Dáil Éireann díospóireacht -
Tuesday, 24 Jan 2017

Vol. 935 No. 3

Order of Business

Deputy Eamon Ryan

Tuesday's Government business shall be No. 1, Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016 [Seanad] - Second Stage. Private Members' business shall be No. 86, motion re tracker mortgages, by Sinn Féin.

Wednesday's Government business shall be No. 18, post-European Council statements; No. 1, Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016 [Seanad] - Second Stage, resumed; No. 4, National Shared Services Office Bill 2016 - Order for Second Stage and Second Stage; and No. 5, Criminal Justice (Offences Relating to Information Systems) Bill 2016 - Order for Second Stage and Second Stage. Private Members' business shall be No. 87, motion re establishment of commission of investigation into the Stardust tragedy, by Independents 4 Change.

Thursday's Government business shall be No. 19, statements on symphysiotomy; No. 4, National Shared Services Office Bill 2016 - Second Stage, resumed; and No. 5, Criminal Justice (Offences Relating to Information Systems) Bill 2016 - Second Stage, resumed. Second Stage of No. 30, Nursing Home Support Scheme (Amendment) Bill 2016, will be debated in the evening slot.

With regard to proposed arrangements for this week's business, I refer Members to the report of the Business Committee dated 19 January 2017.

With regard to tomorrow's business, it is proposed that the post-European Council statements shall commence immediately after Questions to the Taoiseach and be followed by Questions to the Minister for Foreign Affairs and Trade, and will be brought to a conclusion after 105 minutes. The speech of a Minister or Minister of State and the main spokespersons for parties or groups, or a member nominated in their stead, shall be no more than ten minutes each; a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; there will be a five minute response from the Minister or Minister of State and all Members may share time.

In the context of Thursday’s business, it is proposed that Dáil shall sit at 10 a.m. to take statements on symphysiotomy, which shall be brought to a conclusion after 120 minutes. The speech of a Minister or Minister of State and the main spokespersons for parties or groups, or a member nominated in their stead, shall be not more than 15 minutes each and all Members may share time. If the statements conclude before 12 noon, the House shall suspend until that time.

An Ceann Comhairle

There are two proposals to put to the House. Is the proposal for dealing with Wednesday's business agreed to? Agreed. Is the proposal for dealing with Thursday's business agreed to? Agreed.

Deputy Micheál Martin

The programme for Government contains a commitment to recognise the value and benefit of rural transport to many communities, in particular older people vulnerable to social isolation. It goes on to say that the Government will examine how best to improve integration of services in the rural bus network within regions, including public buses, school transport and the Health Service Executive, HSE, transport networks. However, what is happening within Bus Éireann flies in the face of that commitment. Last week, the Taoiseach gave an assurance to Deputy Troy that there would be no reductions or cuts in services or routes across the regions of rural Ireland. We have now moved on from a concern about Expressway services to one where the acting chief executive is saying that Bus Éireann services in their entirety are in jeopardy, with 2,600 jobs at risk. There cannot be a rural transport system if that comes to fruition.

In many ways, there has been policy by stealth under way with regard to public transport. Essentially, that is what is behind the moves in respect of Bus Éireann. It is not just a narrow management-union issue. Who is in charge of the implementation of the rural transport network aspect of the programme for Government? Can the Taoiseach indicate what steps will be taken to realise the laudable objectives in the programme for Government pertaining to such transport?

The Taoiseach

Deputy Martin is well aware of the industrial relations mechanism that now kicks in regarding the dispute between the management and unions at Bus Éireann. The Minister for Transport, Tourism and Sport has commented that in the event of changes introduced by Bus Éireann in rural transport, the gap will be filled by the National Transport Authority. The latter is referred to in the programme for realising our rural potential that we launched yesterday. The programme contains a section dealing with both the requirements involved and the necessity to have rural transport provided for people throughout the country. That will fall under the monitoring of the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, so there are two separate issues. Clearly, the assessment of the quality and value of rural transport is one. The outcome of the discussions and negotiations between management and unions in Bus Éireann might well have an impact on that element of rural transport having to be provided in a different way in the future.

