Dáil debates
Wednesday, 18 February 2015
Order of Business
12:10 pm
Enda Kenny (Mayo, Fine Gael)
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It is proposed to take No. 6, Environment (Miscellaneous Provisions) Bill 2014 - Second Stage (resumed); No. 7, Teaching Council (Amendment) Bill 2015 - Order for Second Stage and Second Stage. Private Members’ business shall be No. 68, Road Traffic (Amendment) Bill 2015 – Second Stage (resumed), to conclude at 9 p.m. tonight, if not previously concluded. Tomorrow’s Business after Oral Questions shall be: No. 1, Irish Collective Asset-management Vehicles Bill 2014 - amendments from the Seanad; and No. 7, Teaching Council (Amendment) Bill 2015 - Order for Second Stage and Second Stage.
Micheál Martin (Cork South Central, Fianna Fail)
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It is appropriate to condemn the major incident yesterday involving a prisoner from Portlaoise Prison who violently attacked two prison officers while attending a hospital appointment and subsequently escaped. Can the Taoiseach confirm that every support will be given to those prison officers and that they will receive full payment while unable to work and while they recover from this horrific incident? Will the Taoiseach also confirm there will be a review of the procedures for prisoners with a history of violence and how they are assisted with hospital visits? This person was a well known violent criminal. He has a history of violence and on his last two visits he was accompanied by armed officers. In this context, when will the Garda Síochána (compensation for malicious injuries) Bill be published?
On promised legislation, will the Taoiseach inform the House of the outcome of the deliberations of the group that was set up to examine the motorised transport grant and mobility allowance? This involves some 5,000 people and was promised two years ago. In a reply from the Minister of State at the Department of Health, it was stated that the Government decided from the preparatory work that this required a new travel subsidy scheme and that the associated statutory provision should be progressed by the Minister for Health. Legislation was promised in the reply, which stated that once a policy proposal had been finalised and approved, the timeframe for the introduction of a new scheme would become clear. The response is a masterpiece in departmental speak, but I seek clarity on the issue.
When will the legislation dealing with this matter, which has been ongoing for some time now, be published? We need certainty for those in receipt of the allowances.
12:20 pm
Enda Kenny (Mayo, Fine Gael)
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I would like to express the sympathy of the House to the families of the prison officers who were attacked and stabbed by the prisoner concerned. They showed, as do all prison officers at all times, great courage in dealing with a very difficult situation. I trust that they will make a full recovery. The Minister for Justice and Equality has asked for a full report on this matter. The priority is the return of the prisoner as soon as possible. On presentation of the full report to the Minister she will follow through on the matter with the Garda and prison authorities.
The health (transport support) Bill is due for publication later this year. It is included in the Department of Health's legislative programme for 2015. Work is under way on the policy proposals to be brought to Government for the drafting of primary legislation for a new scheme. When the policy proposals have been finalised and approved by Government the timeframe for publication of the Bill will become clearer. In the meantime, the monthly payment of €208.50 continues to be made by the HSE to the 4,700 people who were in receipt of the mobility allowance at the time it was closed-off.
Micheál Martin (Cork South Central, Fianna Fail)
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Did the Taoiseach say that the timeframe for the health (transport support) Bill would become clearer soon?
Enda Kenny (Mayo, Fine Gael)
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The Bill is included in the Department of Health's legislative programme for 2015 and so should be published later this year.
Gerry Adams (Louth, Sinn Fein)
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I commend and endorse the Taoiseach's comments regarding the two injured prison officers and extend best wishes to them and their families. I cannot help wondering if the absence of armed Garda officers on this occasion was due to Government cuts. I do not know if that is the case.
I have a couple of questions in regard to the International Protection Bill, the report of the McMahon working group and the Criminal Justice (Spent Convictions) Bill. The Criminal Justice (Spent Convictions) Bill 2012 allows sentences of 12 months or less for certain types of offences to be spent. The Bill was published in May 2012 and has been awaiting Report Stage since November 2013, the reason for which we are told is because the Department is awaiting a British Court of Appeal decision. As I understand it, that decision was given two years ago. This legislation is a step in the right direction in supporting the reintegration of ex-offenders into society. When will Report Stage of that Bill be taken?
Last Friday, along with other colleagues of the Oireachtas, I again visited the Mosney direct provision centre. Does the Taoiseach have a firm date for publication of the International Protection Bill? The two issues that again emerged from the visit to the Mosney centre are that parents continue to be denied child benefit and women who come from a culture in which it is forbidden that they be treated by a male GP are being denied their right to access to a female GP. Also, those who are sick, even though they receive only €19.10 per week, have to pay €2.50 for each prescription item. Some of the women concerned have children who were born in and have lived all their lives in semi-captivity in this direct provision centre, without any status whatsoever. When will the McMahon report be published, and when published will its content be debated in the Dáil?
