Dáil debates

Tuesday, 12 May 2015

6:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

It is proposed to take No. 1, Workplace Relations Bill 2014 - amendments from the Seanad. It is proposed, notwithstanding anything in Standing Orders, that in the event a division is in progress at the time fixed for taking Private Members’ business, the Dáil shall sit later than 9 p.m. tonight and shall adjourn on the adjournment of Private Members’ business, which shall be No. 187, motion re planning regulation and shall, if not previously concluded, adjourn after 90 minutes.

Tomorrow’s business after oral questions shall be No. 1, Workplace Relations Bill 2014 - amendments from the Seanad (resumed) and No. 33, Customs Bill 2014 - Order for Report, Report and Final Stages.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

There is one proposal to be put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Four years ago in the section on entitlement to fairness and health service reform the programme for Government stated:

A Patient Safety Authority, incorporating HIQA, will be established...

The Patient Safety Authority will introduce a national licensing system for hospitals, and will oversee the transition of hospitals from the HSE to independent local control.
I have invited people generally to read the four or five pages on health in the programme for Government. It is a fantasy read and an incredible fairy-tale. I have asked questions over a period of about two years on many aspects of it. I have received long letters back essentially stating that 90% of this will never be implemented. This culminated a month ago in the Taoiseach advising me during Leaders' Questions that universal health insurance legislation would never be introduced during the lifetime of this Government and that it may now be implemented at the end of the term of the next Government. I believe he mentioned 2021 or something, which shows incredible arrogance. People should read the document to get a sense of what was going on four and a half years ago and the things the Government was going to do.

The more serious element of it is that on the issue of patient safety not only was no effort ever made to establish a patient safety authority, but we now know courtesy of the HIQA report and e-mails I read out earlier that in December 2012 and right up to the present time there were numerous sad and serious cases across every site within our hospital network as articulated by the chair of the national incident management team and the director of care. People at a very senior level knew this.

In 2011 when the Oireachtas committee was told that Portlaoise was to be a model 3 hospital, which has a meaning in terms of the resources that should follow that, and 24/7 cover in surgery, surgical services and all of that, a political statement was made but clearly from the HIQA report we now know that there was no follow up in that regard.

The bottom line is that the one area that seems to have been neglected over the past four years and on which there has been no development or progress is the issue of risk assessment, the issue of safety and patient safety at the core. If it were not for parents of children who needlessly lost their lives, we would not know any of this and we would not know the conclusions HIQA reached. We would never have had that HIQA report.

In light of the HIQA report has the Government any plans to introduce a patient safety authority of the kind that was mooted four and a half years ago in the programme for Government or is that something it has shelved for eternity and is not now disposed to introduce?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I was a very strong supporter of a patient safety authority that would be able to move into hospitals and deal very quickly with issues or incidents as they arise. As I said in response to the Deputy's earlier question, disciplinary measures are available to deal with incidents involving doctors and nurses, but not in respect of management. This is the first time that a completely independent report has laid responsibility for these failures, tragic as they were, on management.

The report makes eight recommendations, four for the Department and four more for the HSE. The report's first recommendation, as the Deputy is aware, is the establishment of an independent patient advocacy service to be truly independent of the HSE. The Minister has accepted all these recommendations and is now setting out to provide the recommendation of the HIQA report which is for a patient advocacy service completely independent of the HSE to be in position by May 2016. That is the recommendation of the body that is the authority here in respect of unannounced inspections and setting the standards. I accept the report; the Government accepts the report.

In respect of this service, the first recommendation is that it be completely independent of the HSE and the Minister will go with that.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I call Deputy Adams.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Taoiseach called HIQA a quango that he would take no notice of.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The first recommendation is to establish an independent patient advocacy service.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Could we have order, please? Deputy Adams has the floor.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Tá ceist amháin agam faoi reachtaíocht atá geallta agus a bhaineann leis an Acht Sláinte 2007 - the Health Act 2007. In February the Minister for Health said he planned to introduce new legislation to give more power to HIQA and to do this by amending the Health Act 2007.

HIQA's latest report underlines the urgency of the new legislation promised by the Minister. The report into the unnecessary death of babies in Portlaoise hospital, which the HSE strenuously sought to suppress, makes for grim and depressing reading. It is another damning investigation of our health service which reveals repeated failures and non-compliance in national health care standards by the hospital in question and the HSE. This represents a failure on the part of the Government. The big responsibility may rest with the HSE but the Government failed to take account of HIQA recommendations in a series of reports, as well as in questions I put to the Taoiseach and the Minister for Health regarding a letter I received from HIQA. The Minister rightly indicated that he intends to grant additional powers to HIQA by amending the health Acts. When will the Government publish legislation to meet the Minister's commitment to extend the remit of HIQA and when will it put in place a legislative mechanism - this is the big problem - to implement the recommendations made by HIQA in a series of reports?

