Could the microphone be put on, please?

The Taoiseach is turned off again.

Turn it up.

It is proposed to take No. 19, motion re appointment of Ombudsman for Children; No. 1, Education (Miscellaneous Provisions) Bill 2014 [Seanad] - Second Stage (resumed); and No. 7, Climate Action and Low Carbon Development Bill 2015 - Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the proceedings in relation to No. 19 shall, if not previously concluded, be brought to a conclusion after 45 minutes and the following arrangements shall apply: (i) the speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed ten minutes in each case, and such Members may share their time; and (ii) the speech of a Minister or Minister of State who shall be called upon to make a speech in reply shall not exceed five minutes. Private Members' business shall be No. 180, motion re child care (resumed), to conclude after 90 minutes if not previously concluded. Tomorrow's business after Oral Questions shall be No. 2, Valuation (Amendment) (No. 2) Bill 2012 [Seanad] - Second Stage; and No. 7 - Climate Action and Low Carbon Development Bill 2015 - Second Stage (resumed).

There is one proposal to be put to the House. Is the proposal for dealing with No. 19, motion re appointment of Ombudsman for Children, agreed to? Agreed.

Last night's "Prime Time" programme on maternity services was not easy viewing for anyone and particularly not for expectant mothers. It was revealed that 13 babies in the breech position were not diagnosed at Our Lady of Lourdes Hospital in Drogheda until their mothers were in the very late stages of labour. There were 21 undiagnosed breech babies at the hospital over a two-year period and there was one death. Unfortunately, these serious incidents have dealt a blow to confidence in our maternity services. I want to get clarification from the Taoiseach in relation to the patient safety licensing Bill, which is listed in the legislative programme. When can we expect that Bill, which will "provide for a mandatory system of licensing for public and private healthcare facilities", to be published? The programme for Government said that "a Patient Safety Authority .... will be established", but I understand that has now been dispensed with. The Taoiseach might clarify that point. When can we expect the legislation I mentioned to be brought to the House?

I could not believe what I was listening to when the Taoiseach spoke about the issue of small rural schools after it was raised on Leaders' Questions. I remind the House that three-teacher, two-teacher and one-teacher schools are in difficulty because the former Minister, Deputy Quinn, deliberately increased the pupil-teacher ratio and the specific thresholds for rural schools as part of the budget three years ago. He actually targeted them in order that they would find it more difficult to gain or retain a teacher. The result of that has been a steady decline in three-teacher, four-teacher, two-teacher and one-teacher schools. Contrary to what the Taoiseach suggested, it is not a grand demographic issue. The education Bill is due. It is absolutely incredible that the Taoiseach can say what he said earlier and get away with it. He almost indicated that he is oblivious to the budgetary policy pursued by his Government over three years. The effect of this policy on small schools in rural Ireland has been pointed out to him year after year.

This is a second Leaders' Questions.

When can I expect the education Bill, which will give the Taoiseach an opportunity to do something about that, to be published? It is No. 7 in section A of the Government's legislative programme.

That was a Second Stage speech.

The education admissions Bill is for this session. Deputy Martin will have many opportunities to state his case and his propositions to deal with it. I will have to come back to the Deputy in respect of his question about the health issue.

It is a Bill.

Yes. I will come back to the Deputy on that.

The Taoiseach does not know when it is going to be introduced.

The education admissions Bill is for this session. I will come back to the Deputy on the other one.

Last week, the Minister for Health told the Select Sub-Committee on Health that he plans to introduce a new law to oblige medical professionals to admit when they have made mistakes. He was critical of those professionals who have failed to "adhere to the duty of candour". This legislation would be very significant given the history of symphysiotomy, the anti-D blood scandal, the victims of Michael Neary and other cases. When does the Taoiseach envisage that this legislation will be published? Will it include private hospitals as well as public hospitals?

I have just been looking at the legislative programme. In the programme for Government, the Labour Party and Fine Gael promised to reform the way the Dáil works, to make it fit for purpose and to legislate more effectively. There appears to be a logjam in the processing of legislation through the Department of Justice and Equality. The Taoiseach will recall that I raised the issue of the Assisted Decision-Making (Capacity) Bill 2013 with him yesterday. The aim of this crucially important legislation, which was published in July 2013 but has yet to be discussed on Committee Stage, is to protect citizens with mental disabilities. I could also have mentioned the Legal Services Regulation Bill 2011, which was published in October 2011.

