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Dáil Éireann díospóireacht -
Wednesday, 16 Nov 2016

Vol. 929 No. 1

Questions on Promised Legislation

I ask that all who ask questions respect other Members. A question on promised legislation is to elicit information and, if we stick to that, we might be able to get everybody in. I call Deputy Micheál Martin.

There is a crisis in respect of children with autism getting school places, particularly in second-level schools. There is a paucity of second-level schools that are making places available to young people with autism. Last night, for example, there was a meeting of 60 parents who were told that there are only eight places in a particular location. The situation is that shocking. There is a basic lack of proactivity in terms of the issue. The Education (Admission to Schools) Bill is coming back onto the agenda. The NCSE must be given the authority and the responsibility to engage with schools in order to ensure that all schools are open to accepting units for young people on the autistic spectrum. The number of special units in mainstream second level schools is far too low. What is going on is a scandal. There has been no proactivity.

That is not true.

There is the Education (Admission to Schools) Bill and also the education (parent and student charter) Bill-----

That is not true.

I am talking to the Taoiseach. The Minister of State, Deputy Regina Doherty, is not Taoiseach.

A question to an Taoiseach, please.

The Minister of State should calm down. The role of the Chief Whip is to try to develop a bit of consensus, not to be at people all the time.

Does the Deputy have a question for an Taoiseach?

It relates to the education (parent and student charter) Bill.

What the Deputy said is not true.

It is true, by the way. Parents are at their wits' end, as are teachers.

I call the Taoiseach.

Some schools have stepped up to the plate but an awful lot of schools are not doing so in respect of accepting children with special needs, particularly those with autism. Something has to be done about it legislatively. It happened at primary level over a decade ago but it is not happening at second level. There are many other issues to which I could refer, including the lack of respite and so on. The education (parent and student charter) Bill is promised.

Significant improvements have been made in this area. The Education (Admission to Schools) Bill will be before the Dáil this evening and the education (parent and student charter) Bill, to which the Deputy referred, is being drafted.

An insertion is needed to the Education (Admission to Schools) Bill.

That will be for discussion this evening.

The programme for Government commits the Government to honouring our commitment to recognise the state of Palestine. Two years ago the Dáil and the Seanad voted to do this but the Government has not acted on that commitment. Since the beginning of this year, 252 Palestinian homes in the West Bank have been demolished by the Israeli authorities and 1,062 people, including 553 minors, have been made homeless. The Israeli authorities have destroyed approximately 150 internationally-funded development projects, which has cost the EU an estimated €58 million.

There has also been an increase in the number of UN and non-governmental organisation officials denied entry into Gaza or the West Bank. The Taoiseach has been in Gaza and I have been there. It is not a pleasant experience. Imagine living there.

On 26 September I raised this issue with the Taoiseach. Nothing happened. I raised it on 8 June and nothing happened. The Taoiseach could stand up now and formally recognise the state of Palestine. It does not need legislation it only needs for the Taoiseach to take that decision. I invite him to keep to his Government's commitment to act in the letter and the spirit of the Oireachtas motion and to formally recognise the state of Palestine. I invite him to do that now.

The Deputy did raise this on several occasions. There is a decision in principle. I spoke to the Minister for Foreign Affairs and Trade recently about it. He is concluding work on it and when that is finished I will report to the House.

According to The Irish Times a criminal investigation is under way relating to the death of Marie Fleming. All of us in this House, and indeed many people throughout the country, remember the bravery shown by Marie and her partner, Tom. Diagnosed with a significantly life-limiting condition, Marie made the decision to choose the point at which her life contained so much pain and so little joy that she did not want it to continue. Her partner, Tom, walked that agonising road with her every step of the way. Despite the loss of the case in the Supreme Court, very few of us imagined that criminal proceedings would ensue. I know that the Minister of State at the Departments of Education and Skills and Jobs, Enterprise and Innovation, Deputy Halligan, has expressed very strong views on this matter which are shared by many in the House. Is it the Government’s intention to legislate on this issue?

I remember this case very well. It was a most sensitive and very personal case and go ndéana Dia grásta uirthi. At the time I remember answering questions in the House on it. There is a constitutional bar. I have taken advice from the Attorney General that the legislation the Deputy refers to would not be constitutional and I remember answering questions from the far side of the House prior to the death of Marie Fleming. It is not the intention to introduce legislation.

On section 11, page 119 of the Animal Health and Welfare Act 2013, where we come from deer and badgers are spreading tuberculosis, TB. It seems to me that they have more rights than the people or the farmers or the people travelling the roads. When a farmer’s herd or several animals go down, it takes three weeks before they are taken off the farm. It is causing undue stress and hardship for small farmers to maintain these animals away from the rest of the herd. Will the Taoiseach ask the Minister for Agriculture, Food and the Marine to deal with this very urgent and serious problem? It is causing the further spread of TB, it is hurting the eradication of this very costly disease and it is causing much stress to many farmers.

Promised legislation.

It is on page 119, section 11.

I am not aware of the incidence of TB in the Kilgarvan area or down around the Robbers Glen but it is an important issue that the Deputy has raised. I will contact the Minister for Agriculture, Food and the Marine. It is true to say, and I know that in other locations there were investigations into deer and badgers, not just in Ireland but in other countries. I will have the Minister respond directly to the Deputy.

The recent Barlow judgment in the Supreme Court has the effect of making it illegal for any Northern Ireland registered fishing vessel to fish within the 12 mile limit of the State. This is having a huge impact on fishermen, particularly in Greencastle in County Donegal. It would need primary legislation to reverse this decision. Does the Department of Agriculture, Food and the Marine have any plans to deal with this matter urgently?

