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Dáil Éireann díospóireacht -
Thursday, 24 Feb 2022

Vol. 1018 No. 6

Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

I want to ask about the rights of citizens with disabilities. Documents released to me under freedom of information show that, for years, the Disabled Drivers Medical Board of Appeal has called on the Minister for Finance to change the criteria of the disabled drivers and passengers scheme. It warned that it excluded and discriminated against citizens with genuine, permanent and severe disabilities. Despite the repeated warnings since 2018, no action has been taken and the board often did not even get a response to its concerns. It made it clear it could no longer be involved in the scheme on moral and ethical grounds. As a result of repeated inaction by the Minister for Finance, this board of medical professionals all resigned en masse.

There was no action by the Minister. It was not a priority, yet thousands of people with disabilities were left grounded or stranded. What is the Tánaiste's response to the inaction of the Minister for Finance over a period of five years and the damaging consequences for so many of our citizens with disabilities as a result?

The disabled drivers and disabled passengers scheme provides relief from vehicle registration tax and VAT on the purchase and use of an adapted car, as well as an exemption from motor tax and an annual fuel grant. The Minister, Deputy Donohoe, is very aware of the importance of the scheme to those who benefit from it. He is also aware of the disquiet expressed by many in respect of difficulties in accessing the scheme. Accordingly, he is now committed to a comprehensive review of the scheme to include a broader review of mobility supports for persons with disabilities. It has been agreed that the disabled drivers and disabled passengers scheme review will be brought within the wider review under the auspices of the national disability inclusion strategy to examine transport supports encompassing all Government-funded transport and mobility schemes for people with disabilities. We believe this is the most appropriate forum to meet the mutual objectives in respect of transport solutions and mobility supports for those with a disability.

Yesterday, I raised in the Dáil the issue of Ireland being the best small country in the world for Russian oligarchs to channel their money, with €118 billion going through the IFSC since 2007, much of it through section 110 vehicles. On the back of the very worrying and dangerous situation that is developing in our world, I want to ask what we, as legislators, are going to do collectively to deal with Russia as much as we can. Do we need emergency legislation to deal with section 110? Do we need to bring in legislation to deal with the way in which this money is being funnelled? Do we need to bring in legislation to seize assets, either temporarily or, potentially, permanently? Is any of that being considered by the Government as part of a wider European plan whereby we would have to legislate ourselves?

Whatever we decide to do, we will do on a European level because that is the only way it is going to be effective. We need to hit Russia and we need to hit Putin where it hurts, and that is going to include financial sanctions and sanctions against the flow of money and banking activities. That may have a negative impact on our State, but we have to do it because it is the right thing to do. We will do it on a European level, because if we do it unilaterally, the money will just flow elsewhere and it will not have an effect.

There is going to be an emergency meeting of the European Council and I believe the Taoiseach will attend that this evening. Certainly, he has my support, the support of the Minister for Finance and the full support of the Government in signing up for any EU sanctions that are necessary, even if they, unfortunately, have a negative impact on us.

Families who lost loved ones at the Stardust have been waiting 41 years for truth and justice. They want to know the truth about the fire which claimed the lives of 48 young people who never came home. Given the length of time the inquest will run for, it is essential the jury is paid. It is also very important that the jury is selected from the electoral register. Last night in the Seanad, a Bill passed Second Stage that would allow a jury to be selected and paid. Will the Government support this Bill going through the Dáil quickly? Will the Government bring in its own changes to legislation to ensure a paid jury is put in place that is selected from the electoral register? When will this be done?

It was the Attorney General in the previous Government who determined that inquests should take place in regard to the Stardust fire and tragedy. I very much support that decision. The Government wants to make sure the inquests happen and that they are conducted quickly and conducted properly. We fully support the work of the coroner in that regard. It is not something we can interfere with because, of course, the coroner is entirely independent, but that matter of paying jurors is something the Minister, Deputy McEntee, is going to examine. We are weighing up the pros and cons of that. It is not a matter of cost. In the greater scheme of things, it will be small in terms of the cost of the inquest, but there are other issues - legal issues and precedent issues - and she is trying to tease them through at the moment.