Deputy Gerry Adams

The programme for Government states that the Government will honour our commitment to recognise the state of Palestine. I have raised this matter with the Taoiseach many times but he refuses to act on that commitment. The Dáil and Seanad have voted for this, but the Government refuses to act on the vote of the Oireachtas. In the first four weeks of this year, Israeli authorities have continued the theft of Palestinian land, the demolition of Palestinian homes and, in direct contravention of international law, have approved the construction of 566 new settler homes in east Jerusalem. We also hear from the Trump Administration that it expects to transfer the United States embassy to Jerusalem. This will seriously undermine the consensus that was expressed at the recent Paris conference on the Middle East. There is now widespread talk among Palestinian people about the need for a new intifada.

Will the Taoiseach urgently inform the new US Administration that the State opposes any move of the US embassy to Jerusalem? Will the Taoiseach agree to recognise the state of Palestine formally, as he is committed and bound to do following the Oireachtas vote on the matter?

The Taoiseach

The Oireachtas vote expressed itself in the House. The situation regarding Palestine and Israel is in transition. The comments made by the new US Administration have been very clear. I have always opposed the building of accommodation on what was deemed Palestinian lands. The question here is about accountability. Clearly, we, and the vast majority of people, have supported the two-state solution. This goes back to the late 1940s, as Deputy Adams is well aware. President Trump has said he would expect that his newly appointed ambassador here would have a major influence in being able to deal with the question between Israel and Palestine. What the outcome of that means is for discussion and negotiation.

Deputy Gerry Adams

The question is for the Taoiseach.

The Taoiseach

The Deputy is aware of former Secretary of State John Kerry's intense involvement in this matter but to no avail. The situation is exceptionally sensitive and the position has changed.

Deputy Gerry Adams

Will the Taoiseach accept and recognise the state of Palestine?

The Taoiseach

Consideration is still being given to the outcome of the vote in the Oireachtas in terms of the recognition of Palestine.

Deputy Brendan Howlin

In 2012 the then Government agreed the heads of the mediation Bill, the purpose of which is to promote mediation as a viable alternative to court proceedings. It should be a priority to minimise the costs for individuals and the cluttering up of our courts system with cases that could be settled in a much more amicable way through mediation. When will the mediation Bill come before the House?

The Taoiseach

It is a priority for the Government in this session and work on it is very well advanced within the Department of Justice and Equality.

Deputy Mary Lou McDonald

It will never be done. It is what the Taoiseach refers to as a "priority".

Deputy Mick Barry

I noted with interest yesterday's announcement regarding the rural development plan. I also noted the Taoiseach's reply to Deputy Micheál Martin's question a few minutes ago. I further noted the guarantees Government spokespersons offered yesterday regarding the provision of bus services to rural towns and villages. I do not think the Government will be able to provide bus services to all the rural towns and villages at the same time as Bus Éireann introduces major cuts to services. Is the Taoiseach prepared to introduce legislation - and is he preparing such legislation - to legally underpin the guarantees given yesterday in respect of the provision of bus services to rural towns and villages?

The Taoiseach

I note that Deputy Mick Barry has noted lots of things. I hope he reads the document published yesterday about realising the potential of rural Ireland. It was never the intention that every single town and village in the entire country would be provided with transport. It is the intention, in so far as possible, that where communities come together and where the position whereby transport is currently supplied by Bus Éireann is - for whatever reason arising from the discussions that take place between management and unions - changed, services will have to be supplied in a different way. The document draws together all the different programmes and agendas that have been there for a long time and puts them under the control and assessment of a senior Cabinet Ministry for rural affairs. It is one of the central features of the document, which is a worthwhile read. When the Deputy has read it, he can note that there are lots of things in it.

Deputy Mick Barry

I have noted the Taoiseach's points.

Deputy Ruth Coppinger

It is the occasion for a big joke, is it?

Deputy Danny Healy-Rae

The Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, was in Kerry yesterday, outlining the housing strategy to deal with the housing crisis. However, more needs to be done before many of these actions or policies will work. Yesterday, the Minister said if elderly people moved in with a son or a daughter, they could then rent their house to the local authority and it could become available for social housing. This announcement has been queried by many elderly people since. Having inquired into this, I note the pension entitlements for a person on a non-contributory pension taking up this offer would be affected. What the Minister spoke about will not become a reality if he does not provide an incentive. Why would a person on a non-contributory pension give up their house for this leasing scheme if no incentive is provided? No elderly people will harm their pension if some incentive is not provided.

The Taoiseach

I will point out to the Deputy, as the Minister, Deputy Simon Coveney, did yesterday, there are currently 122 social houses being built in Kerry, 122 more than last year.

