Dáil debates

Thursday, 10 November 2016

12:15 pm

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)
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The Tánaiste will be aware that there is an increasing problem with drug abuse and, in particular, with IV drug use. Part of the solution which was envisaged was to enable the licensing and establishment of supervised facilities for chronic drug users and to provide for regulation for such harm reduction facilities. I understand that, earlier in the year, there was a Misuse of Drugs (Amendment) (No. 1) Bill. This was welcomed at the time because it dealt with benzos and the plan was to deal with IV users and benzos together. The benzo issue was tackled in the first Bill as a matter of priority but the Misuse of Drugs (Amendment) (No. 2) Bill to deal with IV drug users and facilities is needed. The issue needs to be dealt with on a pilot basis and we need to learn from it. When is the legislation due and is it dependent on the publication of the national drugs strategy?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Minister of State at the Department of Health, Deputy Catherine Byrne, is doing a lot of work on this issue and it is expected that the legislation will be available this term.

Photo of John BradyJohn Brady (Wicklow, Sinn Fein)
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The Government has committed to a report that deals with the discriminatory cuts to jobseeker's allowance for people under 26 and deals with the impact those cuts have had on our young people. Budget 2017 saw ridiculously tiny increases of €2.70 for those aged between 18 and 24 and €3.80 for 25 year olds. These increases continue the age discrimination started by Fianna Fáil in 2009 and this report was set to be published by the second quarter of this year. Here we are in the last quarter of the year and there is still no report, even though the discriminatory cuts are still intact. There have only been marginal increases for those aged under 26 so can the Tánaiste give a commitment to the report and a date for when it will finally be published?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Can the Deputy clarify about which report he is talking? Is it the Low Pay-----

Photo of John BradyJohn Brady (Wicklow, Sinn Fein)
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The report, which has been committed to by the Government, is on the impact of the discriminatory cuts that have been implemented and which were started by Fianna Fáil back in 2009. They targeted our people under 26 by reducing their social welfare payments. It was promised by the second quarter of this year but we have not seen it.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I will correspond with the Deputy on the matter. The Low Pay Commission has published a report.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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A commitment was made last week in regard to the GRA and the AGSI. When will we see legislation to provide both those bodies with access to the Labour Court and the Workplace Relations Commission? Will the legislation extend the same access to trade union representatives in the Defence Forces?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Labour Court recommendation addressed the issue of access to the Workplace Relations Commission for gardaí and it suggested a timetable in which it would be completed during 2017. I have referred this issue to the Horgan review. I asked Mr. Horgan and the associations to work together to discuss what they would like to see in the legislation and the best way to approach it. I expect to get the report in December but the timetable remains. It will be a helpful contribution to the legislation. There is no intention at present to extend it to the Defence Forces.

12:25 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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According to the programme for Government, acquisition of a site for the new children's hospital was estimated to be between €500 million and €750 million. The cost of the chosen site, which in the opinion of many people is unsuitable, excluding fit-out, was €1 billion. Is the Tánaiste aware that the Jack and Jill Children's Foundation was locked out of the hearings of the Joint Committee on Health in regard to the new hospital?

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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A question, please Deputy.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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What is the Tánaiste's view on the enormous cost of the site and its suitability as a location for this hospital and is she aware that the Jack and Jill Children's Foundation, which is doing tremendous work on behalf of sick children, was not invited to attend the hearings of the Joint Committee on Health?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I welcome that a site has been identified and that work is progressing, such that in the next few years we will have a national children's hospital available for the children of the country.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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Anybody who attended the briefing in the AV Room yesterday with Vera Twomey and John O'Meara, whose children require medicinal cannabis, could not but have been moved into immediate action to help them and the thousands of other families who urgently require access to medicinal cannabis. Deputy Gino Kenny has a Bill before the Dáil which seeks to legalise cannabis for medicinal use. We had the support of Fianna Fáil and Fine Gael to have that Bill taken in the House next Thursday but, unfortunately, it was blocked by everybody else on a procedural basis and the Bill will not now come before the Dáil until 16 December. The Government Whip indicated to us this morning that the Minister for Health is awaiting a report from the Health Products Regulatory Authority, HPRA, on the use of cannabis for medicinal purposes but the Minister did not inform the Whip until after the meeting with the families that this report will not be available until the end of January 2017.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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The Deputy's time has expired.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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Why is this report required? What are its terms of reference and is it possible for it to be made available earlier than the end of January next? I think 12 weeks is sufficient time within which to produce a report on an issue in respect of which we are not seeking to re-invent the wheel. What is proposed has been tried and tested in other countries and it is urgently required here to relieve the pain and suffering of these people.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Deputy Bríd Smith will be aware that the Minister for Health is very alert to the situation facing the family and that he has met with them. The Minister has commissioned a report on the issue, the timeframe for completion of which is, I understand, January.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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The end of January.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will no doubt agree that it is reasonable that the Department of Health would have an opportunity to analyse the various issues which will be applicable to the family concerned and to others. The Minister has indicated that he needs sight of this report before he can advance the legislation.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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A Cheann Comhairle, may I speak?

