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Dáil Éireann díospóireacht -
Tuesday, 9 May 2023

Vol. 1037 No. 6

Ceisteanna - Questions

Departmental Policies

Mary Lou McDonald

Ceist:

1. Deputy Mary Lou McDonald asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [19138/23]

Alan Dillon

Ceist:

2. Deputy Alan Dillon asked the Taoiseach if he will report on the work of the public service, justice and police reform division of his Department. [19441/23]

Ivana Bacik

Ceist:

3. Deputy Ivana Bacik asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [20421/23]

Ruairí Ó Murchú

Ceist:

4. Deputy Ruairí Ó Murchú asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [20529/23]

Mary Lou McDonald

Ceist:

5. Deputy Mary Lou McDonald asked the Taoiseach when the Cabinet committee on social affairs and public services will next meet. [20325/23]

Cian O'Callaghan

Ceist:

6. Deputy Cian O'Callaghan asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [20669/23]

Mick Barry

Ceist:

7. Deputy Mick Barry asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [20682/23]

Marc Ó Cathasaigh

Ceist:

8. Deputy Marc Ó Cathasaigh asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [21307/23]

Ivana Bacik

Ceist:

9. Deputy Ivana Bacik asked the Taoiseach which Cabinet committee deals with ethics reform; and when it will next meet. [21482/23]

Richard Boyd Barrett

Ceist:

10. Deputy Richard Boyd Barrett asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [21528/23]

Paul Murphy

Ceist:

11. Deputy Paul Murphy asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [21531/23]

Bríd Smith

Ceist:

12. Deputy Bríd Smith asked the Taoiseach if he will report on the work of the social policy and public service reform division of his Department. [21534/23]

I propose to take Questions Nos. 1 to 12, inclusive, together.

The role of the social policy and public service reform division is to assist me, as Taoiseach, and the Government, in fulfilling programme for Government objectives to help create a socially inclusive and fair society. Specifically, the division assists the work of the newly established Cabinet committees as follows. The Cabinet committee on social affairs and public services and the associated senior officials group oversee programme for Government commitments in the areas of social policy, with a particular focus on equality and integration and public service reform, which includes efforts to reform the statutory framework for ethics in public office. The committee last met on 8 May and will meet again in the period ahead.

The Cabinet committee on children and education and the associated senior officials group oversee the programme for Government commitments in the area of children and education, including further and higher education, with a specific focus on child poverty and well-being and confronting local area disadvantage.

The Cabinet committee on health and the associated senior officials group oversee programme for Government commitments regarding health and health system reforms, including Sláintecare, reform of disability services and development of mental health services. This committee will also maintain an overview of public health, including the impact of Covid-19 and the cross-government response.

The Cabinet committee on the humanitarian response to Ukraine and the associated senior officials group oversee the whole-of-government humanitarian response to assist people from Ukraine who have sought temporary protection here. The division also assists the work of the Civil Service management board, which oversees Civil Service renewal and other matters. It has departmental oversight of the National Economic and Social Council, NESC, advances the Dublin north-east inner city, NEIC, initiative, including through assisting the work of the programme implementation board, programme office and oversight group. It has responsibility for managing the child poverty and well-being programme office which is bringing strategic leadership and enhanced accountability to these issues. It assists public service reform through membership of the public service leadership board and public service management group. It provides me with briefing and speech material on social policy and public service reform issues. It also incorporates the policing reform implementation programme office, which oversees the implementation of A Policing Service for our Future, which is the Government’s plan to reform policing in Ireland in line with the report of the Commission on the Future of Policing in Ireland.

Focus Ireland's Best Interest of the Child campaign is being launched today, as the Taoiseach knows. Legislation published by the charity places an obligation on local authorities to take the best interests of the child into account when working with families who present as homeless. As the charity has highlighted, despite all the evidence of the harm that homelessness does to children, local authorities operate under laws that were written more than 40 years ago and do not recognise children or their unique needs. The number of children living in emergency housing funded by the Department of Housing, Local Government and Heritage has increased by over 60% since this Government came into office. Many children spend more than two years in unsuitable and inappropriate emergency accommodation. It is also important to recognise that while there are now 3,500 children in emergency accommodation, there are thousands more who are effectively homeless and who are living in overcrowded and inappropriate settings. The Government parties acknowledge and accept the immediate and long-term impact the trauma of homelessness has on children. Earlier, the Taoiseach expressed an interest or impulse to examine legislation in this regard. Can I invite him to go further than that and to commit to acting on these matters, to work with us in opposition and to progress this legislative protection for children, as is the norm in other jurisdictions?