Enda Kenny (Mayo, Fine Gael)
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The McMahon group is expected to report by Easter. There will be an opportunity to debate that report when published. All of the issues raised by Deputy Adams are being considered by the working group, including through engagement with the Departments, where relevant, and the NGOs. I expect that the International Protection Bill will be dealt with subsequent to the McMahon report being made available.
On the Criminal Justice (Spent Convictions) Bill, there have been a number of engagements between the Department and the Attorney General's office in regard to a number of amendments to the Bill, including its relationship to the vetting Bill. Work on the Bill is under way.
On the prisoner escape issue, this is not based on cutbacks. These matters are reviewed on a regular basis between the Garda and the prison authorities. As I said, the Minister for Justice and Equality has asked for a full report on the matter and will follow through on it.
Michael Kitt (Galway East, Fianna Fail)
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In regard to the commemoration events, has any thought be given to an appropriate way to mark the centenary of the birth of Walter Macken, a renowned novelist and playwright who rose to international prominence? Many people in Galway and the west have brought this matter to the attention of the Minister for Arts, Heritage and the Gaeltacht. Has the Government considered this proposal?
Enda Kenny (Mayo, Fine Gael)
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It is a long time since I read his books. I thank the Deputy for raising this issue. The birth of W.B. Yeats and others is commemorated but that is not the case in regard to Walter Macken. I will have the matter raised with the Minister for Arts, Heritage and the Gaeltacht. There is a range of opportunities for communities all over the country to commemorate many of these issues in an appropriate way. I will refer the matter to the group tasked with considering all of these issues.
Joe O'Reilly (Cavan-Monaghan, Fine Gael)
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What is the status of the apprenticeship Bill, bearing in mind the current shortage of apprentices? We need to modernise our apprenticeship system for sound economic and educational reasons and to provide simulated apprenticeships in particular areas. During his visit to Cavan-Monaghan last week the Taoiseach will have seen how the ETB there has adjusted to the modern situation in terms of providing training and apprenticeships.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy has made his point.
Joe O'Reilly (Cavan-Monaghan, Fine Gael)
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This legislation is very important from an education and economic point of view. I am anxious to see it progressed.
Enda Kenny (Mayo, Fine Gael)
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The Deputy is correct that I saw first-hand the work being done by the Cavan-Monaghan ETB. The Minister of State, Deputy English, expects to receive proposals by the end of March on new ways of addressing apprenticeship requirements, which evolve on an ongoing basis because of the nature of industry and business. On receipt of the proposals, the Minister, Deputy English, will bring them to Government and this House for debate.
Dara Calleary (Mayo, Fianna Fail)
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On the events of yesterday involving the prison officers, I, too, extend my sympathies to all concerned. In 2012, I introduced the Assaults on Emergency Workers Bill, which provided for additional protection for gardaí, nurses and prison officers who in protecting society put their lives in danger. The Government voted down that legislation because of technical difficulties and also because at that time it was awaiting a report on mandatory sentencing from the Law Reform Commission. The need for greater protection of our emergency workers has increased since 2012. Where are we at in terms of mandatory sentencing and would the Taoiseach be willing to take another look at my Bill if I reintroduced it?
Enda Kenny (Mayo, Fine Gael)
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I do not have a date in regard to the mandatory sentencing report referred to by the Deputy. I recall the Bill introduced by him. The events yesterday are the subject of a full report to be presented to the Minister for Justice and Equality. As I said, issues such as prisoner transport are regularly reviewed by the Garda and the prison authorities. It might be wise to await that report before making any further comment. I thank the Deputy for his expressions of sympathy to the prison officers who were attacked.
Robert Troy (Longford-Westmeath, Fianna Fail)
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The Child and Family Relationship Bill which I understand will be brought before the House next week acknowledges the new composition and make-up of families in Ireland versus the traditional family. When will the family court Bill, to reform our family courts and to provide for a consistent approach by them in ensuring the best interests of children are taken into account at all times, be published?
12:30 pm
Enda Kenny (Mayo, Fine Gael)
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I do not have a date for the Deputy, but the groundwork is being done on it. The Child and Family Relationships Bill will be the subject of discussion on Second Stage next week. I can advise the Deputy in due course on the extent of progress made in the preparation of the Bill on the family law courts.
