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Dáil Éireann díospóireacht -
Wednesday, 28 Jun 2017

Vol. 956 No. 1

Questions on Promised Legislation

In moving on to questions on promised legislation, I implore Members to keep to one minute for one question.

With regard to the public service pay element of the programme for Government, the Taoiseach will no doubt be aware that employees of section 38 and 39 organisations, the organisations which provide a range of health and disability services and hospice care throughout the country, are still awaiting the most recent interim pay increases. The Minister said yesterday in the Seanad that these people were not public servants.

There is an extraordinary cop-out going on. I put it to the Taoiseach that he cannot get away with saying to these organisations that while we have these national pay agreements, they must find the money within their existing resources and that no additional allocation is made through the HSE to these bodies. Services will be cut as a result or there will be unnecessary industrial action. I am talking about a range of disability organisations throughout the country. The public would generally be shocked that people working in our hospices and disability organisations are now treated in a separate zone from public servants. It is wrong and the Government should change its tack on it.

The fundamental difference, of course, between people who work for section 38 bodies and section 39 bodies is that people who work for section 38 bodies are public servants. They are employees of something that is recognised as a public body, whereas people who work for section 39 organisations are not employees of the State, but employees of NGOs, charities, religious orders and sometimes even companies. Therefore, their terms and conditions differ from those who are public servants. For example, in the main, they do not have public service pensions, so they are not public servants.

Those NGOs, charities and companies are funded by a block grant and it is up to that body to pay its staff and provide the services out of the total grant it is given. We certainly will not stand over any body - a charity or an NGO - that has had its budget increased, cutting back on services. If that happens they will be called out over it.

That is just a cop-out. It is not an honest response. Come on.

In March 2015, six houses at Milford Manor, Newbridge, County Kildare, were destroyed by fire in less than an hour. A subsequent engineer's report commissioned by the residents detailed serious shortfalls in building and fire safety standards. In the aftermath, the then Minister, Deputy Kelly, announced that an independent review would be undertaken to support owners and residents living in developments where there is non-compliance with fire safety requirements.

Last week, the Minister for Housing, Planning, Community and Local Government, Deputy Eoghan Murphy, confirmed in reply to a parliamentary question from an Teachta Ó Broin that an independent fire safety expert has completed his review and that a report on the matter has been received by the Department. If this independent report is ready, why is the Department of Housing, Planning, Community and Local Government sitting on its content? In the aftermath of the tragic fire in Grenfell Tower, the public has a right to know if this State's building standards and fire compliance regime are up to scratch. When will this report be published?

The Minister, Deputy Eoghan Murphy, spoke about this on the radio this morning. I am not sure if the Deputy had a chance to listen to his comprehensive interview. He indicated that the report is now in the Office of the Attorney General because, obviously, the Attorney General has to review it and potentially redact it before it can be published. Therefore there is not date for publication at this stage. Certainly the Minister would like to publish it as soon as it is possible to do so.

Yesterday, the Taoiseach told the House how a decision of the HSE was devoid of common sense and humanity. He also spoke about the commitment in the programme for Government to greatly expand home care packages. Since March of this year, I have been raising the case of a constituent, Mr. Jonathan Leech. Mr. Leech had a fall in October 2016 and the HSE has acknowledged that since then he has been unable to carry out independent daily activities. He requires an intensive home care package to support him. The Centre for Independent Living has made clear that it is in a position to provide that. Those hours - 90 hours - have been approved by the HSE, but no funding is available. As a result Mr. Leech is stuck in the intensive care section of the National Rehabilitation Hospital. Obviously the economics of that makes no sense. My efforts to raise the case and bring it to a sensible solution, as in the case we discussed yesterday, have come to nought. I understand that the HSE has received letters from the Minister, Deputy Harris, and the Minister of State, Deputy Finian McGrath. My question is simple. Is it only through national media that these matters are resolved or will the Government address this case too?

I do not have any information on that individual case and I do not have access to individual patient information, nor should I really. If the Deputy wants to pass on details to me or the Minister, Deputy Harris, I will make the necessary inquiries.

