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Dáil Éireann díospóireacht -
Thursday, 20 Apr 2023

Vol. 1036 No. 7

Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Yesterday, the Secretary General of the Department of Health, Mr. Robert Watt, appeared before the Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach over the botched attempt to arrange an open-ended secondment of Dr. Tony Holohan, up until his retirement, with €20 million of public money assigned to that secondment. The external review commissioned by the Minister for Health was very critical of Mr. Watt but also critical of Dr. Holohan. I note the Government has accepted all the findings of that review. It was stated in the review that Mr. Watt bypassed all the acceptable protocols for research funding in respect of the Chief Medical Officer, CMO. It stated he should not have been involved exclusively and personally in negotiations with university partners regarding this secondment.

A lot of time and money was spent on this review. The Tánaiste stated that lessons would be learned. The Secretary General rejects the main findings of the report-----

Do you have a question, Deputy?

-----and its contents. What lessons will be learned? Will they be the same lessons learned when the Government tried to appoint Ms Katherine Zappone to a makey-up job? Will the Tánaiste explain what lessons will be learned regarding this matter, given the chief person rejects the findings?

To be fair to Sinn Féin, it has been quite adept at appointing people who are opposed to it to various state bodies and so on in Northern Ireland. I am not saying there is anything wrong with that, but it does that and has done it. The report does not personalise the recommendations, although it obviously draws conclusions-----

-----from the examination. The report states: "No one individual should be personally and exclusively involved in any negotiation with third parties which involves the dispersal of state funds." That is very clear. That relates generally to any situation into the future-----

It names the same-----

Wait now. One question.

-----and that will be accepted.

On a point of order-----

No, there is no point of order.

The Secretary General was clear yesterday, given the Government has accepted this, this has to be implemented and the recommendations have to be taken on board in respect of all parties.

It does name the CMO but-----

I express my thoughts, sympathies and solidarity with the two workers injured following the explosion at the Stryker plant in Carrigtohill, County Cork, on Tuesday. We understand one of those workers remains in a critical condition on life support. I extend my solidarity and that of my Labour Party colleagues to the workers and their families. My office and that of my colleague, Deputy Sherlock, has been in contact with SIPTU this week concerning this awful incident. The Labour Party backs SIPTU's call for an urgent meeting to discuss grave safety concerns on the three Stryker sites at Carrigtohill. The union has been seeking such engagement with management at the plant since 2019. It should not take such a shocking event as this to precipitate engagement on safety concerns, especially as the Health and Safety Authority, HSA, is already investigating several workplace accidents at Stryker.

Stryker is an IDA Ireland-backed company employing thousands of people in Cork and Limerick. The Government has a role here. What representations has it made to Stryker to ensure quick and meaningful engagement about health and safety on its sites and a recognition of the union to engage with the company?

I also express my deepest sympathies on the trauma experienced by the workers and their families following such a terrible accident. The HSA has to independently examine and investigate what happened. All companies are subject to the rigours of the HSA. Generally speaking, we have a strong record on worker safety across the board. This incident is very worrying. As the Deputy said, Stryker is a considerable employer of up to 6,000 people in that area. However, that is a separate issue from the absolute need to have safety for every employee within the complex.

Union engagement.

We need very strong, independent health and safety authorities.

We have only one minute for each question. I am sorry.

Union engagement is a separate issue.

For the first time ever, a case concerning climate action has been taken to the European Court of Human Rights. In the so-called Swiss grannies case, a number of women have argued that the Swiss Government has not done enough to meet its climate targets, thereby endangering these women's lives and health. While a number of countries have made written submissions to the court about this case, Ireland is the only country that has sent a team of lawyers to make verbal submissions. It is the view of the Government that the European Convention on Human Rights does not guarantee the right to a clean, healthy and sustainable environment. The Government was so worried about this case succeeding, and the public being conferred with stronger rights to a clean environment, that it has instructed lawyers to argue against it at huge cost to the State. How on earth does this decision for the State to insert itself in this case at this time and in this way align with its claims that climate action is an existential crisis? Was this decision signed off by the Minister for the Environment, Climate and Communications or by the entire Cabinet?

