Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 20 Feb 2018

Vol. 965 No. 7

Order of Business

Today’s business shall be No. 7, motion re seventeenth report of the Committee of Selection; No. 8, motion re Sectoral Employment Order (Mechanical Engineering Building Services Contracting Sector) 2018, back from committee; No. 9, motion re report on service by the Defence Forces with the UN in 2016, referral to committee; No. 10, motion re parliamentary questions rota change; No. 11, motion re Health and Social Care Professionals Act regulations, referral to committee, and No. 29, statements on Project Ireland 2040. Private Members' business shall be No. 172, motion re Dublin traffic, selected by Fianna Fáil.

Wednesday’s business shall be No. 29, statements on Project Ireland 2040, resumed, if not previously concluded; No. 3, Public Service Superannuation (Amendment) Bill 2018 - all Stages, to be taken at 4.15 p.m. and to conclude within three hours; No. 29, statements on Project Ireland 2040, resumed, if not previously concluded; No. 30, statements on the Report of the Joint Committee on the Eighth Amendment of the Constitution, to be resumed at 7.15 p.m. and to conclude not later than 8.15 p.m., if not previously concluded, and No. 29, statements on Project Ireland 2040, resumed, to adjourn not later than 8.15 p.m., if not previously concluded.

Private Members' business shall be No. 173, motion re agriculture trade talks, selected by Fianna Fáil.

Thursday's business shall be No. 29, statements on Project Ireland 2040, resumed, to adjourn if not previously concluded. Second Stage of No. 48, the Digital Safety Commissioner Bill 2017, will be taken in the evening slot.

I refer to the second revised report of the Business Committee, dated 16 February 2018. In relation to today's business, it is proposed that: (1) the motions re the seventeenth report of the Committee of Selection, the sectoral employment order, the report on service by the Defence Forces with the UN in 2016, the parliamentary questions rota change and the Health and Social Care Professionals Act regulations shall be taken without debate; (2) in the opening round of the statements on Project Ireland 2040, statements of a Minister or Minister of State and the main spokespersons of parties and groups, or a Member nominated in their stead, shall not exceed 30 minutes each, all other Members shall not exceed ten minutes each with a ten-minute response from a Minister or Minister of State and all Members may share time, and the statements shall adjourn not later than 8 p.m., if not previously concluded; and (3) notwithstanding anything in Standing Order 143F, the rota for Private Members' business from 20 February to 7 March shall be in the following temporary sequence: Fianna Fáil, Fianna Fáil, Rural Independent Group, Fianna Fáil, Social Democrats-Green Party, Independents 4 Change, whereupon the sequence in the Standing Order shall continue.

In relation to Wednesday's business, it is proposed that: (1) statements on Project Ireland 2040 shall adjourn not later than 4.15 p.m., if not previously concluded, and shall resume, time allowing, after the Public Service Superannuation (Amendment) Bill 2018 and the resumed statements on the Report of the Joint Committee on the Eighth Amendment of the Constitution; (2) the proceedings on Second Stage of the Public Service Superannuation (Amendment) Bill 2018 shall commence at 4.15 p.m. and shall be brought to a conclusion after two hours and 30 minutes and any division demanded on the conclusion of Second Stage shall be taken immediately; the Speech of a Minister or Minister of State and the main spokespersons for parties or groups, or a Member nominated in their stead, shall not exceed ten minutes each, all other Members shall have five minutes each with a five-minute response from a Minister or Minister of State, all Members may share time; and proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion after 30 minutes by one question, which shall, in relation to amendments, include only those set down or accepted by the Minister for Justice and Equality; (3) statements on the Report of the Joint Committee on the Eighth Amendment of the Constitution shall resume at 7.15 p.m. and conclude not later than 8.15 p.m., if not previously concluded; and (4) Private Members' business shall be taken at 8.15 p.m., to conclude after two hours and the Dáil shall adjourn on its conclusion.

