Dáil Éireann díospóireacht -
Thursday, 3 Nov 2016

Vol. 927 No. 2

Leaders' Questions

Deputy Jim O'Callaghan

We are now less than 19 hours away from a Garda strike. This country and its people are entering uncharted territory. A police strike is unprecedented in this country and highly unusual internationally. It should be avoided if at all possible. The people of this country should not be put in a position where they might find themselves without the protection of An Garda Síochána tomorrow.

There are two parties to this dispute. Everyone has asked the first party to the dispute - the Garda Representative Association and the Association of Garda Sergeants and Inspectors - to postpone Friday's strike. Everyone in this House knows that members of the force do not want to go on strike. We all know they take their oath very seriously. We all know they have served this country with distinction through many difficult times.

To date, the second party to this dispute - the Government - has managed the dispute incompetently. It has allowed a Mexican stand-off to develop between it and the Garda associations. The effect of its actions and inactions has been to harden positions rather than to address the legitimate grievances of An Garda Síochána. The Government has allowed the gulf between it and the Garda to get deeper and deeper. It has provided an example of how not to deal with or mediate in an industrial relations dispute. It has allowed an industrial dispute to become a national crisis.

The Government has fallen down in three areas. First, we have all known for months that an industrial crisis has been brewing within An Garda Síochána. It was for that reason that we included in the confidence and supply agreement a requirement for a public service pay commission to be established. Even though that was agreed in May, we had to wait until two weeks ago for details of the commission to be announced. Second, gardaí have a legitimate grievance about being locked out of the industrial relations mechanisms of the State. A huge part of this dispute centres on the fact that gardaí think no one in the Government is listening to them and they do not have any mechanism whereby the Government can listen to them. The Taoiseach announced yesterday that the law in this regard is to be changed. Can we let the Garda associations know in what way the law is going to be changed? Does the Government intend to amend the Industrial Relations Acts or the Garda Síochána Acts? The associations need to be given information about this significant achievement for them.

Third, rather than keeping the public, which is the most important party in this dispute, informed about what will happen tomorrow, the Government has been silent in this regard. The Tánaiste is politically responsible for the gardaí who protect us. The Garda Commissioner sent out letters the other day requiring members of the force to attend for duty tomorrow. Has the Garda Commissioner apprised the Tánaiste of how many members of the Garda will turn up for work tomorrow? Will Garda stations be open? Will 999 calls be answered? What will the Tánaiste and the Government do to ensure the people of this country are safe tomorrow?

The Tánaiste

Deputies are aware that Garda Representative Association officials have been working with the Labour Court and that the Labour Court has said that it will give a decision tomorrow. While we are speaking about the dispute, the Labour Court is meeting the Association of Garda Sergeants and Inspectors to consider its submissions and the official submissions.

I still continue to appeal to both organisations to pull back from the brink. I call on them to stand back and suspend tomorrow's action to allow the time and space for the Labour Court to continue its work. It is the highest arbitration we have in the land. All the various mechanisms of industrial relations have been made available to An Garda Síochána, including the Workplace Relations Commission and the Labour Court. The GRA has also agreed that a ballot will take place. I maintain we should give time for that ballot and ensure we have the space and time for people to consider what will be on the table after the Labour Court makes its recommendation. I appeal to both organisations to withdraw.

Deputy O'Callaghan made some point about the legislation. We have said that will be urgently considered. The Taoiseach made that very clear yesterday. I have been making it clear for a considerable period that the Government accepts gardaí should have access to the Workplace Relations Commission, to all associated mechanisms and to the Labour Court. We have acted and they have it in shadow form at present.

Deputy O'Callaghan made a point about recent events. Only some weeks ago AGSI members accepted the negotiations being done by the Government in a secret ballot of their members by 70% to 30%. Clearly, the negotiations had made progress at that point. Let us further consider the timeline around what has happened. The members of the GRA were in negotiations over a long period of several months. Then, on a Friday evening, they said they had accepted the offer that was on the table and they would go to their executive. That is the history. Then, I urgently invited the associations back in to have discussions. That process eventually led to the Workplace Relations Commission and the Labour Court. As I have said, we are awaiting the outcome.