I want to express People Before Profit’s solidarity with the people of Ukraine. They are facing a horrifying imperialist invasion. Will the Tánaiste give a guarantee that no limit will be placed on the number of refugees fleeing Ukraine who will be accepted into Ireland? Does the Tánaiste agree that any NATO escalation will simply make the situation worse, threatening descent into a deeper and bloodier conflict? What we need now is to build a global anti-war movement, independent from and in opposition to both imperialist camps, to demand the immediate withdrawal of Russian troops from Ukraine and the withdrawal of NATO battle groups and missiles from eastern Europe.

I call on people to join the Irish Anti-War Movement protest today at 5.30 p.m. in front of the Dáil.

Certainly, Ireland will accept refugees from Ukraine. Whatever we do will have to be done on a European basis as part of a European agreement. It is fair to say that we were one of the leading countries in the EU when it came to accepting refugees from Afghanistan. This is a European country. It is much nearer. There is a significant Ukrainian community in Ireland already. We will be willing to accept people but that will have to be agreed on a European-wide basis. We will be happy to step forward as a country in that regard.

I must entirely disagree with the Deputy on any suggestion or allegation of a NATO escalation. That is not what happened here. In 2014, Ukraine pressed forward for democracy and decided that it wanted to be on a European course. It is an independent country. It has the right to decide to join the EU or NATO if it wants to. That is not our business; it is Ukraine's decision. When that happened in 2014, Russia and Putin seized Crimea and Sevastopol. It is now happening again in the Donbas region. That is what happened in Moldova in relation to Transnistria. It is what happened in Georgia as well. It is not an issue of NATO aggression. It is Russian aggression. It happened in Moldova and in Georgia and it is happening in Ukraine now. Let us not pretend that there is any equivalence.

Last July, the Government passed a long-awaited affordable housing Bill. I have heard numerous promises and predictions of how many affordable houses will be provided in the years to come as a result. While the Bill passed through the Oireachtas seven months ago, today we still wait for regulations to be issued by the Department that will finally set the wheels in motion.

Thousands of young couples, families and individuals on modest incomes cannot get a mortgage through commercial banks. They are waiting anxiously for application forms and progress on the affordable housing scheme. Will the Tánaiste outline when the regulations or further information will be made available to local authorities and subsequently to people waiting anxiously to own their own affordable homes?

I will have to check that out and come back to the Deputy. I think the regulations are done. I am not sure if they have been officially signed off or published. South Dublin County Council is advertising affordable homes for people to purchase. It will happen in Waterford quite soon. I had thought they were done but I will find out and come back to the Deputy.

The Irish Dental Association is in crisis. Many dozens of dentists have left the scheme because the contract has not been updated for years. Families are struggling. In many counties they cannot get dentists under the scheme. They must travel to different counties, maybe 100 miles away, to get an appointment. Will the Government do something for the dentists who are there? I salute them for the hard work they do and the great care they take of young and old. We will have a huge crisis. If young people are neglected there will be huge costs to the State in future. Dentists need support. They need a modern contract that reflects what they do and the service and facilities that they provide. That is not being reflected at all and they are being ignored. They are leaving. Unfortunately, they are voting with their feet and going into private practice or going abroad. The public who depend on medical cards are left abandoned and cannot get dental treatment. Action needs to be taken on this.

I want to acknowledge that we have a problem with the dental treatment services scheme, DTSS, the medical card scheme for dental services. We have about 1,150 dentists who are part of the scheme. About 300 have left in recent times. That means that in large parts of the country people cannot get a dentist or the dental care that they need. However, it is not fair to say that nothing is happening or that people are being ignored. Negotiations are underway between the HSE, the Department of Health and the Irish Dental Association. Some €56 million goes into the scheme every year and there is €10 million on the table for dentists if they accept the offer that is being made. That is currently under negotiation.

I wish to raise a specific issue on the cost of living which we discussed again this morning. Is the Government considering setting up a hardship emergency fund? I raised this two weeks ago and the ESRI has also raised the need to establish an emergency hardship fund to help meet exceptional need payments, such a fund to be administered by the community welfare officers based in the community not in Intreo offices. That would allow for emergency payments for individuals and families most affected by the rise in energy bills and the general cost of living as close to the community as possible. It would be a crucial measure to target assistance to those who most need it. In recent days, Barnardos has also called for community welfare offices to distribute a particular emergency fund in the communities.