In relation to Thursday's business, it is proposed that statements on Project Ireland 2040 shall adjourn not later than 5 p.m., if not previously concluded.

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

It is my genuine belief that there are many children in the country who are not being looked after and who are in vulnerable situations, from those with disabilities to those waiting for hospital and outpatient appointments. The programme for Government makes it clear that we need to plan ahead for this new generation by putting in place measures that provide them equality of opportunity, etc.. However, the latest figures from, for example, the National Treatment Purchase Fund, NTPF, show that 8,726 children have been waiting over 18 months for outpatient appointments with consultants. Further analysis shows that overall 52,000 children are waiting for appointments and that 15,000 of them have been waiting for more than a year. By any yardstick, these are worrying figures in terms of how children are being prioritised by the health service and they illustrate that commitments in the programme for Government in respect of children and young people in general are not being realised.

The Deputy's minute is up.

Why are the lists in respect of children getting longer? Can the Taoiseach outline the Government's intention to get to grips with this issue?

I do not have the breakdown of the different lists to hand-----

It was published yesterday.

-----but the Government certainly does not wish to see anyone, child or adult, waiting long periods for treatment. I know the figures that came out just last week show that the number of patients waiting for an inpatient or day case procedure such as procedures on hips, knees and cataracts - all those procedures that people need - was down another 1,264 on the previous month and from a peak of 80,000. We are, therefore, very much going in the right direction when it comes to procedures and surgery. I absolutely accept that we are still going in the wrong direction when it comes to outpatient appointments. Regarding children on outpatient waiting lists, I am told 64% wait less than a year but that more than 36% can wait more than 12 months. The HSE has confirmed that there had been challenges in reducing outpatient waiting times for both children and adults due to difficulties recruiting consultants arising from retirements and vacancies-----

The Taoiseach must conclude now.

-----but in the past two years the focus has been on inpatient day case waiting lists, which-----

I call Deputy Mary Lou McDonald.

I was glad to hear that this morning the Minister for Health brought to Cabinet the draft legislation to allow for a referendum to repeal the eighth amendment. This is a very welcome step, and we in Sinn Féin for our part hope this Bill will come before the Dáil at the earliest possible opportunity. In a tweet this morning, the Minister, Deputy Harris, said the referendum Bill will be finalised in the coming days and that he will publish the Bill on 6 March. If matters will be concluded in the coming days, why the delay until 6 March? Furthermore, will the Taoiseach clarify whether the referendum date will in fact be 28 May? The Minister, Deputy Regina Doherty, intimated that it might drag into June. I wish to establish that it will in fact be a May referendum. I know many people who are following this debate closely are concerned about the date of the referendum, not least young voters and students-----

May we get an answer then?

-----for whom a June voting date is highly problematic.

The Minister for Health sought and received approval today to draft the referendum Bill to delete Article 40.3.3° from the Constitution and insert a new article enabling the Oireachtas to regulate abortion services in Ireland. The wording is the wording we gave at the press conference some weeks ago. The intention is to publish the Bill in the first week of March but we need to get some further legal advice on the precise wording. We are confident it is fine, but we need to get some further advice on it and the place in the Constitution where it should rest. We anticipate having the legislation ready in the first week of March. It is the Government's intention to hold the referendum before the end of May, notwithstanding some reports I have read to the contrary. We are on schedule in respect of the timeline we have set out. However, I cannot make any promise to the Deputy in this regard because I do not control this House or the other House and it will be in the hands of the Houses-----

We are out of time. I call Deputy Howlin.

-----to ensure that the referendum Bill passes this House and the other House quickly and is not held up. I cannot make any promise in this regard.