Deputy O'Callaghan made a point about contingency planning. Let us be clear: the Commissioner has of course at all times been considering this. She has sent out the letter to ascertain what numbers will be available. GRA representatives have said that in the event of their strike going ahead they will co-operate with the Commissioner to ensure a basic policing service will be in place so that emergencies can be responded to.

An Leas-Cheann Comhairle

Go raibh maith agat.

The Tánaiste

Let us be clear: if 12,800 gardaí go on strike, there is no contingency plan that can replace that number. We are talking about essential services, keeping our airports and ports open, commerce continuing and responses being made to serious and urgent 999 calls and emergency situations.

An Leas-Cheann Comhairle

I have to control the time. You will have another opportunity.

Deputy Jim O'Callaghan

Everyone is making an appeal to the parties to pull back from the brink. However, the Tánaiste must recognise that there are two parties on the brink. This involves not only the Garda associations but the Government as well. It is simply not satisfactory to say that this matter is being dealt with by the Labour Court. The Government is not directly involved in that process.

I am asking the Tánaiste a question in respect of the contingency plans. Can the people be safe in the knowledge that tomorrow they will be protected? The Tánaiste has told the House that she cannot say there will be sufficient contingency plans in place, but she has a responsibility to ensure that people are safe tomorrow. It is regrettable that there may be criminal gangs planning serious operations for tomorrow. Responsibility for that rests with the Garda associations; it also rests with the Government.

We heard this morning of reports suggesting that Labour Court officials may not have enough time after they met the AGSI in order for them to make recommendations. Is there any truth to these reports? Is the Tánaiste confident that the Labour Court recommendations will be out later today? Does the Tánaiste expect a ballot to take place on this issue? Have plans been put in place to meet the GRA and the AGSI to discuss either the Labour Court recommendations or contingency plans later today?

The Tánaiste

The Labour Court is independent and has made it clear that it cannot make a decision on the claim today and that it needs more time. That is the very reason the associations should not go ahead with their planned action tomorrow.

Contingency planning is a matter for the Garda Commissioner in the first instance. The Government and I have been involved in discussions with the Garda Commissioner and have been kept informed by her as to the nature of the contingency plan being developed. For the reasons the Deputy has outlined, the details of that cannot be made public. The Commissioner and her management team will explain that contingency plan in detail for the public later if it is decided that the strike is to proceed. The GRA is in discussions with the Commissioner about the kind of support it can offer in the event of the withdrawal of its members tomorrow. Of course, people will be concerned and it is a different situation if we do not have the full complement of gardaí out there. Every effort will continue to be made to ensure the public is safe, that there is a response to 999 calls, that commerce continues, that airports and ports remain open, that business goes on and in so far as is possible and that there will be maximum safety for Irish citizens even with the limited resources that will be available.

Deputy Mary Lou McDonald

Last evening, the Department of Housing, Community and Local Government published the monthly figures outlining the number of citizens homeless across the State. The manner in which the figures were released is deeply disappointing and, in fact, shocking. The Minister delayed their publication and then quietly posted them on the Department’s website late in the evening, with no press release and when media were focused on the all-Ireland dialogue on Brexit, in an effort to try to brush the bad news under the carpet perhaps.

