Dáil debates

Wednesday, 29 November 2017

12:25 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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In the programme for Government, under the subheading "Ireland-UK Relations", it is stated, "Building on the successful state visits [and so on], we will continue to enhance Ireland's relationship with the United Kingdom [and so forth]". Amid everything that has happened in the past two weeks, there was a very serious breach and leak of foreign affairs documentation. Our diplomats, as he knows, tour capitals across Europe and the rest of the world. They interview people, including senior people in governments, politicians, civil servants, judges and stakeholders in society. They do so to get some understanding of what drives policy in different capitals across Europe. I am a former Minister for Foreign Affairs and those documents are invaluable in building up what one could call low-grade intelligence in terms of understanding what is going on in other capitals to inform policy and the Government's response. Such a document - I cannot remember a precedent for this-----

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I thank the Deputy. His time is up.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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-----was released recently in a leak to a very good journalist but, from the perspective of the Department of Foreign Affairs and Trade, I think it will damage UK-Ireland relations. A British judge was quoted, so how can any diplomat, civil servant or politician around the world have any confidence in the Irish Government's-----

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

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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-----capacity any more to garner such off-the-record briefings and so on? In light of the programme for Government commitment and the damage this has done to our relationship with Britain, about which there is no doubt, will the Taoiseach confirm that an investigation of that breach has taken place? Will he undertake to update the House in this regard and let us know the outcome of that investigation, if indeed the Department of Foreign Affairs and Trade has commissioned one?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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I call on the Minister, Deputy Coveney.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am happy to answer that question. The Deputy will understand this only too well as a former Minister in the Department. We get weekly working briefings from our diplomatic missions across the European Union giving us feedback on the issues of the week and the day. Obviously, there is a lot of feedback on Brexit at present. In this case that weekly briefing documentation, which is circulated quite widely within not only the Department of Foreign Affairs and Trade but also some other Departments in order to keep people informed of the state of play as we get feedback from our various different consulates and embassies was leaked to a journalist.

It should not have happened and we are engaged in an internal investigation within the Department to discover how it was. We are also reviewing the circulation of working briefing documents on a weekly basis to ensure it does not happen again. We have explained that very clearly to our counterparts in the British Government.

12:35 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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In May, the Supreme Court ruled that the absolute prohibition on asylum seekers pursuing employment, as set out in subsection 9(4) of the Refugee Act 1996, is unconstitutional. The Government, which had until tomorrow to respond to the court's imposed deadline, announced plans several weeks ago to opt into an EU directive providing for and regulating asylum seekers' access to the workforce. The Minister for Justice and Equality, Deputy Charles Flanagan, has since confirmed that the Government will opt into the reception conditions directive. Will the Taoiseach confirm when that opt-in will come into force and how quickly the people affected by this issue will be able to access employment? Will he further indicate when we will see the detail of the new system, including provisions relating to access to vocational training and health care and any restrictions to be imposed in terms of the types of jobs for which people can apply? Finally, will the Taoiseach tell the Dáil whether the interdepartmental group that is to oversee this procedure and the practical arrangements for applications has been established and when it will report?

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The Government agreed last week to implement full compliance with the request from the Supreme Court earlier this year. The Deputy is correct that the deadline is tomorrow. My understanding is that the court will be satisfied with the course we are pursuing and will, I am sure, make a declaration to that effect in early course. The date upon which the new regime is to be implemented is April next year, in accordance with our EU obligations. I expect there will be an important role and function for the implementation group in overseeing this process. Last week, I circulated to all Deputies a note of the decision of Government on this matter. I would be happy to have the matter debated in full in the House as soon as the Business Committee agrees to it.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The programme for Government includes various commitments in regard to achieving full employment, noting that work is key to independence and social integration. The House has repeatedly agreed motions seeking to make employment sustainable and ensure decent working conditions for employees. There has been much debate in recent days about the consequences of an early election. In the midst of all that discussion, I was struck by a report by Jack Power in The Irish Timeswhich pointed to the significant numbers of people employed in the Oireachtas on if-and-when contracts. That this is happening sends a poor message to employers. Will the Taoiseach join with me in asking the Houses of the Oireachtas Commission to ensure if-and-when contracts are no longer given to staff employed by it?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The running of the Oireachtas is and ought to be a matter for the Houses of the Oireachtas Commission. The Government has legislative plans to ban zero-hour contracts and ensure people have more security in respect of the hours they work. Sometimes, however, if-and-when contracts may be necessary and can work for the employee, particularly where there is an on-call or agency arrangement. As I said, the Government will introduce legislation to ban zero-hour contracts and ensure workers have greater certainty as to the hours they are working so that they can plan their lives and finances. However, I will leave actual contractual matters for staff to the good offices of the commission.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Yesterday, following the resignation of the Tánaiste, the Taoiseach referred to the Department of Justice and Equality as dysfunctional. We are all aware of the issues to be examined by the disclosures tribunal, which we will discuss this evening. The Taoiseach promised an external review of all the matters that have arisen in recent weeks. Given those very strong statements, will he indicate the precise extent of this external review of matters related to the Department of Justice and Equality? The issues are relevant not only to the whistleblower scandal but are also evident in the discovery that 2 million false breath tests were carried out by gardaí and there were 15,000 wrongful convictions as a result. More than 100 solicitors are taking legal action of behalf of some of those who were wrongly convicted.

