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Dáil Éireann díospóireacht -
Tuesday, 18 Oct 2016

Vol. 925 No. 1

Order of Business

Moving on to the gnóthaí na seachtaine, today's Government business shall be No. 9, motion re PQ rota change, without debate; No. 10, motion re Ireland’s participation in two European Defence Agency projects - referral to committee, without debate; No. 3, Wildlife (Amendment) Bill 2016 - Order for Second Stage and Second Stage; No. 15, Planning and Development (Amendment) Bill 2016 - Second Stage, resumed; and No. 16, Financial Motions by the Minister for Finance [2016], resumed. Item No. 11, motion re Future of Healthcare Committee, without debate, is not proceeding. Private Members' business shall be No. 77, motion re funding for education by the Labour Party.

Tomorrow's Government business shall be No. 17, Pre-European Council Statements; No. 18, National Tourism Development Authority (Amendment) Bill 2015 - Order for Report, Report and Final Stages; No. 15, Planning and Development (Amendment) Bill 2016 - Second Stage, resumed, if not previously concluded; No. 1, Medical Practitioners (Amendment) Bill 2014 (Seanad) - Second Stage; and No. 16, Financial Motions by the Minister for Finance [2016], resumed. Private Members' business’ shall be No. 78, motion re services and supports for people with dementia and Alzheimer’s disease by Fianna Fáil.

Thursday’s Government business shall be No. 16, financial motions by the Minister for Finance [2016] resumed. The Private Members' Bill on Thursday will not proceed as the Bill selected for debate has been withdrawn.

The proposed arrangements for the week's business are as follows, and I refer Members to the report of the business committee of 13 October 2016. In relation to today's business, there are two proposals. It is proposed that the Dáil shall sit later than 10 p.m. and shall adjourn at 12 midnight or on the adjournment of No. 16, financial motions by the Minister for Finance [2016] resumed, whichever is the earlier; and that No. 9, motion re parliamentary question rota change, and No. 10, motion re Ireland’s participation in two European Defence Agency projects, shall be taken without debate. For all of this week, the proceedings on the resumed debate on No. 16, financial motions by the Minister for Finance [2016], shall adjourn when there is no further Member offering to contribute.

There are three proposals relating to tomorrow's business. It is proposed that the Dáil shall sit later than 10 p.m., business shall be interrupted at 10 p.m. to take No. 16, financial motions by the Minister for Finance [2016], resumed, and the Dáil shall adjourn at 12 midnight or on the adjournment of the financial motions, whichever is the earlier; No. 17, pre-European Council statements will commence immediately after Taoiseach's Questions, and shall be followed by questions to the Minister for Public Expenditure and Reform and shall be brought to a conclusion after 85 minutes if not previously concluded. The speech of a Minister or Minister or State and the main spokespersons for the parties or groups, or a member nominated in their stead, shall be ten minutes each and there will be a five-minute response from a Minister or Minister of State and all Members may share time, and; the suspension of the sitting will take place after questions to the Minister for Public Expenditure and Reform; Topical Issues shall take place on the conclusion of the sos and Private Members’ Business shall take place on the conclusion of Topical Issues for two hours.

There are two proposals relating to Thursday’s business. It is proposed that No. 16, financial motions by the Minister for Finance [2016] resumed shall be taken on the conclusion of the weekly divisions and shall adjourn no later than 3.30 p.m. to be followed immediately by Question Time; and the Dáil shall adjourn on the conclusion of Topical Issues.

I thank Deputy Ó Snodaigh. There are three questions to be put to the House today. Is the proposal for dealing with No. 1, today's business, agreed to?

It is not agreed.

It is not agreed. I call Deputy Bríd Smith.

I have my hand up quite high.

I ask people to reconsider what was said at the Business Committee because on the motions for rota change and Ireland's participation in the European defence projects, it is my clear memory that it was not agreed to take them without debate. Deputy Pringle and I both asked if the defence motion was to be taken with or without debate and the Chief Whip said we would have debate on it. I would argue that there should be debate on the motion. In view of the fact that Fianna Fáil's Central Bank and Financial Services Authority of Ireland (Amendment) (No. 2) Bill 2013, sponsored by Deputy Michael McGrath, has been withdrawn, I would also argue that we should pursue to the promise made by the Taoiseach in previous debates to discuss the question of Syria. In light of the seriousness of what is happening in Aleppo and beyond, we must schedule a debate on Syria as soon as possible. There is a window of opportunity and I advocate that we do it on Thursday.

