Dáil debates

Tuesday, 22 May 2018

2:55 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Tuesday's business shall be No. 19, Judicial Appointments Commission Bill 2017 - Report and Final Stages (resumed); and No. 20, Road Traffic (Amendment) Bill 2017 - Report and Final Stages (resumed).

Wednesday's business shall be No. 19, Judicial Appointments Commission Bill 2017 - Report and Final Stages (resumed, if not previously concluded); and No. 20, Road Traffic (Amendment) Bill 2017 - Report and Final Stages (resumed). Private Members' business shall be No. 177, motion re European Union (Common Fisheries Policy) (Point System) Regulations 2018 (SI 89 of 2018), selected by Fianna Fáil.

Thursday's business shall be No. 1, Mental Health (Amendment) Bill 2017 - amendments from the Seanad; No. 21, statements on pay inequality in the public service, to conclude within 85 minutes, if not previously concluded; and No. 22, statements on the UK's withdrawal from the EU, to conclude within 85 minutes, if not previously concluded. No. 7, motion re report of the Joint Committee on Housing, Planning and Local Government entitled "Safe as Houses? A Report on Building Standards, Building Controls & Consumer Protection" of December 2017 shall be debated in the evening slot.

I refer to the first revised report of the Business Committee dated 17 May 2018. In respect of today's business, it is proposed that Private Members' business under Standing Order 143F for the Social Democrats-Green Party group will not be taken on Tuesday. However, the rota shall continue as if it had, with Fianna Fáil's Private Members' business on Wednesday.

In respect of Wednesday's business, it is proposed that any division demanded on the motion re European Union (Common Fisheries Policy) (Point System) Regulations 2018 (SI 89 of 2018) be deferred until immediately after the Order of Business on Tuesday next, 29 May.

In respect of Thursday’s business, it is proposed that:

(1) Weekly divisions will take place on the conclusion of the proceedings on the amendments from the Seanad on the Mental Health (Amendment) Bill 2017;

(2) The statements on pay inequality in the public service shall conclude within 85 minutes, if not previously concluded, and shall be confined to a single round by a Minister or Minister of State and the main spokespersons for parties and groups, or a member nominated in their stead, and shall not exceed ten minutes with a five-minute response from a Minister or Minister of State and all Members may share time; and

(3) The statements on the UK's withdrawal from the European Union shall conclude within 85 minutes and shall be confined to a single round by a Minister or Minister of State and the main spokespersons for parties and groups or a Member nominated in their stead and shall not exceed ten minutes, with a five-minute response from a Minister or Minister of State and all Members may share time.

3:05 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

There are three proposals to be put to the House. Is the proposal for dealing with Tuesday's business agreed? Agreed. Is the proposal for dealing with Wednesday's business agreed? Agreed? Is the proposal for dealing with Thursday's business agreed? Agreed.

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

We have repeatedly received complaints about the poor provision of services for people with disabilities, particularly children, and access to various therapies - including speech and language therapy, physiotherapy and occupational therapy - and respite care. I am conscious that significant sections of the Education for Persons with Special Educational Needs Act have not been commenced despite the fact that it is well over ten years since the latter's enactment in 2004. Key elements of the Act relating to the rights of children to early assessments and various other measures have simply not been commenced. Will the Taoiseach provide an update on the Government's progress in commencing the remaining sections of the Act, particularly those relating to the rights of children?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I do not have an up-to-date note on the Act in front of me but I will ask the Minister for Education and Skills to write to the Deputy with an update on the sections not commenced and when we propose to commence them. With respect to services, there have been two very significant improvements under way in the past few months. The first is the new pilot to provide speech and language therapy in schools, which will work in quite a few schools across the country.

