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Dáil Éireann díospóireacht -
Wednesday, 25 Jan 2017

Vol. 936 No. 1

Questions on Promised Legislation

Today there are in excess of 493 patients on trolleys waiting for admission to our country's hospitals. I know the programme for Government is very clear on its commitment to tackle this crisis but the threat of industrial action is now looming from the Irish Nurses and Midwives Organisation, INMO, which believes that not enough is being done to recruit nurses to vacant positions in all acute hospitals throughout the country. It says there is no funded workplace plan to address the unsafe staffing levels and that these staffing deficits are compromising patient care and negatively impacting on the health and safety of nurses and midwives.

Today we have circulated an e-mail sent to the management of Tallaght hospital by the accident and emergency consultant there about the chronic situation where ambulances could not decant patients because of the overcrowding. He said the staff will do what they can in a dangerously crowded situation but unfortunately ambulances will not be able to decant patients and waiting room patients cannot be seen until capacity is found within the emergency department due to entry block. He said the entry block into the emergency department is a most dangerous consequence of overcrowding impacting on ambulances and staff and so on. There is a very real issue here in respect of quality of patient care and safety as a result of this consistent overcrowding in our accident and emergency departments.

The INMO continues to press for implementation of a range of measures to incentivise nursing recruitment and retention against the background of a 90% ballot in favour of industrial action if progress is not made. I assure Deputy Micheál Martin, the House and the public that all efforts are being made to reach an agreement with the INMO and SIPTU.

They adjourned last night under the auspices of the Workplace Relations Commission. HSE management will now revert to the INMO with detailed proposals on recruitment to take place in 2017. I note that 14 or 15 different propositions were put forward. The INMO needs to have at its disposal how that is to be funded. The Government is committed to 1,000 extra posts in 2017 as part of the programme for Government. They are fully funded and the approved posts are working within a strict public service pay bill. Obviously this is always a challenge.

The current issues refer to staffing, recruitment, and the retention of nursing and midwifery staff. They were discussed at a meeting between the parties on 12 January. The HSE, the Department of Health and the Department of Public Expenditure and Reform reverted to the INMO on 20 January with a joint proposal document setting out measures to attract and retain nursing staff. I hope this matter can continue to be dealt with.

As regards the point made by the Deputy, this is not the first time it has been raised concerning blockages into accident and emergency units and ambulances. The initiatives being taken by the Minister have had a beneficial impact in most hospitals. However, there are difficulties that arise from time to time in hospitals, as the Deputy pointed out in the case of Tallaght.

The programme for Government contains a commitment to support the long-term sustainable development of rural communities. On Monday, the Government announced its action plan for rural development but this is really a rehash. It is a compilation of previous plans, schemes and programmes. The 135,000 new jobs outside Dublin by 2020 are already contained in the programme for Government. The €60 million to be invested in 600 towns and villages over the next three years is not new money. It is actually approximately €30,000 for each town and village.

Under Fianna Fáil and Fine Gael, 139 Garda stations have been closed, many of them in rural Ireland. The Government's plan is to conditionally reopen six. The Government's new plan, therefore, is to implement its old plan. There is no commitment to keep open post offices, libraries, Garda stations, bus services, health services and other services that are essential to rural communities. The Minister has said that an implementation monitoring committee will be established but when will this happen? Who will be on it and will it produce regular reports on the plan?

Deputy Adams is being very hard. It is not a rehash.

For the first time ever, which was a demand made by Deputy Adams and others, the first senior Minister for rural affairs, Deputy Heather Humphreys, is here beside me.

Get her out on the ground.

She has drawn together all the programmes and proposals to be monitored, implemented and published on a quarterly basis.

We had a rural Minister and the Taoiseach got rid of him.

Deputy Adams will appreciate that as we work towards a post-Brexit situation, we need to be able to have a vision for rural Ireland, including the many small towns and villages throughout the country.