The Deputy's characterisation of that is not quite what has transpired. I will come back to the Deputy with a comprehensive reply in this regard.

I have listened to the transcript. It is exactly what the State-----

The Deputy's characterisation that the Government somehow does not want a clean environment for the citizens of this country is not fair.

Your argument is it is not under the remit of the------

Some 1,000 Indian nurses came to this State at the start of the year on two-year work permits to work in the health services. They work here not as nurses but as healthcare assistants in nursing homes and as home care assistants, overwhelmingly in the private sector. A real injustice is being done to these workers. The basic pay stipulated in the arrangement under which they came here is €27,000 a year. This means they are €3,000 below the threshold that would allow them the chance to bring their families here on visas. They are being asked to do stressful and mentally draining work while separated from their children and families. Moreover, these workers are being asked to do Quality and Qualifications Ireland level 5 training, and pay up to €1,500 to do so, despite the fact their nursing qualifications include not just equivalent training but much more besides.

Will the Tánaiste agree this is a labour exploitation scandal and these workers should be allowed reunite with their families? Will he further agree that the State should recognise their qualifications or, at the very least, cover the cost of the courses the State insists upon?

The work permit system in Ireland is probably one of the more liberal systems across Europe.

More than 48,000 came in through the system last year. The Deputies cannot have it both ways. The point is we are creating opportunities for people to work in this country. There are clear issues regarding how we regulate migration to this country and employment in the country. That has always been the case. Over time, families move with workers. Again, a process is there. In a healthcare setting, it is very important we are certain around qualifications of people. The cost issue can certainly be looked at but the idea of mutual recognition is not as simple or straightforward as the Deputy presented.

The cost issue can be-----

It is Groundhog Day as I bring up the issue of a second cardiac cath lab at University Hospital Waterford, where the HSE has spent 14 months attempting to provide a 12-bed day ward solution for this lab to operate. The latest parliamentary question response I received stated the hospital hoped to occupy the lab by quarter 2, not operate it. Operations cannot begin in this lab without dedicated day beds. Two solutions have existed for months. One is either a modular, six-bed day ward and six radial chairs being placed in the hospital to facilitate operations in this lab or, second, modular accommodation for the doctors' residence in the acute block, which could be remediated.

Will the Tánaiste dedicate the Government to giving a commitment that one or other of these solutions will be provided by the end of quarter 2 so that this laboratory can open five days a week? That is what we need, not three-day operations, not three beds as is being proposed. We need a 12-bed day configuration for that laboratory.

I appreciate the Deputy raising the issue. As he will be aware, the Government provided funding under the capital plan for the second cath laboratory, which is complete. It has been handed over to the hospital to be equipped and commissioned and for staff familiarisation and so on. The hospital is examining the options for creating the space for the new beds to accompany the second cath lab at the hospital. An interim solution in the form of beds on the day ward was identified but it is not feasible at present because of the fire in Wexford General Hospital, which resulted in the day ward in University Hospital Waterford being occupied with inpatients. The Minister is in discussions with the HSE with a view to getting this resolved.

A modular solution is all that is needed. It is being done everywhere else. That is all we need.

We have successfully done some modular building in some locations. It is perhaps not as extensive as people would like. It has been done in Clonmel, but that also took some time.

Keelbeg Pier in Union Hall, west Cork has been hitting the headlines for all the wrong reasons in recent weeks. Cork County Council commissioned a report by engineering consultants, ByrneLooby, and was advised to close part of the pier. This has rightly led to great anger among pier users in Union Hall and its surrounds. The Tánaiste visited the pier in June 2021 and the Minister, Deputy McConalogue, visited it later in 2021. Advice was given to Cork County Council to seek funding for a development option study. A letter that was sent by the Minister, Deputy McConalogue, to Cork County Council in July 2021 states where this application for funding should be sent. The council applied for the funding and it ended up being refused. Let us fast forward to January 2023. In a question and answer session in this House, I pushed the Minister, Deputy McConalogue, to explain why this funding was not given and was told that no application had been sent in for funding. I now have evidence that an application for more than €200,000 was sent by the council to the section of the Department it was told to apply to. First, the Minister should come before the Dáil to correct the record but, more importantly, will immediate funding be made available for a study on carrying out repair works to this pier so it can be kept open for the people of Union Hall?