I oppose the late sitting from 10 p.m. to midnight for the budget debate. We have argued this at the Business Committee. It seems ridiculous that the Dáil is starting at 2 p.m. today, 12 noon tomorrow and 12 noon on Thursday.

There are no Friday sittings.

What is wrong with the mornings?

The budget is a central piece of business for the year. That is how it is presented. Historically, Deputies got an opportunity to have their say in a budget debate during the general discussion on the financial resolutions. Our view is that it is not tenable to proceed on the basis that the Dáil can only have plenary sessions at 2 p.m. on Tuesdays and at 12 noon on Wednesdays and Thursdays and that if we are to having anything, we must forgo Private Members' business. That is not sustainable at all.

It demeans the budget and the House to state that the budget can be discussed only in the graveyard slot between 10 p.m. and midnight. The last Dáil, for example, was able to convene at 9.30 a.m. to take Question Time or various other items-----

What is wrong with 8 o'clock?

-----that did not involve divisions.

This is the first time it has been raised. The Deputy should raise it with the Business Committee.

There is nothing wrong with starting at 8 o'clock.

It was raised consistently. Many Members have been raising this consistently and I have been saying it for a long time. It is just not sustainable. I agree with the suggestion that the attack on Aleppo be debated on Thursday afternoon.

Let us be very clear before we get involved in a protracted debate on this. Deputy Martin has made his view on the sittings patently clear. However, the proposal for the current arrangements for sittings, which was adopted by the House, came from the all-party Sub-Committee on Dáil Reform, which was equally emphatic about the principle of dividing the week's work between plenary sessions and committee sessions. That was a principled decision taken by the reform committee, of which the Deputy's party was a part. For that to change, and it can change-----

It can, because nothing is written in stone, but it would be necessary for the Dáil reform committee to revisit the matter. That has been considered and a date will be fixed for that type of review to take place.

On a point of order, that Dáil reform committee is not formed under the d'Hondt system and its representation does not reflect the various strengths in the House. We have a situation-----

We are not getting into that.

You opened this matter, a Cheann Comhairle.

Resume your seat.

Large parties in the House-----

-----do not get fairness in the allocation of speaking time. We will have a pre-Council debate tomorrow and a party with five Members will have the same amount of speaking time as a party with 44.

Deputy Martin, please resume your seat.

The Deputy is right about that.

I am resuming my seat. You raised the issue and I am responding to it with a point of order.

I did raise the issue of Dáil reform.

What is happening at present is not satisfactory. I do not know how many times we have to communicate that.

I do not wish to have an argument with you but the Dáil reform committee was established on the basis of an agreed motion in the House.

Yes, before everything else was agreed.

I call Deputy Howlin.

I happen to be a member of the Sub-Committee on Dáil Reform. It might not be a d'Hondt system, although Fianna Fáil has three members on it, but I cannot recall any issue being decided by a majority vote. It always worked on the basis of consensus. There are issues in this Dáil with providing a proper time basis for the Opposition to have formal debates in the House, for the Government to have adequate time for formal debates and for the committees, which are very busy. There is another proposition before the reform committee tomorrow to increase the committee time allocation, because the 18 working committees of the House do not have sufficient time to do their work either. I believe there will be a good deal of tweaking.

However, to return to the Business Committee report before the House, if there is a vacant time slot I strongly support the proposal to have a debate on Syria. It is a moral imperative for the House to debate that issue and if Thursday presents such an opportunity, I strongly support the principle of doing that. As a matter of commentary, it is neither a useful allocation of resources nor is it respectful to Members to expect people to make their contribution on the budget at midnight tonight. It is not a sensible proposal to allow the issues that they raise to be heard or for the budget to be given adequate focus.

I wish to respond to two issues that were mentioned. In response to Deputy Smith, I never said at the committee last week that there would be a debate in the House. I said that it would be referred to the committee for debate, which is exactly what the proposal is today. In response to Deputy Martin, his party's member of the committee did not raise the subject Deputy Martin has just raised.

He is adamant that he did.

Fianna Fáil did ask for extra time and we agreed on the extra time. The Deputy did not have to forego Private Members' time, and the committee did not make any decision to forego any party's Private Members' time, which is why we are discussing having the debate between 10 p.m. and midnight.

We were told-----

It would be nice if the Deputy would let me speak. I agree with the Deputy that the allocation of speaking time in the House is not reflective of the proportionate nature of Members' mandates.