All over the country this is now under the aegis and monitoring direction of the Minister with responsibility for rural regeneration, so it is not just a rehash. I expect that every community will take that programme in all forms to see what is best suited to their area. Many Ministers will have responsibility for implementing elements of this but the new item, on foot of the demand made before the election, is a senior Minister with responsibility for rural regeneration. She is doing a really good job and will see that this programme is implemented.

May I ask the Taoiseach about the Government's intentions regarding amendments to the Constitution? What are the Government's plans in terms of proposing amendments to the Constitution for the next year? In the legislative programme there is a proposition to amend Article 29 to recognise the international patent court. That has been hanging around for years, although we passed the heads of the Bill in 2014. Will that go ahead and are there any other propositions to amend the Constitution in the foreseeable future?

This one has been around, as one of a number, for quite some time. The Government has not made a decision as to whether any referendums should be held this year.

The Government will consider that. Arising from the Constitutional Convention reports, there were quite a number of decisions agreed by the Government that should be held as referenda. The Citizens' Assembly is sitting now and will report before June with whatever recommendation it brings. To directly answer the Deputy's question, the Government has not made a decision in respect of any particular constitutional referendum for this year. If the decision is made, I will report it to the House.

Will the Taoiseach give a definite date for the review by the Health Products Regulatory Authority, which used to be the medicines board, of the latest policy on medicinal cannabis use in Ireland? Many people inside and outside the House are keen to get clarification on the use of medicinal cannabis. We have put through legislation. Although the Minister is not here, could we get a firm date on the review? I am sure the Taoiseach could provide such a date.

I will have to get back to Deputy Gino Kenny with an update on the review. I am not aware of the particular schedule set out by the Minister but I will advise the Deputy on it.

In the documentary "We Need to Talk about Dad" last week, RTE presenter Mr. Brendan Courtney detailed issues in caring for his father after he suffered a stroke. The Department of Health has indicated a consultation process has been launched with a view to establishing a new statutory home care scheme. Our nursing homes are full and packed to capacity. The fair deal scheme in place now should cover the costs for families that want to keep their loved ones at home. Is this something the Government will seriously consider? When will the consultation process begin and end? I thank the Taoiseach.

The Department of Health has commenced examination of options to bring a greater consistency, nationally, to the regulation and financing of home care, which is a very important and sensitive issue, as the Deputy noted. It is considered that the best option for the future might well be a statutory home care scheme but not to have regulations and rulings governing the informal care given by families in their own homes. This scheme would be somewhat similar to the nursing home support scheme but it would be more specifically designed for the home care market. That is under way.

Establishing what kind of scheme would work is a complicated process. The Department will build on the success of the fair deal scheme but we cannot simply copy it or integrate it into a home care scheme. The Deputy is aware of the number of primary centres and homes being built in various locations around the country. There will be a public consultation process over the coming months to be launched by the Minister of State, Deputy McEntee.

Tá sé leagtha amach i gCaibidil 6 den Pholasaí don Oideachas Gaeltachta 2017-2022, faoin teideal "Cur i bhfeidhm an Pholasaí don Oideachas Gaeltachta", go mbeidh foireann speisialta earcaithe le haghaidh aonad nua sa Roinn Oideachais agus Scileanna. Cá bhfuil an t-aonad sin? An bhfuil sé in áit? Cad é líon na foirne atá ann? Gheall an t-oifigeach is airde sa Roinn go mbeadh an t-aonad nua bunaithe roimh an Nollaig.

Níl sé in áit faoi láthair. Tá obair ar siúl sa Roinn faoin aonad. Cuirfidh mé scéal chuig an Teachta faoin obair atá déanta ag an bpointe seo. Tá a fhios aici gur nochtaíodh agus gur foilsíodh polasaí i leith oideachais sna scoileanna Ghaeltachta - an chéad pholasaí den tsórt sin ó bunaíodh an Stát - ós rud é go raibh laghdú mór tagtha ar líon na ndaoine a labhraíonn an Ghaeilge go laethúil. Cuirfidh mé an scéal sin chuig an Teachta.