This is something the Deputy and I have discussed on several occasions. As he will be aware, I have granted unprecedented funding to piers and harbours throughout the country. In normal years, €3 million or €4 million would be spent on local authority piers in any one year. In the past year, I have allocated almost €40 million to piers and harbours, many of which are in Cork. I worked closely with Deputy Christopher O'Sullivan to deliver them. He updated me recently on the situation in Union Hall. The onus is on the county council to do the preparatory works, put the application together and submit it to me.

The council has done that.

Were I to get a capital application-----

It was sent to where the Minister told the council to send it in July 2021. I have it here.

Please, Deputy.

Were I to get an application for capital works, I can grant that, but the onus is on the local authority to get to the stage where it can make the application.

It has done that and the Minister refused them.

Deputy please.

I am sorry, a Cheann Comhairle, but I want the facts. The facts are-----

I will not call on the Deputy again if he does not keep quiet.

I am acutely conscious of the report yesterday about the prevalence of violence, including sexual violence, in our community. That report comes more than 20 years after the Sexual Abuse and Violence in Ireland, SAVI, report, which told us in no uncertain terms of the prevalence of violence more than 20 years ago. In that context I am raising the issue of a front-line organisation that has been working on the ground in Oughterard, County Galway for more than 34 years and is struggling with core funding. This is an organisation based in Oughterard atá ag cur séirbhísí ar fáil i gConamara freisin i mBéarla agus i nGaeilge and it is struggling with core funding. I do not know how this could happen. On one level, the Government tells us it is seriously committed to zero tolerance of all sorts of violence, including domestic violence, yet we have a front-line organisation struggling on the ground.

I thank the Deputy for raising the issue. The context is quite shocking. The CSO's study, the first since the SAVI report, reveals widespread abuse and assault, including sexual assault of women. I thank the approximately 500 people who disclosed their experiences for the first time in this survey. I thank them for taking that step. The survey covers a range of behaviours from non-contact sexual violence to non-consensual sexual intercourse or rape.

Specifically regarding Oughterard, I will ask the Minister to engage with the Deputy and the service with a view to the funding problem she has identified. Aontaím leis an Teachta go bhfuil géarghá ann agus beidh mé ag caint leis an Aire maidir le haon rud gur féidir a dhéanamh chun an scéal a leigheas.

Since the resignation of the members of the independent Disabled Drivers Medical Board of Appeal in 2021, more than 759 severely disabled and permanently disabled citizens have been denied an appeals process, having been refused a HSE primary medical certificate. They are entitled to appeal that. There is no way they can appeal now. This very day I have the case of an 81-year-old constituent suffering from dementia who is wheelchair bound and has hoists in his home. He is permanently bound never to leave that home unless he can get these supports. The Government is, and has been, committed to resolving this issue. Will the Tánaiste ensure that the primary medical certificates are reviewed and that permanently and severely disabled people have access to transport when they need it and get the VAT and other tax reductions as a result?

I thank the Deputy for raising this, which is an issue of considerable concern to quite a few people. I will speak to the Minister in respect of the need to progress this and get it resolved.

Yesterday I met constituents from the Not Our Fault campaign outside the Dáil. They are seeking emergency funds to carry out essential remedial works to their apartment complexes that are needed right now. While I welcome the Minister for Housing, Local Government and Heritage's proposed apartment defects scheme, it is my understanding it will not be operational until 2024. In the meantime, many of the complexes are literal death traps with works needed now. Residents are facing huge increases in insurance bills they cannot afford due to these defects and because the cost of insurance is making it harder to afford the remediation of the defects. Will the Minister commit to providing interim or emergency funding or supports in advance of the general scheme to allow essential safety works to take place now? They are needed right now.