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

That was our idea.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Speech and language therapy will be provided in schools, meaning children will not need to go on a Health Service Executive waiting list. It might be the way forward for many children who need speech and language therapy. There is also an additional €10 million to be put into respite, allowing us to open approximately 12 new respite homes across the country. That will be very much welcomed.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

The Joint Committee on Health was told two weeks ago, and again last week, that information relating to the detection rates in respect of the US laboratories contracted to conduct cervical screening tests would be made available to the committee. In response to a similar question from my colleague, Teachta Pearse Doherty, the Tánaiste stated on Leaders' Questions on Thursday last that if there were any commitments to make files or documentation available to committees, the information would be forthcoming. That information has not been forthcoming or provided to the committee. Will the Taoiseach please explain the delay? Will he and the Minister for Health enter into a commitment that the information will be provided to both the committee and the House today?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Some of the data were made available by CervicalCheck on 5 May. It provided statistics across the three labs currently being used indicating a similar positive predictive value in each of those labs but differences in terms of high-grade lesions, low-grade lesions and so on. I am told by the people who know about these things that it is not straightforward and the data must be put together and the confidence intervals must be worked out to see the statistical range. That information is not yet available. However, it is under specific terms of reference of the Scally inquiry, which is mandated to give us a report next month. If Dr. Scally has information that is of significance, there is a commitment to put it in the public domain as soon as it is available to him.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Is that a "Yes" or a "No"? I do not understand the answer.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

We do not want bits of information that people may misinterpret. It is important that when we get the facts, we get all of them. We do not have all of them yet.

3:10 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
Link to this: Individually | In context | Oireachtas source

As this is my first opportunity to do so, I join others in expressing my horror and revulsion at the murders in recent days of a child, Ana Kriegel, and a young woman, Jastine Valdez.

I wish to ask the Taoiseach about reports that the Cabinet today discussed the introduction of legislation to establish a rainy day fund. When will this legislation be introduced? The fiscal rules will uniquely prohibit the deployment of a rainy day fund on a rainy day. The whole idea of having a reserve fund is to deploy it when one needs to do so, but the fiscal rules will work counter to that. Is it not more logical to expend money now to prevent that rainy day happening by ensuring we have investment in infrastructure and the deficiencies we have identified in recent years?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Cabinet agreed this morning to give the Minister for Finance authorisation to draft the Bill to which the Deputy refers. The rainy day fund will be established in 2019, so-----

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
Link to this: Individually | In context | Oireachtas source

Next year.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Yes, next year. Therefore, the legislation will obviously need to be in place sometime before the end of next year to allow the fund to be established, with €1.5 billion going in from the Ireland Strategic Investment Fund, ISIF, and €500 million being added per year. To answer the Deputy's question very frankly, a balance is required. Yes, we absolutely need to invest in infrastructure in order to allow our economy to continue to grow, allow our society to develop and remove bottlenecks. This is why we published Project Ireland 2040 before setting up the rainy day fund setting out how capital spending will increase from a relatively low level in Europe to one of the highest across the period of Project Ireland 2040. There will be a 25% increase in investment in public infrastructure next year alone. We are therefore very much providing for increased investment in public infrastructure, transport, housing, health and so on. However, we do not want to go back to the policy of the past, which was the philosophy of "when I have it, I spend it" because we all know where that leads. Quite soon afterwards, one does not have it any more. This is why we think it is prudent, at a time when the economy is growing very strongly, that we do balance the books and set aside a small surplus to prepare for inevitable downturns, shocks and economic problems that will arise at some point in the future.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

We add our voices of sympathy and solidarity for the families of those murdered at the weekend.

In the last week there has been a notable change in the tone of the debate surrounding the eighth amendment for the better. I also commend the remarkable surge in energy and determination of those who are campaigning in this referendum, particularly on the Yes-Tá side, up and down the country and in every town and village. Given that the polls show there may indeed be success for the Yes side in the referendum, and without counting our chickens before they hatch, has the Cabinet given any thought to when it would introduce the legislation that will allow for removal of Article 40.3.3° from the Constitution, should the country, with all due respect to everyone who votes on Friday, decide that is what it wants to do? Has the Cabinet decided when it will table legislation to be brought before the House? Every day we waste is another day 12 women are exiled from the country and at least five women illegally take abortion pills in solitary confinement in their homes to suffer without-----

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

I am sorry, but the Deputy's time is up.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

-----the medical supervision of doctors. Has the Cabinet thought about when it will bring that legislation before the House? We argue it should do so ASAP.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

While I appreciate the Deputy's earlier remarks, and I know many people who have been campaigning, and talking to people would probably share her sentiments, we should wait until the people speak-----

