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Dáil Éireann díospóireacht -
Tuesday, 15 Nov 2016

Vol. 929 No. 1

Order of Business

I call on the rapporteur for the Business Committee, Deputy Jim Daly, to announce the Order of Business for the week and to move the proposals regarding arrangements for the taking of that business.

Today’s business shall be No. 10, motion re PQ rota swap, without debate; No. 11, motion re further Revised Estimates, referral to committee, without debate; No. 12, motion re sixth report of the Committee of Selection, without debate; No. 13, motion re change to Standing Order 148, without debate; No. 14, motion re Ireland’s participation in European Defence Agency projects; No. 17, Companies (Accounting) Bill 2016 - Second Stage (resumed); and No. 4 Courts Bill 2016 - Order for Second Stage and Second Stage. Private Members’ Business shall be No. 79, motion re mental health by Fianna Fáil.

Tomorrow’s business shall be No. 17, Companies (Accounting) Bill 2016 - Second Stage (resumed); No. 4, Courts Bill 2016 - Order for Second Stage and Second Stage (resumed); No. 5, Health Insurance (Amendment) Bill 2016 - Order for Second Stage and Second Stage; and No. 6, Education (Admission to Schools) Bill 2016 - Order for Second Stage and Second Stage. Private Members’ Business shall be No. 80, motion re post office network by the Rural Independent Group.

Thursday’s business shall be No. 5, Health Insurance (Amendment) Bill 2016 - Order for Second Stage and Second Stage and No. 6, Education (Admission to Schools) Bill 2016 - Order for Second Stage and Second Stage. Second Stage of No. 24, Health and Social Care Professionals (Amendment) Bill 2016 will be debated in the evening slot, with Deputies Bríd Smith and Michael Moynihan dissenting.

In relation to today’s business there are two proposals. It is proposed that:

(1) the motions re PQ rota swop, further Revised Estimates, sixth report of the Committee of Selection and change to Standing Order 148 shall be taken without debate; and

(2) the motion re Ireland’s participation in European Defence Agency projects shall be brought to a conclusion after 40 minutes if not previously concluded; the speech of a Minister or Minister or State and the main spokespersons for parties and groups, or a member nominated in their stead, shall be five minutes each and all Members may share time.

Is the proposal for dealing with today’s business agreed to? Agreed.

The programme for Government is very clear about the need for the implementation of the national broadband plan. A report published today makes it clear that certain parts of rural Ireland have broadband speeds 36 times lower than those available in the capital. That is a further illustration of the two-tiered nature of economic activity in the country and the degree to which the last Government dropped the ball in respect of rural connectivity. Longford, Mayo, Roscommon and Leitrim are counties that have been forced to accept speeds of 2 Mbps when users in Dublin are accessing broadband at well in excess of 30 or 40 Mbps. The Taoiseach can take it that is having a negative impact on small to medium-sized businesses. There is a long way to go to connect rural communities effectively. I recall talking to officials at the time of the formation of the Government with Independents and all of the public tender issues and so on. The timeline keeps being postponed. Will the Taoiseach confirm that the Government has the capacity and will he indicate to us when he sees the programme for Government’s commitment in place?

I am delighted that Deputy Moran is alongside the Taoiseach. I am not sure whether I missed something or did he get promoted? I know he tossed a coin with the Minister of State at the Department of Public Expenditure and Reform, Deputy Canney, who might be away now.

I will let the Deputy know when it happens. Do not worry. He will be the first to know.

Deputy Canney's presence at the Cabinet table could be affected in this regard.

This is not relevant to promised legislation.

Boxer, the right-hand man.

Steady on, Boxer. You might need votes.

Order, please. The Taoiseach on the relevant issue.