It was last seen in July of last year and its Report and Final Stages have not been completed. The Criminal Justice (Spent Convictions) Bill was published in May 2012 and was last seen in November 2013. The general draft of the mediation Bill was published in 2012. It was listed for publication in late 2013. The then Minister, Deputy Shatter, stated that it would be published in 2014, but we still await it. The Criminal Justice (Mutual Assistance) (Amendment) Bill was published in August 2014 and was last seen in November, a month where there seems to be a Bermuda Triangle. The Bill has yet to pass Committee Stage in the Seanad. Is this not evidence of the Government failing to manage its legislative programme efficiently? Does the Taoiseach realistically expect these Bills to pass all Stages and become law before the general election?

On the contrary, what the Deputy has just read out shows just how serious the Government is about introducing a raft of very necessary legislation. Many of these things are quite complex, as Deputy Adams will agree. The mediation Bill is later this year. The Criminal Justice (Spent Convictions) Bill is awaiting Report Stage. The Legal Services Regulation Bill is awaiting Report Stage.

I told the Taoiseach that.

We know all of that.

He is commentating.

As to the question of the health Bill, which the Deputy mentioned in respect of the Minister for Health, the Minister is just formulating the proposition. I do not have a date for that, nor could I, because we have to wait and see the draft heads that the Minister will bring forward in that regard. So, contrary to what the Deputy says, there is actually an unprecedented amount of work going on in regard to a whole-----

It is the finish for which I am looking.

-----range of areas, many of which were left untouched for years because Governments refused to go near them. We can only do so much. There is a finite number of people in the drafting section dealing with the parliamentary offices and the Attorney General, but believe me, Deputy Adams, they are working exceptionally hard on a range of very complex issues. As to those Bills that are awaiting Report Stage and Committee Stage here where amendments are being considered, they have to work their way through the system. We will try to do it as expeditiously as possible.

I asked whether the Taoiseach expected they would become law before the general election.

Which one?

Any of them.

Of course.

All of them.

Before the general election.

I cannot say all of them, but some of them are listed for this session and others are awaiting Report Stage and others are having amendments worked on. There is no restriction or intention of delaying any of these things. It is how to get them to do the thing properly, Deputy Adams.

The national dementia strategy was published recently. There was no clear commitment to the provision of a funding stream to underpin it and it has some deficiencies, but we welcome its publication. I know that the Taoiseach will give me the usual answer that the Whips can meet to discuss my request, but could the House get time before the summer to debate the national dementia strategy? It is important and we must plan well in advance for what is coming down the tracks, given the ageing population and all that flows from same. I would like to get a commitment from the Taoiseach because, if he says there will be a debate in the House, it will happen.

Yes. I do not foresee any difficulty with an appropriate time being made available once the Deputy raises it at the Whips' meeting.

And the Taoiseach will help me through the line.

Yes.

I thank the Taoiseach.

I wish to raise two issues, the first of which follows on from a matter raised relating to the potential closure of small rural schools. The Department of Education and Skills has had a value for money review of such schools for in excess of three years.

No, we cannot have a debate on that matter now.

The Taoiseach has repeatedly promised that a debate would be facilitated.

I know, but this is the Order of Business.

To what legislation is the Deputy alluding?

When will that debate be facilitated to give all Deputies an opportunity to contribute? The Taoiseach is not the only past pupil of a two-teacher school. I am a past pupil of a one-teacher school and proud to say it.

According to CSO figures published this year, more than one third of all children are living in deprivation.

Hold on a second, Deputy. This is the Order of Business and promised legislation.

One in eight children is living in consistent poverty. The Tánaiste, the Government's deputy leader, promised more than two weeks ago that time would be made available to debate the CSO figures.

That is a matter for the Whips.

They have not done it.

I have an entire list of Deputies who want to raise issues. We cannot have this.

The Taoiseach and the Government dictate what is taken in the Dáil.

They did not agree to make time available.

This is supposed to be on legislation.

Deputy Troy should take that matter up with his Whip.

Will the Taoiseach make time available for these two important debates?

The Deputy's Whip is beside him.

The Government Whip is a very difficult customer.

The Minister, Deputy Reilly, is advising him.

But Fianna Fáil's Whip is very co-operative. I have always-----

We are allowed to raise issues, including broken promises.

Our Whip is agreeable, but Deputy Kehoe is very difficult.

I have been Deputy Martin's friend.

-----found him very co-operative anyway.

I am not a customer, by the way.

Deputy Troy might consult with his own Whip because this matter was not raised at a Whips' meeting.

You are all whipping dogs now.

The Tánaiste stated that she would make time available.

The way to get one's business done is the way that Deputy Kelleher is proceeding. Have it raised at a Whips' meeting and Deputy Troy will find the Whip generous with his time between here-----

That would be a first.

That is a positive.

-----and the summer to have this matter debated as well.

Is the Chief Whip not talking to the Tánaiste?