I thank the Deputy for raising the issue. The Minister gave a commitment in January to draft the legislation to establish the supports in the defects in apartments scheme. Some degree of due process is necessary in this regard, but I will talk to the Minister about specific cases the Deputy has identified, if there are specific cases. The Minister's response has been comprehensive as regards the scale of the scheme he has announced. We are looking at an overall cost of between €1.5 billion and €2.5 billion. That is welcome news but the Deputy is saying there are immediate cases. It is now the second quarter of 2023. If we could get the legislation passed before the end of this year, we would be in a position to launch the scheme forthwith.

I will raise a case from the heart of the Tánaiste's constituency in the Douglas-Grange area, of a family who has lived in a property with the support of the housing assistance payment, HAP, for nine years. It includes three children, of whom the youngest is five years old. The family has received a notice to quit and were to be out on 31 January. After some back and forth with the council, the council agreed to buy the property and at the last minute, similar to a case Deputy Doherty raised with the Tánaiste, the council pulled out due to a technical issue with the home. This is despite the fact the council has paid HAP on the property for years and the property passing two HAP inspections. Earlier, the Tánaiste stated the Government has the policy. It is not working. This family is more proof that it is not working. Will the Government reinstate the ban on evictions? What will the Government do? Where will this family go?

Individual cases can be raised on the floor of the House. I do not have any advance knowledge of particular cases Deputies are raising across the board. I know a scheme and facility is in place.

The Deputy should hear me out, please. I know the city council has engaged with many landlords in respect of buying properties under the tenant in situ scheme.

The Deputy has not outlined what the technical problem is or what the issue was in respect of this specific property. I will engage with the council about it to see if anything can be done.

I again bring to the attention of the House the concerns expressed by Supreme Court judge Mr. Justice Peter Charleton in relation to the undue and worrying influence of special or expert witnesses and their ability to influence unduly the decisions of the courts, in other words, replacing the courts. This particularly relates to family law courts, in which such witnesses now have the monopoly; they are either tutors of or receive tuition from their colleagues. The one rule applies, which is that women before family law courts will not get a fair judgment because they cannot get one, as this is predetermined. I ask for an urgent inquiry into that practice.

The broader policy area is one for the Minister for Justice. We must be clear that the administration of the courts and dispensing justice are matters for the judicial system. It is a matter of how the courts are administered, witnesses present, the Judicial Council and so on. I will refer the matter again. I think the Deputy raised the issue previously with the Minister.

I raise the issue of funding for the N24. After intense lobbying last year, we secured agreement from the Department of Transport that €3.25 million would be advanced in 2023 to progress this route. We are now told that the allocation is only going to be €1 million, meaning the planning process for the bypass of Tipperary town, which is urgently needed, will be delayed by another year. I ask the Tánaiste to use his influence with the Department of Transport and to have the originally agreed sum of €3.25 million honoured to progress the planning process for this route.

The Deputy has been very persistent regarding the necessity to bypass Tipperary town and the N24. I will pursue the issue with the Minister and the Department of Transport to see if anything can be done to accelerate the process.

The secondment package created for Tony Holohan continues to shine a light on the dysfunction of this Government. Robert Watt signed a letter in which he committed to €20 million from the budget for that particular role. This was done without Government oversight. It also comes on the heel of the gold-plated package created for Katherine Zappone. Yesterday, Robert Watt, in reality, gave two fingers to the Government-commissioned external review. He rubbished its findings and recommendations. This goes to the heart of who is in control of the Government in this country. Is it the elected representatives or the Civil Service? Is Robert Watt untouchable? Will there be any accountability at all in relation to this? Is this report just going to be scrunched up and thrown into the wastepaper basket? The evidence of Robert Watt and Deirdre Gillane completely contradict each other. Who does the Tánaiste believe in that circumstance? Will there be accountability? What will happen to the external review? Will this situation be repeated over and over again?

As Taoiseach at the time, I paused the entire process. Dr. Holohan then pulled out and said he no longer had any interest in pursuing the secondment. No Government funding was expended on this and the secondment did not proceed. There is an issue, as the report identified, around clarifying the entire secondment process. We can improve on that in respect of people in a given post who may seek a secondment from it. I believe we can redeploy people with expertise and experience, perhaps more effectively, within the public service on specific projects that are required in the future.