The figures are bad news. We might have been forgiven for thinking that things could not get worse but there has been yet another increase in the number of individuals, families and children without homes. In that context, 4,283 adults, 1,173 families, and 2,426 children were sleeping in emergency accommodation in the month of September. These figures do not include the hidden homeless, those that sofa surf or those that are refused access to emergency accommodation. Every day, more people are presenting as homeless. Home repossessions, landlords selling houses in which tenants are living, spiralling rents and family breakdown are the key reasons. The majority of people coming to my constituency office are seeking help because of increases in rents and an inability to afford the massive hikes that landlords are demanding. All the while, more and more people are becoming homeless. There are tens of thousands of citizens and families who live in absolute fear, in terror of a hike in their rent that might push them into homelessness. It is a crisis beyond comprehension and yet the Government and Fianna Fáil have consistently refused to tackle and stop outrageous rent increases. The Government has voted against Sinn Féin’s rent certainty proposals twice, namely, here in the Dáil in June and in the Seanad last month. The Government’s record on providing homes is abysmal. In the Tánaiste's constituency, just two social houses have been brought into the system since 2011. Despite all the talk of understanding the situation and all the high profile launches, the Minister for Housing, Planning, Community and Local Government, Deputy Coveney, like the former Minister, Deputy Alan Kelly, is failing to take the urgent action needed to keep people in their homes and out of emergency accommodation.

We need solutions and we need them now. We cannot wait. Not one more family and not one more child should be made homeless. Will the Tánaiste commit to the single biggest step that could stop people falling into homelessness, that is, rent control linked to the consumer price index? The Government could do this today if it wanted, there is nothing stopping it. Will the Tánaiste do it?

The Tánaiste

It is not tolerable that in Ireland today families and children are living in emergency accommodation. That is why dealing with the housing supply issue and the homelessness facing families is a priority for this Government. That is why we are doubling the resources allocated to deal with this issue next year. These statistics refer to a period just two months before the action plan published by the Minister, Deputy Coveney. As the Minister stated this morning, it will take time to deliver all the actions in the homelessness and housing strategy. I take the Deputy's point that, in the meantime, families are facing daily and weekly challenges in terms of their housing needs, but the action plan does provide for solutions. Already, local authorities are buying premises. The Deputy has heard the numbers. It is a huge increase on what was done last year. The number of vacant properties being brought back into use has increased across the entire local authority sector to ensure that more housing is available. There is a plan, as the Deputy knows, and it is operational now. I am sure she heard the Minister refer this morning to the number of units that will be available. I believe he said that 380 rapid build houses will be under construction by the end of the year. All of that will make a difference to the families about whom Deputy McDonald spoke.

That is the reason the various other actions are being taken also, including the €40 million increase in funding for homeless services from €70 million to €98 million in 2017; the work in examining the rental sector and recommendations that will be made later this year to provide more stability in that sector; the changes in the rent supplement scheme, about which the Deputy knows; and acquiring vacant houses, as I have already mentioned. A series of actions is being taken and it will take time for those actions to deliver new homes, but every effort is being made by the Minister, his Department and local authorities. A new planning process will come on-stream to ensure more rapid build of estates also. Every action is being taken to deal with what the Deputy rightly describes as a most serious situation, which is recognised by Government. The actions we have taken illustrate how very seriously we take this situation.

Deputy Mary Lou McDonald

The Tánaiste said that dealing with this crisis will take time. She has had six years, yet the crisis deepens. The Tánaiste claims that every effort is being made to resolve the crisis. That is just not true: it is incorrect. In fact, she has refused to deliver rent certainty by linking that to the consumer price index. That is what needs to happen. Everybody sitting here knows that. She could do that in the morning, but she has failed to do it.

There are 189,000 vacant homes across the State, 40,000 of which are in Dublin. Where else in the world would we find that situation on the one hand and thousands of children in emergency accommodation on the other? Every effort has not been made to address that. Despite all the crocodile tears, priority has not been given to resolving the housing crisis. The Tánaiste grandly announced the doubling of resources as though that was the answer. She knows well that in doubling the resources she is simply undoing the damage done when she took office in 2011, bringing it back to that level. My question is specifically about rent certainty. The Tánaiste has had time. She said she wants to make every effort. When will she introduce rent certainty linked to the consumer price index? I want a direct answer to that question.

The Tánaiste

I remind the House that there has been a public consultation phase regarding the rental sector. That began on 24 October.