The recurrent issue of an inadequate Garda presence in our rural region is one we cannot overlook any longer. The programme for Government explicitly mentions the priority given to visible policing in both urban and rural communities, recognising its centrality to our social contract with citizens and its vital role in maintaining the safety and security of our communities. We saw a significant restructuring in the Mayo division when it was merged with Longford and Roscommon. This move was expected to bolster the numbers of Garda personnel across the region, leading to improved workflow management, standardised procedures and efficiencies. Despite these promises, the reality on the ground in rural counties like Mayo is concerning. Our local streets and some towns often lack that visible Garda presence.

Indeed, the divisional headquarters in Castlebar is now without a resident superintendent and senior ranking officer both to oversee the modernisation of the policing model and to deal with serious crime. In many Mayo communities, the local Garda stations are often open for only two hours a day.

The implications of such limited resources in rural areas are severe. I ask that the Government provide more adequate resources to build safer, stronger communities in our rural areas and to enhance the Garda presence in these areas.

I raise first the plight of those seeking international protection who have, shamefully, been left without accommodation. Several hundred persons now have no place to go, despite having arrived here seeking refuge. The Taoiseach will be aware that in my constituency, up to 40 tents are now camped in Mount Street outside the International Protection Accommodation Services office. I was there on Friday and the number has grown even since then. I have contacted the office of the Minister for Children, Equality, Disability, Integration and Youth about this and also Dublin City Council. Clearly, it is very distressing for those who are sleeping in tents on the street. It is also distressing for local residents, who are hugely compassionate and sympathetic to the plight of the individuals concerned. I am told by the Minister, Deputy O'Gorman's, Department that it is making intensive efforts to secure accommodation for those who are left homeless in this way but is finding the situation very challenging. Can the Taoiseach say he and his Government are providing sufficient support to the Department with responsibility for integration? Clearly not, if we are seeing so many hundreds of people left without any State-provided accommodation. I am conscious a court decision has already established that the Government is in breach of its obligations in failing to provide any accommodation to asylum seekers in this way.

I raise also the issue of the GAA and the way in which matches are broadcast. There is huge anger about the way in which championship hurling and football games are broadcast. My party colleague Deputy Kelly has proposed a constructive way around this. I know the Taoiseach responded to a question about this earlier. Why do we not broadcast these matches on Saorview and enable people to opt in for an additional €5, for example, on their licence fee? That would enable people to watch matches on their television screens rather than having to stream them.

We all accept family members and carers do a huge level of work, save the State a great deal of money, and facilitate people to live in their own homes and not in residential care or nursing homes. I have been canvassing lately and, judging by that and calls to my office, a large number of people are irate about how long it takes to get an adaptation grant or a disabled person's grant, and sometimes the amounts do not cover the work that is needed. We are not meeting these people where we need to. Louth County Council has told us it is suspending receipt of applications for various disabled persons' grant schemes due to vast oversubscription which exceeds both budgets and capacity to manage and process applications. That means we have neither the money nor the resources. We need to involve the HSE and ensure there is a review, possibly of the criteria and so on. We are failing a huge number of people and we really need to deal with this.

I have two points. First, given the scandal of both asylum seekers coming to this country who are now sleeping in tents and are not being provided with anywhere to go, and the issue of homelessness, especially now it is likely to get worse as a result of the eviction ban being lifted, how can it be that the Jurys Hotel building with hundreds of rooms has been just lying empty for years? It is really insulting, frankly, when there are people in tents and families are being told they have to sleep in a car.

Second, I have been contacted by people in Gorey about the shock decision to close the St. Aidan's Day Care Centre at Mulcahy House for 12 weeks. It is a respite service for north Wexford. The Taoiseach knows how much family carers save our society in providing care for their loved ones with disabilities, but they need respite services. Now, for 12 weeks, those respite services are going to close and, indeed, there is a fear they may never reopen because of difficulties in recruiting and retaining staff. Will the Taoiseach look at that issue? The families and people affected are absolutely shocked at this service closing.