This morning at the Dáil reform committee, I raised a question on the status of motions passed in this House. This time last year a motion on bin charges tabled by the Government and supported by Fianna Fáil was passed. At least five measures in that motion have not been implemented. However, today privatised waste collection companies, practically all of which are registered offshore so we have no idea what profits they make, are being given carte blanche to raise waste collection charges while none of the measures the Government proposed have been implemented. They include an intensive awareness campaign to promote pay by weight, to support users in order that they can identify the best charges and to publish due lists. None of that has happened and yet the Government is giving carte blanche to these companies.

This morning the Minister, Deputy Naughten, said that we had no control over them, by which he meant the bin cartel of waste management companies which consistently lobby the Government to leave them alone and let them do what they like. The people who will pay the most are the poorest and the most vulnerable.

I thank the Deputy.

Will the Government ensure that a Government motion passed with the support of Fianna Fáil is actually implemented or does this House mean what it says?

We raised this issue yesterday during questions to the Minister. The problem is that the Government has now distanced itself by stating that the industry will charge as it sees fit and that the Government is not playing an active part in that. That is a significant change on what has gone on over the previous 12 months when it entered an agreement. It was based on the actions of the previous Minister, which proposed a minimum charge per kilogram of waste. The industry was going to put up prices significantly and an agreement was put in place for a temporary price freeze. That is now gone and people have every right to be concerned about what is going to happen because it was visited on them this time last year. It is not sufficient to walk away and say that we are not in a position to interfere. The Government must take an active role to ensure any future price increases are manageable and modest and not the prices that were presented to us this time last year.

Motions are the opinions and views of the House, as voted by the House, but, obviously, are not legislation. There are 67 firms operating in this market, which is very competitive. The Deputies will be aware that some people in some parts of the country are having their bins collected at very low prices, paying an annual charge which may be below cost, which is not sustainable.

In the past many local authorities provided the services themselves. However, as a result of campaigns encouraging people not to pay waste collection charges, local authorities -----

---- exited that market.

The Government has always wanted to privatise it and opened the incinerator.

Please, Deputy, let the Taoiseach respond.

Deputy Bríd Smith and her colleagues drove local authorities out of bin collection.

In response to Deputy Curran, the Government is taking a number of measures, as I mentioned earlier. One of the mitigation measures being put in place is a €75 grant to people who have a long-term illness that necessitates them producing additional waste, particularly incontinence pads etc. There will be a public information campaign in place. Officers have already been appointed who will provide information on how people can reduce the amount of waste they produce by recycling, reusing and composting. All those things will help people to reduce their waste collection charges.

In addition all waste collectors will be required to phase in the brown bin in all communities with a population of more than 500 people. That will assist people enormously to reduce the amount of waste they produce and therefore reduce the cost.

The Taoiseach should go back and read the Government motion.

Deputy, please-----

Today's edition of The Kerryman has reported that parents of children attending St. Francis special school in Beaufort are appealing to the HSE to provide the school with five-day nursing services. Students with profound special needs are being forced to miss days each week at this school.

That is not promised legislation.

It is. I have checked it. It relates to the commitment in the programme for Government to people with special needs. The HSE is only providing St. Francis special school with general nursing hours on a three-day-a-week basis. Many of the school's students suffer with serious physical conditions that require full-time medical assistance, but general nursing hours are provided only on Mondays, Wednesdays and Fridays. It is leading to deep stress among parents who are fearful for their children's welfare in the event of a medical emergency.

I am sorry but I do not have any information on that particular school but I will ask the Minister for Health to contact the Deputy directly.

Maidir le Bille na dTeangacha Oifigiúla, chuireamar go léir fáilte chroíúil roimh an scéim ghinearálta agus dréacht chinn an Bhille. Céim dhearfach amach is amach is ea an chéim sin. Tá ceist shonrach agam, áfach. Cén uair a bheidh an Bille ag teacht os ár gcomhair? Tá práinn leis an reachtaíocht sin. Scála ama atá i gceist. An féidir a rá liom cén scála ama atá i gceist?

The drafters are currently working on the new Irish language Act but we do not at present have a date for publication.