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

That would be a good idea.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

-----before we move to legislation. The referendum is only a few days away now. The public will vote on Friday; we will know the result on Saturday. Should the people decide to delete the eighth amendment, Article 40.3.3°, from our Constitution, the Government and I hope the Oireachtas will support us in this regard. We will legislate along the lines we have proposed in the general scheme of the Bill. Obviously, there is always the possibility of a legal challenge to the referendum result. That has happened before. We will have to publish the legislation and get it through both Houses of the Oireachtas. However, I caution against any complacency at this stage. With the exception of a few postal voters, very few people have voted.

The result of the divorce referendum came down to one vote in every ballot box: we should not forget that.

3:20 pm

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

We are out canvassing every day. There is no complacency.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Opinion polls have been wrong in the past. The opinion polls for the Seanad referendum always showed a strong majority for its abolition and that did not happen. I caution against any complacency.

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

I do not know of any complacency.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

I remind Members that we have one minute for a question and one minute for an answer.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
Link to this: Individually | In context | Oireachtas source

There is an old saying that one should never count one's chickens before they are hatched. The Taoiseach has had a chance to broadcast here. I am asking him again what I asked him last week. The Minister, Deputy Eoghan Murphy, is now gone. The Taoiseach just said that with the exception of postal voters very few had voted. I wonder who else might have voted? What is the Taoiseach going to do about the register? I asked the Minister, Deputy Murphy, about this matter. I wrote a letter to him which I hand delivered today about the French student in NUIG who was illegally put on the register in Galway. How many others have been put on? The register is a mess. People have been put on twice. When will the Government hold an investigation? Will it be when the votes have been counted? Will the Taoiseach enlighten us as to who else has voted other than the people with postal votes, rather than use the Order of Business to promote the "Yes" side, examine the register and have the Minister, Deputy Murphy, look into the illegal activity? It is an undocumented mess with people being on illegally, including people who did not seek to go on the register and are not eligible. This is a French citizen who is only here to study. Will the Taoiseach deal with that instead of campaigning for more and more votes for the "Yes" side? Let the people decide. We will accept what the people decide but we will not before they have decided, and before the polls are even open on Friday morning.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Deputy McGrath can cool the conspiracy theory. The people who have voted so far are postal voters.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

There is also the islands.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There is early voting on islands and also some nursing homes. I do not know if they voted today or if it will be the following day, but that is the norm.

Regarding the allegation that a French student was put on the register-----

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
Link to this: Individually | In context | Oireachtas source

It is not an allegation, it is a fact.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

-----I understand that it has been refuted.

One thing that is very encouraging is the huge number of young people who registered to vote in recent weeks. It indicates that young people want to have a say in this referendum and it is young people who will be more affected by laws that we make in relation to the termination of pregnancies. No matter how they vote, I am really encouraged that there has been such an upsurge in the numbers of young people registering to vote.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

Tá an t-ábhar seo ardaithe go mion minic agam maidir leis an bplean gníomhaíochta agus an Straitéis 20 Bliain don Ghaeilge agus tá sé deimhnithe go minic ag an Aire Stáit go bhfuil sé ar tí é a fhoilsiú, ach le déanaí nuair a chas sé le na cathaoirligh de na coistí uilig, dúirt sé go hionraic agus go díreach nach bhfaca sé aon phlean gníomhaíochta agus nach raibh aon eolas aige. An féidir a rá anois cén uair a bheas an plean gníomhaíochta á chur os comhair an Cabinet?

Photo of Joe McHughJoe McHugh (Donegal, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Tá brú ama ann faoi láthair. Táim dóchasach go mbeidh an t-ábhar seo ar an gclár Rialtais ar an 12ú Meitheamh agus ba mhaith liom mo bhuíochas agus mo aitheantas a ghabháil chuig an Teachta Connolly fá choinne an brú air sin agus an pointe fosta. Beidh sé réidh i ndiaidh an chruinniú ag an bord Rialtais ar an 12ú Meitheamh.