I wish to return to the point made about the commitment in the programme for Government to reduce waiting times for hospital outpatient appointments. I note what the Taoiseach said about slipping and going in the wrong direction. Yesterday, I was contacted by a constituent living in the town of Wexford who had been referred to a neurologist in St. Vincent's University Hospital. He got a letter from the hospital on 14 February - he was very happy even to be given an appointment - stating an appointment had been arranged for him at the waiting list triage clinic in the neurology department on the ground floor of St. Vincent's Hospital at 9 a.m. on 1 January 2024. It almost takes the proverbial when the next line states:

Please present this letter to the receptionist on arrival ... If you are unable to [make] this appointment, it is important that you phone [to] cancel on the number above. We may be able to give your appointment to another patient.

The letter then states the hospital may be able to give the appointment to another patient. That is six years from now. What is happening with outpatient appointments? Is this in any way acceptable?

I imagine or suspect that is an error. I worked in hospital medicine and community medicine for seven years and I often saw people get appointments for six months or four months later but I never saw anyone get an appointment for six years' time. If the Deputy would like to pass it on to me or the Minister, Deputy Harris, we will have it examined. As I said, there are different types of waiting lists. The waiting list for people awaiting procedures and operations for hips, eyes, knees and cataracts has fallen from a peak of 86,000 to 80,000 and we expect it will continue to fall. We know what needs to be done now, which is to apply this to outpatients.

The Cabinet met this morning to discuss the promised legislation relating to the referendum to repeal the eighth amendment. This has already been raised. The one thing the Taoiseach can control is the bringing of the Bill into the Dáil for debate. Why will that take two weeks from today? The Government has known about the Citizens' Assembly's recommendation since last April and it has had a chance to draft many possible Bills. The danger is that if we wait, we will not be able to meet the May deadline, which is the optimal time to vote for young people and students most affected by this. The campaign has begun already. Graphic images are being put in front of students at colleges and people walking down the street. We cannot set up the referendum commission until the Bill is brought to the Dáil. I do not understand the delay in bringing the referendum Bill. There is no need to wait until International Women's Day. If it is for publicity or kudos, that is a bit selfish because people really need to have this referendum at a time which facilitates most people. It is clear the burden of passing this referendum will fall to civic society because of the disunity of the establishment, so at least bring us the Bill quickly.

As is always the case, to ensure a referendum passes will require both political leadership and civic society. If we just have one and not the other we will be in difficulty but I am confident we will have both and that the referendum will be approved by the people. I can understand where the theory comes from on the link to International Women's Day. That is not the reason. I am conscious of the separation of powers in answering this question. There is a case before the Supreme Court with regard to the definition of "unborn" and it may be prudent for us to see what that judgment does.

There are many failings in our health system and many waiting lists in various areas but what is most serious is when we hear of people waiting on the flat of their back to get a bed in the coronary unit in Cork University Hospital, CUH, and that they cannot be operated on. They wait two or three weeks for aorta valves and various procedures. A queue is building up as no beds are available in the CUH coronary care unit. This is very serious. We asked this question last year and it was dealt with at the time but we are in trouble again. Will the Taoiseach ask the Minister to see what is wrong and alleviate the pressure? Families who have a loved one waiting for a serious heart operation are wondering whether the person will stay alive long enough to have the operation. The worry of this is immense and it needs to be dealt with.

I do not have information on that particular service but I will raise it with the Minister for Health and ask him to contact Deputy Healy-Rae about it.

I want to raise the issue of the closure of two theatres in Merlin Park University Hospital in the context of the commitment in the programme for Government to reducing waiting lists. On 3 March, the two theatres will have been closed for six months. We are in the second decade of the 21st century and two operating theatres in Merlin Park University Hospital have remained closed due to a leak in the roof. The issue has been raised many times in the Dáil by me and other colleagues. We were told that once the leak was repaired the operating theatres would be opened. Since then we have been told they cannot be opened because the clinical assessment now is that their design is not suitable, begging the question as to why the design was not dealt with beforehand.

My specific question is whether the Taoiseach can stand over a situation whereby, six months later, the two main orthopaedic theatres in Merlin Park University Hospital remain closed. We are still looking at a tender process for modular theatres. Tied in with that, the Taoiseach made an announcement on Friday about an elective hospital. Is that elective hospital based on the options appraisal that is still under way and will not report until May, or has it been picked out of the sky?