We have given that issue some consideration. It has been discussed with the Minister for Social Protection, Deputy Humphreys. Her view, which I agree with, is that the existing community welfare service is the service that we should continue to use to issue exceptional needs payments. It does not require a separate fund because there is already a fund for exceptional needs payments which is worth around €40 million a year. It is not capped or budget limited but demand led. I encourage people who have a genuine need who are struggling to pay a utility bill to engage with their community welfare officer. Exceptional needs payments can be made and there is no cap on the budget.

Russia's invasion of Ukraine is an outrageous attack on an independent country. It is a proud, peace loving nation with a rich history. The attack undermines the rule of law, breaches the UN charter and has the potential to create another humanitarian crisis across Europe. Ireland and Ukraine have strong political ties as well as social ones. The Minister for Foreign Affairs and our diplomats are working in Ukraine to evacuate Irish citizens caught up in the conflict. However, there are many Ukrainians here with ties to Ireland, who have family there, who are very worried about their safety. Will the Government waive the visa requirements and offer them humanitarian assistance to come to Ireland in the coming days and weeks?

I thank Deputy Devlin for raising this. We have a small but active and very welcome Ukrainian community here in Ireland, many of whom are established here for some time. There is a moral obligation on us to assist them to have their relatives, especially those who are dependent on them, to come to Ireland. It is complicated because we have a very small embassy in Kyiv. It only opened in the last couple of years with only two people on the ground. They are currently in a safe location for their own safety. It is not as simple as it might be but I absolutely agree, as does the Government, with the principle of what the Deputy put forward, namely that Ukrainian citizens who are established here in Ireland should be assisted to get their relatives here safely.

Will the Tánaiste confirm that the Government will not only seek wide ranging sanctions on Russian officials and entities but also officials and entities in Belarus, occupied South Ossetia and occupied eastern Ukraine which have aided and abetted this invasion? Will the Tánaiste elaborate on the preparatory work that has been done by the Government to accept large-scale refugees from invaded Ukraine? We are under no illusion that there is war in Europe today due to Russian aggression. Will the Irish Government expel the Russian ambassador?

This is genuinely one of those moments where I am glad that we are part of the EU and we do not stand alone. The EU does not just ensure and underpin our economic prosperity but it also helps to underpin our security and allows us to act with solidarity when it comes to issues such as this.

There will be a meeting of the European Council this evening in Brussels. The Taoiseach will attend. Whatever we do on sanctions, refugees or on the Russian ambassador and diplomats will be done at European level because Putin and the Russian regime have no fear of small countries. They have no fear, even, of large countries. Ukraine is not a small country. However, it might have a fear of the EU and of the EU, the USA, the west and democratic nations acting together. It is really important that we act in consort with our European allies. Let me be very clear, that when it comes to accepting refugees and to financial and other sanctions, Ireland is willing to be at the forefront of doing what is right, regardless of any selfish or economic concerns that we might have for ourselves.

In recent days I have been contacted by large numbers of Malahide residents. They are very concerned about a sudden spike in antisocial behaviour in the village and surrounding areas.

This happened before, and a very increased and visible Garda presence really helped in the resolution of it.

I draw the Tánaiste's attention to two tweets from the Minister with responsibility for housing on 10 and 26 May last year. On 10 May he said there would be an announcement in the coming weeks regarding community CCTV for Malahide and Swords. Sixteen days later he said he was, "Delighted [delighted no less] to report that CCTV has been approved for Malahide Village and Swords Town and will be installed by the June Bank Holiday Weekend." There is no CCTV in either Swords or Malahide at the moment. The programme for Government commits the Government to "Externally review the legal and organisational framework governing community CCTV". Will the Tánaiste advise us about the subject of the Minister's tweets? Are we going to see the CCTV pilot in Malahide and Swords and are we going to see a manifestation of the commitment in the programme for Government that will "Prioritise visible policing in both rural and urban communities".