Déanaim comhghairdeas leis an Taoiseach. Tá súil agam go mbeidh sé ag obair go crua ar son daoine na tíre seo. I wish to refer to the clear commitment in the programme for Government to reopen six Garda stations. It is said that two out of three is not bad but one out of six is very poor. The Taoiseach should not get me wrong in terms of what I will say next. I love my capital city. I love Dublin and I have lots of friends here, but the one thing I want for my people in Roscommon is equality with Stepaside. Therefore, I ask the Taoiseach to reopen the Garda station in Tarmonbarry, County Roscommon. It should never have been closed. The village is located on the River Shannon and it is on a national primary route. The area has had a significant population increase of 30% in the past 15 years. The Garda station should be reopened. When will that happen? It is included in the commitments as one of the six pilot Garda stations to be reopened.

The commitment was to open six Garda stations in urban and rural areas as part of a pilot scheme to see whether the reopening of the stations has an impact on crime levels in those areas. However, the Government is not going to make a decision on which ones are opened and which are not.

What about Stepaside?

That is an operational matter for the Garda authorities and the Commissioner.

Much has been said about the provision of housing but there are blockages caused by the Department. In the context of grant aid for the elderly, the age was increased to 66 years when, previously, people in their 50s were considered eligible to apply. People are presenting now but there is no grant to cover them. If one is 50 years of age or over, it is unlikely that one will get a job if one is unemployed so the age criteria need to be reduced.

The improvement works in lieu grant is really a loan rather than a grant. That is not working because one of the stipulations is that in order to be considered for it, the walls of a house have to be built with cavity blocks. If one has a house with cavity walls, that is fine but the walls that need to be addressed are old stone walls. The grant must be expanded to allow people with old stone walls to qualify for the improvement works in lieu grant.

That sounds like a Topical Issue. I call on the Taoiseach to reply.

What happens to these people is that if they cannot get the schemes to work for them, they go on the council housing list and add to the numbers on it.

The Deputy is correct.

I do not believe any legislation is promised in this area but I will mention the matter to the Minister for Housing, Planning and Local Government and ask him to contact the Deputy directly in respect of it.

There is a reference on page 66 of the programme for Government to building further capacity in child and adolescent mental health services, CAMHS. On page 75 there is a reference to "Prioritising the Early Years" and on page 80 to "Giving Vulnerable Young People the Best Chance in Life". I put it to the Taoiseach that so far the programme for Government has been an abject failure in the context of CAMHS. As a trained physician himself, what is the Taoiseach going to do to meet the very reasonable demands of the Enough is Enough national campaign? I speak on behalf of Deputy Scanlon and myself - I am sure Deputy Martin Kenny would agree - in saying that Sligo represents a case in point given that there are some 400 children on a waiting list, many for years, and that 87 of them are in serious need of help. Up to recently, they have only had the benefit of the goodwill of a retired psychiatrist who returned to give 20 hours in order to see the urgent cases. We gather that a locum has been put in place recently for a longer period. Will the Taoiseach take action in respect of this matter and, if necessary, use the €15 billion that still has not been touched in terms of the National Treatment Purchase Fund in order to look after those most vulnerable children in society? In raising this matter, it would be remiss of me not to acknowledge the presence in the Gallery of members of the Enough is Enough campaign from around the country, including Councillor Healy and others from the north west.

Currently, 68% of children referred to CAMHS are seen within 12 weeks and cases that are assessed by CAMHS professionals as being urgent are seen as a matter of priority over those that are assessed as being routine.

With respect, perhaps that is the case in Castleknock but it is not the case in the north west.

The Deputy should please not interrupt.

We cannot hide behind statistics. The reality is that 400 children have been left waiting.

Deputy MacSharry is taking up time that should be available to other Deputies.

If the question is a local issue and not one relating to promised legislation, I suggest-----

It is a national issue. The people in Sligo are citizens of this country. It is not just a local issue.

I thank the Taoiseach. Deputy MacSharry should please not interrupt.

If it is a national issue, I am happy to give the national answer. If, however, I am interrupted with a local issue, I do not see how I can answer that.

The Taoiseach cannot stand the heat. He wanted the job; what is he going to do now that he has it?

