mulcahy? What are the terms of reference and when will we see them?

The Tánaiste

On the Deputy's first question, I understand the scheme will commence next year.

Deputy Brendan Howlin

It is not starting until next year.

The Tánaiste

So I am informed, but I will communicate directly with the Deputy on the matter.

Deputy Brendan Howlin

What is the reason for it taking so long?

The Tánaiste

I will ask the Minister, Deputy Coveney, to communicate directly with the Deputy on this matter.

The Deputy also asked about an inquiry. There was a detailed review of over 300 cases in which complaints were made. In a number of cases, it was recommended that there should be further investigations. We have been in discussions with the Attorney General about the precise format of those investigations and the personnel who will undertake them. That process has not yet reached finality. I will inform the Deputy when we are at that point.

Deputy Brendan Howlin

Does the Tánaiste expect that to happen in this Dáil term?

The Tánaiste

I would expect that it will go ahead fairly quickly.

Deputy Paul Murphy

I would like to raise two matters. The increase in rent allowance that is being mooted would be welcome relief for those who face losing their homes because rents are out of control. If the housing crisis is to be solved, such an increase must be married with other initiatives. Does the Government have any plan to introduce legislation to deal with the issue of rent control? I suggest that legislation is needed to stop those who are adding to or fuelling rent increases. Is there a plan for a programme of house building?

Second, there is an obligation on the Government to schedule a debate on the Comprehensive Economic and Trade Agreement, CETA, as a matter of urgency. I suggest it should propose a motion on this issue. I would like to quote what the relevant Minister, Deputy Bruton, said in response to me last November.

An Ceann Comhairle

That is not really appropriate. I ask the Deputy to be brief.

Deputy Paul Murphy

He said: "Once this phase is completed, it will have to be ratified by the parties involved, including all 28 EU member states. In Ireland’s case, this will mean a decision of the Houses of the Oireachtas".

An Ceann Comhairle

All right.

Deputy Paul Murphy

At that time, the Commission had said it was going to put a proposal for provisional application to the European Council. I understand that would have happened today if it had not been for Brexit. It will happen on the next occasion. Once it is in, the investor-state dispute settlement instrument will apply and will continue to apply for three years afterwards even if we later vote against it and it does not go ahead.

An Ceann Comhairle

The Deputy might find another way to explore this issue in greater detail. Perhaps he might raise it as a Topical Issue.

The Tánaiste

I can say in response to the Deputy's first question that there are no plans for such legislation at present. It seems to me that the business committee might be the best place for the Deputy to take forward the second point he made. The Ceann Comhairle has also made a suggestion in that regard.

Deputy Danny Healy-Rae

I want to ask the Minister for Social Protection to address an anomaly and a serious matter. The disability equality (miscellaneous provisions) Bill is required to allow ratification of the UN Convention on the Rights of Persons with Disabilities and to make further technical amendments to disability and equality law. I am seeking to highlight the denial of disability payments to our own citizens when they go abroad for treatment. I am thinking specifically of the case of a young man who has had to leave his children behind. His wife has gone with him. It is very wrong that he is being denied his disability payments because he is outside the country. He is sleeping for 22 hours. At a time when we are giving over €600 million in foreign aid, which is being administered by dictators who are buying guns with it, it would be appropriate for this man and people like him to get disability payments when they are abroad.

The Tánaiste

I will answer the first part of the Deputy's question and ask the Minister, Deputy Varadkar, to answer the second part of it in accordance with the new procedures. It is absolutely the Government's intention that by the end of this year, it will be able to adhere fully to all of the conditions of the UN Convention on the Rights of Persons with Disabilities and thereby be in a position to sign it. Several pieces of legislation will need to be enacted to ensure Ireland complies fully with the UN convention. We will be in a position to do that. The Minister of State, Deputy Finian McGrath, is pursuing it.

Minister for Social Protection (Deputy Leo Varadkar)

There is no legislation pending on the particular matter raised by Deputy Danny Healy-Rae. Ordinarily, social welfare payments are paid only to those who are habitually resident in the State. However, if people are absent from the State for a short period of time, it can be possible to continue those payments. If the Deputy would like to give me the details of the particular case to which he refers, I will examine them. If legislation is needed to facilitate a change for legitimate purposes, that could be considered as part of the social welfare Bill later in the year.

Deputy Eugene Murphy

Regarding rural development in the programme for Government, the previous Government announced 16 months ago that the Leader programme would come on stream. Unfortunately, that has not happened. As many Members know, the Leader programme is extremely important to rural communities and small businesses, as well as many villages and towns. Will the Tánaiste give an indication as to when the Leader programme might be up and running? This is a vital lifeline for many communities and is badly needed. Is there any indication in the programme for Government as to when the Leader programme will be up and running?