Deputy Danny Healy-Rae

That is not the question.

The Taoiseach

The Minister was not referring to houses that are currently occupied but ones which are vacant and could be made available for people to live in. The repair and leasing scheme that the Minister referred to yesterday deals with vacant houses which could be brought back to quality habitable houses in which people could live in comfort.

Deputy Danny Healy-Rae

Will the Taoiseach deal with the question?

Deputy John Brady

Last December, the Taoiseach launched the Creative Ireland programme, a five-year Government initiative. One reason for this was to develop Ireland as a global hub for film and television production and to further enhance our global reputation in this regard.

If the Taoiseach is genuine about this, will he clarify the State's position regarding the 32% shareholding in Ardmore Studios? There are conflicting reports coming back from the Minister for Jobs, Enterprise and Innovation, Deputy Mary Mitchell O'Connor, and the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Heather Humphreys. The former has said the State will not sell its 32% shareholding in the film studio while in a communication just before Christmas, the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs stated she will review the sale of the shareholding.

An Ceann Comhairle

This is not really relevant to promised legislation.

Deputy John Brady

It is. There is a commitment in the programme for Government around TV and film production and core to that is Ardmore Studios, of which the State has a 32% shareholding.

Will the Taoiseach clarify whether the State will continue its involvement in Ardmore Studios, or, as the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs has alluded to, will it review its ownership of the shares? The staff in Ardmore Studios and the people of Wicklow need clarity on this.

The Taoiseach

The State has done quite a lot in respect of making provisions for the film world. Over the years, Ireland has had a great reputation in this regard. The State has changed the capping levels for tax purposes in so far as that is concerned. A school of graphic design has been established and moves are under way to acquire extensive building capacity that can be insulated whereby movies can be shot inside these facilities. I visited Ardmore Studios several years ago.

I am not prepared to intervene between the Minister for Jobs, Enterprise and Innovation, Deputy Mary Mitchell O'Connor, and the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Heather Humphreys. I will, however, get a clear statement from either one or the other or from both for the Deputy so he will fully aware of the situation pertaining to the 32% shareholding.

Deputy David Cullinane

Last week the Committee of Public Accounts had hearings on the issue of guardians ad litem. The Secretary General of the Department of Children and Youth Affairs was clear that there is a complete lack of checks and balances in place regarding the total amount of money spent in this area, which comes to €15 million per year in professional and legal fees.

An Ceann Comhairle

To what legislation is the Deputy referring?

Deputy David Cullinane

The Secretary General told me heads of a Bill are being worked on for guardians ad litem.

The issue here is that Tusla, which is the paymaster, and Mr. Fred McBride, who was before the committee, said the organisation is operating at the limit of its powers and has no legal authority to do so. This is a very serious issue where we have millions of taxpayers' money being spent without any proper checks and balances in place. Given the seriousness of the services that guardians ad litem provide to children at risk, it is very important that this legislation is prioritised.

On the issue of Bus Éireann and the Expressway-----

An Ceann Comhairle

The Deputy may only raise one matter. He should sit down.

Deputy David Cullinane

This is not an issue of industrial relations. It is an issue of Government policy-----

An Ceann Comhairle

Deputy, please.

Deputy David Cullinane

-----to privatise the bus route like it did in Waterford city where 100% of bus routes were privatised.

An Ceann Comhairle

The Deputy is completely out of order. The Taoiseach should address one issue, please.

The Taoiseach

That is not Government policy. The Government has increased the subvention in recent budgets.

In respect of the child care (amendment) Bill which Deputy Cullinane mentioned, the heads were approved by Government at last week's meeting and it now moves on for pre-legislative scrutiny. I am sure Deputy Cullinane will be invited to make the relevant point, which he has made, in the course of the consideration of the heads of the Bill.

Deputy Eugene Murphy

There was clear commitment in the programme for Government to the revitalisation of rural Ireland and also to the road network. I welcome the Taoiseach's visit to Ballymahon in Longford yesterday, even though, in the new spirit of politics, nobody from this side of the House was invited. Nevertheless, it was a good day.

Deputy Darragh O'Brien

It happened a number of times.

