Order of Business
- Order of Business 2 speeches
The Taoiseach proposed the day’s business and a late sitting, and the Ceann Comhairle put the proposals to the House for agreement.
Enda Kenny, Seán Barrett
- Hospital discharge of stroke patient 2 speeches
Micheál Martin sought an investigation into the discharge of an 81-year-old stroke patient unable to swallow and at risk of starvation; the Taoiseach acknowledged the case and promised to advise him on relevant legislation.
Micheál Martin, Enda Kenny
- Request for proposed legislation 4 speeches
Martin sought clarification on proposed Government legislation, but the Ceann Comhairle ruled that his intervention was not a point of order and moved on.
Micheál Martin, Seán Barrett
- Claims about GSOC briefing 25 speeches
Martin repeatedly asked whether the Taoiseach had rebuked GSOC or allowed newspapers to be briefed against it. The Taoiseach denied mentioning GSOC and said he was not responsible for newspaper headlines, while the Chair repeatedly stopped the exchanges.
Micheál Martin, Seán Barrett, Enda Kenny, Bernard Durkan, Derek Keating
- Recognition of Traveller ethnicity 6 speeches
Gerry Adams asked the Government to honour its commitment to recognise Travellers as an ethnic group; the Chair ruled that the matter should be raised through a more suitable procedure.
Gerry Adams, Seán Barrett
- Evictions from Traveller accommodation 9 speeches
Adams challenged planned evictions from Traveller accommodation and sought Government intervention. The Taoiseach said the site was dangerously occupied following a fire-safety inspection, while Adams urged the authorities to rectify hazards rather than displace residents.
Gerry Adams, Seán Barrett, Enda Kenny
- Spent convictions Bill 5 speeches
Derek Keating asked about the Criminal Justice (Spent Convictions) Bill, and the Taoiseach said Report Stage was scheduled for the following Wednesday, with enactment possible if proceedings were completed promptly.
Derek Keating, Enda Kenny
- Criminal Justice Sexual Offences Bill 7 speeches
Ruth Coppinger asked whether the Criminal Justice (Sexual Offences) Bill could complete its stages before the election. The Taoiseach said it was on Report Stage in the Seanad and could not predict when it would arrive in the Dáil or whether amendments would delay it.
Ruth Coppinger, Enda Kenny, Seán Barrett
- Criminal justice legislation status 2 speeches
Durkan asked about outstanding criminal justice legislation, and the Taoiseach said the Criminal Justice (Offences relating to Information Systems) Bill had been published.
Bernard Durkan, Enda Kenny
- Universities amendment Bill 2 speeches
Durkan asked when the Universities (Amendment) Bill would reach the House; the Taoiseach said its publication was a priority and concerned compliance with Government remuneration guidelines.
Bernard Durkan, Enda Kenny
- Bankruptcy legislation commencement 2 speeches
Seán Crowe asked when the enacted Bankruptcy (Amendment) Bill would take effect; the Taoiseach said the Minister intended to sign commencement orders for some provisions on 29 January and others in February.
Seán Crowe, Enda Kenny
It is proposed to take No. 14, referral to select committee of proposed approval by Dáil Éireann of the terms of the association agreement between the EU and its member states and Central America; No. 42, statements on European Council, Brussels, pursuant to Standing Order 102A(2)(b); and No. 6, Public Sector Standards Bill 2015 - Order for Second Stage and Second Stage.
It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. and shall adjourn on the adjournment of Private Members' business which shall be No. 227, motion re: confidence in the Tánaiste and Minister for Social Protection, which shall be taken at 7.30 p.m. or on the conclusion of Topical Issues, whichever is the later; No. 14 shall be decided without debate; No. 42 shall be taken immediately following the Order of Business and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after 85 minutes and the following arrangements shall apply: the statements shall be made by the Taoiseach and by the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called on in that order and who may share their time, and shall not exceed 15 minutes in each case; a Minister or Minister of State shall take questions for a period not exceeding 20 minutes; a Minister or Minister of State shall be called on to make a statement in reply which shall not exceed five minutes; and to be followed immediately by Topical Issues.