Included in this grouping is a question about ethics reform. The Minister of State, Deputy Niall Collins, emerged today and, for the first time, answered some questions about his unethical behaviour, not from Deputies because he refused to do that and the Taoiseach shielded him in that decision, but instead from the media. So, for the first time, not on the Dáil record but to the media, the Minister of State admitted that in January 2007, when he participated in the decision to put land up for sale, he knew at that moment that his wife had expressed interest in buying that land. Does the Taoiseach agree his position as a Minister of State is now not tenable?

I can read for the Taoiseach from the code of conduct for councillors, which is crystal clear. It states:

...under the 2001 Act councillors must disclose at a meeting of the local authority or of its committees any pecuniary or other beneficial interest, (of which they have actual knowledge) they or a connected person have in, or material to, any matter with which the local authority is concerned in the discharge of its functions, and which comes before the meeting. The councillor must withdraw from the meeting after disclosure and must not vote or take part in any discussion or consideration of the matter or seek to in any other aspect influence the decision making of the Council.

The Minister of State has admitted it. He said he knew. He had knowledge at the time. It is absolutely black and white. He did not discharge himself. He did not declare the interest. How can he continue as a Minister of State?

In respect of the Focus Ireland legislation, as I said earlier, the Minister for Housing, Local Government and Heritage is going to consider it. He is considering some amendments to the Housing Act and it will be considered in that context. I know local authorities would argue they already do take into account the best interests of the child but perhaps that is not what happens on the ground, so we will give it some consideration. We are also giving consideration to Simon Community legislation that would assist people who are at risk of homelessness.

Deputy Dillon raised the issue of Garda resources in Mayo and other parts of the country. I certainly hear what he is saying, but I can give the assurance to the House that Garda numbers are growing again. Templemore college is open. There are more than 14,000 Garda members now. We are aiming for 15,000. We have funding for 1,000 additional recruits this year and, even when we take into account retirements and resignations, that will still see an increase in the total number of gardaí this year. We are also hiring more and more Garda staff, who free up sworn and uniformed gardaí for work, protecting the community and making our communities stronger and safer.

In regard to unaccommodated asylum seekers, the most impactful thing we can do is provide accommodation. We hope to be able to provide accommodation for a significant number of people next week through new accommodation which has been secured. For those who are unaccommodated at the moment, we have secured access to day services in Dublin, in the Capuchin Day Centre and Mendicity. There are also additional vouchers and easier access to the daily expenses allowance, and we are looking to secure access to night-time services as well. Again, we should not lose sight of the bigger picture. Nearly 100,000 people have come here in the past year from Ukraine and other parts of the world seeking our protection. Almost all of those have been accommodated, but we are now at the point where we cannot guarantee accommodation to everyone who comes here seeking asylum. That is just, unfortunately, the position we are in at the moment and we need to be honest with people about that, but we will do the best we can to provide shelter and we will turn nobody away.

In respect of the Saorview option Deputy Kelly raised, I do not know whether that is feasible or not. We would have to check with the experts but, certainly, somebody should check on it anyway. I welcome the suggestion and will make sure it is checked out as an option.

On the disabled person's grant, my understanding is an additional allocation was made in recent weeks, but I will check that with the Minister, Deputy O'Brien.

My understanding is the Jurys Hotel building is not available. I do not know the details behind that. I understand it is going to be redeveloped and is not available.

Again, I do not know the details in respect of the respite services in Gorey but I will let the Minister of State, Deputy Rabbitte, know it was raised in the House. It is concerning the service may close for a period. If it is down to staffing, that is a real challenge. We are at the point of full employment now in Ireland, and while I would much rather there be full employment than high levels of unemployment, it does mean everyone is short of staff. In the public sector and the private sector - every sector - and for well-paid positions and poorly paid positions, everyone is short of staff and that challenges us to change the way we do things and try to reform services, but that is very difficult when it comes to something like respite, which is inherently labour intensive.

Regarding the matters raised by Deputy Paul Murphy, it is my firm view that Ministers are accountable to the Dáil and should make statements and take questions about their actions. However, if it is the case that Ministers are accountable to the Dáil for actions that do not relate to their work as Ministers, that should apply to all Deputies and all Deputies should be willing to answer questions here in the Dáil and make statements.

Sure I said "Yes" you said "No", no problem.