It focuses on four key areas: bringing greater tenure in rent certainty to landlords and tenants, maintaining existing levels of rental stock and encouraging investment in additional supply, improving the quality and management of rental accommodation and broadening and strengthening the role of the PRTB to provide its services more effectively and empower tenants and landlords. Those are the various actions that the Minister will be undertaking.

Let me make a point to Deputy McDonald in relation to sustainable exits from homelessness. There have been already this year 1,350 families who have benefitted who have moved out of homelessness into sustainable accommodation in the first six months of 2016. Progress is being made. There is huge demand out there. Clearly, if this Government had not taken the actions that it has taken to improve the economy then there would not be the funding to take the actions which it is taking which will make a difference but which will take time in relation to the housing market and the supply.

An Leas-Cheann Comhairle

We will move on to the question from Independents 4 Change. I call Deputy Pringle who has three minutes. I am watching the clock, even though it is not operating here.

Deputy Thomas Pringle

This week saw the publication of the report, Review of Certain Matters Relating to a Disability Service in the South East, also referred to as the Grace case. The Government and the HSE's response to the terrible abuse carried out in a foster home reminds me of the tendency of Governments to think and give the impression that these are isolated instances confined only to one particular part of the country. Allegations of corruption in the Garda investigated as part of the Morris tribunal were seen as a Donegal problem, not a State-wide issue, and we have seen how that has left us. Hence, the Grace case should not be seen as purely a south-east problem. Geography also played a role in previous Government responses to controversies surrounding Áras Attracta, the Catholic Church and mother and baby homes, while in reality similar abuses were being carried out across the country. In light of the Grace case, how can we say that these are isolated instances with any degree of certainty?

We have to act beyond the drip-feed response. We must look beyond geography and investigate the institutional response to allegations of abuse and ensure that best practice is carried out across the board. So far, we have been made aware that institutional responses have been, to say the least, inadequate and, to say the worst, abusive in nature. Some in authority have responded to allegations by denying them outright. Others shoot the messenger or even collude against the whistleblower. There have been institutional cover-ups and made-up counter allegations. Everything in their power is done to make the allegations go away.

These responses have been far removed from best practice, which dictates the need for clearly defined procedures which are understood by all staff and which prioritise the safety of children and vulnerable adults. The only way to prevent abuse is to have those responsible acknowledge the wrongdoing in order to facilitate an appropriate and uniform response to allegations, regardless of in which part of the country the abuse occurred. All responses should be identical. Will the Tánaiste ensure that an audit is carried out in all HSE-run facilities to examine whether sufficient safeguarding practices are in place to protect children and vulnerable adults from abuse and to examine how the HSE has responded to current and historical allegations of abuse?

The Tánaiste

The whole question of the standards of care in institutional settings in Ireland historically has been an absolute disgrace and a lot of action has been taken to change that situation in terms of being more child focused, in terms of our new protection standards, in terms of the role of HIQA, the Children First guidelines and establishing an agency with particular responsibility for children who are in the care of the State.

In relation to the recent report, the Government has taken action immediately. There will be a commission of inquiry. The Minister of State, Deputy Finian McGrath, will be bringing the terms of reference to the Cabinet in the next few weeks to ensure that the commission is set up in the very near future. In the meantime, the Minister has taken action to ensure there are safeguards in place in relation to the issues which have emerged.

From my experience of foster homes as a former Minister for Children and Youth Affairs, I am aware that the role of HIQA is critical.

HIQA has been going into foster homes in every area of the country and making reports with a whole range of recommendations, which are being acted on by Tusla. We have to hope that what is in this report is historical and that, currently, when the State takes children into care they remain in a place of safety. That has to be our goal and standard. Clearly, investigations are needed into what has happened in the past. That will be done. As I said, other safeguards in regard to adults and children who are in disability services are best guaranteed, as the Deputy rightly said, by outside inspection. That is precisely the role of HIQA, which is now examining every disability service to ensure the standards are clear and that the staff know what those standards are and live up to them.