I thank the Deputy. We are doing that. There are more members of An Garda Síochána than was ever the case before. A very significant recruitment campaign is under way, having been launched by the Minister for Justice, Deputy McEntee, only a few days ago. That will help us to continue to increase the visibility of policing in urban and rural areas, especially when it comes to community gardaí.

On CCTV, we have a problem and we are working through the issue at the moment. It is all around data protection. You can have CCTV. There is lots of it and we need more of it but somebody must agree to be the data controller. It is not good enough for public bodies to say they want CCTV-----

Or indeed to announce we have it when we do not.

-----but then not to want any of the responsibility around being a data controller, because this is video footage and it can be misused.

Perhaps the Minister with responsibility for housing could volunteer to be the data controller.

There is genuine concern around the changes being made to non-domestic water charges. There is strong opposition among rural communities to increases in water charges for non-domestic customers and the changes to the standing charge per water meter. On the one hand, we see the effective doubling of the volumetric charge on water, and on the other, while the standing charge is decreasing for many customers, a charge per meter will see many receiving significantly higher bills, especially farmers. It will be particularly impactful for farmers, who face a standing charge on every field water meter on their land. This especially impacts farmers with fragmented landholdings. It is a very unfair charge and both Irish Water and the Commission for the Regulation of Utilities, CRU, need to engage with local authorities and representative organisations on this issue.

I thank the Deputy for raising this important issue. A new non-domestic water tariff framework was introduced by Irish Water on 1 October. The CRU determines the charges and charging arrangements that apply to non-domestic customers. There will be a three-year transition arrangement. What is happening essentially is 57 different charging regimes and more than 900 different charges are being consolidated over the course of the next three years. Under this arrangement, any annual bill increase above €250 will be spread across three years. It is important to say that when it comes to the new tariff system, 46% of customers will see a decrease, 50% of customers will see an increase of less than €250, 1.6% of customers will see an increase of between €250 and €500, and 1.7% of customers will see a bill increase greater than that. It is going to be phased in over a three-year period to help people adjust to the change.

Will the Tánaiste support the calls of the Irish Postmasters’ Union to secure the future of our post office network? More than 500 post offices are in locations where there are no banks within 5 km. Examples in my constituency include Oilgate, Taghmon, Rosslare, Clonroche and Ballycullane, to name but a few. They act as custodians of the community and provide a safe place of trust and security for rural people, many of whom are OAPs. They provide a one-to-one, face-to-face service no other SME service could compete with. Through local knowledge, they also save the State millions as they are often first to detect fraudulent claims and scammers. They are asking for a small budgetary sum to secure more than 1,409 permanent SME jobs. That is not to mention shop staff, who expand the workforce to more than 4,000. Will the Minister commit to funding this very important local and vital public service for rural communities that, according to the Grant Thornton report, has a social value of more than €344 million and underpins the economic activity of 885 communities, both rural and urban?

I thank the Deputy. The matter is currently under consideration by Government. I agree with his basic argument that it is important we maintain a strong post office network throughout the country. It may be the case some post offices just are not viable because of a lack of customers but we want to maintain as many as possible, especially when the redundancy or retirement arrangement comes into place in early 2023.

I very much agree with what the Deputy said on welfare fraud. Sometimes people dismiss welfare fraud. There is at least €40 million worth of social welfare fraud detected every year. The truth is it probably much more than that. It could be twice, three or four times that. The fact people who go into the post office must turn up in person to sign on and present themselves probably saves the taxpayer and the Department of Social Protection tens of millions of euro. That never appears in financial statements but it is very true.

As a student of European history, I am strongly supportive of the Government's response to the Russian invasion of Ukraine. I ask that everything be done to assist in every way we can.

On a related matter, I ask the Tánaiste about an issue he has been reported as having commented on in the past, namely, that the Government should adopt an inflation strategy. This should cover how to deal with house price inflation, fuel price inflation and all the issues likely to arise from the Russian aggression and the invasion of Ukraine. Is the Tánaiste in a position to advance that cause and develop a strategy accordingly?