That should be agreed across the board. We should also have fair rules on that; they are not always there. I do not think it is right that only Ministers should be required to attend to the Dáil, particularly when it does not relate to their ministerial functions which is what is being argued here. In the case of the Minister of State, Deputy Niall Collins, this relates to events of 16 years ago at the Bruff area committee. I understand that complaints have now been made to the Standards in Public Office Commission, SIPO. SIPO is the appropriate body to make a determination on this matter and we await its decision.

Commissions of Investigation

Ivana Bacik

Ceist:

13. Deputy Ivana Bacik asked the Taoiseach if he will report on the publication of the fifteenth interim report of the Irish Bank Resolution Corporation, IBRC Commission of Investigation. [19244/23]

Catherine Murphy

Ceist:

14. Deputy Catherine Murphy asked the Taoiseach if he will report on the publication of the fifteenth interim report of the IBRC Commission of Investigation. [21537/23]

I propose to take Questions Nos. 13 and 14 together.

The IBRC Commission of Investigation was established in June 2015 following consultation with Oireachtas parties to investigate certain transactions, activities and management decisions at the IBRC, beginning with the Siteserv transaction in its first module. The commission’s original deadline for reporting was 31 December 2015 but following requests from the commission and after consultation with Oireachtas parties, its timeframe for reporting was extended on multiple occasions.

The commission’s report on the Siteserv transaction was received in July 2022 and it was subsequently published and debated in the Dáil and Seanad. In October 2022, the then Taoiseach accepted the commission’s recommendation in its 13th interim report that it should not pursue investigation of the remaining 37 transactions covered by its terms of reference as it is of the view that no useful purpose would be served by investigating them. Accordingly, the commission’s investigation is now complete other than finalising its work on the costs payable to witnesses who appeared before it.

The commission originally envisaged that it would complete its work on costs by the end of March 2023 but in its 15th interim report, dated 16 March 2023, the commission requested an extension until the end of May 2023 to complete this work. I granted the commission’s request and arranged for a copy of its 15th interim report to be published and laid before the Houses of the Oireachtas.

From the time of its establishment in June 2015, to the end of March 2023, the commission spent approximately €13.1 million. This figure does not include third-party legal costs which have been incurred but not paid and which are a matter for the commission to determine. The final cost for the commission will become clear only when all the cost orders are made and when any possible legal challenges that may arise are resolved.

I thank the Taoiseach for the update. I note the extension has been granted until 31 May. Does the Taoiseach expect that deadline will be met? He has given some indication of costs to date but not including third party legal costs. Does he have any expectation of what the final legal cost is likely to be?

I also raise the proposed commission of investigation into abuse in the Defence Forces and the allegations raised by the Women of Honour. I will not raise those issues that may be subject to a criminal investigation. When does the Taoiseach expect draft terms of reference to be finalised? I know the Tánaiste has committed to engaging with the Women of Honour group but will the Government seek the input of the Opposition in advance of bringing those terms of reference to the Oireachtas?

This extension is to deal with the costs and any legal challenges, meaning this may not be the last extension. The IBRC Commission of Investigation was set up under the 2004 Act. That bespoke legislation effectively turned the commission of investigation into a tribunal but behind closed doors. It dealt with one of 38 transactions. A very comprehensive report found that the transaction was not commercially sound because it was so tainted by impropriety. We need to consider if we have the apparatus in the State to catch things in real time. For example, does the Corporate Enforcement Agency have the capacity where investigations are required to be done, including ones that actually will challenge some very powerful people? Do we need to revisit what apparatus we have? Despite the time it took, it dealt with only one transaction, albeit it was a very comprehensive report. We need either a Government or an all-party approach to looking at how we deal with things in a timely and cost-effective manner in the future. We either need to invest in real-time strong enforcement or we if we are going to be dealing with it through inquiries afterwards, those inquiries need to be cost effective and timely. I do not think we have that at the moment.

In its interim report, the commission noted that the State Claims Agency provides it with considerable assistance with witnesses' costs applications. Indeed, the agency is a significant entity in terms of purchasing legal services. It was previously reported that the State Claims Agency, the Office of the Attorney General and the Office of the Director of Public Prosecutions, DPP, had all refused to sign up to the Bar of Ireland's equitable briefing policy to promote equality of opportunity for female barristers. Is this still the case?