We do not have legislation on it but the fact of the matter is that there is an extraordinary amount of work going on in the area. Everybody appreciates the potential value of broadband. There are many areas in the country in which it is grossly inadequate. Over €2 billion has been invested by the industry in upgrading telecommunications, networks and services over the past four years. About 1.3 million homes and businesses can access high-speed broadband of at least 30 Mbps. This is not confined to urban areas and towns. Many areas throughout the country have that consistency of speed. However, it is clearly inadequate. As Deputy Martin is aware, the Government changed the legislation that allowed for a service provider to work with another entity. In this case, Vodafone and ESB amalgamated to form SIRO. It is now in the business of providing 56,000 homes with high-speed broadband. Eir itself has invested heavily over the last period. The Government has done a very extensive amount of work in preparation for a most complex tender to allow for a roll-out of a competition to supply all of those other areas that are beyond the commercial capacity of the industry providers. That is going to involve very extensive trenching to bring fibre directly to the home, consisting of fibre to the cabinet, which is a distance from every home. It will be next year before it is completed and before the tender can be issued. Whoever wins that will commence a roll-out. It is not legislation. The Minister, Deputy Naughten, has been quite detailed on this. He can send the Deputy the up-to-date provisions if the Deputy wishes.

I have 19 Members offering so we need to be brief if we are going to get through every one.

Ba mhaith liom ceist a chur faoin mBille um fhoréigean baile, the consolidated domestic violence Bill. I commend Safe Ireland on organising a summit on domestic violence. The issue of domestic violence is one which has not received the priority it requires from this or previous Governments. Research published by Safe Ireland shows that one in three women experience severe psychological violence while one in four experience sexual or physical violence at the hands of their partners. The absence of any firm commitment by the Government to increase funding for domestic violence refuges, step-down accommodation and other support services is also causing great concern and putting real pressure on the victims. A consolidated domestic violence Bill is an essential part of ratifying the Istanbul convention. When will it be published and when will the Criminal Justice (Victims of Crime) Bill, which is linked to this issue, be published?

The domestic violence Bill and the victims of crime Bill will both be published this session.

I raise the scandalous legal memorandum that was sent by the bosses of the HSE to staff on how to deal with patients in our hospitals in which they were advised to use the minimum force on trespassing patients. It was a scandalous remark with which to describe patients who are sick in our hospitals. Is the Taoiseach aware that severe pressure has been put on staff to get patients out of our general hospitals especially-----

Is this a question on legislation?

It is. It is from the programme for Government, based on health reform and the improvement of services. What is happening here is that staff in general hospitals have been advised to get patients out of the beds to make room for other patients who are on trolleys. That is not the way to do it. What they are doing is insisting that families sign up to the fair deal scheme before they allow them to stay in the general hospitals or before they are transferred to the step-down district and community hospitals. What are the Minister for Health and the Taoiseach going to do about this? Are they in charge of health or not?

Thank you, Deputy.

To describe patients and sick people as trespassers in our hospitals is absolutely scandalous.

The Taoiseach will have to tackle what is happening on the ground because it is an absolute disgrace.

The comment is not about legislation. The comment to which Deputy Danny Healy-Rae referred should not have been made. It was grossly inappropriate. It was withdrawn and an apology was issued. No patient should be discharged from hospital unless he or she is medically fit to be discharged and where there is an appropriate place for him or her to go.

I understand that concessions have been won by the Garda, which will lead to amendments to the Garda Síochána Act and-or the industrial relations legislation to specifically permit the Garda to access the industrial relations fora of the State, and to affiliate to the Irish Congress of Trade Unions. My question is whether similar amendments can be introduced into the Defence Forces legislation in light of the case that is being taken to the European Committee of Social Rights by the armed forces' organisations, namely, PDFORRA and RACO. I had occasion last week to raise the matter with the Minister of State at the Department of Defence, and on foot of doing so my office received a flood of responses from soldiers as well as Naval Service and Air Corps personnel who told me in confidence of the wretched and illegal working conditions they are forced into. They feel an unjustifiable advantage is being taken of armed forces personnel by the Government. Does the Government intend to introduce a similar amendment to grant the same rights to soldiers?

Access to the industrial relations machinery of the State, namely, the Workplace Relations Commission, WRC, and the Labour Court, was made available to the Garda on an ad hoc basis. Such access will continue on an ad hoc basis until legal provisions are introduced to deal with the matter. I have no intention of presenting a similar case for the Defence Forces, who are an aid to the civil power.