Deputy Eugene Murphy

It will be good if the Government can implement some of what was included in the programme. My question was not answered yesterday as far as I understand. Will the Taoiseach give a commitment that the national primary routes, the N4 and N5, both going to the west and north west, will be included in the capital programme this year? The Taoiseach knows the neglect of these routes and he knows it is vital to upgrade them. It is vital to put a substantial sum into them. In the area of the west, apart from the roadway to Galway, there is no motorway into most of the west and north west where there are more than 500,000 people. At this stage, the Taoiseach must know, as I do, every pair of cat's eyes on the N5. It is really in need of work. The Taoiseach knows that. He travels it a number of times a week. Will the Taoiseach give me a clear commitment that both the N4 and N5 will be included in the capital programme of works in 2017?

The Taoiseach

I have been aware of both of these roads twice a week for the past 40 years. There are sections where there are difficulties with the archaeological excavations. There is a major capital review programme to be carried out mid-year. Some sections are more ready than others. Let us see the state of readiness of sections of the N4 and N5. Clearly we need continuing, major capital expenditure in particular locations throughout the country. These are the main arteries into the west and from the west to Dublin. There are sections that need to be improved.

Deputy Louise O'Reilly

I want to ask the Taoiseach about the assisted human reproduction Bill. I want to know when the general scheme of legislative provisions dealing with assisted human reproduction will be published. I have asked quite a number of parliamentary questions about this and the Minister has advised that officials in the Department were drafting the general scheme of legislative provisions. Unfortunately, it is not down for publication this term. I am aware that the HRB was engaged to conduct a comprehensive review of international public funding models but I am also aware that this was due to be completed by 2016. Is it the delay in this research that is delaying the legislation? There are large numbers of couples who are desperate to see this legislation published and progressed as soon as possible.

The Taoiseach

This is a sensitive matter. The heads are being developed and quite a deal of work has been done on them. I cannot answer the question that the Deputy asked about whether it is being delayed because of that information or research she is talking about. I will find out for the Deputy and will advise her exactly as to the current state of play in so far as the heads being developed and coming to Cabinet for approval is concerned.

Deputy Eamon Ryan

With regard to the Taoiseach's management of the Brexit progress, will he provide any update on the potential involvement of the Dáil in the upcoming visit by the British Prime Minister to Ireland?

Will he indicate when she is due to visit? Will he arrange a meeting between the leaders, as he has done previously, either in advance or preferably after such a meeting, in order that we can consider the outcome of the discussions with the British Prime Minister?

The Taoiseach

I received a letter from the Ceann Comhairle about this matter. My understanding is that the Prime Minister's schedule will not allow that to happen and I am not in control of that schedule. Obviously, when details are absolutely finalised, we will be aware of those. My understanding is that the visit was to come to Government Buildings to have a Taoiseach to Prime Minister discussion, and to follow that with a particular set of issues. It is around this that the visit will take place. I will obviously keep the House updated as the issue becomes more finalised.

Deputy Michael Healy-Rae

The Minister for Health announced last week at the launch of the National Treatment Purchase Fund strategy for 2017-19 that driving down the length of time patients are waiting for procedures is a priority in 2017. I am glad further funding has been announced. Will the Taoiseach state in the House whether this will lead to a reduction in the waiting lists in Kerry and Cork where, as I have said before, people are going blind while waiting to have cataract procedures performed?

I highlighted to the Minister before Christmas a practical policy whereby we can make Kerry and Cork a centre of excellence for dealing with cataract operations. I am asking the Minister to ensure a certain amount in the NTPF is concentrated on the proposal I gave to him before Christmas. It will work, it will be value for money and it will make County Kerry in particular a centre of excellence for dealing with cataract operations. We are currently not performing any operations whereas we did before and we can do so again. We can buy the treatment in County Kerry.

The Taoiseach

I assure Deputy Healy-Rae that I will bring his express comment and request to the attention of the Minister personally. Clearly, if extra money has been made available, we welcome that. Medical and clinical decisions are made as to how that should be spent. I will advise the Minister of the Deputy's comments in respect of a backlog of people who are having difficulty because of cataracts that need to be dealt with.

Deputy Eoin Ó Broin

The owners and residents of 600 apartments in Beacon South Quarter in Sandyford have been told they face a bill in excess of €10 million to provide for remedial works for properties they bought which, unbeknown to them, were of a substandard nature. We can now add this development to names like Priory Hall, Aras na Cluaine and Longboat Quay.