The Minister of State, Deputy James Browne, attended the launch of the Bar of Ireland's policy and told attendees that embedding gender equality, human rights, diversity and inclusion in the legal profession is a priority for Government. He also correctly said that actions speak louder than words. What action has Government taken over recent months to resolve this matter? Can we expect the State Claims Agency, the Office of the DPP and the Office of the Attorney General to sign up to the equitable briefing policy which includes a confidential reporting mechanism to monitor and measure progress? Can the Taoiseach offer us a rationale or a rational basis for the Attorney General, the DPP and the State Claims Agency refusing to sign up to this policy in the first place?

It is worth reminding ourselves what is the essence of this. What was being investigated was a massive rip-off and loss for the public to the tune of €118 million written off by IBRC, formerly Anglo Irish Bank, to the benefit of the Denis O'Brien-owned Siteserv. The fundamental conclusion is that the IBRC was misled by Siteserv directors over the transaction. The phrase "tainted with impropriety" is mentioned an incredible 44 times in the report. In that context, it is very unfortunate that 37 other transactions will not be investigated. They were identified on the basis that they were transactions where the bank suffered a net loss of at least €10 million each. Given the findings of what happened with Siteserv, whereby the public was definitely ripped off, there is a possibility that similar practices took place in those other instances. While I understand the complexity of pursuing some of these issues, simply to say "No, we can't go there" is quite unfortunate.

Tomorrow night the now multi-award-winning film about the Debenhams dispute will be shown here in the audiovisual room. The Taoiseach is invited, by the way, direct from the shop stewards. Vincent Browne will be hosting a question-and-answer panel afterwards. The film highlights very serious questions about, obviously, the treatment of the Debenhams workers, but also how the whole insolvency was handled - certainly questions and possible corporate impropriety for which those workers suffered very grievously. As I think I mentioned to the Taoiseach previously, I, some of the workers and some of the filmmakers brought to the Corporate Enforcement Authority some of the stuff we found out, some of which is portrayed in the film if the Taoiseach gets see it. It will go on general release in week or two.

This relates to Deputy Paul Murphy's point about Siteserv.

If somebody steals something in a shop, the police are called and the person can be chased up and potentially prosecuted and imprisoned very quickly. The Corporate Enforcement Authority, however, essentially has no resources to do anything. When we told it there are very serious questions, it said that while it took on board what we were saying, it was restricted in its ability to tell us if it even found anything. It was not even clear to me to whom it reports. The contrast between the way white-collar impropriety or outright crime is pursued as against what happens to ordinary people who may be accused of crime is pretty stark. This is what this sort of thing highlights. Does the Taoiseach not think this needs to be addressed as a matter of urgency?

Some of the Deputies asked about costs. From the time of its establishment until the end of March, the commission has cost €13.1 million, but this excludes third-party legal costs that have been incurred but not yet paid. These are a matter for the commission to determine. I do not have an estimate on that, unfortunately. Since it was established, the commission spent €6.2 million on its own legal costs, which related to two senior counsel and six junior counsel it is sanctioned to engage. All legal service fees are paid at the rates provided by the Government. The per diem rate for senior counsel is €788 per day and for junior counsel it is €394 per day. The commission also had sanction to engage on a consultancy basis the services of three independent experts at a rate of €150 per hour up to a maximum of €750 per day. One of the experts is still involved in the assessment of third-party legal costs claims received by the commission. The commission may also engage, as required, counsel to assist any litigations it is involved in. Up until the end of March, the commission issued 21 directions, with third-party legal costs to be paid to witnesses who appeared before the commission. The amount directed for payment by the commission was €1.5 million, approximately. The State Claims Agency has also sought recoupment from the Department in relation to each of the directions received, to the value of just under €800,000.

On the issues raised by Deputy Catherine Murphy around the appropriateness of commissions of inquiry more generally, we now have the Corporate Enforcement Authority and the Garda National Bureau of Criminal Investigation. I am not sure commissions of investigation are the best means by which to examine commercial transactions. The suggestion has been made that we would have a more permanent inspector for public inquiries. This would require detailed consideration. It was considered by the Law Reform Commission in 2005. That listed some advantages and disadvantages. Having done so, the commission did not recommend the establishment of a permanent inspectorate. It did, however, recommend the establishment of a central inquiries office that would be charged with collecting and managing a database of records and information with regard to public inquiries. This would provide those charged with establishing and running public inquiries easy access to precedents and guidance on a wide variety of matters pertinent to their inquiry, including legislation, procedural issues, the drafting of terms of reference, and administrative matters. It should be borne in mind that the Law Reform Commission report was published in 2004, only one year after the Commissions of Investigation Act was enacted. Since then a lot has happened and a lot has changed. We have a lot of experience now of how commissions do, and sometimes do not, work.