In the context of the Government's obligations under the Good Friday Agreement and its commitment in the programme for Government to fully implement that Agreement, the British Government has announced its decision to repeal the Human Rights Act and remove the European Convention on Human Rights from British law. That would be a grievous breach of the Good Friday Agreement, which is an international treaty between Ireland and Britain lodged with the UN. Under the Agreement the British Government has committed to completing the incorporation of the European Convention on Human Rights into law in the North and to introducing safeguards so that the Assembly and public authorities in the North cannot infringe on the convention. Other safeguards also apply to policing. Is the Taoiseach aware of this issue and did he raise it with Mr. Cameron given that the proposal is clearly in breach of the Agreement and the international treaty underpinning it? If he has not done so already, will he immediately raise the issue with the British Government and urgently initiate discussions with all of the parties to the Agreement?

6:10 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In respect of the second issue raised by the Deputy, a memo from the Departments of the Taoiseach and Foreign Affairs and Trade was brought before the Cabinet this morning. The memo dealt with the issues that need to be considered by this country arising from the fact that a referendum will be held, probably prior to 2017, and determined by the people of Britain. That takes into account all of the issues in respect of devolution for Scotland and Wales, the situation for English MPs and the consequences for Northern Ireland. I spoke to Prime Minister Cameron on Saturday morning. We both agreed that we should meet in advance of the next European Council meeting on 26 June. I expect that will be the first of a number of meetings. The issue that Deputy Adams raised in the context of the Good Friday Agreement is a cause of concern for us as co-guarantors of the Agreement and we will, of course, raise it.

In regard to the Deputy's question on HIQA, the second recommendation in the HIQA report was that the recommendations of that and previous HIQA reports be implemented. I cannot provide a date for publication of the Bill to which the Deputy referred but the Minister has accepted all of these recommendations, including the HIQA report on misdiagnosis of breast cancer and inadequacy of maternity services in other locations around the country. The fifth recommendation of the HIQA report was that the HSE should appoint a director of midwifery in every maternity unit in the country. I will revert to the Deputy with a progress report on the Bill but these eight recommendations have been accepted and are being followed through for implementation.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

There is genuine confusion among the public about the timing and content of the proposed legislation to deal with unpaid debt in so far as it relates to the issue of water charges and what happens to people who refuse to pay on principle or who simply cannot pay those charges. I ask the Taoiseach to be specific as to when that legislation will be introduced. This is not just a political point scoring matter. The Taoiseach owes it to the public to tell them when this legislation will be introduced in order to provide clarity on the matter. People are labouring under what I suspect is a deliberate misapprehension that Irish Water will be able to take unpaid charges out of people's salaries and social welfare payments. I understand, however, that the legislation will not provide powers to Irish Water to take any money out of anybody's pay cheque, social welfare payment or pension. It deals with the courts and unpaid debts in general. When will the legislation be introduced?

I understand that the harbour (amendment) Bill is due to be introduced this session. Can the Taoiseach be more specific about when it will be introduced? Serious issues arise in regard to the governance of our harbours, including Dún Laoghaire harbour, in respect of which there are widespread concerns about its governance and future. This Bill will have a serious impact on the decisions that need to be taken on the future of our harbours.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Chief Whip will provide the Technical Group Whip with the most exact date that can be indicated. I am aware of Deputy Boyd Barrett's views about the importance of Dún Laoghaire harbour. I understand the Bill to which he referred will be before the House by the end of June.

In regard to water, the Government has agreed to consider the issue of civil debt in a different way. People will not have their water supplies cut off and they will not be sent to jail. The Bill to which the Deputy referred will be enacted before the House rises in July. I expect that the Minister for Justice and Equality, in working through the details of the recommendations of the Law Reform Commission on the collection of civil debt, will come back to the Government with detailed proposals in the coming weeks. It is not appropriate to put people in jail over small amounts of money. Attachment of earnings orders will be applied, and the details of this provision will be outlined by the Minister.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
Link to this: Individually | In context | Oireachtas source

Those who were diagnosed in the last 26 months with disabilities which impact on their mobility or whose cars have seized up are now left physically isolated because of the lack of legislative replacements for the motorised transport grant and mobility allowance grant scheme, which were suspended in February 2013. When will we see new legislation in this area and is it acceptable that people are left isolated in their own homes because they cannot access financial support?