Earlier this month, the Minister for Social Protection announced that the Government would examine measures to increase the retirement age or give flexibility in going beyond the mandatory retirement age of 65 in both the private and public sector. There are many people who may be 64 and who, later this year or early next year, would face this choice about continuing to work. What is the timeline for the introduction of legislative or other changes where we might seek to introduce greater flexibility? Will the Taoiseach give some hope to those who are due to retire at the age of 65 in the latter part of this year that measures might be in place allowing them to continue to work? Everyone in the House would agree it would be a better and more flexible system for everybody.

I will ask the Minister for Social Protection, Deputy Varadkar, to give Deputy Ryan an update on that.

First, it is important to say there is no statutory retirement age in Ireland. No one is required to retire at any particular age in Ireland. However, some people have employment contracts that require them to retire earlier than they might like to. Often, the requirement is at 65 years of age. That requirement is no longer aligned with the pension age, which is 66 years of age.

In the private sector, employment equality legislation is already in place to allow people to challenge attempts by the employer to require them to retire at 65 years, rather than 66 years. The Workplace Relations Commission is drawing up a code of conduct around that. It will be legally enforceable and legally binding. That should be concluded in the coming months. The law may well already be in place but we need a code of conduct to ensure the law is acted on and is made manifest in the workplace.

The public sector is slightly different because it is governed by statute. I met the Minister for Public Expenditure and Reform, Deputy Donohoe, last week. This is one of the issues that the Minister and his Department expect to talk to the unions about in the context of the negotiations in and around the extension or replacement of the Lansdowne Road agreement this year.

Last October, the Taoiseach announced that the Government had agreed in principle to the establishment of a commission of investigation into NAMA's loan sale of assets in the North of Ireland known as Project Eagle. Four months have passed and we have heard nothing from the Government. Can the Taoiseach outline when that will happen? When will the terms of reference of such a commission of investigation be put in place? Serious allegations of corruption have been made and they have been accepted by the Taoiseach and the Government. Will the Taoiseach please outline to the House when the Dáil or the Oireachtas will receive the terms of reference necessary to get to the truth of what happened with this loan sale?

I met the party leaders back in September with a view to hearing their views on the issues of public concern that require further investigation in respect of NAMA's sale of Project Eagle. Subsequent to the meeting I received several submissions from party leaders on the matter.

I met the party leaders again on 4 October last year. It was agreed in principle to establish a commission of investigation under the Act of 2004 to investigate matters of significant public importance relating to NAMA. It will be based on terms of reference providing for the sale of Project Eagle to be investigated in the first module.

At those meetings the party leaders all acknowledged there would be significant limitations on the work of the commission given the location of potential witnesses and documentation outside the jurisdiction, ongoing criminal investigations and the likely cost of such a commission of investigation.

During the autumn and subsequent to those meetings, the Committee of Public Accounts held extensive hearings relating to the report of the Comptroller and Auditor General. The committee has heard from many key witnesses, as well as from representatives of NAMA on several occasions. I understand the Committee of Public Accounts hopes to produce a report on the matter shortly. I believe it is sensible to wait to receive that report and to consider its findings before moving on to the setting up of the commission as agreed.

The Committee of Public Accounts does not deal with these issues, as the Taoiseach well knows.

I wish to go back to a question asked earlier. The Taoiseach mentioned the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Heather Humphreys. She was in Ballymahon on Monday. It was like hearing Big Tom because of the way she talked about the four roads going everywhere. She said the roads would go to Edgeworthstown, Cavan, 'blaney and everywhere else.

I was talking about Castleblayney.

I know that. Roscommon was mentioned as well. The Minister was going to be driving to all those places in smart cars, from what I heard.

What legislation does this relate to?

It relates to legislative promises. I have fought hard, along with many others, to get the rejuvenation of rural Ireland in the programme for Government. The allocation of €20 million per year for three years will not buy postage stamps for the applications.