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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No. I call Deputy Michael Fitzmaurice.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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Can I state my disappointment that-----

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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No.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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-----Deputies have blocked the taking of this Bill.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Please resume your seat.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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I want to put that on the record.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Please resume your seat.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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I want to put on record that certain Deputies, of which they were only a few,-----

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Deputy Gino Kenny is misrepresenting what happened.

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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Absolutely.

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance)
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I am not.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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The Deputy is totally misrepresenting what happened.

(Interruptions).

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Order, please. I have called Deputy Michael Fitzmaurice.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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During the talks on the programme for Government one of the first issues to be discussed was the issue of people losing their houses. It was agreed at that time to include in the programme a commitment to legislate that prior to court proceedings people would have access to a one-stop-shop, be that the Money Advice and Budgeting Service, MABS, or some other agency, in regard to the facilities or options available to them, including a split-mortgage and mortgage-to-rent option such that they would not lose their houses. I am aware of the Abhaile service that has been put in place but it is not resolving this problem and people throughout the country are continuing to lose their homes. Will legislation be introduced soon to address this problem?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy referenced the Abhaile service which was put in place a couple of months ago. Many families have been availing of its services. In fact the data, in terms of the number of families availing of the voucher scheme through which they obtain legal and other supports to help them address the situations in which they find themselves in terms of their homes, is very encouraging. Many individuals are being helped through that scheme. We are examining what other legislation may be necessary arising from the commitment in the programme for Government. We are also examining whether a specialist court is feasible and how it would operate.

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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When will the landlord and tenant reform Bill, which deals with an issue that has been the subject of debate since 2011, be brought before the House? It is important that current laws governing landlords and tenants in this country are reformed and updated given the current housing crisis.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will probably be aware that the heads of that Bill have been agreed. Drafting of the legislation is ongoing. It is likely it will not be introduced until next term.

Photo of Michael MoynihanMichael Moynihan (Cork North West, Fianna Fail)
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The programme for Government includes many commitments in regard to disabilities and the disabilities sector. Is the Tánaiste aware of the chronic crisis in terms of access by parents of young children to occupational therapy services and other services and that the HSE is issuing letters to the effect that there is a delay of up to 24 months in regard to assessments and services provision. This is happening across the spectrum but my question to the Tánaiste today is in regard to services for young people in particular. Is she aware of the crisis in this area and what does the Government propose to do to tackle it?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will be aware that extra money was provided in the budget for services for children under 5 years so that they can access assessments more quickly. More money has been made available to the health budget this year. The allocation for 2017 is substantial. It is the largest health budget ever. I would expect that this will ensure reduced waiting times for assessments of the type mentioned by the Deputy. Extra money was specifically provided for occupational therapy services. Efforts are being made to recruit more speech therapists and occupational therapists. One of the problems is the difficulties being experienced in terms of recruitment to these particular professional sectors.

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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The juvenile diversion programme was set up to deal with children under 18 years of age who commit particular crimes. I have recently been made aware of a case involving a young girl in her late teens who was seriously sexually assaulted by a number of young men in their late teens. This young girl's family are distraught that these young men are to be only cautioned in respect of that crime. This is totally inappropriate. I know that the juvenile diversion programme is----

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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This issue would be more appropriately tabled a Topical Issue Matter, Deputy.