I remind the House that not too long ago Fianna Fáil voted against the provision of €37.5 million in funding.

I wish to ask the Taoiseach about the commitment in the programme for Government to improve the uniformity, effectiveness and timelines of support services to families and communities bereaved by suicide. Last week, UNICEF published a damning international report on child well-being, which revealed that the teenage suicide rate in this State is the fourth highest in the EU and OECD region. It also found that we had an above-average international suicide rate of 10.3 per 100,000 of population in the 15 to 19 years age group between 2008 and 2013. It is also a fact that youth mental health staff numbers are at half the recommended HSE level. That is a shocking indictment of the failure of successive Governments to tackle suicide, especially among young people. Clearly, the Government is not meeting its programme for Government commitments. Will the Taoiseach now commit to the provision of fully-staffed and adequately-funded mental health services? Will the Government ensure there is a significant increase in mental health funding in budget 2018 when it is published during the recess?

The Government is very committed to improving the services that we provide to people with mental health difficulties, with a particular focus on reducing the number of people who very sadly take their lives. Since 2012, for example, the year after my party came to office, the budget for mental health was increased by €140 million. This year, funding for mental health will increase from €826 million to €853 million.

The recent UNICEF report shows that Ireland is fourth highest in terms of youth suicide, which is a matter of enormous concern to the Government, and to everyone in society. That is based on 2010 figures. It is important to point out that funding for suicide prevention has been increased substantially since then. In fact, it was more than doubled from €4 million when the party I lead came to office and currently stands at €11 million. Based on more recent figures from 2014 , Ireland is now below the EU average for young suicides. Of course, we want to do much better than be below average - we want to be much better than that again.

There is a gap.

I congratulate the Taoiseach on his elevation to the office he currently holds. I wish him well in his new role. As he is aware, I introduced the Local Government Reform (Amendment) (Directly Elected Mayor of Dublin) Bill 2016 on behalf of my party last autumn and it met with much support in the House. Both Deputy Eamon Ryan and I agreed to park our two Bills at that time at the request of the Minister, Deputy Coveney, who committed to come back with solid proposals by the end of this month. Deputy Eamon Ryan raised the matter with the Taoiseach yesterday and the response, which was that no legislation is planned or on the books, is disappointing. What is even more disappointing is a comment the Taoiseach made on the issue. During the debate on the matter last year, we discussed the difficulty of having a super-mayor over the four Dublin local authorities. What he said contrasts greatly with the comments he made to the Dublin Chamber of Commerce in December 2016 when he said, "Many of you will know that I am a passionate advocate for a single mayor and stronger local government for Dublin." That raises a number of issues. Will the Taoiseach commit to allowing Dublin people to decide for themselves by a vote in a plebiscite whether they want a mayor for their capital?

The Deputy is over time.

I am sure the Taoiseach will agree that it is the modern way.

I am very glad the Deputy read my speech to the Dublin Chamber of Commerce. I am disappointed he did not read it in full because-----

I did read it in full.

-----the model I proposed for Dublin was more like the London model, which is a single authority for Dublin City Council with a strong executive mayor, and below that a large number of borough councils similar to London representing areas that people associate with, such as Lucan, Blanchardstown, Malahide, Castleknock or Tallaght. With regard to the legislation I will ask the Minister of State, Deputy Phelan, to reply to the question.

Just one year ago the Labour Party's Education (Admission to Schools) Bill was put into one year of cold storage by the Government because the Government did not want to address the issue of children who, if they have not been baptised, are frequently denied admission to their own local schools in favour of children from outside the area who may be of the appropriate religion. The Labour Party Bill goes on to Committee Stage today as the one year of cold storage is over. The Taoiseach puts himself forward as a modern and modernising Taoiseach. Is he really in favour of children not being able to go to local schools, including in areas of high demand, because the parents have not had their children baptised? He knows and I know from the area we both represent that some parents absolutely feel it is essential to baptise their children in order to secure a local school place.

I thank the Deputy. She will allow us to discuss the issue.

Does the Taoiseach propose to stand over this situation and to continue to allow his Government and its supporters-----

I thank the Deputy.