In 2009 we had the White Paper on rural development. In 2012 the Commission for the Economic Development of Rural Areas was set up. Mr. Spillane and others did great work, but this is a talking shop. The Minister, Deputy Humphreys, needs to get out. I wish her well; I wish her nothing but the best. My family in Monaghan are keeping an eye on her as well and report back to me. The Minister needs to get her wellies on and get out into rural communities to see what is going on. We do not need reports, speeches or announcements about smart cars going on four roads to Ballymahon.

A question, please, Deputy.

In the talks, I asked for a reduction in the rate of VAT on buildings in town centres. We should wipe out the VAT for people for redevelopment. We should do the same with council charges. Will the Minister ask the county councils to stop the enormous charges for change of use?

These two actions can be done with the stroke of a pen. Then, the Minister, Deputy Humphreys, can go down whatever roads she likes in whatever manner she likes. The Government should let the people do the work - they are willing to do it.

I am glad Deputy McGrath referred to one of the finest sons of Castleblayney.

I will ask the Minister, Deputy Humphreys, to give the Deputy the up-to-date detail without singing "Four Roads to Glenamaddy".

Give her the money.

She will tell the Deputy about and I ask him to listen carefully.

There is a cross-Government approach to this. Every Minister and Department is focused on rural Ireland. It is about working together and investing in rural areas. The €60 million to which the Deputy refers is focused on regenerating towns and villages. There are many communities across the country that have good ideas on how best they can improve their towns and villages. We are going to work with local communities. This is a bottom-up approach.

Paint the windows.

It is about asking them to come forward with the suggestions. We want to support them and help them. That is only one aspect of it. For example, there is €50 million for sports capital grants and rural regeneration, there is investment in blueways and greenways and there is investment-----

Stop, stop, stop.

-----in 18 new primary care units. There is a lot of investment in the plan-----

I am sorry I asked at all. The Minister is doing the chorus.

The Deputy should read the plan. Regarding the rates-----

I thank the Minister.

The Deputy is getting the facts.

In the programme for Government discussions, the Rural Independent Group fought for an increase for workers on the rural social scheme. In the budget, the Government delivered 500 extra part-time jobs for rural Ireland, which was all good news for low-income farmers and fishermen. However, it looks like the devil is in the detail. When the jobs were allocated last Friday, County Cork - the largest county in Ireland in terms of geographic area and the second-largest by population - ended up with just 39 out of the 500 workers. How did Cork, with a population of more than 500,000, get only half the allocation for Mayo which, with a population of 130,000, ended up with 79 workers?

Farmers and fishermen in west Cork are struggling badly. I attended an Irish Creamery Milk Suppliers Association, ICMSA, meeting in Clonakilty the other night.

Where is the Minister of State, Deputy Ring?

A man stood up and said that, after taking everything into account, he is earning €2 an hour. I tried to steer him in the direction of the rural social scheme. How foolish I was, because in the area of west Cork, from Macroom right down across in Bandon, out to Castletownbere and the Mizen Head and all in between, there are only 11 extra workers. For the fisherman and the farmers of west Cork who are struggling-----

The Deputy's time is up.

-----I ask the Taoiseach to answer me. How are these figures totted up? Real questions hang over the credibility of the entire process.

They are great people in a great area down there in west Cork. The Minister for Social Protection, Deputy Varadkar, will answer the question for the Deputy.

He is not in Mayo.

I am happy to answer that for the Deputy. He is right to point out that there have been more additional places in Mayo than in Cork and that Cork has a much higher population than Mayo. Of course, Dublin has a higher population than Cork. There are more than 1 million people in Dublin and I allocated no additional places to the rural social scheme in Dublin

Answer the question.

Even that is-----

Can we have order?

Let me finish. If the Deputy wants the answer to the question, he may need to listen because it is not based on population. In order to qualify for the rural social scheme, an applicant must be in receipt of farm assist or fish assist. We took the number of people who are on farm assist or fish assist across the country and broke down the percentage proportionately on that basis. As the Deputy knows, down the west coast of Ireland, in particular, there are very high numbers of people on farm assist and fish assist. Therefore, the biggest increases went proportionately to those places.

There are no farmers or fishermen in Dublin.