The legislative programme provides for a new building control Bill. My question is twofold. First, will there be a comprehensive review of the existing compliance regulations introduced in 2009 to ensure that, if any updates are needed, they can be provided in this legislation? More important, will the legislation include comprehensive consumer protections that apply not only to people who buy properties in the future but, like the consumer protections provided via the Financial Services Ombudsman, that could apply retrospectively to give relief to families such as those in Sandyford or elsewhere who have, through no fault of their own, bought properties that are clearly not meeting fire safety or building regulations?

The Taoiseach

I will ask the Minister, Deputy Coveney, to answer that.

Minister for Housing, Planning, Community and Local Government (Deputy Simon Coveney)

The building control Bill is a priority for this term. We hope to have the heads ready to bring to Cabinet before the end of next month. I am sure we will have an opportunity to go through the detail of the Bill once it is introduced.

Deputy Tony McLoughlin

I am sure the Taoiseach will agree drink-driving is one of the most dangerous offences in this country and it is one which leads to many road fatalities. It is an offence which should result in an automatic driving ban for those convicted. On this basis, does the Taoiseach agree that the road traffic, fixed penalty notice, drink-driving Bill is urgently needed and will he update the House on its progress?

The Taoiseach

I expect we will have the heads of that Bill in about six weeks.

Deputy Martin Kenny

The programme for Government contains a commitment to the reform of banking and financial services, particularly in regard to the repossession of houses. Many people have had their loans bought up by various institutions - these vulture funds, as they are described.

The issue is that many of these people find their loans are sold in groups of perhaps 40 or 50. I have come across numerous people who have tried their very best to deal with the banks to be able to buy their own loans back. That is all they want to do. These are functioning loans, there is no problem with them and the borrowers have always met their repayments. However, they find they are sold off to some company from China, Hong Kong or wherever. The borrowers want to take control again so that their loans do not end up with these vulture funds. Everyone in this House is agreed that this is an absurd situation. Will the Government change the relevant legislation to ensure that before a person's loan is sold off, his or her bank must give him or her sufficient notice and an adequate opportunity to negotiate with the bank to buy his or her loan back, even if at slightly less of a discount than that at which a vulture fund would buy it?

The Taoiseach

I am not too sure we would interfere at that level. Where loans are acquired in bulk in such circumstances, the purchasers of have undertaken to adhere to the code of conduct set out by the Central Bank in respect of each of the tenants involved. In other such cases in the recent past, the Minister for Housing, Planning, Community and Local Government has intervened to protect tenants.

Deputy Carol Nolan

In the programme for Government there is a very clear commitment regarding a pilot scheme for the reopening of Garda stations. Is this under way? Many rural communities are living in absolute fear. In my constituency of Offaly and north Tipperary, Garda stations were closed in Shannonbridge, Geashill, Lorrha and Terryglass. I have also heard that there is no longer a Garda sergeant in place in Borrisokane and that the post will not be filled again, which I find absolutely shocking. I know for a fact that communities are coming together and trying to patrol rural areas at night themselves. This is absolutely shocking and a clear indication that something needs to be done about it. What is the status of the pilot scheme? Could the Taoiseach please provide a timeframe for it?

The Taoiseach

The Government has made extensive, increased amounts available for Garda purchases - including of vehicles, IT equipment and other items - in order that officers can do their jobs properly. This also includes text alert, community alert and the very close co-operation between gardaí and communities to deal with situations such as that to which the Deputy refers. The decision has also been taken to increase Garda strength to 15,000 by 2020, bringing the overall strength of the force- between civilians and gardaí - to 21,000.

The matter of the sergeant in Borrisokane is clearly one for both the chief of the district and the day-to-day running of the Garda by the Garda Commissioner. The programme for Government contains the reference, to which the Deputy refers, to a pilot scheme for six Garda stations, both urban and rural. It is a matter for the Garda Commissioner to set out the criteria by which she would assess the appropriateness of opening particular stations. I understand that this work is under way.

An Ceann Comhairle

Last but by no means least, I call Deputy Bernard Durkan.

Deputy Bernard J. Durkan

The Garda Síochána (compensation for malicious injuries) Bill is promised legislation in respect of which the legal advice continues to be analysed. On the basis of the progress of the analysis of the legal advice, when is it expected the Bill, which is of considerable importance, might come before the House?

The Taoiseach

I answered Deputy Durkan about this last week in saying that the legal advice received is being analysed. I will have to come back to him with a more detailed response as to when this will be finalised. I will inform Deputy Durkan when I get that.