The Tánaiste

I understand 18 Leader programmes were announced last week. This was an important statement on them. The Government certainly recognises the importance of the Leader programmes.

Deputy Michael Healy-Rae

I welcome this morning’s Cabinet discussion about raising the cap on rent allowance. There is a commitment in the programme for Government regarding the turnaround time for vacant local authority houses. The Tánaiste is aware of the awful situation where local authorities, including our own in County Kerry, are waiting for funds to turn around housing units to make them habitable for new tenants. There is a commitment in the programme for Government in this regard. What has the new Minister for housing done to improve this situation? It is ridiculous to have thousands of people on housing waiting lists while there are local authority housing units in estates throughout the country which have lain idle, not just for weeks or months but for six months and 12 months. Will the Tánaiste do something to improve that and help hard-working housing departments in local authorities? They are pleading for help. We have great people working in the housing departments.

The Tánaiste

At the Cabinet sub-committee working on the range of issues concerning housing, there has been a strong focus and emphasis on ensuring the very situation described by the Deputy is dealt with. The increased funding to local authorities makes it more feasible in order that they can turn around these houses for suitable occupation much more quickly than they have done in the past. The number of voids is down. Progress is being made on houses in estates throughout the country which have been left for periods, as outlined by the Deputy. I agree with him that it is unacceptable that we should have any house left on an estate that is not refurbished and made suitable for tenants in a short time. It must be a key focus for local authorities. It is certainly a key focus for the Minister and will be part of his discussions with local authorities. The extra funding will ensure the local authorities have the resources to do precisely what the Deputy said.

Deputy Bernard J. Durkan

Both the adoption (tracing and information) Bill and the broadcasting (amendment) Bill are promised legislation and are due this year. Is it expected to bring either or both of these Bills before the House before the end of this session?

The Tánaiste

The adoption (tracing and information) Bill is important legislation and much work has been done on it, as the Deputy is aware. It is expected to be in the House in the next term. The heads of the broadcasting (amendment) Bill are being worked on.

Deputy Anne Rabbitte

The Tánaiste said earlier that 18 Leader programmes had been announced. Regrettably, in east Galway, the Galway Rural Development Company, GRD, was unsuccessful, while FORUM Connemara was successful in applying for new Leader funding. What will happen to existing up and running community projects which have failed to access funding under the new Leader programme?

The Tánaiste

I suggest the Deputy takes that up with the line Minister.

An Ceann Comhairle

The Deputy could table a parliamentary question for written or oral answer on the matter.

Deputy Ruth Coppinger

I want to ask the Tánaiste about the citizens' assembly and how the Government plans to proceed in that regard. She mentioned that the Government was going to bring forward a proposal to the Dáil for us to analyse. I particularly want to ask whether the very badly named citizens' assembly will include any non-citizen. If it is to work strictly off the electoral register, as the polling company has been asked to do, will it include a sizeable number of people who live and have status in this country, who are married to citizens but are not citizens themselves and whose numbers are significant? As the Tánaiste knows, the eighth amendment also affects non-citizens, given that it affects anyone living in the country. As one in four of my constituents is from outside Ireland, this is a serious issue. We must, therefore, have non-citizens in the assembly.

On the same issue, will the Government do something to insulate those in the assembly from pressure from groups? For example, we all know that there is a history of anti-abortion and other groups lobbying Deputies intensely which are very, let us we say, descriptive in some of the ways they deal with people. I am very anxious that those in the assembly be protected against this.

The Tánaiste

The legislation that will be brought to the House, similar to the legislation that was brought before it when the convention was being set up, will concern the selection of citizens from the electoral register. The points made by the Deputy are certainly interesting, in particular the first point about who is included in the electoral register. The intention is that it is people on the electoral register who will form part of the citizens' assembly. They will obviously represent a wide diversity and-----

Deputy Ruth Coppinger

A lot of people are excluded from the register, some 12%.

The Tánaiste

If the Deputy attends the citizenship ceremonies, as I do, she will know about the wide range of people from all over the world who have applied for and gained Irish citizenship in the past ten years and who are now on the electoral register.

On the Deputy's point about protecting people from undue influence, that issue was managed very successfully during the convention and I believe it can be managed again. It is a relevant point that needs to be considered. When the chairperson is appointed, there will be the possibility for expert groups to support the work of the chairperson and the assembly. Given the sensitive nature of the topic and previous history, let us hope we will not see the situation outlined by the Deputy. However, I have no doubt that it is something of which the chairperson will be very cognisant and to which he or she will pay attention. Obviously, people's private addresses will not be known and I hope that situation will not arise. Nonetheless, it can certainly form part of the discussion when the Bill is introduced in the House.

Deputy Ruth Coppinger

When is the legislation due to be presented?

The Tánaiste

It was agreed to by the Cabinet this morning. I do not yet have a date for when it will be brought to the House.