That is why they got none.

Can we have order, please? I call Deputy Eugene Murphy.

In the programme for Government, we were promised rural renewal, extra jobs and legislation. In Ballymahon, in recent days, we were told that this was going to be rolled out by the Government. There are a lot of views on that programme as to what it will deliver, but I have a lot of doubts about it. Right in the middle of that, there has been the revaluation of property. That revaluation of property is going to hit every county over the coming weeks, months and years. At the moment, the counties of Roscommon and Galway have had their properties revalued.

What legislation is the Deputy referring to?

Like every other question that has been asked, it is legislation from the programme for Government. I wish to give the breakdown on Roscommon because it is important. A total of 44% of businesses will see a reduction in their rates, 12% will remain unchanged and 44% will see an increase. I wish to give some of the figures. One businessman in Cortober in Carrick-on-Shannon will see his rates go from €44,000 to more than €130,000. There is another man who is paying rates of €15,000 or €16,000 at present. They are going to rise to €50,000. A tsunami is going to hit this Government in the coming months and it is not prepared for it. Small business people are livid about this and the Government must get involved.

For example, some of these people were going to create extra jobs but tell me that now they will not. Will the Taoiseach give me any comfort today for those people who are absolutely out of their minds with regard to the revaluation of their property?

I expect that Ballymahon, after the visit of many Ministers, will respond now to the incoming investment of Center Parcs in bringing some 1,000 jobs to that locality. I expect all the towns and villages around there will avail of the programme to increase their attraction as a location for hospitality, tourism and investment. The Deputy raises an important point. Government devolved responsibility for rates to local authority members. They have the option of increasing or reducing those rates by 15% depending on the authorities' programmes. Many have reduced or frozen the rates. Obviously, the issue of an increase in rates being given by the independent Valuation Office is one that can be appealed. The Minister, Deputy Coveney, is working with the local authorities to see whether it is possible to introduce a rates' alleviation scheme. Members in commercial business who have received an increase in rates can avail of the appeals procedure and the Minister will make his decision in respect of the possibility of a rates' alleviation scheme.

I wish to ask the Taoiseach or the Minister for Agriculture, Food and the Marine, Deputy Creed, for a clear explanation as to why up to 10,000 of 38,000 farmers in the green, low-carbon, agri-environment scheme, GLAS, are still waiting on their payments. Why is this? It is a real failure on the Minister's and the Department's behalf. Will the Minister also give a clear explanation and outline when the farmers will get paid? The Minister knows it is a breach of the farmers' charter. They were due to be paid in December. The average payment is €4,500 and farm families who were expecting this in advance of Christmas have been put in a very difficult position because they still do not have it.

I will ask the Minister for Agriculture, Food and the Marine, Deputy Creed to answer that.

I thank Deputy McConalogue for raising this issue. It has also been raised by speakers on other days. I appreciate the anxiety it is causing. GLAS is one of the most successful schemes in the compendium of schemes operated by the Department. It has 38,000 beneficiaries. We opened the scheme recently so the figure is now in excess of 50,000. We have a difficulty. There are in the region of 10,000 applications still awaiting payment of the initial 85%. I met this morning senior officials in my Department on the IT and administration side. I am satisfied it is not a resource issue. There are a cohort of payments that we are working through as quickly as possible and we hope to make a further tranche of payments this week. I am assured that all the necessary resources required in IT and administrative staff are available. We are working to try to clear this backlog as quickly as possible.

I want to ask about progress on the new commercial rates Bill. The Taoiseach will be aware that many local businesses in County Leitrim, and other counties, have begun to receive their new rates valuations. Unfortunately, and despite the best efforts of the Government to try to help to revive rural Ireland from the effects of the recession, the level of rate increases that have issued is going to have a severely damaging effect on rural businesses that are already struggling to stay open. I would like to know the timeframe on the commercial rates Bill.

As I said to Deputy Eugene Murphy, people who receive an increased assessment for valuation are entitled to appeal that. The Minister is looking at the possibility of rates alleviation. The heads of the Bill are being prepared but I cannot give Deputy McLoughlin an accurate time as to when it is going to come forward to the Ceann Comhairle.