John McGuinness (Carlow-Kilkenny, Fianna Fail)
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The National Standards Authority of Ireland in its regulations has imposed major costs on the commercial vehicle body building sector. As a result, some firms have paid €20,000 to receive the appropriate certification. Having achieved it, they are unable to have the certificates passed by the National Standards Authority of Ireland to sell a vehicle and have it registered. I ask the Taoiseach to allow time in the House to debate the issue because it is affecting small firms all over the country. They have appealed to the Department and the National Standards Authority of Ireland. It has become a major issue since October, but nothing has been done about it. I ask for immediate action to protect the industry and the jobs it provides.
Enda Kenny (Mayo, Fine Gael)
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It is a valid point that the Deputy raises. I suggest to him that he submit a Topical Issue request-----
John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Can the Taoiseach not ask the Minister sitting beside him?
Enda Kenny (Mayo, Fine Gael)
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-----and the Ceann Comhairle might be able to accommodate him at some point in the future.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I will keep an eye out.
Mattie McGrath (Tipperary South, Independent)
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On the water services Bill and the bits that must be tidied up in the November 2014 package, it is rumoured that the company installing meters is pulling out. They are more than rumours. The company will not continue because of many issues, but the main one is the lack of work and payment.
The judicial council Bill is supposed to provide effective remedies for complaints about judicial misbehaviour. There is a new Court of Appeal.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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We will not get into that issue.
Mattie McGrath (Tipperary South, Independent)
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I visited a farmer in prison. He has tried to have his case raised in all courts, including the High Court, the Supreme Court and the new Court of Appeal.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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I do not think the legislation deals with that matter.
Mattie McGrath (Tipperary South, Independent)
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There is movement backwards and forwards but no clarity on the role of the new Court of Appeal. As there is vagueness, I ask the Minister for Justice and Equality to provide clarification on its role.
Enda Kenny (Mayo, Fine Gael)
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Both Bills are due to be published this session. The Court of Appeal is up and running, as the Deputy is aware.
Mattie McGrath (Tipperary South, Independent)
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It is up but not running.
Enda Kenny (Mayo, Fine Gael)
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It is doing very effective work in dealing with many cases.
Mattie McGrath (Tipperary South, Independent)
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It is all over the place.
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is working its way through the backlog.
Mattie McGrath (Tipperary South, Independent)
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It is going nowhere.
Willie O'Dea (Limerick City, Fianna Fail)
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A section in the programme for Government concerns political reform. One of the promises made is: "We will introduce a role for the Ceann Comhairle in deciding whether a Minister [which I presume includes the Taoiseach] has failed to provide reasonable information in response to a question". Has it been introduced and, if not, when will it be introduced?
Brian Stanley (Laois-Offaly, Sinn Fein)
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He will be busy.
Enda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle has already made rulings on that issue.
Willie O'Dea (Limerick City, Fianna Fail)
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Excuse me.
Enda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle has already ruled, on a number of occasions, that Ministers did not provide adequate information.
Dara Calleary (Mayo, Fianna Fail)
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Has the Taoiseach been sent to the corner?
Willie O'Dea (Limerick City, Fianna Fail)
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I cannot remember it being invoked. This morning, when the Taoiseach was answering questions about lone parents, provided a classic example of where it should have been invoked.
Enda Kenny (Mayo, Fine Gael)
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The Deputy can check the record.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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It is Standing Order 40A and I have dealt with a number of such requests.
Willie O'Dea (Limerick City, Fianna Fail)
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May I invoke it?
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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At any time.
Willie O'Dea (Limerick City, Fianna Fail)
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The Taoiseach did not provide proper information this morning in reply to Deputy Micheál Martin.
Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy should write in the normal way and the matter will be considered appropriately. If he makes a formal complaint in writing, I will look at it.
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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No. 68 in the Government's legislative programme dates back to the period when Deputy Pat Rabbitte was in office. It was proposed that the television licence fee be abolished and a new broadcasting charge introduced. Will the Taoiseach update us on this item of legislation and indicate when we can expect to see it being published?
Enda Kenny (Mayo, Fine Gael)
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The Minister is considering the approach to be taken on a range of matters in broadcasting. They include consideration of the proposed public service broadcasting charge and a number of matters that have arisen since the five-year review by the Broadcasting Authority of Ireland of the funding of public service broadcasters, including a new system to determine the adequacy of funding for public service broadcasters and revision of the current governance arrangements for advertising. In conjunction with this, the Minister is considering possible legislative amendments to administrative and operational issues identified in the period since the Act took effect. The public service broadcasting charge will be considered by the Minister for Communications, Energy and Natural Resources, Deputy Alex White, in the context of funding public service broadcasters.
Barry Cowen (Laois-Offaly, Fianna Fail)
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It is a two-term job.
Dara Calleary (Mayo, Fianna Fail)
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After the election.
Micheál Martin (Cork South Central, Fianna Fail)
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Sir Humphrey is still alive and Bernard is helping him.