The Minister is considering the other report that Deputy Troy mentioned.

Do not be like that, Micheál. I am your friend.

Deputies, please.

He might be a viper, but I am his friend.

Members must have had their Cornflakes this morning. They are all too giddy.

With friends like the Chief Whip, who needs enemies?

Once one is in, one is in.

Is Deputy Kehoe joining Simon now?

The Minister, Deputy Coveney, is Deputy Kehoe's friend as well.

The legions are growing over there.

How many commitments has the Government given which it cannot stand over?

There is limited time. If time expires, I cannot take Deputies.

I wish to raise the issue of the Constitutional Convention again. I have done so several times. As the Taoiseach knows, the convention agreed a position on gender equality by removing from the Constitution its clause relating to women in the home and by extending the right to vote in presidential elections to citizens resident outside the State. When I asked the Taoiseach about these matters previously, he made it clear that he had no intention of bringing them to referendums. However, will he clarify the Government's position on these issues? Is he in agreement with the conclusion of the convention?

I am sorry, but this is not in order on the Order of Business. We cannot have a debate.

The Government was supposed to respond within four months of the convention's report.

Legislation again. This is not Question Time.

When will we debate these issues? In setting up the Constitutional Convention, the Government-----

The debates are okay because they have been promised.

-----made a commitment to give an official response and facilitate a debate within four months, but that has not happened. The delay is disgraceful.

Obviously, this is a matter for the Whip to make arrangements with the other Whips in respect of the debates that can take place here.

Is that a "No"?

I have already replied to Deputies before that we were not able to adhere to the timescales that were set out originally, but that obviously can happen between now and the summer in respect of the remaining debates about the Constitutional Convention. The Government will set out its position in each of those cases then.

The social welfare Bill will introduce a new back-to-work family dividend as provided for in budget 2015. It was hoped that the Bill would be enacted by the end of March 2015 so that the family dividend could commence in early April. The Bill will also provide for other amendments-----

I am sorry, but will the Deputy get to the point, please?

-----to social welfare codes arising from policy, administrative, operational and control matters. Are we on course for this to happen?

Yes. The intention is to have that Bill next week.

The geothermal energy Bill is promised legislation. When is it expected to be before the House? Has any preliminary examination of its heads been done? Is it likely to be passed in this session or before the end of the year?

Those on the opposite side of the House introduced the Charities Act 2009, several portions of which were never implemented.

It is the comedy act over there.

It was in Deputy Mattie McGrath's time that they were not implemented. He was a part of that as well.

Do not mind the comments.

We will ignore that issue for a moment. Are all sections of the Act fully operational?

The answer to the second question is "No". I will give Deputy Durkan an update on what exactly is not operational. In respect of the geothermal energy Bill, that will not be until later in the year, as we need to deal with the minerals Bill first in that sequence.

I thank the Taoiseach.

Regarding the planning and development (No. 1) Bill, which is to implement the social programme, would it be possible to introduce it as emergency legislation, as was the case with the FEMPI legislation? Every day under the Taoiseach's Government and the Minister, Deputy Kelly's administration, four families in Dublin city alone become homeless. That is their legacy - four families today, four families tomorrow and four families the next day becoming homeless. The homeless executive at Parkgate Street makes no provision for family accommodation. It is an emergency situation for families.

The Deputy has made his point.

After the Jonathan Corrie tragedy, the Government belatedly came forward with 271 accommodation units for single people. Now it is families who need accommodation urgently.

People are sleeping in cars or on friends' couches.

There is a long list of Deputies who will not get in if the Deputy does not conclude.

Will the Taoiseach take emergency action?

The Deputy asked about the legislation.

The planning and development (No. 1) Bill is receiving priority listing. It was scheduled for pre-legislative hearing at the end of January.

What will the Taoiseach do today?

It is being pushed as speedily as possible. The Government understands the challenge exactly. It is not about a legacy, but about dealing with a challenge for the future. Money has been provided to do up buildings that have been closed for a while. Some €2.5 billion is on the table in respect of social and affordable housing. Given the planning regulations, the opportunity to build many houses is now available.

This is an emergency.

However, the problem cannot be dealt with until more houses are provided, which means sites, concrete blocks, and builders working to do these things. We obviously need a fairly serious shift on that. The Government has responded by putting its money on the table.

I wish to ask the Taoiseach about the water services Bill, which is to address outstanding issues affecting the Government's water package. There are outstanding issues that I wish to ask about. Certain county councils are now inserting a planning condition under section 42(2) of the water directive.

The Deputy is straying there.

It is very important.

I know it is important, but not on the Order of Buisness.