A housing Bill is being introduced in the Seanad this week which will bring in some of the measures in the housing action plan, Rebuilding Ireland, but the pillar that deals with the rental sector has not been announced yet, although the Minister has made some public statements suggesting that he might introduce something like a rent supplement for middle income earners. In my view, that would raise rents further and put money into the pockets of landlords rather than address the issue of rent control. Is another piece of legislation planned to deal with the issue or will it come in the form of an amendment to the legislation that is going before the Seanad? Perhaps the Taoiseach would confirm if it is the intention to do what the Minister, Deputy Coveney, appears to be suggesting?

I have answered a question on this issue previously. The Minister for Housing, Planning, Community and Local Government, Deputy Coveney, intends to bring forward a comprehensive rental strategy to the House in the coming weeks. I can inform Deputy O'Sullivan that it will be before Christmas.

Could the Taoiseach suggest what might be in it?

Yesterday, we were told that this year is the warmest year on record. We heard the President-elect of the United States, Mr. Trump, say he would tear up the Paris Agreement. We will miss the 2020 target in terms of our own commitment, but what position are we currently at in terms of the sectoral plans for agriculture, transport and the built environment? When are we likely to see progress on the plans?

The Minister for Communications, Climate Action and Environment, Deputy Naughten, is in Marrakesh indicating the strategy Ireland will follow in order to meet our climate change commitments and challenges from 2020 to 2030. There is still a great deal of technical work to be undertaken in that regard with officials in Brussels. It is a very complex area and it will be challenging but we expect to be able to meet the challenges in the years ahead. The Minister will outline the detail of the strategy to the House later.

The programme for Government mentions the extension of the childhood vaccination programme to include meningitis B and rotavirus vaccines. Yesterday, we saw in much of the print media that the Department of Health is failing to reach its goal to implement the strategy by 1 December for newborn babies.

This follows the Department of Health failing to procure the BCG vaccine earlier this year. Will the Taoiseach clarify if the Department is implementing its own public health vaccination programme in a haphazard way? What is the Government doing to address an important public health concern?

I will advise Deputy Murphy-----

Deputy Chambers.

Gabh mo leithscéal, Deputy Chambers. I will advise the Deputy of the detail of what the Minister proposes in that regard. I will revert to him.

Three weeks ago in this Chamber I asked the Taoiseach about the state of the post office network. I asked him what was happening with regard to the programme for Government. I asked him if he would act on the Kerr report, and I also asked him if there was a need to introduce legislation to give a new lease of life to post offices. The Taoiseach gave me an assurance on the day but from reading the print press in recent days, it is now clear that the post office network is collapsing and it is disgraceful that the Government is sitting on its hands, as it were, and doing nothing. When we speak about the post office service, the reality is that old people and those with a disability use the post office more than any other people. Therefore, we are discriminating against people who need that service. I will ask the Taoiseach one or two questions.

One question, please, Deputy.

I will combine them in one question. First, will the Taoiseach clarify, because he did not on the previous day, which Minister has responsibility for the post office network? Is it the Minister, Deputy Humphreys, my constituency colleague, the Minister, Deputy Naughten, or the Taoiseach's friend, the Minister of State, Deputy Ring? Second, when can we expect action on this issue? If the Taoiseach does not act, within 12 months I can see 600 to 800 post offices closing.

My good friend and colleague, the Minister of State, Deputy Ring, will outline the detail of that for the Deputy this evening. He has been very active over the last period in meeting the different groups - postmasters, postmistresses and the different bodies - and he will spell out the facts this evening.

We were wondering where he had gone.

I would say they are all in Mayo.

The debate will be wound up by the Minister, Deputy Humphreys. I point out to the Deputy that the Government already committed to the basic bank account for post offices to be delivered through the Department of Social Protection. I point out to him also that many people are now doing their business online. As the Deputy well knows, a service will only survive if it is being used by people. I have evidence of a number of postmasters and postmistresses retiring but nobody in the community wanting to continue to provide a service. We cannot do anything about that. The Government is very open to giving every opportunity to post offices but the Deputy will have to bear in mind that times are changing and that people are the only ones who can keep a post office open by using the services it provides. The debate will take place this evening.