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

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The O'Sullivan report suggested there will be no accountability from those in top Garda management and no disciplinary action imposed on them. These are the people who were condemned in the report for the incredible level of malpractice within the force. The public does not accept a level of dysfunctionality that results in 2 million false breath tests and 15,000 wrongful convictions. We must have accountability in this regard.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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We cannot have a debate if the Deputy does not allow the Minister to respond.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Will this issue be part of the sweep of justice-related matters the Taoiseach has promised will take place?

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I do not anticipate that the sweep, as referred to by the Deputy, will include matters germane to the Policing Authority or the Garda Síochána. The defined terms of reference of the external review refer to the disclosure or otherwise of documentation to the disclosures tribunal. I understand the Deputy's comments arise out of reports of the meeting that took place last week between the acting Garda Commissioner and the Policing Authority. I look forward to meeting again shortly with the chairman and members of the authority, at which meeting the matter the Deputy has raised will be given further consideration. My understanding is that an investigation is under way under the auspices of an assistant commissioner. The particulars of that investigation will be tendered to me on its completion.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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Several Deputies met this morning with members of the Irish MPS Society, who are seeking support for the approval of funding to the Health Service Executive for the delivery of a drug called Vimizim. The delegates saw the Minister for Health in the corridor but were not talking to him. This is a life-changing drug for children with the rare condition, Morquio syndrome. It is very sad to hear the stories of the families concerned. The drug is manufactured in Cork, in the constituency of the Minister for Foreign Affairs and Trade, and is available throughout Europe. I do not know what the Minister, Deputy Coveney, finds so funny about it. This is a very serious situation affecting a small number of families who are requesting a meeting with the Minister for Health. One child from Monaghan has been prescribed the drug, which is paid for by the HSE but can only be purchased in the North. It is not possible to get it in this State, even though it is manufactured here. It is a bizarre situation.

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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As Deputy McGrath outlined, a group from the Irish MPS Society, including children with Morquio syndrome and their parents, met with Deputies this morning and are in the Public Gallery now. The group includes two children who are being treated with Vimizim. We all meet thousands of people in the course of our life, especially those of us here in the Oireachtas, but sometimes one meets a person who is unique and whose humanity shines through. That is the case with the two children we met this morning. The Minister for Health has agreed to meet the delegation for a few minutes, which I am delighted to hear, but I urge the Taoiseach, too, to meet the children before they leave. It is always clear when we meet people who are special and different. I ask that the Taoiseach listen for five minutes to what these two children have to say. If he does so, I am absolutely confident he will ensure the drug is approved for all children with this illness. It is totally wrong that they have been left in their current situation.

Photo of Eamon ScanlonEamon Scanlon (Sligo-Leitrim, Fianna Fail)
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I support the representations of colleagues on behalf of the parents and children we met this morning. As Deputy McGrath noted, in one particular case a child has been prescribed the drug, paid for the HSE, but has to purchase it in the North. Other children cannot avail of it. There is something badly wrong in that situation. I urge the Minister for Health to meet the children and their parents to hear about their circumstances.