The report states protocols were breached.

I fully accept the report.

We cannot have a conversation.

I am very familiar with the report and the Government fully accepts the recommendations of the report.

Time is up. I ask Deputy Tóibín to resume his seat.

This is very serious.

Resume your seat, please.

Will there be any accountability?

If the Deputy does not resume his seat, I will suspend the House.

The question I asked was if there was going to be any accountability in terms of Robert Watt. The Tánaiste is refusing to answer that question.

Resume your seat. It is disgraceful behaviour. We are not having any more about it.

Last week, the eyes of the world were on Ballina in County Mayo when Joe Biden came to visit us. This week, a report in the Mayo News states a Ballina mother is begging for help as the prospect of having nowhere to live becomes more and more real with every passing day, as she talks about the lifting of the eviction ban. She said she has never begged for anything in her life but she is begging now and pleading for help and for something to stop her and her children having to live on the street. Speaking of her children, she said she tells them everything will be okay. When they are not there, she locks herself in the dark and just cries. She tries to keep the good side out all the time but the days tick by and she is becoming more desperate. Will the Government reinstate the eviction ban until such time as this mother and family and all of the mothers and families I am dealing with have somewhere to go? They have gone to the council. She told me she looks on the website every hour. There is nowhere for these people to go.

I reiterate that the reason the eviction ban was lifted was that to keep it going and retain it or extend it would have made the situation far worse for many people. People are exiting and there is an exodus from the private rental market. The number of houses available to rent has been reducing over the last two to three years. That is, in my view, because of the lack of certainty regarding the regulatory framework governing it and policies. Sinn Féin over time has demonised small landlords.

It did, without question. It attacked them. People are saying they are better off out of the market. The strong advice we received was that it would make the housing situation worse and make homelessness worse if we proceeded. We have brought in measures. I do not know the circumstances of the case the Deputy raised. The council has resources to buy out that house, if possible. I am not sure of the circumstances.

I previously raised the plight of farmers who farm in designated areas and whose farming practices are, therefore, restricted. Previously, they were compensated for that through the BurrenLife scheme in the case of the Burren and the hen harrier project in the Slieve Aughty Mountains. That has been abolished. They were told to go through the agri-climate rural environment scheme, ACRES. In theory, they get more money through ACRES. They can get a maximum of €10,000 and farmers not in designated areas get a maximum of €7,000. The difference is the €3,000 is a partial reimbursement of moneys already expended. The reality is they are worse off now than they were, under a Government which claims to take the environment seriously. It is a scheme designed by civil servants for civil servants, not for farmers or the environment but for ease of administration. The Tánaiste said the fact they were worse off was not good enough when I raised it with him when he was the Taoiseach. Nothing has changed since then. Will something change?

I met Deputy McNamara about this issue and his Oireachtas colleagues in County Clare, as well as a delegation from the county.

I was not invited to that meeting.

The BurrenLife scheme is one of the great examples of what we can do from an environmental perspective. It was a pilot scheme with a small number of farmers and the payments were more significant. We are broadening out ACRES and bringing more people into the scheme. The vast majority of applicants who will be participating in ACRES in the Burren will be better off. There is a small number who were part of the initial pilot scheme whose payments will not be as high, which is something my officials are assessing to see if an accommodation can be made. Overall, we are building on the Burren scheme, making sure the benefits are spread and widened and also making sure even more farmers are able to avail of it and be better paid. There is a small issue with a small minority of farmers, which we are considering and reflecting on.

When will it go beyond consideration?

This morning, I received a briefing from the students of St. Michael's school in Finglas, who were unsure I would be able to put their points across, so they join me in the Gallery to ensure I do. They wish me to speak about the Luas in Finglas. They have done great research in the community about how needed it is. They made a number of points. They often feel young people's views are not heard in planning decisions. They want to make sure this project happens for the opportunities it will give them in future generations.