There is a commitment in the programme for Government to publish a report by mid-2017 on measures to boost local government leadership and encourage county councils to play a significant role in the regional action plans for jobs. Given that commitment to both local government and a regional jobs spread, will the Smiddy plan to merge Cork County Council and Cork City Council, which has been torn apart by the independent UCC report, be abandoned now and instead will an enhanced and strengthened Cork city and a strengthened local government be pursued to create that economic counterbalance to Dublin?

That is a decision I cannot make. It is a matter for the elected representatives in Cork. I point out to the Deputy that there has been significant investment in Cork in recent years. It is a city that is progressing strongly and favourably when we look at the investment in roads and infrastructure, the foreign direct investment in terms of the many major firms in Cork, and the improvement in public facilities in Cork. The city has changed radically over ten years and will again over the next ten.

The Action Plan for Jobs is now divided into eight regions. The requirement upon the Minister is to deliver 200,000 new jobs by 2020, with 135,000 of those to go to the regions. Cork city in particular and the greater Cork city area have been a very strong magnet in recent years for serious job investment and I am quite sure people would like to see that spread out. I commend the dimension in Skibbereen, which proves that where a community pulls together and attracts investment for broadband, for instance, the opportunities are greatly strengthened.

I want to raise the issue of the direct provision system being used across the country. We have a case only this week in Globe House in Sligo where a Kurdish man, Mr. Amjad Rosstami, has spent 35 days on hunger strike. That particular case may be dealt with but it certainly highlights the fact there are 5,000 people in this country in direct provision centres, many of them for many years. I am sure, as was stated in the Calais debate here, everyone on all sides of the House recognises we have an obligation to help these people who come from repressive regimes and war-torn places around the world, and to throw them into these inappropriate positions and leave them there for time on end is wrong. I am asking the Taoiseach if he will make a commitment that this Government will end the direct provision system and treat our refugees with humanity in an efficient matter so that they can be sorted out quickly.

As Deputy Martin Kenny will be well aware, this was the subject of a fine report by Mr. Justice McMahon, commissioned by the previous Government. The Government today considered a report in respect of child care from the rapporteur, Dr. Shannon, that contained 97 recommendations, one of which is that direct provision should be abolished. I would make the point to the Deputy that the Minister of State at the Department of Justice and Equality, Deputy Stanton, who has done an extensive amount of work in this area, has been visiting all of the direct provision centres. Obviously, this requires a strategy and a process by which people who come here as refugees or asylum seekers, who have in the past been sent to direct provision facilities, be given the best level of attention that we can give them, as refugees and asylum seekers.

Is the Taoiseach committing to abolish the system?

The Minister is working hard on the report produced by Mr. Justice McMahon, and following on the report of the special rapporteur today.

There are 11 remaining Members offering. I call Deputy Joe Carey.

I want to inquire about the disability-equality (miscellaneous provisions) Bill which will allow for our ratification of the UN Convention on the Rights of Persons with Disabilities. What is the status of the Bill and when can we expect it to come before the House?

The commitment here is to ratify the convention but the way it will be dealt with is to implement the necessary pieces of legislation first. Other countries have signed the convention and do the legislation retrospectively. We set out a roadmap of four Bills - I will give the Deputy details later on - to be implemented first before the country signs the UN convention.

Under the Irish aviation authority (amendment) Bill which is proposed to be published later this year, can I ask the Taoiseach about the Norwegian airlines and Cork Airport? Cork Airport is the second largest airport in the country and while there is much abhorrence and horror expressed about President-elect Trump's vision of building a wall, the administration preceding his in America has already built a wall in the skies which has prevented all transatlantic traffic coming into the second largest airport in this country. It is not for safety reasons. It is not for commercial reasons. It is purely on the basis of political reasons that it will not allow this to go ahead. I have been in contact on numerous occasions with Mr. Dan Katz, chief of staff in the office of the US Secretary of Transportation, Mr. Foxx. There is a political deadlock. Now that there is a new regime coming in America, would the Taoiseach be prepared to lead a delegation to Washington to ask that the politics be taken out of this and Norwegian airlines be allowed to build a route and a connection between Cork and Washington?