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

Last Thursday, Transport Infrastructure Ireland and the National Transport Authority gave presentations to the transport committee on congestion in Dublin. Transport Infrastructure Ireland said that the main solution to congestion in Dublin would be the widening of the N7 between Naas and Newbridge, widening the N2 and the N3 and the upgrade of the N11. Nothing has changed. We are based in the same old transport policy where we are building roads. I do not know where those cars on the widened approach roads to Dublin will go but they will go into gridlock. In the same meeting the National Transport Authority said that it did not have the necessary resources and engineers to design the BusConnects solution and the cycling solutions that we need, which should be how we tackle this problem. Will this Government move away from the current system and create a new agency which would be responsible for the designing of sustainable transport infrastructure because Transport Infrastructure Ireland is not able to do it?

It is just like the old National Roads Authority, NRA; all it wants to do is build roads. We need a new agency to build bus and cycle lanes for this and every other city in the country.

3:30 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I cannot count the number of times that politicians have said that the solution to our problems is the creation of another agency. I refer the Deputy to Project Ireland 2040 which sets out a really ambitious plan to invest in public transport in particular in the city, not just MetroLink, which is metro north and metro south combined-----

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

That did not even get a mention. All TII wants to do is build motorways.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There will be a €2 billion investment in BusConnects and improvements to our bus services as well as many other very worthy public transport projects.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
Link to this: Individually | In context | Oireachtas source

It is some considerable time since the Minister for Employment Affairs and Social Protection promised to introduce legislation to prevent companies which are solvent, such as Independent News and Media, INM, from closing down their defined benefit pension schemes but we have not seen that legislation yet. Can we expect it before the summer recess and what is the reason for the delay?

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

That legislation is tabled for Thursday week.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Taoiseach has referred to MetroLink, metro north and BusConnects which are very ambitious projects, but their delivery is a decade away. In the meantime, traffic congestion is costing this country about €360 million per annum. Last week, as Deputy Eamon Ryan said, the CEO of TII was before the Oireachtas Joint Committee on Transport, Tourism and Sport. One of the short-term measures he identified to help with congestion in Dublin was to introduce varying speed limits on the M50. However, in order to do that, he requires legislation. Does the Taoiseach have confidence that it will dawn on Deputy Ross that he is the Minister for Transport, Tourism and Sport and that he has responsibility for congestion in the capital city? He does not seem to realise this. When can we expect the required legislation to come before the House?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There is no legislation promised on that of which I am aware but I will certainly double check with the Minister.

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

In reply to my leader, the Taoiseach mentioned a speech and language pilot or demonstration project that is being launched in schools and said this would take children off the HSE waiting lists. I ask the Taoiseach to confirm that every child in one of the 75 schools and preschools will be taken off the HSE waiting list and given speech therapy in school. I am concerned because this project has no vision or programme of action and the last line of the press release on it states that in some instances, where children have significant and persistent needs, direct one-on-one support will be provided in preschools and schools for those children. How does that tally with the Taoiseach's statement that children would be taken off the waiting lists in those schools?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

It is a pilot scheme so we will have to see how it works out. The real intention is to avoid having to refer children to the HSE in the first place. Children will receive speech and language therapy in schools and preschools, thus avoiding them having to be referred to the HSE and ending up on a waiting lists. Perhaps I did not explain it very well earlier.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

I refer to the commitments in the programme for Government's on employment. We have a problem with regard to Garda vetting. If a substitute teacher in County Kerry gets Garda vetting for one school but gets offered work in another school, he or she has to go through the Garda vetting process again. This is totally ridiculous. I appreciate that there must be checks and balances with regard to people working in our health service and our education system but if a person is Garda vetted and given clearance, surely that is good enough for that person to work in any school or in any other position in this country. The delay caused by having to reapply for Garda vetting again and again is a serious problem for the people I represent. In the past couple of weeks alone I have been absolutely inundated with cases of people having difficulties with Garda vetting. It is having an effect on their employment prospects. I ask the Government to make a sensible, proactive change to the Garda vetting system.

3:40 pm

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

I too ask the Government to bring some common sense to our Garda vetting regime. Some might say I have a conflict of interest because I have an old bus and my drivers have to comply with Garda vetting guidelines. The escort on a bus might be vetted by the Garda to mind the children on the bus but he or she must be vetted again if he or she wants to drive the bus.