-----actually to refuse to make this essential change for a modern Ireland?

The Minister for Education and Skills, Deputy Richard Bruton, will be at the Committee Stage today and based on my-----

The Minister, Deputy Bruton, is refusing to do anything about it.

Will Deputy Burton please allow the Taoiseach to answer?

There is a real issue in the House where people do not want to hear the answer to a question, even interrupting in the first sentence of a reply. I can understand being interrupted after three or four sentences, but when one is interrupted halfway through the first sentence, it indicates that the Deputy who has asked the question does not want an answer. I shall give an answer. The Minister, Deputy Bruton, will be before the Select Committee on Education and Skills where he will indicate a policy on behalf of the Government that we should end the practice of children being denied entry to schools based on their religion. There will need to be safeguards put in place to protect the ethos of minority schools. He will outline today how we believe that can be done.

Is a five-year transition period modern and new?

I wish to ask the Taoiseach about the status of the commercial rates Bill. When does he believe it will be brought to the Chamber for discussion?

I thank Deputy Carey for raising this important issue. I know the impact of commercial rates on many towns and villages is very severe. It is creating huge difficulties for businesses, particularly in main streets. The heads of that Bill were cleared by the Cabinet in April and it is currently being drafted. We hope it will be published by the end of this calendar year.

If the other Deputies are quick we will get through everyone.

As the Taoiseach is aware, on 1 June the Oireachtas Joint Committee on Social Protection issued a report on the proposed changes for the restructuring of the Money Advice and Budgeting Service, MABS, and Citizens Information. This report was presented to the Taoiseach when he was the Minister for Social Protection, before it was actually published on 1 June. We are at the end of June and there has been no response from the Government on the serious changes and restructuring proposals that are totally opposed by MABS and Citizens Information. It is being rolled out by the Citizens Information Board but unfortunately there has been no input from the Government. I received a response today from the chairman of the Citizens Information Board which has said that it pays no heed whatsoever to the serious findings and recommendations in the report from the Oireachtas Joint Committee for Social Protection and that it is ploughing ahead with the restructuring and the regionalisation of the service. It is up to the Government, and the Government has the power. It seems the Citizens Information Board does not care. It is up to the Government now to use the powers under section 9 of the Citizens Information Act 2007 to stop the restructuring of the service which is going to drive it into the ground and destroy a very good and essential service that is working right across the State. What is the Taoiseach going to do? Is he going to act on the report that he has sat on for a number of weeks? What is he going to do and will he use the powers that he has?

There is no legislation promised on this matter and it does not feature in the programme for Government. The Attorney General has advised the Government that such a power does not exist.

That is not true and the Taoiseach knows it. He has the power. It was used previously to stop the regionalisation of MABS.

In 2016 alone the total amount of horses that were seized, reclaimed, re-homed or indeed euthanised in the State was an astonishing 1,741. There were 129 horses seized in Tipperary and 122 of them had to be put down. I have it from one constituent who works in animal rescue that they paid €1,000 to treat a horse after it was seized, and there are many cases such as this. The Department of Agriculture, Food and the Marine is now insisting that the horse be returned to the owner because he has produced the horse's passport. The issue of sulky racing and the abuse of animals and horses in Tipperary, and other areas, is appalling. Last Sunday the county was overrun with gangs. The gardaí were trying to keep up with them on roads that are unsafe-----

To which promised legislation is the Deputy referring?

The Horse and Greyhound Racing Act. This is a crazy situation of cruelty and the frightening intimidation of people. When animal rescuers are trying to do voluntary work they are not being supported. The Department will not stand up to these gangs. Imagine insisting that a sick horse should be returned to the people who abused it.

Will there be any amendments to the Horse and Greyhound Racing Act?

I am advised that there are no amendments proposed to that legislation.