I do not think the primary legislation could be drafted as a matter of urgency in this particular case. There was a meeting in Brussels during the week at which fishing was raised. I will come back to Deputy Pringle in respect of the question he asked.

As the Taoiseach knows, the Minister for Communications, Climate Action and Environment, Deputy Denis Naughten, is in Marrakesh today making an address to the UN summit on climate change. The major concern at that summit is around the dangerous pledges of US President-elect Trump to tear up the Paris climate change treaty, thereby threatening global action to deal with climate change. There are many reasons to be concerned about the vile, racist, sexist and militarist agenda of Trump, but his threat to global action on climate change is very serious. I want to know when we are going to get a report from the Minister on the discussions in which he is involved today regarding the action we intend to take, the discussions that took place in Marrakesh and what we are going to do to stand up to Trump's dangerous agenda. I want to know when the national mitigation plan will be published in order that this country at least might send out a message that it is not going to go along with Trump's agenda.

I thank the Deputy.

Some of us are going to the US embassy to protest against Mr. Trump and his agenda tomorrow. I would like to know if this Government is going to stand up against his anti-environmental agenda.

The Taoiseach on the promised legislation.

This Government stands by the agreement to which we have signed. Ireland received a very good response from Commissioner Cañete. While the position is exceptionally taxing, we will meet the challenges that have been set for us between 2020 and 2030. I expect that Minister Naughten will outline to the House the discussions that he has had and that he will publish whatever reports are necessary. While its profile is different from most other countries because of its agricultural sector, Ireland, along with so many other nations, is committed to meeting its targets and playing its part in meeting the challenges relating to climate change.

What are we going to say to Trump?

I wish to refer to the price increases relating to grain farming as a result of the bad weather. It is estimated that up to 500 farmers have lost their entire crops. There are significant issues in the supports that are required to keep those farmers in business. I know that the IFA and other farming organisations have been in touch with the Minister for Agriculture, Food and the Marine. This is a matter I have raised previously on the floor of the House. Unfortunately, the Government has not come forward with the type of supports required to keep these farmers in business and ensure that they can meet bills. I am talking particularly about those who have actually lost crops this autumn. The loan funding which has been flagged for the start of next year will not meet their requirements. There are particular funds required. Will the Government acknowledge the plight of these farmers and bring forward the funding to support them?

The Government recognises the difficulties of grain farmers in particular this year. In some parts of the country, it was impossible to get any grain out. That is why the Minister for Agriculture, Food and the Marine is meeting with them and has met with them. That is why the Minister for Finance inserted into the Finance Bill a gap year, which will allow for farmers to be able to write off - as it has been effectively written off - a particular year in which things were very bad. These are issues that the Government does recognise. Obviously, the Minister for Agriculture, Food and the Marine will keep a close eye on the matter.

The programme for Government pledges the implementation of the comprehensive employment strategy for people with disabilities. The programme for Government talks about supporting people with disabilities and removing the barriers that impact on access to services, education and, indeed, work. Budget 2017 announced funding of €2 million for projects that provide pre-activation supports for people with disabilities in 2017. Where exactly is that €2 million going? To which projects was the Minister referring when he made the announcement? We cannot have an announcement such as this without knowing exactly where the money is going. There are some fantastic projects out there, such as WALK PEER, the future of which is totally uncertain again.

Could I ask the Taoiseach again where exactly is the €2 million going and could we get reassurance for projects such as WALK PEER in order that the excellent work it is doing can continue?

The question does not relate to legislation but I suggest the Deputy should table the matter as a Topical Issue.

It is in the programme for Government.

The Minister of State, Deputy Finian McGrath, has allocated €2 million for this measure for 2017.

Where is the money going?

I met a very nice couple-----

I am sorry for interrupting the Deputy, but Members should be aware that there is limited time and I cannot extend the time unless it is by order of the House. Deputy John Brady should be aware of that.

It is not your fault, a Leas-Cheann Comhairle.

I cannot do it. It is a matter for the House if it decides to do it and then I will implement it.

I met some couples in my constituency, and I am sure there are others throughout the country, who need surrogacy legislation to be enacted in order to allow them to have a family. What are the Government's plans in relation to that matter?

I thank Deputy Byrne for his brevity.

I do not know if legislation is promised but I will investigate the matter for Deputy Byrne.

I call Deputy Michael Healy-Rae. He should be brief.

No. 47 in the programme for Government sets out an ambitious tourism goal with regard to increasing the number of visitors to this country. That would be greatly helped if the bid for the 2023 Rugby World Cup is successful. I compliment the Taoiseach and the Government on getting fully behind the bid.

Is there a question?

The question is whether every effort possible is being made to ensure the bid will be successful because it would be of enormous benefit to the country, and to County Kerry and Killarney, the capital of tourism.

Yes, Killarney would be an ideal venue.

What about Tipperary? Where Tipperary leads, Ireland follows - Semple Stadium.

This will be a very challenging situation, a Leas-Cheann Comhairle. The Government fully supports the joint bid for the island of Ireland, as does the Northern Ireland Executive and the British Government. We will do everything we can to ensure that next year the decision is made by those who have the casting votes on the issue in order that Ireland will host the Rugby World Cup in 2023.

Finally, I call Deputy Breathnach. I am sorry for the others who wish to speak but it is necessary for the House to extend the time in order for everyone to get a chance.

We have been promised the new wind energy planning guidelines this month. When exactly will they be published? Many communities are chomping at the bit to see the new guidelines.

I cannot give the Deputy a date. The Minister for Communications, Climate Action and Environment, Deputy Naughten, is working with the Minister for Housing, Planning, Community and Local Government, Deputy Coveney, on the guidelines. I will ask him to report to the House on the matter.

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