The price of high quality care is eternal vigilance, of that there is no question. We are determined to ensure that vigilance exists and that the monitoring bodies do their work and when they make recommendations that they are responded to by Tusla, which is now well established, as well as by the disability bodies which are running services.

Deputy Thomas Pringle

The Children First guidelines are still not on a statutory basis in this State many years after their publication. It was reported in the newspapers today that the whistleblower in the Grace case feels that the confidential recipient within the HSE office is not fit for purpose. What are we learning from what is happening? What are we doing to make sure the allegations are dealt with in a proper manner, that whistleblowers are not targeted, that cases will be investigated and lessons learned from them, and that people will be made aware that lessons are being learned, which is vitally important? We need to look at all institutions under our control to make sure the systems are in place and that when people raise concerns they are treated with proper respect.

The Tánaiste

I am assured by the Minister and by the HSE that the HSE has not waited for this report to improve any deficiencies identified in child care and disability services and to act on their recommendations. To repeat the point, HIQA now inspects all residential services for disabilities in line with national standards. A national safeguarding committee has been established, which is independently chaired by Patricia Rickard-Clarke, a former law reform commissioner, to provide strategic direction to the HSE in regard to safeguarding. The new confidential recipient, Leigh Gath, was appointed in 2015 and anyone can make a complaint to her or raise concerns about the care and treatment of any vulnerable person. Those mechanisms are in place.

I would make the point again that it is about ongoing vigilance. It is about making sure that recommendations made by the various bodies, which do the work of overseeing, are implemented. The safeguarding of vulnerable people at risk of abuse policy is in place and additional resources have been made available to ensure it is implemented. Clearly, there are often individual incidents that are completely unacceptable, and all we can do is put in place the mechanisms and services to ensure that, wherever possible, we can prevent such abuses.

An Leas-Cheann Comhairle

I call Deputy Noel Grealish to speak on behalf of the Rural Independent Group.

Deputy Noel Grealish

As I am sure the Tánaiste is aware, morale within An Garda Síochána is at an all-time low. This is due to the fact that in the past ten years gardaí have experienced massive cuts and reductions in numbers. The recruitment ban, which has been in place for more than seven years, resulted in very few new recruits to keep up their numbers. This has led to a level of anger and frustration within the force which we have never seen before. We have gardaí in Dublin living in cramped and unsuitable conditions because they cannot pay for a decent place to stay. Some are even sleeping in their cars because they cannot afford a place to live. The price of accommodation has gone through the roof. I am not blaming the Tánaiste for all of this. This has been building up over the past ten years. The massive reduction in numbers has put more pressure on gardaí, and their workload has further increased with the closure of many stations around the country. Promotions have been delayed leading to a feeling of injustice among members of the force who have put in the long hours and dedicated their lives to serving the public in a professional manner.

There is also the huge issue for many Dublin based gardaí in particular of transfers that are not happening. They are gardaí from around the country who have spent maybe ten years or more in Dublin and there was always the understanding that after five, six or seven years, they would be allowed to move back nearer home. I know of one case of a young garda who has had his wedding planned for ages but cannot go ahead with it because he cannot afford to. He needs to get out of Dublin because he has been there for 15 years. He is entitled to a transfer. The reason why gardaí have not been transferred is that we did not get enough new gardaí coming in. It is very frustrating and heartbreaking for the gardaí who want to move so they can settle down and get on with their lives. Every time the lists come out, they are not on it. I appreciate that not every garda who wants to move can be facilitated straight away but we need to get morale back into An Garda Síochána again and this is one issue that has been brought to my attention several times.