Tomorrow’s business after Oral Questions shall be No. 15, Credit Guarantee (Amendment) Bill 2015 – motion to instruct the committee; No. 43, Credit Guarantee (Amendment) Bill 2015 - Order for Report, Report and Final Stages; No. 44, Public Transport Bill 2015 - Order for Report, Report and Final Stages; and No. 6, Public Sector Standards Bill 2015 - Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the proceedings in relation to No. 15 shall, if not previously concluded, be brought to a conclusion after one hour and the following arrangements shall apply: 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 on in that order, shall not exceed 15 minutes in each case; and such members may share their time.
Comment on this
There are four proposals to be put to the House. Is the proposal for dealing with the late sitting agreed? Agreed. Is the proposal for dealing with No. 14, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the association agreement between the EU and its member states and Central America, without debate agreed? Agreed. Is the proposal for dealing with No. 42, statements on European Council, Brussels, pursuant to Standing Order 102A(2)(b), agreed? Agreed. Is the proposal for dealing with No. 15, Credit Guarantee (Amendment) Bill 2015 – motion to instruct the committee, tomorrow agreed? Agreed.
Comment on this
I have a number of issues on forthcoming legislation to raise with the Taoiseach. The Taoiseach will agree it is very disturbing to read about how a hospital discharged an 81 year old woman who, following a stroke, is unable to swallow. She was deemed clinically unsuitable for PEG feeding and is, therefore, facing the possibility of starving to death. It seems incredible and there must be a proper investigation into how this was allowed to happen. The woman's GP has highlighted the case and is saying what has occurred is unethical. The case, which is a serious and potentially harrowing case, is being reviewed by the President of the High Court. Will the Taoiseach speak to the Minister, Deputy Varadkar, in the context of the Health (Miscellaneous Provisions) Bill that he mentioned earlier. Is there any prospect of dealing with this issue via any vehicle? It seems extraordinary that decisions of this kind are now being taken.
The Taoiseach will have read that AIB is offering a one year deposit rate of 1.4% to German savers, which is three times that which is on offer to Irish savers.
Many are asking why AIB is treating Irish customers in a far less effective way than German customers. Why are they being discriminated against? Have there been any discussions between the Government and AIB about this? Has the Central Bank any role?
The third issue concerns the Garda Síochána (Amendment) Act 2015, the Taoiseach's comments on which have been very interesting. He spoke about the importance of press freedom and he is reported in today's Irish Independent as rebuking the watchdog for spying on journalists. He was described as slapping down GSOC for snooping on the phone records of journalists. One could be forgiven for thinking he was commentating on somebody else's legislation but, in fact, this was the Government's legislation. The implication is that the Government is now disavowing the legislation. The Taoiseach has indicated that the Minister for Justice and Equality, Deputy Frances Fitzgerald is bringing in amending legislation in this regard. Was the Taoiseach slapping down GSOC for this? Are those reports correct? When can we expect the amended legislation to deal with this issue?
To be helpful, Deputy Niall Collins has drafted and published legislation, which should be on the Order Paper, which would require GSOC to apply to the High Court before it monitors any phones. This would have the desired impact of protecting press freedom while allowing GSOC to pursue its legitimate work. Will the Government give some of its own time to accept Deputy Collins's Bill? It would put flesh on the bones of the comments the Taoiseach was making this morning about GSOC.
Comment on this
I read the report in respect of the elderly lady the Deputy speaks of who has a particular set of challenges, and I note the intervention of the President of the High Court. There is a health Bill, which is published, which deals with the Medical Practitioners Act 2007, the Dentists Act 1985, the Health and Social Care Professionals Act 2005, the Pharmacy Act, and the Nurses and Midwives Act to provide for amendments required for the transposition of Directive 2013/55 EU in an appeal against minor sanctions. I am not sure whether that covers it or not but I will advise Deputy Martin on that.
In regard to the question that he mentioned about AIB, that is an online platform for a different situation. The bank has made a commercial decision to allow for higher interest rates of more than 1% on deposits which would, I suppose, be seen as an attractive introductory market for outside deposits. It is not part of the relationship between the Government and the bank here. It has made that commercial decision itself.