There is no legislation promised on this matter, nor is it covered in the programme for Government, but I did give a detailed response to Deputies on the question of Merlin Park University Hospital specifically last week during Questions on Promised Legislation. I refer the Deputy to that answer.

There are 120,000 recorded monuments in the country, and only 1,000 of them are owned by the State. The vast majority are not accessible and are not cared for in a proper way. Perhaps the biggest example of that is recent evidence from independent experts which has been presented to our party's Senator Grace O'Sullivan, showing the damage done to Skellig Michael in recent years. Damage has been done both to the wildlife, despite it being a special protected area for bird life, and also to the physical archaeology there.

The only interest Fine Gael seems to have in heritage matters is in progressing the Heritage Bill 2016, which it has placed before the Dáil. That Bill is about burning our uplands and cutting our hedges in a way that threatens wildlife. Could the Taoiseach hold that Bill back at this stage and recognise that it is a deeply flawed piece of legislation? Instead of forcing it through, could he introduce a heritage Bill which actually develops and protects our natural heritage sites in a cohesive and comprehensive way? Why is the Taoiseach burning and cutting up our heritage rather than protecting it, which is what he should be doing?

Briars are also burnt out on the road.

I am not sure what is the connection between Sceilig Mhichíl and that particular legislation.

However, I understand-----

The birds are not so foolish as to be on the side of the road.

Deputies, please let the Taoiseach speak.

One would have a hard time setting fire to the birds on Sceilig Mhichíl. I guarantee it.

The birds need wing mirrors.

I understand that legislation is being advanced for reasons of road safety and other matters.

I compliment the leaders here today on raising the very important issue of distressed mortgage owners and the fact that they are terrified and worried. I want to give the Kerry perspective, because I was asked to raise this very important issue here today. I appreciate the response that the Taoiseach has already given. However, it is a most serious issue. We must think of these people, working every day of the week trying to pay their mortgages. Vulture funds can come along and buy their loans at a massive write-down, but the mortgage holders cannot benefit from that. If this Government, and the Opposition working with it, want to be remembered for doing one positive thing, that would be protecting those people. There are businesspeople with mortgages that they desperately want to pay. As the Taoiseach said earlier, they are respectable people. All they want to do is to pay off their loans, but they do not want to be robbed by these vulture funds. If the legislation is not prepared, it should be drafted and introduced, and it should be watertight to protect these people.

On that same subject, I strongly support the points raised by the various spokespersons on this issue today. This is a means of protecting those mortgage holders who are making a deliberate, specific and valiant attempt to meet their requirements. We must differentiate them from those who do not wish to pay, do not engage and have made no attempt to pay. It is hugely important to reassure the thousands of people who are likely to be affected, as well as the other banks that are about to take similar action. It is utterly unthinkable that nothing would be done about it. As I have said before, I have already circulated a Bill to the Minister that would do a similar job. The purpose is to introduce a code of conduct to take this away from the sole control of the banks and to put it in the hands of legislators.

I wish to add to the debate, given that Independent, Fine Gael, Fianna Fáil, Sinn Féin Front Bench and back bench Members have now all spoken on this issue. I also spoke on it last Thursday. I re-emphasise its importance and I want to let the Taoiseach know that there is 100% support across the floor for the Bill that will be introduced by Deputy Michael McGrath tomorrow. I urge the Taoiseach not only to support it, but also to ensure that it passes speedily into law.

This is a hugely important issue for Deputies given the number of people who have raised it today. I reiterate that, as a Government, we stand on the side of people and families who are making an honest attempt to settle their debts and pay off their mortgages and loans, whether business or personal loans. PTSB has not yet sold any of these loans and it has not identified a buyer. People are assuming that the buyer will be a so-called vulture fund. I am not sure if that assumption is correct. PTSB is required to consult the Minister for Finance before advancing any sale because we are the 75% owner of the bank. That has not yet happened.