On the wider question of white-collar crime and corporate enforcement, as raised by Deputy Boyd Barrett and others, the Government is ensuring we have a regulatory framework that promotes and ensures a culture of compliance and good ethical standards in matters of both public and corporate affairs. For example, last year as the Minister for Enterprise, Trade and Employment, I established the Corporate Enforcement Authority, which has autonomy and resources to thoroughly investigate suspected corporate wrongdoing. We are increasing staffing levels by nearly 50%, doubling the number of gardaí, and the authority's budget has been increased by nearly 30%.

An all-of-government implementation plan is in place to progress the recommendations of the Hamilton review into economic crime, which was published back in April 2021. It sets out 22 actions to enhance enforcement and prevention capacity in the criminal justice sphere. Six of those actions are already completed and a number are advanced. I will give the House a few examples of what has been done.

The Criminal Procedure Act was enacted in 2021. That allows for pretrial hearings to take place, which will improve trials for white-collar crimes, organised crime, and other complex offences, and will make it less likely for juries to be sent away during the trial, making the court process faster and more efficient. The Judicial Council has been engaged on the development of judicial training for complex economic crime and corruption cases. The advisory council against economic crime and corruption was established last summer. It is chaired by former Director of Public Prosecutions, Mr. James Hamilton. There is also a forum of senior representatives from the relevant operational bodies, which was established in June 2021. That forum meets quarterly to discuss issues of shared concern. It also feeds into the work of the advisory council against economic crime and corruption. The Competition (Amendment) Act was signed into law last year, again during my term as the Minister for Enterprise, Trade and Employment. This strengthened considerably the powers of the Competition and Consumer Protection Commission. Budget increases have been provided to the Office of the Director of Public Prosecutions to augment staffing and resources to deal with the increased workload relating to changes in the nature and volume of criminal investigation files received by An Garda Síochána and other specialised investigative agencies. Budget 2023 also provided for the allocation of five extra staff to the special financial crime unit.

I also asked about the equitable briefing policy and the failure of the Office of the Director of Public Prosecutions and other offices to sign off.

I apologise to the Deputy. I do not believe I have the answer to that question but I will come back to the Deputy by correspondence on that.

I appreciate that.

There were a number of questions here, the responses for which did not relate to the Irish Bank Resolution Corporation commission of investigation, so I might come back to Deputies by correspondence if that is okay.

I thank the Taoiseach.

Cabinet Committees

Seán Haughey

Ceist:

15. Deputy Seán Haughey asked the Taoiseach when the Cabinet committee on European Union and international affairs will next meet. [19385/23]

Ruairí Ó Murchú

Ceist:

16. Deputy Ruairí Ó Murchú asked the Taoiseach when the Cabinet committee on European Union and international affairs will next meet. [20528/23]

Mary Lou McDonald

Ceist:

17. Deputy Mary Lou McDonald asked the Taoiseach when the Cabinet committee on European Union and international affairs will next meet. [20324/23]

Mick Barry

Ceist:

18. Deputy Mick Barry asked the Taoiseach when the Cabinet committee on European Union and international affairs will next meet. [20683/23]

Richard Boyd Barrett

Ceist:

19. Deputy Richard Boyd Barrett asked the Taoiseach when the Cabinet committee on European Union and international affairs will next meet. [21529/23]

Paul Murphy

Ceist:

20. Deputy Paul Murphy asked the Taoiseach when the Cabinet committee on European Union and international affairs will next meet. [21532/23]

Bríd Smith

Ceist:

21. Deputy Bríd Smith asked the Taoiseach when the Cabinet committee on European Union and international affairs will next meet. [21535/23]

Ivana Bacik

Ceist:

22. Deputy Ivana Bacik asked the Taoiseach when the Cabinet Committee on European Union and international affairs will next meet. [21485/23]

Mick Barry

Ceist:

23. Deputy Mick Barry asked the Taoiseach when the Cabinet committee on Europe will next meet. [21669/23]

I propose to take Questions Nos. 15 to 23, inclusive, together.