When are we going to see the new legislation on that? Is it acceptable that people are left isolated in their homes because they cannot access financial support?

We have had a litany of serious incidents across hospitals throughout the country. Some 14 months ago, when the Portlaoise hospital story first broke, the Minister for Health told the House we would have open disclosure here in the near future. This provision is incorporated into the health information Bill and will mean that patients will not be the last to know, as is the case today. They will be told if a mistake has been made, rather than have to drag clinicians and the HSE to the courts, only to get a settlement on the steps of the court and never getting the truth or answers as to what happened. When will we see this legislation? Will it be fast-tracked and brought to the House as soon as possible?

6:20 pm

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Independent)
Link to this: Individually | In context | Oireachtas source

On the same issue of open disclosure legislation and in regard to Portlaoise hospital, families have been calling for this legislation. It was originally promised by the former Minister for Justice and Equality, Deputy Shatter, in the Chamber. It was then promised by the former Minister for Health, Deputy Reilly and now we seem to be seeing some sort of row-back. Families are being dragged through the courts at enormous cost to the health service and the HSE. Yesterday, the Minister for Health informed us that it is too costly to hold anybody to account for what happened in Portlaoise. I consider this entirely unacceptable and would like to hear the Taoiseach's view on that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The legislation in respect of motorised transport is due in the second half of the year. In regard to open disclosure of information, we now have the HIQA report, which is completely independent. It has made eight recommendations, all of which are accepted by the Minister and the HSE and will be implemented. The first of those recommendations is for a patient advocacy group. That will be completely independent of the HSE and will be set up by May of 2016.

The Minister will visit Portlaoise hospital tomorrow and will meet with members of the families. This hospital has gone through a series of incidents over the past period, but it is in a critical location and has a lot to offer. A list of improvements have been put in place over the past 12 months, as I outlined earlier. The Minister will visit the hospital tomorrow and speak to everybody involved and he will proceed with the implementation of the recommendations made. He will also meet with the parents of the young babies who lost their lives.

Photo of Tony McLoughlinTony McLoughlin (Sligo-North Leitrim, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In regard to the administration of the free legal aid scheme and its transfer to the Legal Aid Board, when can we expect the criminal justice (legal aid) Bill to be brought before the House?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

That is due in the second half of the year.

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I wish to raise the matter of two pieces of legislation relating to my constituency. First, I understand the Environmental (Miscellaneous Provisions) Bill 2014 has been sent to committee. When is Committee Stage due to conclude? The second Bill is the Maritime Area and Foreshore (Amendment) Bill, which was designed to streamline planning applications within our ports and harbours. This Bill is critical for my constituency, given projects in the port of Foynes which would generate jobs are waiting to proceed to construction stage.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Environmental (Miscellaneous Provisions) Bill 2014 is awaiting Committee Stage and I expect it will be before the committee in a couple of weeks. The Maritime Area and Foreshore (Amendment) Bill is due this session.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I wish to ask about No. 48 in section B, the health information Bill and No. 99, the health reform Bill. The board of the HSE was abolished as one of the first acts of the previous Minister for Health in April 2011 and we were informed there would be accountability, in the context that the Minister would be fully accountable to the Dáil. However, we now find there is almost no accountability anywhere, because any time I table questions to the Minister, they are referred to the HSE and I have to wait a long time for a reply. When will we have a decision from the Government on what is to replace the HSE? We are now four years into this Government and there is less accountability. There seems to be nobody in charge. Can we have some time to debate the issue of accountability within the health service, because we have a Minister who is absent when it comes to accountability? We need this issue to be addressed in a meaningful, timely manner in advance of any general election, so that people know where they stand in terms of whether the HSE is to be abolished or retained as a castrated organisation.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Do not be concerned about the general election. It is a long way away

