Ruairi Quinn (Dublin South East, Labour)
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It is proposed to take No. 8b, motion re appointment of members to committees, No. 8c, motion re referral to select committee of proposed approval by Dáil Éireann of the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2010, No. 8d, Finance (No. 2) Bill 2011 – Financial Resolution, No. 10 - Finance (No. 2) Bill 2011 - Committee and Remaining Stages and No. 10a - statements on the fair deal scheme.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. tonight and business shall be interrupted on the conclusion of Question Time which shall be taken for 75 minutes on the conclusion of No. 10a, and in the event of a private notice question being allowed, it shall be taken after 45 minutes; and the order shall not resume thereafter; Nos. 8b, 8c and 8d shall be decided without debate; the Committee and Remaining Stages of No. 10 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 5.30 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Finance; the proceedings in relation to No. 10a shall, if not previously concluded, be brought to a conclusion after 45 minutes and the following arrangements shall apply: (i) the statements shall be confined to a Minister or Minister of State and to the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order and who may share their time and shall not exceed ten minutes in each case; and (ii) a Minister or Minister or State shall be called upon to make a statement in reply which shall not exceed five minutes.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal that the Dáil shall sit later than 4.45 p.m. agreed? Agreed. Is the proposal for dealing with Nos. 8b, 8c and 8d agreed? Agreed. Is the proposal for dealing with No. 10 agreed?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not agreed.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Government said there would be reform in the House and that it was opposed to the use of the guillotine. What overriding urgency attaches to the Bill that requires the guillotine? If there is some overriding urgency, why was the Bill not introduced a week earlier so the debate would not have to be guillotined, in particular on the very important Committee and Report Stages?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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We also object to the imposition of the guillotine in regard to the Bill. There are 39 amendments to come before the House today. How many of them will be properly addressed? I understand that some have been disallowed because of the usual argument that they may result in a charge. However, it is not in any way defensible that a guillotine has been applied to this or any other Bill at this time.

It is inexcusable that the current coalition, which has continuously and vociferously opposed the imposition of guillotines even in the final weeks before a recess when the tradition of previous Governments seemed to be to try to rush through a list of legislation without proper debate, proposes to use the guillotine. It is not acceptable that the guillotine is being applied in this case and we will oppose it. We urge the Government to lift it.

Joe Higgins (Dublin West, Socialist Party)
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This is the second guillotine in as many days imposed by the Government. In the first week or two of this Dáil and in the programme for Government it made a virtue of the fact that guillotines would not be used in this manner and that there would be adequate time afforded for discussion on serious issues. It seems as if the reputation of the Government of being continuity Fianna Fáil is increased by the fact that it is continuing the bad tradition of using multiple guillotines from previous Dála, including one of which I was a Member.

What is the explanation for this? Can we have adequate time to deal with these critical issues? If the Government proposes to continue to hammer the living standards of working people on behalf of bailing out European bankers and speculators we at least need time to tease it out and bring to its attention the dire consequences for ordinary people of what it is proposing.

Ruairi Quinn (Dublin South East, Labour)
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I have heard what the Opposition Deputies have said. The Bill is urgently needed. Its purpose is to give effect to the jobs initiative which is a job creation programme of €500 million. We already had an extensive debate in the House on the jobs initiative. The tourism industry in particular is awaiting VAT changes in order to promote growth and job creation. The policy content of the jobs initiative has been extensively debated in this House. Jobs are a priority for this Administration and we make no apology to anybody for that. We want to introduce the legal and financial measures necessary to make this effective.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with No. 10 agreed?

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the proposal for dealing with No. 10a, Statements on the fair deal scheme, agreed to?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is not agreed.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Ó Caoláin.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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This is a hugely important issue, but we are no closer to the full exposure of what has really happened concerning the missing moneys allocated for the fair deal over the first five months of this year. The Minister for Health himself acknowledged this yesterday when he stated that he had not yet got to the root of the money trail. The Minister, Deputy Reilly, said he was still not happy that he had found out everything and he said he would keep at this until he did. He also referred to "pots of money" and "pilfering", although that was not his second choice to describe it.

There is no provision in what is offered here in proposal No. 4 for questioning the Minister. It only provides for statements with a five-minute statement from the Minister or Minister of State to conclude. It does not and will not accommodate what is necessary to get to the real facts at the core of this issue, which is causing distress for many older people and their families throughout the State.

I have to say that unless the Government can provide for a proper question and answer opportunity for Deputies, we cannot support this proposal. It is clearly an inadequate address of one of the most serious issues presenting at this time. I am appealing to the Minister, Deputy Quinn, to indicate that a question and answer opportunity will be added to the proposed statements.

Joe Higgins (Dublin West, Socialist Party)
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Putting vital issues such as this at the tail-end of work on a Thursday is not acceptable. I will not reiterate the arguments that have just been made but I agree with them. The Government should make sufficient time available and, if necessary, extend it into next week when perhaps there will be more information. This is all the more critical in view of the tragic situation of yet another nursing home that has had to be taken in hand by the health authorities.

Éamon Ó Cuív (Galway West, Fianna Fail)
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We will accept the proposal on the Order of Business if we get a clear undertaking that when the review is completed there will be a thorough debate, with questions and answers on the floor of the House, so that we can go through this issue completely. I would like the Minister's assurance that will happen.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With respect, a Cheann Comhairle, the review was to conclude last Friday and the report is with the Minister. The fact that it has not given all the answers does not mean that this can go on indefinitely. It cannot go on indefinitely.