I would say an act of contrition would be required first.

I thank Deputy Jim Daly for his question. The Government supports this opportunity and potential for Norwegian airlines to be able to fly the Atlantic and land in Cork, with benefits for Shannon and, to a lesser extent, Knock. Obviously, it is something people would very much welcome.

This matter has been raised by Ministers over the past couple of years on many occasions. I myself had the opportunity to raise it directly with the President of the United States on two successive St. Patrick's week visits and following that, the American union of airline pilots, which, I understand, was blocking this for some time, lifted that blockage and stated it would be happy to go ahead provided that the pilots to be appointed were paid at European and American rates - there was a fear that it would be pilots from the Far East only who would be employed at lower rates.

To reply to Deputy Daly, I will be happy to continue to make a case for this as it would be of substantial benefit to the country.

The Garda Síochána (compensation for malicious injuries) Bill is promised legislation. Has a schedule been agreed for introducing it to the House and when is it likely to pass all Stages?

Legal advice is being analysed in that regard and I expect it will be the new year before that Bill will be introduced.

My party leader raised the financing of institutes of technology, but there is a bigger issue as well. There is no plan or vision from the Government for the third level sector. The Action Plan for Education was published some months ago and it contains only two lines about third level funding. There were a further two lines in the budget stating that a funding plan for third level education would be put in place. Part of the ranking assessments take account of the reputational issues of universities. Another matter that is taken into account is whether there is a sense that the Government has a vision for third level education and provides support for it. The perception abroad is that the Government has no interest whatsoever in the third level sector. We had to fight hard to get the little amount of funding the Government has granted to it. The Government must get a grip and draft a vision and a plan, because there is nothing in the Action Plan for Education and it affects the future of the country.

The Deputy is correct that his party leader raised that issue during Leaders' Questions. This is the first time in nine years that a significant investment has been made in the third level sector. It is almost €40 million. Not two sentences but two full paragraphs in the Minister's speech were about third level education. It is the intention of the Minister for Education and Skills, Deputy Bruton, and the Minister for Public Expenditure and Reform, Deputy Donohoe, to bring forward a strategy for long-term sustainable investment in the third level sector by the middle of next year. The House must discuss the realistic issues involved in capital investment for third level education. It is a critical issue with regard to the type of opportunities that will arise in the future in the context of the new advances in artificial intelligence, robotics, data analytics and other such areas where Ireland can be a world leader. That requires a very strong third level sector but, unfortunately, due to lack of investment in the past, that did not happen. It is starting now with an initial allocation of €39.5 million.

Over two years ago the HSE initiated the service improvement team's report on the disability sector to ensure services such as St. Hilda's in Athlone and St. Christopher's in Longford were adequately funded. That report was completed more than 12 months ago but we are still awaiting its publication. As a direct consequence of that, services such as St. Christopher's are not being adequately resourced. When will the HSE live up to its commitment to publish the report to ensure services are adequately funded?

I cannot answer the Deputy's question now but I will find out what the answer is and give it to him.

I rith na Dála deireanaí, d'fhoilsigh an tAire Ealaíon, Oidhreachta agus Gaeltachta Bille leasaithe ar Acht na dTeangacha Oifigiúla agus cuireadh i gcoiste é. Ní raibh mórán glactha ag an gcoiste leis an mBille a bhí foilsithe ag an am sin. Tá ceist an-simplí agam ar an Taoiseach. An bhfuil sé i gceist ag an Aire cinn Billí nua a fhoilsiú agus iad a chur ar ais ag an gcoiste nó an bhfuil sé i gceist aici dul ar aghaidh agus an Bille leasaithe a fhoilsiú mar Bhille? Cé acu a bheidh ann: cinn Billí leasaithe nó Bille bunaithe ar an rud a bhí curtha faoi bhráid an choiste cheana?