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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I join previous speakers in drawing the attention of the Minister and the Taoiseach to the situation of the young people and their parents who we met this morning. It is vital that the Minister for Health should meet them today, as he has undertaken to do.

It was a cross-party group that met them this morning. I support the calls in respect of this matter.

12:45 pm

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-Galway, Independent)
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I understand that there is one child to whom the company is continuing to give the medicine. If the Minister meets the other children, he will discover that it is incredible the way they are able to tell their stories. The Minister needs to look at this case and at least meet the families. Show them the respect of that and get the HSE officials to recognise the problem.

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I always show people respect but the Deputies also need to be very truthful about where this power lies, based on the laws passed by this House. The Health (Pricing and Supply of Medical Goods) Act 2013 very clearly means that the HSE is the decision-making body on this. I know that this is a very important and sensitive matter. It is very important for the families and I absolutely understand why they would be rightly worried, upset and concerned. On 7 November last, the HSE made a decision not to add Vimizim to its reimbursement list. In doing so, the HSE has made it very clear to the company that the company can come back to the table and produce new evidence and negotiate. During my time as the Minister for Health, we have seen people come to the table to negotiate, even in extraordinarily difficult circumstances relating to trying to access new drugs, and we can often find a way forward. I urge colleagues to not just call on the Government to act, but to also call on the drug company to sit down with the HSE and negotiate a way forward.

I understand that a small number of children are on an access scheme for this drug. It is extraordinarily important that the drug company acts in an ethical manner. The Declaration of Helsinki is very clear that access schemes and reimbursement should not be linked. There is absolutely no way this House should stand over the removal of children from an access scheme for that drug. I would be delighted to have a word with the families today, and to keep in touch with Deputies on this. I believe, however, that people need to get back to the negotiating table.

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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Will the Taoiseach also meet them?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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It is not really appropriate for me to arrange meetings on the floor of the House.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Not on the floor of the Chamber.

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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Will the Taoiseach indicate when the Dáil will debate the Government's decision to join the EU's permanent structure co-operation on security and defence, PESCO, which has to be signed off at the next Foreign Affairs Council meeting on 11 December. The EU Commission has stated that the difference with PESCO relates to the binding nature of the commitment undertaken by member states in the context of various forms of co-operation it covers. The Secretary General of NATO has indicated that this measure would strengthen the EU pillar within NATO. This will lead to a massive increase in defence spending and in the development of the defence industry. It has huge implications for Ireland in the context of budgets and the nature of our Defence Forces. When will we have a proper debate on this historic development, which needs to be decided upon by the House and not just the Cabinet?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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This issue came to the Government last week and we agreed to bring it before the House. There will be a full debate on it before a decision is made by this House. The proposal for more structured co-operation on defence and security issues across the European Union has been in development for a number of years. It does not, however, oblige Ireland to do anything. The structure has, essentially, a voluntary opt-in that allows Ireland to choose the projects in respect of which we want partnerships with other countries. Perhaps these could be in areas such as marine surveillance, peacekeeping, training or cyber security. This is a practical response by the European Union to create more structure around co-operation when countries choose, on a voluntary basis, to work together in a more coherent way. The Government will be recommending that Ireland supports the programme, but there will be an opportunity for all Members to have their say on the matter when we debate it in the House.

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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When will that happen?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I hope it will take place next week but that is a matter for party Whips and the Business Committee.