Transport services are very important for bringing disabled children to special schools and the elderly to day care centres. A driver can be Garda vetted by one contractor but if he wants to drive a bus for another contractor, he must be Garda vetted again. The same applies to day care centres. The girls and men vetted to work in a home in Kenmare must be vetted again to work in the home in Kilgarvan.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

The Deputy might submit a topical issue.

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

It is absolutely ridiculous. If a person has been vetted by the Garda once, it should last for five years at least, or until the need arises to vet him or her again.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

I have to declare a possible conflict of interest as I am an associated person.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I will ask the Minister for Justice and Equality to provide the Deputies with the reply on that although I recall raising this issue myself when I was in the Department of Health because people often move from one hospital to another every six months. It can be very inconvenient for people to have to be vetted by the Garda every six months. One of the explanations given to me at the time was that it is a matter of putting safety first rather than convenience for the employee because people who are a danger to children often move from job to job. That was one of the things that had to be taken into account.

Photo of Michael CollinsMichael Collins (Cork South West, Independent)
Link to this: Individually | In context | Oireachtas source

On page 121 of the programme for Government, under trade negotiations, the Government promised to ensure our national interests are protected in any future trade deal discussions, with particular focus on beef and food safety standards. A group of MEPs on an inspection visit to Brazil found that country does not have the same traceability standards for beef as EU producers. Records are only kept of batches of animals slaughtered at a particular plant but they cannot be traced back to the individual farm. This is a public safety issue. What steps is the Government taking in light of a possible Mercosur deal to protect the public in terms of the safety of food that may be imported into Ireland?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

With regard to trade negotiations, the Irish voice is heard very clearly and loudly, particularly when it comes to beef and agriculture.

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

A couple of weeks ago, I asked questions and received answers on the Common Fisheries Policy, Ireland's adherence to it, and the degree to which success could be recorded regarding fish conservation. I note now that there seem to be rumours abroad to the effect that the EU Commission proposes to take infringement proceedings against this country, which would have a consequential negative financial impact. How is it proposed to deal with that proposal since it is a major and very sensitive issue?

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank Deputy Bernard Durkan for his question. The Government's strategy on dealing with infringement proceedings initiated by the Commission against us is twofold. By way of background, we already had a withholding of substantial funds, amounting to €2.7 million in 2017 and €4 million in 2018. As a consequence of non-compliance with a regulation of 2009 - we are the only member state that is not compliant - there is potential for the withholding of funds worth up to €37 million under the European Maritime and Fisheries Fund. That, allied to the possibility of successful infringement proceedings imposing additional daily fines on us, has necessitated movement by the Government in terms of a statutory instrument to deal with an EU points system for serious offences in the fishing industry. It would be activated against a small minority who may be carrying out serious offences. I refer not only to Irish fishermen but also to all fishermen who fish in our waters.

That is part of the strategy to mitigate the case of infringement proceedings against us as well as the introduction of primary legislation to deal with a points system for skippers and masters of vessels.

3:45 pm

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I wish to inquire about promised legislation on the regulation of rickshaws. The Minister, Deputy Ross, previously rejected legislation that was brought forward to regulate the operation of rickshaws stating that it was flawed. He gave a commitment to bring forward his own legislation. That was some 18 months ago. People are operating rickshaws on a daily basis throughout our cities without any form of insurance. In the absence of regulation, the lives and safety of passengers and members of the public are being put at risk and it is also enabling drug dealing to take place throughout our cities. Where is that legislation now given that it is 18 months since it was promised? We need to ensure safety and standards in the operation of rickshaws. When can we expect to see that legislation before the House?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I understand a policy paper was submitted to the Minister, Deputy Ross, in March. I will ask him to provide a further update to the Deputy by correspondence.