Will the Taoiseach give a date for when children in receipt of domiciliary allowance will receive their medical cards? This has been going on for a long time and I have parents in my constituency of Cork South-West who are now wondering, as are parents throughout the State, if they should apply for a medical card in the normal way or wait for what was promised in the budget.

There will be legislation on that but it has not gone through yet. It will have to go through before the cards can issue. I will advise Deputy Murphy O'Mahony as to what the time schedule looks like at the moment.

I understand that Cabinet yesterday approved the affordable child care scheme Bill. Can I get clarity as to whether this approval was the full Bill or just the heads of the Bill? The Minister for Children and Youth Affairs, Deputy Zappone, has indicated that she wants to introduce the scheme next September. That is a very tight timeframe for proper pre-legislative scrutiny and discussion with stakeholders, so the Bill will need to be published as soon as possible. Perhaps the Taoiseach will clarify this.

I agree it is a very tight schedule. The heads of the Bill were approved yesterday and must now go through pre-legislative scrutiny. It is intended, if everybody can co-operate to that end, that the single payment system will be introduced in September. The Minister, Deputy Zappone, is anxious to engage as constructively and expeditiously as possible with Members to advance the legislation.

In recent weeks, the Department of Agriculture, Food and the Marine has been conducting a study into the operation of the various veterinary laboratories throughout the country. There are five regional veterinary laboratories in the country in Sligo, Kilkenny, Limerick, Cork and Athlone. In addition, there are three dairy science laboratories, as well as the central laboratory complex at Backweston in Celbridge. One of the proposals from the Department is that all veterinary laboratory services be based in Backweston. Such a move would fly in the face of what we have heard this week about efforts by the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, Deputy Heather Humphreys, and others to retain jobs in rural areas. There are serious concerns in the farming community, given our difficulties with foot and mouth and other diseases, at the prospect of moving animals for veterinary examination to one central point. The view is that the current system works well and is not broken. We must ensure the regional laboratories remain in operation.

I ask the Minister for Agriculture, Food and the Marine to respond.

I thank Deputy Kenny for raising this matter. I appreciate the concerns that are being stoked up about these developments, but they are largely unnecessary. What is happening arises from an independent review conducted by the Department to ascertain the optimum structure for the laboratory service bearing in mind its obligation to serve rural communities, the requirements of the staff employed therein and the importance of the service in underpinning the export industry, which generates so much valuable employment both inside and outside the farm gate. A consultation phase is under way with staff and no decisions have yet been taken. The review posits a series of options, one of which is the centralisation option. I offer the Deputy a categorical assurance that there will be no diminution of service to the farming community and no decisions will be taken without consultation with all stakeholders, including staff.

Last night the House debated a Sinn Féin motion on the tracker mortgage scandal, with strong words coming from Members on all sides of the House condemning the banks' activities. Is it the Government's intention to bring forward legislation to beef up our laws to deal with white collar crime? In 2010, the Office of the Director of Corporate Enforcement made a submission to the Department of Justice and Equality seeking such a strengthening of the laws. Some of its recommendations have not been enacted. As I noted last night, the former Financial Regulator told the Committee of Public Accounts that our laws are inadequate to hold individuals accountable. As recently as last year, the Law Reform Commission published an issues paper on white collar crime setting out a number of recommendations. Will the Government send a clear signal to bankers and others who are involved in white collar crime that their day is over and we will be beefing up our legislation to deal with such activities?

I am sure the Minister for Finance has engaged with the Deputy on the Private Members' motion he tabled. The Finance Act 2016 introduced regulations in respect of section 110 of the Taxes Consolidation Act 1997 whereby the use of profit-participating loans are restricted where they are used by qualifying companies relating to Irish property transactions. On the question of additional legislation, I will get back to the Deputy with whatever strategy the Minister for Finance is setting out.

The time has expired. I apologise to the Deputies I did not reach.

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