I thank Deputy Durkan for raising this issue. We all appreciate the extent to which prices are rising and the cost of living is going up. We see it at the pumps. We see it in our electricity bills and gas bills. We see it in the cost of buying groceries, and of course we see it in the correspondence we all receive from constituents. There are essentially two ways to deal with inflation. We can try to chase it by increasing everything, that is, pay, welfare and pensions. That needs to be done but it only drives inflation. It needs to be done because the symptoms of the problem must be treated, but it does not solve it. What is needed underpinning that is an anti-inflation strategy that brings down the cost of things. That includes the competition legislation I am putting through the Dáil at the moment. It includes consumer protections. I will be publishing new legislation on that very shortly. It also includes bringing down the cost of things the Government has some control over, such as the cost of childcare. We are also working on bringing down insurance costs. While we might not be able to control the cost of oil, gas or energy, there are costs that are partially under the Government's control and we need to bring them down.

This is from a local school:

We have applied for Exceptional [need] Reviews ... [on three different occasions with] 3 different demands of paperwork. All were refused. We have now appealed but are so disheartened and have low expectations.

Throughout the process, not one SENO/NCSE staff has visited our school. Our own SENO has in fairness been supportive but had no role in the reviews which were conducted remotely without any contact with the school.

We already know that the support which is already inadequate for our current group of children ...

It is not enough to say that the government are prioritising children with additional needs- the current system of allocating SNAs is simply not.

It goes on to say:

Why do we have to wait for children to fail to apply for support?

Where is the support for early intervention in primary school and setting up for success as they miss key milestones?

As exasperating as this is for school staff ... [how must it be for parents?]. In our area, most are waiting over 3 years to get access to support from the Children's Disability Teams.

Schools are well placed to support these children but [they] need ... [the supports].

That is after 11 years of the Tánaiste's party being in government-----

The time is up.

-----and that is what these schools, which are our schools-----

Deputy, please. Your time is up.

-----in his constituency are facing.

I thank the Deputy. If we look back over the past 11 years, we see there has been unprecedented investment in education for children with special or additional needs. We now have more special needs assistants, SNAs, in the country than even gardaí - more than 14,000 or 15,000.

This is this week in the Tánaiste's constituency - our constituency.

Please, Deputy.

I appreciate there are issues and I am certainly engaging with the Minister of State, Deputy Madigan, on them. I would be happy to take any details from the Deputy.

Will the Tánaiste outline to the House the legislation we as a Government have passed that empowers local authorities to build public housing on public land? Does he reject what happened yesterday in the Chamber when several terms like "sweetheart deal" and "blackmail attempts" were used deliberately to misrepresent what is happening with O'Devaney Gardens? This was a democratic decision of Dublin City Council in 2019. It was negotiated on its behalf by officials with the successful bidder for the first refusal purchase of 30% of the 50% earlier earmarked for private sale.

Those units would be purchased so that they could be used for affordable rental accommodation. The State is simply being given the option to exercise that first refusal purchase. I chaired the meeting - there was no corruption, only an attempt to improve an already tendered contract, the parameters of which were set by a Sinn Féin-controlled council. Yet, Sinn Féin went on to vote against the improvement to its own deal.

Where was the question on promised legislation in that?

Can the Tánaiste outline to the House the legislation we have passed that empowers local authorities to build public housing on public land?

We heard that at the start.

What happened in the House yesterday was wrong. Aside from the intemperate and bad behaviour, it was factually incorrect. What Deputy McAuliffe said was true: it was a democratic decision of the council in 2019; and it was negotiated between the council and the developer, Bartra, that the council would be given first refusal for 30% of the 50% of units that were earmarked for private sale purchase so that they could be used for affordable rental homes. All that is happening now is that the State is being given the option to exercise that first refusal. Deputy McAuliffe was spot on in that regard.

In yesterday's Irish Examiner, Aoife-Grace Moore reported on the continuing controversy surrounding Donegal County Council's acquisition of five houses that, as the council's engineer stated in writing prior to the purchase approval, have mica and will require significant remedial work. At the crux of the matter is openness, transparency and accountability and whether proper procedures and due diligence were followed.

This is not the only murky cloud hanging over Donegal County Council. The Mulcahy report, which was commissioned in 2015, has been gathering dust on the Minister's desk for over five years. Members of this House, including, ironically, the Minister, have called for its publication more than 40 times but to no avail. I have asked more than 35 parliamentary questions and submitted two freedom of information requests on the mica issue during this Dáil term. The standard of reply to most of those has left much to be desired.