Photo of Eugene MurphyEugene Murphy (Roscommon-Galway, Fianna Fail)
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On the programme for Government, the Taoiseach informed me six weeks ago that the N4 and the N5, which are national primary routes, would be included in the national plan. The Taoiseach also said that, with the economy improving, he hoped that more money would be available for national secondary and regional roads. Last Monday, in the county in which I live, Roscommon, Transport Infrastructure Ireland informed the local authority of a 17% to 30% cut in the maintenance grant for national primary and national secondary roads. I do not expect the Taoiseach to make an announcement now but I ask that he speak with the Minister for Transport, Tourism and Sport today in order to get this cut reversed as quickly as possible. The cut in question will have consequences for safety on and other issues relating to those roads. I wonder if the same is happening in other counties. It is a massive cut. Earlier, we heard from my party leader about the cut in Garda overtime. Obviously, the position in that regard will be rectified. These cuts to the roads budget also need to be rectified or they will have consequences going forward. I do not expect the Taoiseach to make an announcement today but it is important that he should deal with the matter.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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That is news to me and I will certainly check it out. The Deputy will be aware from the budget announcements that the overall transport budget has been increased for next year and for every year up to 2021. I cannot understand why there would be a cut of that nature in roads maintenance. I will have the matter checked out.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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In the context of the review of the Department of Justice and Equality, will the Taoiseach please clarify, in plain English, why the recommendations from the Toland report were not implemented. The report, which was published on 11 July 2014, included five serious issues, 18 recommendations and a timeframe of two years. Had those recommendations been implemented, we would not be in the mess in which we find ourselves. The review group actually offered "to meet twice yearly, if required by the Minister, over the next two years to review progress made in implementing these recommendations." Will the Taoiseach let us know if any Minister took the review group up on that offer? If so, how often did they meet and which, if any, of the 18 recommendations have been implemented?

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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We had the opportunity last night to deal with some of these issues. The majority of the recommendations of the Toland report are now in an advanced state of implementation. Many have been implemented. Following the initiative on the part of the Taoiseach, which was announced yesterday, a further level of consideration will be given to bolster the recommendations of the Toland report with further proposals to ensure a smoother running of certain issues within the Department.

I keep in very close contact with the members of my management team, with whom I have had the opportunity of engaging today. I assure Deputy Connolly and the House that every effort will be made within the timeframe to ensure the full implementation of the Toland report recommendations. However, having regard to the events of the past two weeks, we are looking at going beyond Toland.

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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On page 108 of A Programme for a Partnership Government, it is acknowledged that agriculture is the heartbeat of rural Ireland. I am concerned that farmers supply to the food chain through multinational supermarkets which, because we have lost so many grocers and small shops, are gaining a monopoly in the market. The consumer will have to pay what these multinational supermarkets demand. There is also a monopoly being imposed on farmers by the meat factories. What is the Government going to do to protect farmers' incomes in the context of their dealings with the multinational supermarket companies and the meat factories?

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

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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They are dictating what the farmers get for their produce.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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There is no specific legislation on this matter. It is an objective of Government to protect farm incomes and that will be a major feature as we enter into negotiations for the new phase of the Common Agricultural Policy after 2020. Perhaps the Minister for Agriculture, Food and the Marine will be able to answer this query better by means of a parliamentary question or Topical Issue Matters.

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
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In the context of Rebuilding Ireland, there are 53 acres of council owned landbanks throughout County Louth. We are almost a decade into the housing crisis. The Taoiseach and the Government have been in government for the past seven years. The landbanks have also been there for that length of time and longer. There are more than 4,000 people and families on the housing waiting list in Louth, many of whom have been waiting for over nine years. There are more people on the housing waiting list in Louth than the entire council owned housing stock in the county. This shows the significance of the housing crisis in County Louth.

1 o’clock

However, the Government is still refusing to build social housing on these landbanks. Approximately 20 minutes ago the Taoiseach said money was no object in the roll-out of house building but that sites were a problem. Not for the first time, I am telling the Government that there are 53 acres of local authority owned land in County Louth. As we have the sites and money is no object, when will the Government roll out a social housing building programme in County Louth on council owned landbanks which sit idle and barren in the midst of a crisis?

12:55 pm

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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Louth County Council has done some excellent work in using its own CPO powers to bring properties back into use as social housing. We are trying to use it as a template for local authorities nationally which are not doing it as well as Louth County Council. In the next two weeks I will be writing to the chief executives of all local authorities, as well as to every councillor and Member of the Dáil, with the targets for each local authority area. They will be able to see exactly what social housing is to be delivered on each of their landbanks.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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The national broadband plan faces further delays, with regional authorities being informed that construction work may not begin until the middle of next year. This is a matter included in the programme for Government. Executives in rural development authorities have been told by officials in the Department of Communications, Climate Action and Environment that shovels are not likely to be in the ground in the first three months of 2018. In fact, they think it will be the summer or the autumn before work commences. They are now saying 540,000 rural houses and businesses will not receive broadband next year. That is what is being reported in today's edition of the Irish Independentand I thank the newspaper for setting it out. It is important factual information which we did not have until now. I ask the Taoiseach to make a statement, taking into consideration that the national broadband plan is included in the programme for Government.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Next year is only five weeks away and it is our objective to have the contract signed as soon as possible and homes connected next year. As the Deputy knows, there are only two bidders left. Inevitably, these things take time. There has to be a tender process and a contract and a further short period during which the unsuccessful bidder can challenge the process. At that point, the contractor has to mobilise and get the work done. After many years of delay, I am extremely confident that we will have the contract signed and that the work will get under way in 2018. The 500,000 homes and premises to which the Deputy referred will be connected in the next couple of years. I share the frustration of the House at the delays in getting to this point but 2018 will be the year it will happen.