Ní raibh an tAire in ann an Bille deireanach a chur tríd an Teach mar ní raibh aontas ar bith ann faoi. Tá sé ar intinn ag an Aire Bille nua a thabhairt isteach. Tá sí ag obair air sin faoi láthair. Níl a fhios agam go cruinn an bhfuil sí ag obair ar na forálacha a bhí sa seanBhille, ach cuirfidh mé scéal chuig an Teachta Ó Cuív maidir leis.

Children who are in receipt of domiciliary care allowance payments or children with severe disabilities are in significant need of a medical card. A medical card not only covers the supply of medication but also opens the door to other badly needed medical attention. When can we expect the health (amendment) (No. 2) Bill, which will provide for an automatic right to a medical card for these children?

The heads of that Bill will be brought to Government shortly.

Recognising that solar energy has the potential to be a significant component of our renewable energy mix, when does the Government intend to bring forward the tariff structure which would allow that potential to move towards becoming a reality?

I will have to get back to the Deputy with the details.

It is a pity the Minister of State, Deputy Finian McGrath, is imithe. Paragraph 7 on page 47 of the programme for Government contains a commitment to improving the lives of people with disabilities. It is very sad that the previous Government cut the mobility allowance for people with disabilities to convert their cars and that it still has not been reinstated. It is vital for all people with disabilities, and certainly for people in rural Ireland who cannot access transport services, to have their cars converted. We need it to be reinstated immediately.

I was asked the question several times and I have asked the people who are working on the matter for a meeting. It has been four years since it was stopped. I will come back to the Deputy. It is complicated.

A number of months ago, I asked the Taoiseach, regarding the programme for Government, what was the schedule for the access inclusion model, AIM, programme. It is 15 November and the AIM programme is up and running. Regrettably, however, some parts of it are not, particularly the therapeutic aspect that is aimed at children with Down syndrome. Yesterday, I met people protesting outside for better pay. Regrettably, some of them on the AIM programme have not been paid for ten weeks. Where is the schedule?

I cannot tell the Deputy. I will have to find out for her. It is a good question.

The programme for Government contains a very clear commitment to provide regulation and planning guidelines for wind farms. It is a major issue for rural communities. The absence of guidelines is giving big wind energy companies a free run in rural counties such as my own, County Offaly. There is a serious problem in Cloghan, where a planning application was opposed by an inspector who raised serious concerns. I would like to know about the level of consultation throughout the country, given that it has not happened in my county. When will the guidelines be published?

It is an important part of the Government's response to climate change and a valid question. During the term of the previous Government, it was not possible to get agreement between the then Ministers, former Deputy Alex White and Deputy Alan Kelly. The Minister for Communications, Climate Action and Environment, Deputy Denis Naughten, and the Minister for Housing, Planning, Community and Local Government, Deputy Coveney, are having real discussions about it and it is a focus of a considerable deal of attention from the Minister, Deputy Denis Naughten. I expect that he should be in a position to conclude his discussions reasonably soon. I do not want to put a date on it.

I fear the Taoiseach may have inadvertently confused the House earlier in his response to Deputy Martin on the provisions of the Competition and Consumer Protection Act 2014. The question the Minister, Deputy Denis Naughten, faces is whether he will refer a particular acquisition to the Broadcasting Authority of Ireland, given that it has an interest in the effect it might have on the overall broadcasting environment. This is the key thing he has to consider, not whether there will be a retrospective effect on the particular company in question. Can the Taoiseach confirm that my interpretation of the legislation is correct?

Sorry to be disruptive. We are at risk of the discussion on promised legislation turning into a very extended Leaders' Questions. I will raise this matter at the Business Committee this week. The purpose of this debate is to talk about legislation that is on the way, not to bring up any topic that anybody wants to bring up. That is why we have Topical Issues.

It is critical legislation. If the Taoiseach has inadvertently interpreted the legislation-----

The Deputy should resume his seat. The Taoiseach understands the question. Does the Taoiseach want to make any comment?

I have given the answer.

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