In respect of reports today about the question of the retention of data and the communications therein, I want to make it perfectly clear that I have absolute confidence in Ms Justice Ring, who is the chair of GSOC. It should be pointed out that there is no interpretation that GSOC has done anything incorrect. It has followed the law and has very high standards in this regard. There is oversight by another eminent member of the Judiciary. The Minister for Justice and Equality will make a statement or announcement on this, I think later this evening, in respect of the decision taken by Government to have a review of this legislation.
For the information of the House, there are five areas to which the Communications (Retention of Data) Act 2011 applies: the Garda Síochána, the Garda Síochána Ombudsman Commission, the Defence Forces for purposes of safeguarding the security of the State, the Revenue Commissioners in respect of serious specified revenue offences, and the Competition and Consumer Protection Commission in respect of serious specified competition offences. The Government reflected on the matter this morning and the Minister for Justice and Equality may well have issued a statement by now or otherwise will do so. I want to make it clear that the Government has absolute confidence in GSOC, the chair of GSOC and in the oversight judge.
I am not responsible for headline reports. This is a complicated matter and is not as simple as it might seem initially. The Government has made a decision to look at the legislation. Obviously, this is the House that determines legislation at the end of the day.
Comment on this
On a point of order, during the Order of Business we can legitimately ask for proposed Government legislation. Given the extraordinary headlines and comments this morning, I would have thought the Taoiseach would be in a position to outline what legislation is being proposed-----
Comment on this
-----particularly if the Minister is outside the House right now, perhaps having done it already. Surely that is very regrettable.
Comment on this
Will the Taoiseach clarify that he did not say he rebuked the watchdog for spying on journalists? He is saying he did not say that at all and that no one on his behalf briefed the newspapers. Nobody on his behalf briefed the Irish Independent in this respect.
Comment on this
Will the Taoiseach clarify that nobody briefed the Irish Independent, that he did not say these things and that no one on his behalf said he was rebuking the watchdog for spying on journalists?
Comment on this
It is a very important issue. GSOC was rubbished this morning by spokespeople on the Taoiseach's behalf. Someone briefed the journalists. They did not make it up themselves.
Comment on this
I know it is important but this is the Order of Business. Deputy Martin, you have had your turn.
Comment on this
I never mentioned GSOC at all yesterday. I have absolute confidence in the capabilities of the eminent judicial chairperson-----
Comment on this
So the Taoiseach did not slap them down at all
Comment on this
The Taoiseach has some very capable spin doctors. Let us give them credit. They are very good and they have a very good habit of doing that kind of thing.
Comment on this
Then the Taoiseach comes into the House and he withdraws.
Comment on this
I will show respect, a Cheann Comhairle, but I think the Taoiseach should show a bit more respect for us as well. We did not all come down in the last shower.
Comment on this
Deputy Martin had a fair few spin doctors himself.
Comment on this
Fine Gael has very good ones. I have given them credit. The only thing the Government gets an A mark for is spinning.
Comment on this
Go raibh maith agat, a Cheann Comhairle. Under the Order of Business I usually raise two or three commitments of promised legislation or programme for Government commitments. Today I just want to raise one issue but I want to do it in some detail because of the seriousness of the situation.
Comment on this
Yes, it is around a programme for Government commitment to deliver on principles of social inclusion for the Traveller community and a commitment by the Minister of State at the Department of Justice and Equality with responsibility for equality, Deputy Aodhán Ó Ríordáin, that Traveller ethnicity would be a reality. He rightly said this did not need legislation or a referendum, and his commitment came after the Joint Committee on Justice, Defence and Equality recommended that we recognise Travellers as an ethnic community. This is supported by the UN and the Irish Human Rights and Equality Commission, IHREC.
I set out that stall in light of the evictions of families from the Traveller community in Dundalk, which runs contrary to the Government commitment. This process of evicting Traveller families from a halting site-----
Comment on this
Deputy, you are stretching it. The eviction of Travellers from anywhere in the country is a very serious matter but it does not belong on the Order of Business.
Comment on this
I did try to get a Topical Issue matter on this issue.
Comment on this
If you put the issue down for tomorrow, I will consider it. Please do not raise it on the Order of Business. If I allow you in, I have to allow everybody else in on issues like that.