Jerry Buttimer (Cork South Central, Fine Gael)
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What about the fair deal?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Deputy may need the fair deal himself one day.

Jerry Buttimer (Cork South Central, Fine Gael)
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The Deputy is right, I will.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call the Minister, Deputy Quinn, to reply.

Ruairi Quinn (Dublin South East, Labour)
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Every Deputy in this House is concerned with the revelations that €100 million, which was required for the fair deal scheme, seems to have got lost within the HSE. Nobody has said that more articulately than the Minister for Health. The statements will take place this afternoon, but there are time constraints. If, after the statements, it is the view of Deputies participating in the debate that additional time is needed, as additional information is made available, I have been assured by the Minister for Health that he will be happy to do so.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That does not address the need today.

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am sure the Minister like every other Deputy in the House listened with horror to the unfolding details of what happened in Rostrevor House. When one hears about people crying out in fear and an elderly man being kicked while on the floor by somebody who is meant to look after him, we all feel very sickened and angered. I know that everybody in the House shares the concern-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I appreciate this is a serious matter but we are on the Order of Business dealing with matters of promised legislation.

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am coming to that.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Will the Deputy come to it please?

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am. I recognise the work done by HIQA in dealing with the issue and closing the house but a question arises as to how it got the all-clear in 2010. Much of the coverage was around the fear the staff had of referring this issue. The Government has promised legislation on whistleblowing and there is protection in Health Acts for whistleblowers but I ask that the Government considers if there is a need for a short-term amendment of the Health Acts to make sure that health workers in all sectors feel protected if they in turn protect people by whistleblowing and, second, there is a need to inform workers that they are protected in law if they get involved in whistleblowing. It is important we would not wait for the substantive Bill, the completion of which will take some time and that we could do this by agreement before the summer recess.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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On the same issue, people are rightly appalled at the allegations of abuse at Rostrevor House. It would remiss of us not to acknowledge the courage of those who brought these abuses to the attention of the appropriate authorities. We should note from the information already provided that these were immigrant workers - all the more credit due to them therefore because their position would not have been as solid as that of somebody from the domestic workforce. In view of this it is hugely important that the whistleblowers legislation is brought forward. It has been talked about and was promised for some considerable time by the former Government and again by the incoming coalition Government. I join the last speaker in urging the Minister and the Government to fast-track the whistleblowers' legislation in order that people will have the courage and the certainty of their positions in coming forward with critical information as in this instance.

On a second matter-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We will deal with that issue first.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Okay.

Ruairi Quinn (Dublin South East, Labour)
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Every Deputy in the House would share the concern that Deputy Ó Cuív expressed. I am conscious that this matter may become sub judice and there may be proceedings so we all should be careful as to what we might say here.

On the specific question of whistleblowers' legislation, the Labour Party when in opposition under my ministerial colleague, Deputy Pat Rabbitte, proposed specific legislation arising from similar incidents going back nearly ten years. Unfortunately, the Government of which the Deputy Ó Cuív was a member for a while chose not to implement that legislation. I understand what the Deputy said about the necessity to bring in legislation, perhaps sector by sector, because the alternative would be to have an omnibus item of legislation which has proven to be very cumbersome.

It is clear that we need whistleblower legislation not only in this sector but in other sectors. We have stated in the programme for Government that, "We will introduce whistleblowers' legislation [and that] we will put in place a Whistleblowers Act to protect public servants that expose maladministration by Ministers or others". That legislation will be accelerated but I am not in a position to say when it will be introduced.

Éamon Ó Cuív (Galway West, Fianna Fail)
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A Cheann Comhairle, very briefly-----

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We are not having a debate on this issue now.

Éamon Ó Cuív (Galway West, Fianna Fail)
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No, not a debate, just another point.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Deputy got an answer to his question about whistleblowers' legislation.

Éamon Ó Cuív (Galway West, Fianna Fail)
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There is already a whistleblower provision in the 2007 Health Act but it might need strengthening. In advance of the introduction of the broader whistleblowing Bill, could an amendment, if necessary, be brought in to copperfasten the position of people in the health sector? I do not believe anybody wants to leave matters as they are over the summer wondering if somebody in a care home is being mistreated. It is important to examine that issue and to see if we can build on the existing whistleblowing legislation in the 2007 Health Act and move forward.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In regard to the oversight of the conduct in nursing home and the management of same, it is important that we realise that we cannot depend on HIQA alone to establish best standards. Surely there must be some other additional mechanism of oversight and inspection of nursing home provision across the country. HIQA could not cope with the full extent of that observation of behaviour within all these various institutions. Will the Minister for Health, who is seated near the Minister, indicate a willingness to insure that there is provision or proper oversight of the governance of nursing homes and that inspections take place without prior notice on a reasonably regular basis?

Ruairi Quinn (Dublin South East, Labour)
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We should take some small degree of comfort from what has happened, in that the Health Information and Quality Authority, HIQA, has acted on the matter. I have noted Deputy Ó Cuív's comments and I am informed that the proposals for the legislation are well advanced. If they are not sufficiently well advanced, the Deputy's proposal will be taken into consideration by the Minister.