The Cabinet committee on EU and international affairs was established by the Government on 18 January 2023. Its role is to oversee the implementation of programme for Government commitments relating to the European Union and international issues. The committee generally meets in advance of meetings of the European Council and we expect it will do so again ahead of the meeting that will take place in Brussels at the end of June.

What are the Taoiseach's views regarding ongoing reports of Russian ships operating off Ireland's west coast, including in our exclusive economic zone? Only last week, four Russian navy and merchant ships were observed close to undersea cable sites. Clearly this must be seen as a threat to the flow of global digital communications in particular. We are now all aware of the threats posed by Putin and the role of hybrid warfare. As I understand it, our critical infrastructure includes natural gas subsea interconnectors, an electric subsea interconnector, and subsea cables that make up our telecommunications infrastructure, many of which link Europe and the United States of America.

What are our Defence Forces, in particular our Naval Service, doing in this regard? Is enhanced maritime patrolling taking place? Have the Defence Forces the necessary capabilities to undertake this work? Is this something that will be examined by the consultative forum that was recently established by the Tánaiste concerning foreign security and defence policy? I am conscious there is an EU directive, the network and information security, NIS, 2 directive, relating to this area. I am interested in the Taoiseach's views on this matter.

I, too, wish to follow up on the Russian ships in Irish waters. We have already heard mention today of the secret air defence agreement with the RAF. There needs to be far more discussion of that and the whole question of military non-alignment. It raises the question of capacity. Considering the humanitarian operation, and we can see much good work was done in Sudan, there are questions to be asked. We have had the Commission on Defence Forces and we live in an age of hybrid and cyber warfare, so we need to make sure we have a review of the dangers we face and the capacity to deal with them.

I need to make an apology. When I brought up the issue of the GAA, I did not mention and wish luck to the players and management of the Louth team. We are hoping for far better luck in the Leinster final than we have had in previous times.

Continue to hope.

I will have to agree to differ with Deputy Ó Murchú on some of that. Two years ago, the European Commission sought to block a citizens' initiative calling for the EU to regulate commercial transactions with illegal settlements. This wrongful act was nullified by the European Court of Justice. Last month, the European Parliament's Committee on Petitions unanimously agreed that the Commission must respond to a petition on EU trade with illegal settlements and that the Committee on International Trade should consider backing a ban. Countries, including Ireland, have a duty under international humanitarian law not to legitimise, albeit indirectly, the transfer of civilians into settlements in the occupied territories, yet that is the shameful outcome of Irish and EU trading policy.

Now that the Commission has been forced to recognise its obligations under international law, surely it is time for the Government to take similar action in the context of its responsibilities by supporting the occupied territories Bill. Under this Bill, trading with illegal settlements would be banned. Will the Government do the right thing of its own volition or will it be forced into a correct course of action? What actions will the Government take to ensure the Ireland Strategic Investment Fund, ISIF, divests its holdings in companies on the UN database of companies with business ties to illegal Israeli settlements in the occupied Palestinian territories?

Yesterday, 40 Israeli jets took part in a bombing operation in Gaza that claimed the lives of three senior officials from the Palestinian group Islamic Jihad and nine civilians, including three children. This comes on top of the most deadly year in decades in the West Bank where, day in, day out and week in, week out, Israel has launched military raids into Palestinian territory, towns, refugee camps and so on. Nothing is done. The European Union does nothing. The Government calls for nothing to be done. We moved immediately on sanctions against Russia, and say repeatedly that we need them, for what it has done in Ukraine. Indeed, we call for the Ukrainian army to resist an illegal occupation of its territory but we say nothing about the right of Palestinians to resist, day in, day out and week in, week out, illegal occupation of their territory, illegal military raids, illegal bombing raids and a siege of Gaza. The list of Israel's crimes goes on. When will there be some consistency in the foreign policy of this Government or the European Union?

Ireland is now the third country in Europe in the context of the number of European works councils, EWCs, based here. It is a requirement under EU law for major corporations to have councils for, effectively, consultation and discussion with their employees. After Brexit, a substantial number of companies moved their EWCs to this country. Millions of workers, therefore, are affected by how EWCs operate here. In recent weeks, we have seen major lay-offs by tech multinationals. We have seen the danger that Ireland will be used as the wild west with regard to workers' rights, as part of a race to the bottom affecting workers here and right across Europe.