Comment on this
I also wish to raise the review of fire safety in Traveller accommodation that the Government published in December 2015 following the Carrickmines tragedy which said very clearly that nothing in the fire safety review process was intended to be used to address the broader Traveller accommodation issues in a negative way. Clearly this is not a green light to evict Travellers from halting sites which do not meet fire safety standards, but instead of putting health and safety measures in place, that is exactly what the local county executive is doing, and more evictions are planned for tomorrow.
Comment on this
I ask the Taoiseach, in keeping with the commitments, if he will make a statement before the Dáil ends, as the Minister of State, Deputy Ó Ríordáin, promised, to recognise Travellers as an ethnic group. I ask that he request that the Minister for the Environment, Community and Local Government stop the eviction of these citizens.
Comment on this
The question of ethnicity has not come before the Government for discussion but was referred to at a Cabinet sub-committee and there is further work to be done there.
In respect of the serious matter the Deputy has raised about Traveller accommodation, I would point out that the site in question was unoccupied since 2008 and there was serious deterioration. It was occupied in April of 2014. After an inspection of the site last November, the fire officer formed the opinion that it was dangerous in its manner of occupation, and that is clearly a serious issue. I understand that after notices were ignored, gardaí on Friday attempted to enforce the direction by moving on some of those caravans. The occupants and their representative group have not entered into discussion with Louth County Council, as far as I know.
Comment on this
Yes, they have. I was there yesterday.
Comment on this
That is where this needs to be dealt with in the first instance. We cannot have a situation where a fire officer says this is a fire hazard and it continues to be occupied.
Comment on this
Then rectify it. Do not put them out on the street.
Comment on this
On an issue I have raised before, what is the status of the Criminal Justice (Spent Convictions) Bill? I have outlined its importance for many constituents, who still raise it with me. I would be grateful if the Taoiseach indicated its current status.
Comment on this
Report Stage of this Bill will be taken here next Wednesday. Hopefully, we might be able to conclude it in the Dáil.
Comment on this
Does the Taoiseach envisage that we would have it enacted in the lifetime of the 31st Dáil?
Comment on this
It is Report Stage. If it concludes here on Fifth Stage, it goes to the Uachtarán for signature. If everybody gets together, it will happen. Otherwise, we will have to do it in the weeks ahead.
Comment on this
I am sure the Opposition will appreciate the importance of having it passed.
Comment on this
In regard to impending legislation, when will the Criminal Justice (Sexual Offences) Bill be brought before the Dáil and will there be sufficient time to deal with it? Obviously, we are near the end of this Government's term. At what stage does the Taoiseach anticipate we will be able to take this Bill? Will there be sufficient time for amendments on what is a very complex issue? Many groups have made submissions on this and are anxious that it would be dealt with.
Comment on this
It is important legislation, as Deputy Coppinger says. It is in the Seanad on Report Stage on Thursday. I cannot say whether the eminent speakers in Seanad Éireann will want to amend it or how long it will take to discuss. When it concludes Report Stage in the Seanad, it will then come here.
Comment on this
The Taoiseach knows when he will call the election. Does he anticipate that all Stages will be taken or just Second Stage?
Comment on this
I cannot say how long the Seanad will take to deal with Report Stage given there are amendments and Members can have very strongly held views about it. I do not want to do the Seanad's business for it.
Comment on this
What is the current status of the criminal justice Bill on victims' rights? The universities (amendment) Bill is also scheduled legislation. Are we likely to see it before the end of the current Dáil?
Comment on this
The Criminal Justice (Offences relating to Information Systems) Bill has been published. The universities Bill is a priority for publication. It seeks to give the Minister the power to require universities to comply with Government guidelines on remuneration allowances and so on.
Comment on this
It is scheduled for publication and it has priority attached to that. I will advise the Deputy on the state of progress.
Comment on this
The Bankruptcy (Amendment) Act has gone through the Houses and the President has signed off on it. It had to go back to the Minister's Department for some sections to be cleared. When will we see it proceed into law?
Comment on this
That Bill has gone through, as the Deputy said. A number of sections require a commencement order. The Minister for Justice and Equality intends to sign those sections on 29 January. I understand there are other sections that require a commencement order to take place in February but she intends to sign the immediate ones on 29 January.