It is not democratic that political parties with two, five or seven members get exactly the same amount of time to speak as political parties with 23, 44, 50 or 57 members. Time must be allocated proportionately. To that end, the Deputy's party and I have a motion down for the Sub-Committee on Dáil Reform tomorrow to establish the new practice that time is allocated proportionately.

I also agree that it is not productive to have people sitting in the Dáil until midnight. I appeal to the business committee to consider the option of an extra sitting on Fridays in order to allow people to come in if they need an extension of time. I also support the calls for a debate on Syria or, if necessary, CETA, which will be signed next week. They are two very important issues that should be debated in this Dáil.

The Business Committee is a new method of trying to get agreement on the business of the week. I am one of those who proposed that we sit until midnight in preference to sitting on Fridays. This is the express wish of most backbench Deputies of all parties. Based on the time that has been allocated to plenary and committee sessions, they would prefer to sit later rather than come in on Fridays. I do not have a problem. I have argued - we can argue again at the Sub-Committee on Dáil Reform - that we need to make different arrangements. Within the time allocated, however, the best solution was for us to sit late - whatever about where each debate took place. That was the argument in which we were engaging.

In respect of the second proposal to have the motions relating to the European Defence Agency taken without debate, as on other occasions when motions relating to that agency have come before the House, I have asked that - given the continuous move towards the militarisation of Europe - we have a debate in the Chamber in the first instance rather than referring the motion to the relevant committee and then having it returned to us. Although, these motions seem to be laudable on their own merits, if one looks at them, one can see that they are contributing to the ongoing moves that have been made to ensure that the Irish Defence Forces become more dependent on and more integrated into an EU military structure. This debate needs to be held here, as was promised in the past when there was a debate on Irish neutrality, which was that a debate should be held here based on the triple lock. That does not seem to be happening.

Can Members accept that the proposal to refer to committee is a staging post and that we can refer to committee and agree that today? This would mean that after it has been considered by the committee and if Members feel that the latter has given it inadequate consideration, the Business Committee can agree to have a further debate in the House after the committee discussions. Can we let it be referred to committee today? Are Members in agreement with that?

My preference is that it would not be referred because-----

Deputy Ó Snodaigh just said he was totally happy-----

We can all hear him.

I present the report from the committee. That does not necessarily mean I agree with it. I was asked to be a rapporteur.

(Interruptions).

Deputy Ó Snodaigh makes a proposal and argues against it.

If we raise questions at the committee, try to get consensus and there is no consensus, it is my prerogative or that of any other Deputy in this House to raise questions, which is what I did. I was facilitating the Dáil, not myself, by reading out the report of the Business Committee.

The Deputy has made his point.

The Deputy has made his point. Time is elapsing.

-----Opposition Deputies will not take up the role of rapporteur and read out the report if they are not allowed to raise issues relating to it.

I would defend to the last the Deputy's right to raise issues. He has been raising the issue but we do, at some stage, have to move the process on. I am simply saying to him at this juncture that we can allow the referral if Members wish and they do not have to allow it if they do not wish to. It can go to committee to be considered by it and we can have the debate here afterwards if that is required.

It is not agreed.

Okay, it is not agreed.

On a point of order-----

No, we are going to vote now.

Question, "That the proposal for dealing with today's business be agreed to", put and declared carried.

Can the Government facilitate two hours on Thursday to be given for a debate on Aleppo?

Yes. Although I have to attend a European Council meeting, the Chief Whip will consent to it, if necessary.

We have a motion to put down.

So Members can be facilitated with a debate on Aleppo.

On an all-party motion.

We can have an all-party motion.

Could it coincide with our demonstration?

The two-hour slot that was otherwise going to be the Fianna Fáil-----

The Deputy could take some time off demonstrating.

Is that agreed? Agreed. Is the proposal for dealing with Wednesday's business agreed to?

On a point of order, do Standing Orders exclude the possibility of an early sitting of the House on Tuesdays, Wednesdays and Thursdays?

Surely, a motion could be put to the House notwithstanding anything in Standing Orders.

Tomorrow, we will have a Dáil reform committee meeting. If the Dáil reform committee does a complete about-face and decides the principle of dividing plenary from committee sitting should be abandoned, it is the committee's prerogative, and it can happen tomorrow.

So it is only a principle that has come from the Dáil reform committee and Standing Orders do not preclude it.