The European Commission has found that our legislation on EWCs, particularly as regards disputes, does not live up to the EU directive and has sent a formal notice to that effect to the Government. What is the Government doing to ensure that our legislation meets EU standards, especially as regards allowing for disputes to be taken by EWCs? A significant first case was taken to the Workplace Relations Commission, WRC, last week, the finding of which highlighted many issues regarding legislation. One conclusion was that a code of practice on EWCs should be in place. Will the Government commit to introducing such a code of conduct, as exists in many other European countries? Another conclusion of the WRC decision was that the chairpersons of EWCs were effectively shouldered with half the costs of training themselves, which goes against the whole basic principle that it is the company that pays for training and other things to do with the EWC.

I raise the issue of Russians ships off our coast, as others have done. I express concern about this. It is of a particular concern when we note just how brutally Russia continues to bombard Kyiv and other Ukrainian cities this week, more than a year after the brutal invasion of Ukraine. I express solidarity with the people of Ukraine as this awful war continues.

What is the Government's position on the occupied territories Bill? A picnic organised by Amnesty International will take place tomorrow outside Leinster House to highlight the apartheid against the Palestinian people and ongoing repressions of Palestinians by the Israeli Government. I note my solidarity with all those impacted by the violence in Gaza and the occupied West Bank. I again ask when the Government will undertake further progress of the occupied territories Bill. Others have raised this issue. It is supported on a cross-party basis. It was initiated by Senator Frances Black in the Seanad. I had the honour of supporting her, as others did. It is long past time to take a lead on that.

I ask for a update on Bernard Phelan, the French-Irish citizen who has been sentenced to six and a half years imprisonment in Iran and on whose behalf many efforts are being made to secure his release. What is the Government doing to ensure he is released in a speedy fashion?

Once again, I thank Deputies for their questions. Deputy Haughey raised the issue of Russian vessels operating off our coast. These vessels are in international waters rather than our territorial waters. They are permitted to be there but they are operating in our exclusive economic zone, which is of particular importance to us. The Naval Service and Air Corps are monitoring them. We obviously co-operate with our EU allies and have access to satellite information as well. As Deputies pointed out, many subsea telecommunication cables run along the seabed in our exclusive economic zone. There is a concern that they could be interfered with if there is an escalation in hostilities between Europe and Russia, particularly in view of the damage that was done to the Nord Stream pipelines. However, it is just a concern at this stage. We have no evidence as yet of any hostile act. It is a situation that has to be monitored carefully, but it is important we do not escalate it. It is a concern and we are monitoring the situation but, again, we have no evidence yet of any hostile acts by Russian forces or vessels regarding Ireland.

On the trade matters raised by Deputy McDonald, I will have to seek advice on the implications of that European decision for Ireland. I will certainly do that. I have read about it in the papers but have not seen anything formally as regards a briefing as yet. When it comes to the occupied territories Bill, the Government's view is that trade is an exclusive EU competence. Any trade sanctions imposed on any country should be done at European level and not unilaterally by Ireland as a member state. Indeed, such action may even be a violation of the treaties. There was advice from a previous Attorney General on that.

The issue of the ISIF mandate was also raised by Deputies. Legislation has been passed to prevent ISIF from investing in fossil fuels, for example. I am not sure whether any legislation exists as regards its remit with respect to other countries. I will have to check with the Minister for Finance, Deputy Michael McGrath, on that. If we do make it part of its mandate, I do not think it would be right to target any one country. We would have to look at it in the round and make sure, if its mandate prevents it from investing in some countries or some parts of some countries, that we do not single out any particular country but look at things in the round and maybe have a list. I do not know enough about the detail of ISIF's investments to comment any further but I will certainly let the Minister know it was raised in the House.

I received some briefings on the EWCs in correspondence with the Irish Congress of Trade Unions in my former role as Minister for Enterprise, Trade and Employment. Things may have moved on a little since then. The file is now being handled by the Minister of State at that Department, Deputy Richmond. I will let him know it was raised and ask him to come back to Deputies by correspondence.

I am very much aware of the case of Mr. Phelan, who is being detained in Iran. The Department of Foreign Affairs is working on it and we are doing all we can to ensure that man is released as soon as possible. We are aware that he is in poor health, and we are concerned about that. As Deputies will be aware, however, Iran is not the friendliest of regimes towards Ireland at the moment, and vice versa. Nevertheless, we are doing all we can and hope the issue will be seen as a humanitarian one and set aside politics in the interests of a man who is very sick and needs to get home to his family.

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