A Code of Conduct for Mortgage Arrears is in place and it applies to loans and mortgages that are sold on to another buyer. Under the code, a lender may only commence legal proceedings for repossession of a borrower's primary residence where the lender has made every reasonable effort under the code to agree alternative repayment arrangements with the borrower and the specific timeframes set out in the code have been adhered to or the borrower has been classified as not co-operating and notified in accordance with the code. When the courts are presented with repossession cases, they take that seriously.

The programme for Government contains a commitment to tackle illegal dumping which has blighted many communities, both urban and rural. Only last night, residents in the Tolka Valley area of south Finglas asked when technology could be further utilised to tackle this scourge. Page 136 of the programme promises precisely that. What is the Government doing to tackle illegal dumping in respect of the utilisation of new technology such as drones and closed circuit television, CCTV, systems?

I thank the Deputy for raising this important issue. The Tolka Valley straddles his constituency and mine, and a few others. It is a very beautiful place that is often blighted by illegal dumping. Under the Minister for Communications, Climate Action and Environment's new 2018 anti-illegal dumping initiative, €2 million has been allocated for smart technology, including imagery from drones and satellites as well as CCTV. The drones, satellites and other technology will allow us to identify illegal dumping and identify the perpetrators.

The "Creating A Social Economy" chapter of the programme for Government commits the State to using its bank shareholding in the best interests of the Irish people. At 7.15 this morning, three of what I can only describe as "heavies", dressed in black and acting on behalf of a vulture fund, seized a factory in Navan and told the 20 employees turning in for work at 7.30 a.m. to go home. The company had its loan book sold on by a bank to the vulture fund and it seized that viable factory this morning. How is the Government using its bank shareholding in the best interests of the Irish people beyond the commercial interest the Taoiseach cited earlier? I have 20 people standing outside in the cold in Navan anxiously waiting to know.

It is in the best interests of the Irish people that they get their money back from the bank bailouts and we will get at least half of it back, if not more. It is in the interests of the Irish people that their deposits in the banks are protected and it is in their interest that banks operate commercially in order that they can lend to people who need to borrow money, businesses and others. That is how we use our shareholding to make sure that the banks operate in the best interests of the Irish people.

I do not have any knowledge of the case the Deputy raised and, therefore, it would be wrong for me to comment on it, but suffice to say that before any repossession can occur of a home or a business, the case has to be heard in court and the judge has to be satisfied that the grounds for repossession are legitimate.

Page 41 of the programme for Government states: "The ultimate goal of the new Government will be to deliver sustainable full employment. This will mean an extra 200,000 jobs by 2020, of which 135,000 will be outside of Dublin..." There is serious concern and frustration among people in the midlands over the high unemployment rate, which currently stands at 9.3%. There is also great frustration over the failure of IDA Ireland to deliver jobs in the region. Last year, for example, there was a net job loss of 198 in County Longford while only 26 additional jobs were created in County Offaly and four in County Laois.

How many of the 135,000 jobs to be created outside of Dublin have been created to date? How many of those jobs have been created in the midlands region and what does the Government plan to do to tackle the dismal and unacceptable record on job creation of the IDA in the midlands?

In 2017, 45% of the jobs created in companies supported by the IDA were outside the Dublin region. I will arrange to have the specific figures sought by the Deputy supplied to her. The IDA and Enterprise Ireland are very focused on the regions.

I refer to page 67 of the programme for Government, which refers to "Ensuring Support in Crisis" in mental health care. Today, the psychiatric nurses in University Hospital Waterford are taking industrial action. Psychiatric nurses in St. Luke's, Kilkenny are escalating their industrial action. The staff are demoralised, stressed and overstretched because of understaffing and the very poor facilities in the south east for those with acute mental health issues. County Wexford, with a population of 160,000, has no acute unit. When will the Government take this issue seriously and address both the staffing issue and the inefficient and insufficient numbers of beds in the south east for people suffering from mental health difficulties?