It is written into Standing Orders.

It is written into Standing Orders. Standing Orders give effect to the principle.

We have many motions before us every week that say "notwithstanding anything in Standing Orders". Nobody can comprehend staying from 10 p.m. until midnight to discuss something instead of doing so from 10 a.m. until noon.

There is a difference between what the Deputy is saying here and what his representatives might say at the Dáil reform committee.

It is not true. Deputy John Lahart spoke to people about it.

Deputy Lahart is not a member of the Dáil reform committee.

I did not say he was. He is on the Business Committee.

There is more dissent among Fianna Fáil members than there is between Fianna Fáil and the Government.

At least we have enough Members to have an Opposition.

We argued for an early sitting this week.

Can we please proceed? Is the proposal for dealing with Wednesday's business agreed to? Agreed. Is the proposal for dealing with Thursday's business, as amended for the debate on Aleppo, agreed to? Agreed.

It is a debate on Syria.

Yes, it is on Syria.

You do not want to condemn Russia in Aleppo. That is your problem.

On promised legislation, Deputy Micheál Martin.

We pushed for the debate as well.

You would never condemn Russia.

I presume the Deputy will be out at our protest tomorrow.

You guys are incapable of condemning Russia.

The French are also bombing Syria.

Absolutely. Always dilute the Russian contribution to the slaughter and genocide in Aleppo.

Can we focus on promised legislation?

I am glad I have excited some bloody activity on it at some stage.

The Deputy is quite excited himself.

It is one-sided humanitarianism.

There you go again.

Do not be provoked.

I am doing my best not to be provoked by the pro-Russia alliance on my right, extending right across to Sinn Féin, which has been a consistent theme of this Dáil.

The Deputy should withdraw that remark.

I will not withdraw it. There is a commitment in the programme for Government on mental health and on the confidence and supply agreement. Many people in the mental health community want the Government to be very clear on the investment of €35 million annually in terms of the implementation of the recommendations of A Vision for Change. In recent times, the €35 million has been announced annually but never fully spent. Only €15 million will have been spent in 2016. Up to €12 million was withheld. Back then, there was a big furore and outcry about it and the money was reinstated. People want to ensure the full implementation of the commitment to the programme for Government and in the budget that there will be proper subheads and budgeting of the extra €35 million, that it will be allocated to objectives and specific expenditure items that will be realised over the next 12 months and that it is not the case of €35 million being allocated, not being spent and being withdrawn at the end of next year.

People are looking for precision and a clear enunciation of the allocation of €35 million in the HSE service plan when it is produced later in the year.

I will certainly take that up with the Minister for Health directly. The intention was always to have €35 million ring-fenced. I think that the previous Government was the first after many years of talking about it to attempt to ring-fence money for mental health. As the Deputy is only too well aware, over the years the entire mental health area was always the Cinderella of any health budget and only tokenism was afforded it. It is a much more serious issue now. I will discuss it with the Minister for Health and the Minister of State dealing with this matter, Deputy McEntee. It is only right and proper that, if there is a commitment for €35 million, the expenditure strategy should be outlined in order that people will know what it is committed to and how it is being spent.

A former Minister of State, Senator Ó Ríordáin, told the Traveller community 20 months ago that Traveller ethnicity would be recognised within six months. One and a half years later, I wish to ask the Taoiseach about when the Government will honour that commitment. Mr. John Connors's excellent RTE documentary on Travellers underlined the unique ethnicity of that very valued part of our nation and the failure of successive Governments to recognise it formally.

Last week, the European Commission stated that it might initiate proceedings against the State for discriminating against Travellers. Specifically, it referenced the ten deaths in the horrific fire at Carrickmines this time last year and the appalling decision to evict 23 families from the Woodland Park halting site in Dundalk in January. Will the State co-operate fully with the Commission? Will the Taoiseach ensure any response by the Government to the Commission is published? Will the Government stop prevaricating on this issue and formally recognise the ethnicity of the Traveller community?

It is not that simple. The Minister of State, Deputy Stanton, is working on this and the Deputy can have a conversation with him at any time about the work that he is doing following on from the work that was begun by Senator Ó Ríordáin. The Minister, Deputy Coveney, has increased the Traveller housing allocation by 64%. There has been a full review of all of the accommodation of Travellers following the Carrickmines tragedy and social housing will now become the norm as well for Travellers. There has been an improvement arising out of those situations. I will have the Minister of State, Deputy Stanton, contact Deputy Adams. I cannot see it being dealt with inside six months, but the Minister of State is working on it.