I wish to ask the Taoiseach about the issue of respite services, especially in the north west. I know the Taoiseach has answered questions previously from Deputy MacSharry around Child and Adolescent Mental Health Services, CAMHS, which is a similar service, but there are issues with both of them. There are people in the Gallery who have met the Minister of State, Deputy Finian McGrath, about it. While we can quote summary statistics from across the country the reality is that in many areas families are not getting a service. We have people in Sligo and the north west who have not had respite for more than one year. Will the Taoiseach ensure that adequate provision is put in place? We need to see more resources put in to these blackspots. There are a couple of blackspots around the State, and Kerry is another area that has a problem in this regard. In Sligo, the Solis centre has been closed and put as residential care, where it was a purpose built respite service. Will the Taoiseach ensure it can be re-opened and that decision reversed?

With regard to respite services, in Sligo we had a state-of-the-art centre built at a cost of €1.35 million six years' ago and specifically built for that purpose. It has been closed and I understand it is going to be used for decongregation. This is very unfair to the service users who were using the centre. They now must travel a 320 km round trip to Carrickmacross in County Monaghan. It is absolutely outrageous for anybody who needs respite services in Sligo to be forced into that situation. It is wrong. I agree with Deputy Kenny that the centre in Sligo that was specifically built for respite should be re-opened again for the people of the north west.

In 2018 additional resources will be provided for respite care. It is of enormous importance that family carers in particular are able to take a break and avail of respite. Even though the carers' support grant has been fully restored, many people cannot avail of respite because of the difficulties in supplying it in many parts of the State. Obviously, if that funding is increased it will be a matter for the HSE, not me, to decide how to allocate it around the country. This is perhaps something that could be best directed to the Minister for Health, Deputy Harris.

There are three Deputies offering. I shall call them together and then we will take the reply. I ask each to be brief.

Page 41 of the programme for Government relates to the regional action plan for jobs. In my area of Limerick there is a job vacancy rate of 4.47 which equates to the similar rate in Dublin. This is very welcome with an unemployment rate down to 6%. In parts of the county, however, there are economic blackspots in particular sections. Does the Government have any proposals for trying to marry or transition this, to alleviate this vacancy and offset it against the economic blackspots? If not, will the Government consider such an approach?

I want to ask the Taoiseach about two reports provided by the Tánaiste in her previous role as Minister for Justice and Equality. The first query is about the Garda investigation into-----

The Deputy should raise one matter only.

They are closely related. An Garda Síochána is supposed to be investigating the inflated figures relating to breath tests. Another Garda working party is looking at issues relating to summonses. When will those two reports be presented to the Dáil?

I would like to ask about the potential amendment of the nursing home support scheme legislation to address the assessment of the assets of small businesses and family farms. It seems that forensic accountants could be brought in to assess the disparities in the cost of the provision of nursing home care across the State. The issue of overcharging in nursing homes, or services not being provided on foot of nursing home charges, has been identified by the Ombudsman. Will an overall review of the nursing home support scheme be carried out when the amending legislation is being introduced?

I agree with Deputy Neville that it is encouraging to see unemployment falling and the number of people at work increasing in all parts of the country. There are good numbers in respect of Limerick in particular. According to a CSO report that was published recently, there are a number of black spots of very high unemployment in various parts of the country, including some small areas of deep intergenerational disadvantage. The best way to tackle this is through a forthcoming Government initiative - the action plan for jobless households - which will identify a number of global measures that are to be introduced across the country to reduce the number of jobless households and give people greater opportunities to engage in work or education. Five pilot areas in various parts of the country will receive particular attention under this initiative. Deputy Neville might want to speak to the Minister, Deputy Regina Doherty, about the possibility of one of these pilot areas being in County Limerick.

I am advised that the Minister for Justice and Equality will speak to the Garda authority about the Garda murder statistics today. We will get a further statement at that point.

There is enormous variability in nursing home charges and costs across the country. There is a big gap between the costs in public nursing homes and the costs in private nursing homes. The costs differ in various parts of the country. There might be legitimate reasons for all of that. The needs of people in public nursing homes tend to be greater than the needs of people in private nursing homes. Of course, land and building costs are higher in the cities than they are in rural areas. It is important to figure out the reason for the differential and to assess whether it is legitimate. That work is currently under way.

That concludes Questions on Promised Legislation. I remind Members that if they stuck to the allocated time and did not interrupt when questions are being answered, we would get everybody in.

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