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Time moves along quickly here.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I do not have a date for publication of the health information Bill. The Deputy is aware that accountability and responsibility for the Vote in respect of health has been transferred back to the Minister for Health, who answers questions here in public on a regular basis. It is still intended to dismantle and replace the HSE. I have set out the timeline in regard to the move towards universal health insurance, which will have a single tier system, where every person will be treated equally, based on medical need as distinct from what how much they have in their pocket.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Nobody believes that. The Taoiseach does not believe it himself.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Even with the best will in the world, unless I was to introduce emergency legislation to extend the lifetime of the Dáil, this will be beyond our remit in this Administration.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Ar ndóigh a Thaoisigh, caithfidh an toghchán teacht laistigh de deich mí. It must come within ten months, because as the Taoiseach may remember, he was elected on 9 March 2011. Therefore, the election is not that far away; eleven months does not be long going.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Ní hí sin an cheist ar ndóigh.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Ní hí sin an cheist. As the Taoiseach knows, the taking over of group water schemes by local authorities was an important procedure. This responsibility has now transferred to Uisce Éireann, but I was informed by it last week that this transfer cannot continue at the moment because it needs legislation. When will the Water Services Bill, promised on the A list, come before the House and will it be enacted before the summer recess?

When will the Horse Racing Ireland (Amendment) Bill, which is also on the A list, come before the House?

Freisin, cén uair a thabharfar isteach an Bille a dhéanann leasú ar an Acht Teanga? Cén uair a thiocfaidh sé os comhair an Tí nó cén uair a fhoilseofar é? An bhfuil sé i gceist fós é a fhoilsiú sa seisiún seo?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Tá sé i gceist an Bille sin a fhoilsiú roimh dheireadh an tseisiúin seo den Dáil.

In respect of the local authority schemes the Deputy mentioned, the Water Services Bill will be dealt with the same way. The Minister is working on it and it will be enacted before the House rises for the summer.

The Horse Racing Ireland Bill is also due for publication this session.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Mediation Bill has been floating around for some time. This important Bill has wide implications, beyond those implied in its title. When is it likely to come before the House and have the heads of the Bill been cleared?

Two national cultural institutions Bills, covering the area of administration, are expected. The first of these proposes to revise and upgrade the governance arrangements in regard to the National Gallery, the Irish Museum of Modern Art and the Crawford Art Gallery in Cork, including the sharing of services. The second Bill proposes to revise and update the governance arrangements in regard to the National Library of Ireland, National Museum of Ireland and the National Archives of Ireland, including sharing of services. Both of these Bills are important and have wide implications for the administration of our cultural institutions. Have they been discussed in Cabinet and are they approved and ready to come before the House?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The heads of the Mediation Bill were cleared in 2012 and it is expected it will be published in the second half of this year. The national cultural institutions Bill is also expected to be published in the second half of the year.

6:30 pm

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Critical to the development and success of rural Ireland, including the midlands, is a good quality and reliable road network. The upgrading of our transport is key to delivering regional jobs and encouraging companies to locate west of Dublin. When can we expect to see the Roads (Amendment) Bill? This Bill will provide for the transfer of responsibility for certain national roads and regional roads from councils to the National Roads Authority, which seems to have a huge allocation of funding for development. I see a lot of misuse of that funding up and down the country where, for example, signs are being taken off the roads and roads are being ripped up and replaced without any explanation. I would like the National Roads Authority to make better use of the funding which becomes available to it.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Roads (Amendment) Bill is due in the second half of this year.

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In the Roads Bill there is provision for the drug-testing of drivers. When does the Taoiseach expect that Bill to be enacted? When will the Criminal Law (Sexual Offences) Bill be enacted? The heads of the Bill were published on 27 November 2014 and the Bill is urgently needed as it criminalises the purchase of sex and online child exploitation.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The heads of the Bill for drug testing were cleared in February this year and it is due for publication in the second half of the year. A great deal of work has been done regarding sexual offences and that Bill will be in this session. A quite complex series of amendments has been brought forward but I expect it to be finished and published in this session.

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There are two bodies, the Irish Sports Council and the National Sports Campus Development Authority and we need to establish one sports body. When will the Sport Ireland Bill 2014 be coming before the House?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I assume the Deputy is talking about the Bill for the amalgamation of the bodies. It has gone for signature to the President. It has been concluded.

Photo of Brian WalshBrian Walsh (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

There is a shortage of skilled labour in certain sectors of the economy. Given the important role the construction industry can play in our recovery by creating additional employment, when does the Taoiseach expect to see the publication of an apprenticeships' Bill? This will have an important role in attracting new apprentices into the market.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Minister of State, Deputy Damien English, sought public consultation on this and he received more than 90 submissions. He is considering all those and I hope it can be put together before the summer.

Photo of Joe CareyJoe Carey (Clare, Fine Gael)
Link to this: Individually | In context | Oireachtas source

What is the progress with the Planning and Development (No. 1) Bill and the Red Cross (Amendment) Bill?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

It is called the Urban Regeneration Bill and it is expected very shortly.