The planning condition states that people have to connect through the public main when it becomes available. It is a serious issue going forward.

I appreciate that, but the Deputy can put down a parliamentary question.

I will, but I have to raise it with the Taoiseach. When is the water services Bill coming to the House? It is important because people who have their own wells are being tricked into connecting to the public water main in order to get planning permission.

It will be taken in this session.

No. 49, the Amendment to the Constitution Bill, is to amend Article 29 in order to recognise the international agreement on the Patent Court. We will have a raft of referendums this year, so is it possible to include it? We were promised that there would be a referendum on this last year. It is not in any way contentious, but if we do not ratify the agreement on the unified Patent Court, it will be a serious weakness in our enterprise armoury.

It is an issue the Government supports and it is intended to have such a referendum, but we have not identified a timeline for it yet.

When will the criminal justice (miscellaneous provisions) Bill be brought before the House? Will it include any provisions concerning political policing?

We cannot deal with the contents of a Bill.

Does the Taoiseach think that is necessary in the context of the use of significant Garda resources to terrorise a working class community at the moment? Four people were arrested this morning.

The Deputy is asking about a Bill.

Four people were arrested yesterday and four people were arrested on Monday.

The Deputy should please respect others who are waiting.

A 14 year old was arrested today by six gardaí.

Did the Deputy not hear me? Would the Deputy please resume his seat?

Yesterday, a 16 year old was arrested by ten gardaí.

I will not call the Deputy again if that is the way he is going to carry on.

A 12 year old was arrested also.

The Deputy is asking about a Bill and I am getting him the answer.

This must be discussed. It is a very serious attack on the right to protest.

Please switch off the microphone. I ask the Deputy to resume his seat.

It is a very serious attack on the right to protest.

I will have to ask the Deputy to resume his seat.

This is in relation to the criminal justice Bill.

Resume your seat and do not be play-acting here. Will the Taoiseach answer the question about the Bill?

I do not have a publication date for the criminal justice Bill that the Deputy has asked about.

To a certain degree, my question relates to the matter raised by Deputy Broughan. Is the Taoiseach aware that no beds are available in the emergency accommodation for homeless people? His strategy should be reviewed urgently. I have been informed by the Simon Community that by 5.30 p.m. every day no beds are available and people are being told to ring back.

I think the Deputy has made her point.

Up to 70 people are still sleeping rough. The Taoiseach has seen for himself the situation on the streets. The issue should, therefore, be revisited, with the provision of more beds, particularly for homeless families.

As the Deputy has pointed out, the challenge is in respect of families. I have already dealt with that question from Deputy Broughan. The Government is conscious of the scale of the challenge, which cannot be sorted out unless more housing is provided.

Did the Taoiseach say that the new social welfare Bill, which will provide a so-called dividend for low-paid families, is due to be debated next week?

No.

I thought the Taoiseach said that in response to Deputy Fitzpatrick.

It is expected to come before Cabinet next week.

It is coming before Cabinet next week?

Yes.

I wish to raise one other issue. There is a commitment in the programme for Government to undertake a review of the fair deal scheme to make it "fair and equitable". Does the Taoiseach regard as fair and equitable a situation where there is a minimum 15-week delay in the scheme, at a cost of €1,000 to €1,500 per week for hard-pressed families?

The Deputy can raise that matter some other way, but not on the Order of Business.

I would like to see a much shorter time.

Has the review been completed?

Will the Deputy please resume his seat? This is the Order of Business, not Question Time.

I asked a question but I did not get an answer. Has the review been completed?

I will advise Deputy O'Dea on it. As far as I know, it is not complete. I have not seen it yet, but I will advise Deputy O'Dea when it will be completed.

Four years down the road and it has not been completed.

He is like Jimmy Magee, commentating.

I call Deputy Mulherin.

When will we see the publication of the water (environmental) Bill to support the implementation of the water framework directive, which is to enhance the protection of water quality and water conservation around the country?

I will have to advise Deputy Mulherin on that as I do not have an up-to-date position on the Bill's status. I will let her know.

An appropriate body needs to be put in place to discuss minimum wage levels and related matters. When will the minimum wage (amendment) low pay commission Bill come before the House?

It will come before the House in this session. The first meeting of the low pay commission is expected to be held this month.

Before Christmas, I asked for some time to be set aside to discuss the dairy sector, as the EU milk quota system is coming to an end next month. Can the Taoiseach tell me if time has been set aside and, if so, when?

It is listed for Wednesday, 4 March, when the Minister will be available to hear Deputies' views.

When does the Taoiseach expect the child care (amendment) Bill to be brought before the House?

That will come before the House in this session.

Is there any timeframe for the gambling control Bill?

Later this year.