Photo of Mary ButlerMary Butler (Waterford, Fianna Fail)
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I direct my question to both the Taoiseach and the Minister for Children and Youth Affairs. On page 81 of the programme for Government it is stated the Government is committed, with Tusla, to providing targeted intervention services for children. The Waterford unit of the ISPCC is being closed on Friday, 1 December. It is manned by 35 volunteers and two full-time staff who take 30,000 calls a year and support 20 families annually with a unique mentoring service. Tusla provides €9,000 but the cost of running the unit is €100,000. I appeal to the Minister and the Taoiseach for a four-week stay on the decision to allow a solution to be found by 31 December.

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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The ISPCC is an excellent organisation with which my officials and I work very closely on a number of fronts. Most recently, we have worked with it on the cases of children who have been made homeless. It is regrettable that it has decided that it has to close the office in Waterford and the two services it provides there. I understand from our recent conversations with it that any child from Waterford and the south east will continue to have full access to Childline. My understanding of how the service works is that when a child calls, he or she may be connected to a person who could be in any part of the country. I understand the mentoring service that is run from the office is mostly provided by volunteers for the ISPCC. They are finishing their work with some children and families. In cases where they have not finished it, they are working with local services to hand them over. That is my understanding of how, in the context of the decision to close, the ISPCC is ensuring the children in need will receive what they require. I will continue to work closely with the ISPCC to see if it is possible to find further funding in the new year.

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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Overnight, a change was announced to the mortgage lending rules of the Central Bank. In essence, it has become harder for second-time buyers to move on. We are all well aware of the chronic difficulties in the housing market. Apparently, the change is based on a presumption that second-time buyers are more settled and secure than first-time buyers. While that might be the position in a normally functioning market, many people coming out of negative equity and a recession are not in that position. This issue has a knock-on effect on supply because first-time buyers who face a lack of new builds will not be able to buy a home in the second-hand market which has been throttled. That, of course, in turn, has a knock-on effect on the rental market as there is no supply at that stage. The whole pyramid is throttled. I am aware that there is a limit to the extent to which the Government can instruct the Central Bank, but there are fora such as the Central Bank Commission in which policy matters can be discussed. I am sure it is not beyond the ingenuity of the Government to tackle this issue in other ways also. This is a real issue for many buyers and it affects the market as a whole. I hope the Government can address it.

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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As the Deputy has just indicated, as a Government, we do not play a role in any decision the Central Bank makes on criteria for access to loans to purchase homes. The only legislative relationship in this area requires that we be informed of what the Central Bank is doing, but it makes its decision and announces it. As the Deputy said, there are other measures at which we are looking to increase the supply of homes. There are also measures in the Finance Bill which I hope will be passed in the Seanad soon. I hope those measures will address some of the issues raised by the Deputy.

Photo of Margaret Murphy O'MahonyMargaret Murphy O'Mahony (Cork South West, Fianna Fail)
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What is the status of the student and parent charter Bill? The Bill will provide for a student and parent charter in every school and there are many schools across west Cork which are interested in seeing it implemented.

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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The Bill has been the subject of pre-legislative scrutiny at the joint committee and we are now proceeding to draft it.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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The Garda Síochána (Malicious Injuries Compensation) Bill has been promised. In view of the fact that up to 5,000 gardaí have been seriously injured in the course of duty in the past few years, when can we expect to see the Bill before the House?

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The expected date for submission of a text to the Government is before the end of the year. We will then proceed to agree the final text, with a view to engaging in pre-legislative scrutiny some time next year.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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That concludes questions on promised legislation. I regret that I did not have time to call seven Deputies.