There are other contentious issues such as the fact patrol cars have not been replaced over the years which hampers gardaí in carrying out their duties. New entrants into An Garda Síochána have also had their pay drastically cut. Bail laws have seen criminals with a string of previous convictions released to offend again. It all adds up to the feeling there is within the force today. While I do not agree with them going on strike, I understand the frustration and anger there is at the moment within the ranks. These are the people who protect us. They also protect the Tánaiste and we should be looking after them better so they can continue to do so effectively. I acknowledge the Tánaiste is trying to make improvements in terms of extra manpower and vehicles. I blame successive Governments for the situation which is now coming to a boiling point within An Garda Síochána. Will the Tánaiste assure the House that serious steps will be taken to address the issues I have raised?

Tánaiste (Deputy Frances Fitzgerald)

I thank the Deputy. Gardaí, like so many others in this country, suffered hugely during the period of economic difficulty. There is no question about that. Recruitment and investment were stopped. There was no investment in the resources they needed. There was no investment in IT or Garda vehicles and there was no recruitment. That has had an impact. What this Government, the last Government and I have done since I became Minister for Justice and Equality is focused on ensuring we can invest in An Garda Síochána. We have been able to do that because we have a recovering economy and an unemployment rate down to 7.7%, thanks to the prudent management we have had. That should impact on Garda morale. There are issues on pay which we are trying to resolve. As I have said on many occasions, I want us to be fair to An Garda Síochána but I also want us to be fair to other public sector workers and the taxpayer who funds the kind of services we want to provide in this country and to the community as a whole. We want to support gardaí to do a better job because what they do is critical. They take risks every day when they go out and many have lost their lives. We want to support An Garda Síochána in this country to do their work professionally and effectively. That is what I have been trying to do.

I want to put it on the record of the House that thousands of people still apply to be members of An Garda Síochána. Each recruitment campaign we have had has seen thousands of young people apply to become members of the force. That tells us something. There is now a recruitment process that will ensure we have 15,000 members of An Garda Síochána. That will enable us to do better community policing.

The Deputy raised the issue of transfers. Of course, there cannot be transfers if there is no recruitment but now recruitment has started again. I am very conscious that it impacts on families and individuals if they are not able to get transfers. That is an operational issue for the Garda Commissioner. If we are recruiting, which we are, and new members are coming in, those kinds of issues can be dealt with more effectively within the force.

Deputy Noel Grealish

As I said earlier, I appreciate the Tánaiste is doing her best to improve the situation but the improvements cannot come fast enough. There is a huge number of gardaí out there who are simply not enjoying going to work. We need to pick up morale again within An Garda Síochána and we need to resource and finance it properly. Gardaí need to know they have the support of this Government.

On the bail laws, the Tánaiste is proposing to bring in changes which the Government has undertaken to fast track. I am hoping this will come in before the Christmas recess.

I am aware of a case in my constituency in which the Garda spent weeks surveilling a gang that was carrying out burglaries. The gang was apprehended and brought before the courts, but they were let out again and re-offended. That is bringing down morale in An Garda Síochána. I again urge the Tánaiste to continue the improvements, resource the Garda properly and give gardaí the proper financial support they require. Will the Tánaiste also outline what she proposes to do about the bail laws to stop these people being released to offend again?

The Tánaiste

With regard to repeat offenders, I have already brought forward much stronger legislation to provide that those who are involved in serial and repeat burglaries will serve consecutive sentences. I expect that will be, and is being, implemented by the courts. That legislation was passed quickly by the House and received all-party support. I thank Members for that. The bail Bill which will be published later in this term will provide for the use of electronic tagging and will give the Garda more power to request electronic tagging. It will also provide for more severe penalties for those who break bail conditions. It will be strong legislation to deter repeat offenders and to ensure the community is protected from those who would seek to commit crime.

With regard to the Garda, if the strike goes ahead the various units that will be available have been outlined. They will include the emergency response unit, the regional support units, the protection and national surveillance units, the special detective units, the intelligence sections and the drugs units. The Garda associations are working with the Garda Commissioner to ensure, if the strike goes ahead, that the public gets a basic policing service and that their safety is guaranteed as much as possible in the current situation.