The veil of secrecy surrounding mica and planning matters in Donegal is destroying trust in public administration in the county. Will the Tánaiste commit to publishing the Mulcahy report in full and urging his fellow Minister to embrace a culture of openness?

I am afraid that I do not have any information to hand on that matter but it appears to be very serious so I will raise it with the Minister of State, Deputy Peter Burke, and the Minister, Deputy Darragh O'Brien, and ask them to revert to the Deputy directly.

The growing shortage of carers will paralyse the health system. The Government must take practical steps urgently to address the recruitment crisis. More than 5,000 people are waiting for home care packages because so few carers are available. What is the Government doing to deal with the waiting list for packages and what progress is being made on carers' pension provisions?

This is an issue that some of my constituents are suffering from as well. In recent years, we have seen a significant increase in the budget for home care. Money used to be the issue but it is not anymore. We have increased the budget by, I think, 40% in the past couple of years but we are struggling to find people who are willing to work in the sector. That requires action in two areas. First, terms and conditions need to be improved so that more people are willing to work in this field. Second, we are examining the question of whether we can issue work permits to people who are willing to provide care for those who need it.

Due to the massive economic growth in my area, there has been considerable job creation, which has led to a big demand for housing. Unfortunately, much of the planned housing in my area, particularly in Water-Rock where 3,500 houses are being planned, is at risk because of the road infrastructure. The N25 upgrade has been stalled. I am told that the decision is being reviewed. I hope that the upgrade will happen. The Tánaiste might tell me whether it will proceed. Some €1.3 million has been spent on the plans so far and €4.5 million has been made available under the local infrastructure and housing activation fund, LIHAF. Developers are very nervous that the work may not go ahead after so much has been spent on planning. The IDA's site in the area has been there for 12 years. It is 56 ha but is lying idle and cannot be used. The road is very unsafe, with 30,000 vehicle movements per day. When will the decision be reviewed and when might this road project be allowed to proceed?

That matter is currently being reviewed by the Minister, Deputy Eamon Ryan, who is examining whether it will be possible within Transport Infrastructure Ireland's budget to reallocate some funds to allow the project to continue to progress through planning. As the Deputy pointed out, it is an important road project because it accesses a significant IDA site - the former Amgen site - and can open up land for housing. There is also a road safety issue involved. The Minister is very much seized with these matters and is reviewing the issue.

There are two Deputies remaining. We are out of time but I will take a 30-second question from each.

Yesterday, I met the PhD workers' alliance, which was looking for fair treatment and an end to the exploitation of PhD researchers. Will the Government take steps similar to those taken by other EU countries like Belgium, Sweden and Holland, which have moved to recognise PhD researchers as workers with employee status, contracts, pension contributions and collective bargaining rights?

Two years ago, the Government finally committed to ensuring pay equality and pension entitlements for school secretaries and caretakers. They are invaluable members of our schools and communities and often work above and beyond their job commitments. They work on the front lines and are the first port of call for parents and students. Without them, our schools would not function. Despite this, they have faced unequal pay and poor terms and conditions, with many working for amounts barely above the minimum wage. The current position of the Minister for Education, Deputy Foley, and the Minister for Public Expenditure and Reform, Deputy Michael McGrath, is that school secretaries should sign on during the summer. This is a fact. At the 11th hour, will the Tánaiste urge the negotiators representing the Government to drop their position that secretaries should sign on during the summer and agree to paying them over the summer?

I understand that the issue involving school secretaries and caretakers is before the Workplace Relations Commission, WRC, today. I hope that it will be possible to come to an agreement to regularise their employment, which we would all support.

I am aware of the issue regarding PhD candidates. I cannot make any commitment on it today but I will ensure that the Minister, Deputy Harris, knows that it was raised in the Chamber. It is important that PhD candidates be treated fairly. We want more people to do PhDs and secure doctorates because that raises the floor for everyone.

Cuireadh an Dáil ar fionraí ar 1.07 p.m. agus cuireadh tús leis arís ar 1.49 p.m.
Sitting suspended at 1.07 p.m. and resumed at 1.49 p.m.
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