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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-----based on the New Zealand model. Serious crimes of the nature I have just described do not come within the remit of the New Zealand programme. Will the Tánaiste and the Government agree to a review of the Irish programme to ensure this does not happen again? The issue of consent is the current topic of discussion among young people and everybody else in Ireland. I can assure the Tánaiste that this family did not consent to the issuing of a caution being the only reaction to this crime as result of which this young girl's life was practically destroyed. I ask the Tánaiste to ensure that a system of appeal is made available to the families and victims of such crimes.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I would expect there to be a full criminal investigation into the case outlined by the Deputy. I hope that the young girl in question and her family are aware of all of the support services available in this country to help them. The sexual offences legislation is currently in Committee. The definition of "consent" is an issue which I have no doubt the committee will examine during the course of its discussions on that important legislation, which I hope will progress quickly through the committee so that the legislation can become law.

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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This morning, the Tánaiste confirmed in response to a parliamentary question from me that the projected cost of the Labour Court recommendation in regard to An Garda Síochána, on a full year basis, is €50 million but there is no provision for this within her Department's budget for 2017.

Does the Tánaiste intend introducing a Revised Estimate for the Department for 2017 and can she confirm that she intends to proceed with the recruitment of 800 extra gardaí and 500 extra civilian staff for An Garda Síochána next year?

12:35 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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There is a ballot under way or one will take place shortly. We do not know the precise timeframe. If the Labour Court recommendation is accepted by the GRA, it will have the financial implications the Deputy has outlined. That is a matter which the Minister for Public Expenditure and Reform and I will discuss. It will be a whole-of-Government discussion as well because we have to ensure that we stay within the constraints of the Lansdowne Road agreement and ensure that the priorities outlined in the budget are met.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Five other Deputies are offering and I will take them all if they will be very brief.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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It has been the intention for some time to ratify the UN Convention on the Rights of Persons with Disabilities. Most of the measures necessary to do so have been taken but the equality and disability (miscellaneous provisions) Bill remains to be enacted. Can the Tánaiste inform the House of the progress on that legislation? Will we reach the goal of ratification of the convention before the end of the year?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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We hope very much to be in a position to reach that goal. There is some outstanding legislation which has been the subject of discussions between the Department of Health and me. It is legislation which impacts on the Department of Health in particular and it has been working on the issue. It is my intention to reach the stated goal of ratification by the end of the year.

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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Is there anything in legislation that gives the HSE powers to instruct nurses to remove patients from hospital beds? I refer to a story that was carried on RTE yesterday.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I have no doubt that the Minister for Health and the HSE director is addressing the issue before the health committee as we speak. The issue the Deputy raises relates to a memo which was circulated containing some legal advice. The Minister has made his position clear and the director has withdrawn the memo. It does not reflect Government policy on or its approach to people who are in hospital.

Photo of Barry CowenBarry Cowen (Offaly, Fianna Fail)
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The Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, is launching the third pillar of his Rebuilding Ireland document. It is the third individual launch of five, with two more to go, notwithstanding the fact that they were all launched some months ago. The Minister has been gripped by launch fever. I would have thought greater emphasis would have been placed on bringing forward the legislation to give effect to many of the changes and initiatives contained within the entire document. Has provision been made by the Government for a specific time period in which to address these issues and bring forward the legislation given the emergency nature of the necessary arrangements to bring about the desired result?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I understand the legislation will be before the House in the next few weeks.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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Is the Tánaiste aware that today SIPTU announced it is setting a deadline for next Thursday to ballot its members on the reconvening of talks on a successor to the Lansdowne Road agreement? Is the Government agreeable to commencing those talks at the date announced?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Minister for Public Expenditure and Reform has made clear his approach to the issue the Deputy raises and held a meeting earlier this week with ICTU. The Minister for Health is engaging with the health unions to discuss the very issues raised by SIPTU today.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The adoption tracing and information Bill is promised legislation. When is it scheduled to go through the House in its entirety?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I understand the Bill is near completion.

Photo of Joe CareyJoe Carey (Clare, Fine Gael)
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I understand pre-legislative scrutiny of the domestic violence Bill was completed last year. What is the status of the Bill?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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We hope to publish the Bill this term.