I am advised by the Department of Health that these are local disputes, which centre mainly on issues around staffing, the development of a bed management protocol and other measures to help staff dealing with pressures on the service. Phase 1 of this action commenced this morning with members of the Psychiatric Nurses Association, PNA, refusing to answer phones, send faxes, open doors or use their own transport for the redeployment of staff. Local Health Service Executive, HSE, management is committed to resolving the issues raised by the PNA members in Waterford and management and staff are scheduled to meet again this afternoon. Recruitment processes are under way to fill 12 vacant posts and a further 13 posts will be filled through agency conversion. Needless to say, if it is not possible to resolve the dispute at a local level, it will be possible to refer it to the Workplace Relations Commission at that point.

According to page 7 of the programme for Government, "We want Ireland's image as the green island to inform all areas of policy so that the global image of our country is transformed and we are recognised as one of the cleanest and safest environments in the world." A report by scientists from the National University of Ireland, Galway, showed that more than 70% of 233 fish caught in the north-west Atlantic had ingested plastic particles, one of the highest proportions of plastics found in fish worldwide, despite the remote location. Some of those will have originated in Ireland. Our supermarket shelves are lined with products containing microbeads, including toothpaste and other cosmetics. We need to ban them. We use plastic cups in the millions. According to a report issued on 27 January, 2.5 million plastic bottles go per day to landfill and to incineration in this State. We need to stop that.

To bring about a solution to the problem, I introduced the Waste Reduction (Miscellaneous Provisions) Bill 2017. Will the Government, with the Opposition parties, work with us now to get such legislation through the House in order that we can ban these microbeads, wasteful cups and other waste plastic?

My colleague talked about the Waste Reduction (Miscellaneous Provisions) Bill 2017. This is one of 27 Bills in respect of which the Taoiseach is abusing his power and authority. These 27 Bills include the Banded Hours Contract Bill 2016, the Cannabis for Medicinal Use Regulation Bill 2016, the Consumer Insurance Contracts Bill 2017, the Coroners Bill 2015, the criminal justice Bill-----

This is not the same topic. This is a joke.

That is not the same matter.

-----the education Bill, the electoral Bill and another 20 Bills.

That is not the same matter.

It is because it is the Waste Reduction (Miscellaneous Provisions) Bill 2017.

That is not the same topic.

The Waste Reduction (Miscellaneous Provisions) Bill 2017 is one of the 27 Bills-----

There should be one question on one matter. The Deputy should resume his seat.

The question is when will the Government stop abusing its authority and allow 27 Bills-----

The Deputy should resume his seat.

That is not the same topic.

-----some of which were passed unanimously in this House, to proceed to Committee Stage?

I invite Deputy Lawless to speak on the microbeads issue.

Actually, it is on the same matter, not a different matter.

A Deputy

Make up your mind now.

Essentially, it is very relevant. My issue is that the use of money messages as a device to frustrate the parliamentary business in this House-----

No. It is not a money message.

We have 117 Bills-----

I am sorry but-----

I am next up to speak anyway.

Every piece of legislation has been stalled by the Government.

This is not the way in which to address that particular issue. Deputy Stanley has raised an issue-----

We have raised it. This is a democracy.

Deputy Doherty knows the procedure.

This is the forum in which we are supposed to introduce legislation-----

The Deputy knows very well what are the rules of the House.

That is the whole point. The legislation has been purposely blocked.

Deputies, please.

I thank the Deputy for raising the question. I saw the figures from the same report that he has raised and it is very disturbing. We are moving to ban microbeads in the State and we would like to do this in conjunction with our EU partners because it is a Single Market issue. We trade across every market so we would like to see all products on our shelves with no microbeads in them. We will have draft legislation at the beginning of June at the very latest.

Top
Share