Furthermore, they want to talk about the safety measures that might be needed for young children. More than anything, they want to make sure the Government is fully committed, the railway order will go ahead as planned and the people of Finglas will get the investment they deserve. The Tánaiste might at some point come out to visit St. Michael's school to see the great work it does on this and many other projects.

I welcome the students of St. Michael's school to Leinster House. There are students from another school on the left in the Gallery, but those from St. Michael's are straight ahead of me. I hope they enjoy their stay in Leinster House and some of them come back in a different capacity, as Deputies or Senators, in the future.

The Government is very committed to public transport and the extension of the Luas. I take on board what Deputy McAuliffe said about the Luas in Finglas and I will work with the Minister on making sure we can advance the project. Also, we are very conscious of safety on public transport. We have to transform our modes of transport. The future is in public transport, and making public transport safe for people is essential to ensure continued use of and participation in public transport. I thank the Deputy for raising the question.

The Tánaiste is more than welcome to St. Michael's.

I would love to visit if the Deputy were to invite me.

It is on the record now.

They say it is better to light a candle than curse the dark. We have a housing crisis and a crisis in the provision of a lot of other facilities. One thing adding to the crisis is the phenomenal delays still in getting decisions from An Bord Pleanála. I have cases that have been with the board for over a year and a half. These are all projects which, if approved, could go ahead. I know extra staff were approved but I am wondering about two things. First, what extra short-term steps could be taken to clear this backlog forthwith under the present legislation? Second, when is it hoped the new legislation setting up an coimisiún pleanála will be fully operational and in place? We need radical change here, and that would free up a lot of planning decisions that would potentially provide a lot of accommodation in the State.

We are out of time now for the next-----

I accept what Deputy Ó Cuív said. The Minister for Housing, Local Government and Heritage has taken urgent measures to bolster the capacity and strength of An Bord Pleanála in the form of a number of new officers appointed. Quite a substantial number have now been approved, for good reason. Reform of An Bord Pleanála is ongoing, and there is the new planning Act. I think we are subject to the House in getting that passed. We should make a collective effort in the House to get that legislation passed because it is essential. There are quite a number of projects on the housing front and in the public realm in respect of transport and climate, including wind farms, that we need to get progressed more quickly than currently is the position.

We have three other members indicating. We will take 30-second questions from each of them.

The eviction ban has been lifted. I do not believe a sufficient number of solutions or services are in play. I have talked to Louth County Council homeless services; they have reinforced this in my head. My question relates to the tenant in situ scheme. Louth County Council is at this point processing a number above the actual target it has. My fear is that it will not have the resources if more come into play and it will not be able to deal with this quickly enough. I know resources have been put into the Department, but can it be ensured that there will be sufficient resources to deliver on this and people are not taken from other necessary services within the council?

I wish to ask about back pay for retired nurses. A number of them have been in contact with me and they are awaiting back pay. I wonder if the Tánaiste's good office could help to expedite the matter.

Funding of €10 million was allocated in budget 2023 for publicly funded IVF treatment for men and women experiencing fertility difficulties. Over the past six months, however, there has been a serious lack of clarity as to how the plan will be implemented. Couples to whom I have spoken are considering delaying treatment until public funding is rolled out, making the issue even more pressing. The Minister for Health has said that funding will precede the assisted human reproduction, AHR, Bill's coming into law. That Bill, however, has been paused on Committee Stage for over a year. I therefore ask that the Government advance the AHR Bill through the Houses of the Oireachtas as a matter of urgency to ensure those seeking publicly funded IVF have the opportunity in 2023.

I thank the Deputies for raising those issues.

As for the tenant in situ scheme, the Minister is clear that additional resources will be provided to councils in the event of their going above their targets. He is not providing strict limits in respect of the number of houses that can be bought with tenants in situ to prevent people from being evicted. Louth County Council can, therefore, exceed the target.

In response to Deputy Griffin, I will follow up the back pay for retired nurses with the Minister for Health.

In response to Deputy Dillon, the Minister for Health has prioritised that and during the Estimates secured funding for the first time ever for IVF treatment. I accept the point that many people out there now are anxious that clarity be brought to the situation. It is extremely important that the legislation be passed. I will talk to the Minister about timelines around that.

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