Photo of Eugene MurphyEugene Murphy (Roscommon-Galway, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Section 22 of the Protection of Life During Pregnancy Act 2013 clearly states the threat posed to a woman who carries out an illegal abortion, a threat of 14 years in jail, which is absolutely shocking. Most Members of this House would say that is appalling. Why has the Taoiseach not moved to repeal this? My legal information is that it could have been easily done. He has been in government for seven and a half years as part of two regimes. He is a former Minister for Health. I ask him an honest question. Why did he not move to take this appalling piece of material out of that Act? It is chilling and outrageous. My view is that it can be changed by a vote of this House. The Taoiseach might clarify that for me.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy is absolutely right; it is terrible and outrageous. In order to change it we need to repeal the eight amendment on Friday.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Hear, hear.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
Link to this: Individually | In context | Oireachtas source

No.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

This is the advice of the current Attorney General, it is the advice of the former Attorney General and it is supported by two former Attorneys General-----

Photo of Eugene MurphyEugene Murphy (Roscommon-Galway, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

That is not my legal advice.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

-----Michael McDowell and John Rogers. I will explain to the Deputy why that is the case. I am sure he has read what the eight amendment states. Article 40.3.3ostates that the right to life of the unborn is equal to the right to life of the pregnant women. Therefore, the right to life of a foetus-unborn child of one, two, three, four or six days gestation is equal to that of any woman in this Chamber, any woman walking down the street, the Deputy's sister or mother.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
Link to this: Individually | In context | Oireachtas source

Not true.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Therefore, if you kill your mother or sister, the penalty has to be the same as it is if she had an abortion. That is what the eight amendment says and it even goes further. It says that the State must vindicate that right. That is why the penalty for having an abortion in Ireland has to be equivalent to the penalty of homicide because that is what the eight amendment means.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

Two Deputies are still offering. If they can ask a question in 30 seconds I will take their questions. I call Deputy Tony McLoughlin.

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

I have a question for the Minister for Agriculture, Food and the Marine relating to the delay in payments to farmers who are part of a commonage at Killerry in Ballintogher, County Sligo. One farmer has told me he is at the loss of about €40,000 and others are at the loss of about 140%. I ask that this would be dealt with as a matter of urgency. Thirty farmers are involved in that commonage on which a fire occurred last year. It is time this matter was resolved in the interest of those farmers. I have met them and they are certainly out of pocket. I ask the Minister and his officials to examine this matter again as a matter of urgency and to ensure it is resolved.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am not familiar with the detail of the commonage referred to by the Deputy. If he wishes to bring the details to my attention I can have the matter investigated.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

I call Deputy Pearse Doherty.

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

When the Minister, Deputy Harris, apologised to the 600 patients who were left on trolleys earlier this year he said he was the Minister with a plan, he had the resources and he was going to build capacity. A total of 458 patients are on trolleys and in wards today as I speak, including 21 in my county hospital of Letterkenny, there having been 20 patients on trolleys last Friday and 30 patients on trolleys last Wednesday. The reason I raised this matter is that a 19-bed ward in Letterkenny University Hospital is lying empty. The hospital management asked last year for resources to reopen that 19 short-stay bed ward, yet the Government and the HSE have turned a blind eye to a capacity issue that can be quickly addressed. As a former Minister for Health and the leader of this Government, will the Taoiseach intervene to make sure the €1.8 million required is made available in order that we can increase the capacity and take patients off trolleys and accommodate them in proper beds in Letterkenny University Hospital?

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
Link to this: Individually | In context | Oireachtas source

I call the Taoiseach to conclude.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Minister of State, Deputy Daly, will respond to the Deputy.

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am aware of the issue. My colleague seated to my right, the Minister of State, Deputy McHugh, has discussed that matter on a number of occasions. As Deputy Doherty will be aware, a bed capacity review has just been completed. We are identifying and working with the HSE to open up beds in as many places as possible and, in particular, we are identifying those that are ready to go.

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Those beds were ready to go a year ago.

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I ask the Deputy to let me finish. We have to do this in a holistic way. We cannot go around just picking bits and pieces. We have already opened 200 additional full-time beds this winter which are separate from transitional step-down care beds. We will continue that programme and we hope to do so in the coming year. By April of this year the HSE had submitted a series of suggested openings for us, which are currently being considered. As the Deputy will be aware, funding of €40 million has been made available as part of the winter initiative to open beds specifically to deal with the trolley crisis.