I could not hear an answer.

I said that I could not see ethnicity being approved inside six months.

The Minister of State is working on it and I will advise him to speak to the Deputy and outline-----

The Taoiseach will have to revert to the House and make a statement.

No, the Deputy has got to the point now of wanting everything done yesterday.

No. Proper communication for a long time-----

These are not issues that can be dealt with overnight, as Deputy Adams is well aware.

We cannot have a debate on this.

The Minister of State, Deputy Stanton, is dealing with this and he will advise Deputy Adams of the stage in the process that he is at currently.

In the published legislative programme, the Government indicates that it will introduce a cybercrime Bill, but that is very much long fingered. According to the legislative programme, it is at the early stages of drafting. Will the Taoiseach give additional priority to this legislation that would not only transpose the EU directive but also expand it to deal with the issue of cyberbullying, which is increasingly a major issue, in particular among young people, and one that the House should recognise?

This is a modern, phenomenal challenge and I often wonder just how secure any material is, be it the State's or not, when one sees what is happening around the world. All that I can say to Deputy Howlin is that preparatory work has begun on the cybercrime Bill. This was an issue that was raised back when the former Minister, Mr. Pat Rabbitte, was dealing with communications, as Deputy Howlin will recall, and he pointed out that the shortage in skills needed to be able to develop a concept to deal with this was very much in evidence at that time. I am sorry, but I will have to advise Deputy Howlin as to what work, if any, has been done on this. The point that Deputy Howlin raises is absolutely valid.

I wish to ask the Minister for Health why the HSE is advising elderly people to access the fair deal scheme and enter nursing homes instead of giving them funding for a few more hours of home help.

It appears there is no funding for home-help services and the advice being given is that people should access nursing homes. I am asking the Minister and the Taoiseach to allow the HSE discretion in dealing with elderly people, the fair deal scheme and home-help services. There should be discretion in having the funding for the fair deal scheme used for extra home-help hours rather than insisting that elderly people go into nursing homes. Flexibility should be given to the HSE to use the money as it sees fit for home help as well as the fair deal scheme.

It is a valid point that is raised by Deputy Healy-Rae and the Minister is well aware of it. There was €40 million in extra funding for a winter initiative, including €10 million for home-help hours and home-care packages. Deputy Healy-Rae is quite correct as often the last person to be asked where he or she would like to be is the senior citizen or elderly person in question. Of course, these people have every right to be in their own homes, beds and corners of their own rooms if that is at all possible. That flexibility is there. The decision is whether a home care package will provide the comfort and assistance that the person needs in his or her own home until that might not be possible and he or she has to go to an institution. The flexibility is there but I will remind the Minister of the Deputy's comment.

The Minister for Agriculture, Food and the Marine has committed to reviewing the position with regard to the nitrates regulations being weather dependent in light of last weekend's deadline. I know it is a matter of direct responsibility for the Minister, Deputy Coveney, who is seated beside the Taoiseach. As a result of the unusual weather conditions this year, many farmers have still not been able to spread slurry and there is much confusion as to whether flexibility will be provided so they can do it. Flexibility has been given by the Minister's counterpart in Northern Ireland where farmers can demonstrate that they have not been able to have the work carried out. I ask the Taoiseach for an update and whether similar flexibility will be shown here.

We have had this on a number of occasions in the past. I advise farmers to make direct contact with the Department of Agriculture, Food and the Marine. They will be treated on a case-by-case basis, as has always been the way. The Deputy knows the weather could be worse in Donegal than in other locations or vice versa.

Yet another budget has passed, although it is not needed as the mechanism to address my issue. People with disabilities and real difficulties are still asking where is the replacement for the mobility allowance and the motorised transport grant. There is nothing there and it is one of the critical areas this budget has failed to address. What can the Taoiseach tell the Dáil in respect of this matter?

I know I have answered this question before for the Deputy and, in fairness, he has raised it on many occasions. To be honest, I am not sure as to what is the particular problem. I am informed that the heads will be presented this session, in the next couple of weeks. Perhaps I should take a more personal interest in this in order to discover whether we can we identify what the problem has been.

On behalf of all of those affected, I urge the Taoiseach to do so.

The issue has been there for a number of years. Let me take an interest in it and see if I can genuinely move it forward. I will advise the Deputy.

I apologise to the other Deputies who are offering but time is up.

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