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Vol. 704 Thursday, No. 2 4 March 2010 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 4 March 2010. Requests to move Adjournment of Dáil under Standing Order 32 ……………… 207 Order of Business ……………………………… 207 Land and Conveyancing Law Reform (Review of Rent in Certain Cases) (Amendment) Bill 2010: First Stage ………………………………… 226 Criminal Procedure Bill 2009 [Seanad]: Second Stage (resumed) …………………………… 227 Referral to Select Committee ………………………… 241 Business of Dáil ……………………………… 241 Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010: Order for Second Stage …………………………… 242 Second Stage ……………………………… 242 Referral to Select Committee ………………………… 274 Ceisteanna — Questions Minister for Education and Science Priority Questions …………………………… 274 Other Questions …………………………… 284 Private Members’ Business The Death of Children in the Care of the State Since 2000: Statements ………… 295 Adjournment Debate Matters …………………………… 310 Adjournment Debate Services for People with Disabilities ……………………… 310 Message from Select Committee ………………………… 312 Adjournment Debate (resumed) Local Authority Housing …………………………… 312 Planning Issues ……………………………… 314 Special Educational Needs ………………………… 316 Questions: Written Answers …………………………… 319 DÁIL ÉIREANN ———— Déardaoin, 4 Márta 2010. Thursday, 4 March 2010. ———— Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Requests to move Adjournment of Dáil under Standing Order 32. An Ceann Comhairle: Before coming to the Order of Business, I propose to deal with a number of notices under Standing Order 32. I will call on the Deputies in the order in which they submitted their notices to my office. Deputy Finian McGrath: I seek leave to move a motion for the adjournment of the Dáil under Standing Order 32 to discuss an issue of national importance and concern, namely, the urgent need for a serious jobs programme to deal with the current financial crisis and to ensure that job packages target Dublin North Central as a matter of urgency, particularly Edenmore, Coolock, Artane, Donnycarney, Fairview and Marino. Deputy James Bannon: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the misleading of consumers and the threat to the income of our farmers caused by the false country of origin labelling by Bord Bia; the threat to the viability of our economy given the lack of return to the State from stamping foods from outside the country as Irish; when this practice is likely to be curbed in the interest of the livelihoods of farmers; and the urgent need to support Ireland in this time of economic recession with a full and genuine effort to encourage people to buy Irish in the full knowledge that they are doing so rather than buying items such as chicken which are labelled as Irish products but which may, in fact, have been reared in Northern Ireland or elsewhere. Deputy Tom Hayes: The Ceann Comhairle will have to allow that. There is no doubt about that. An Ceann Comhairle: Having considered the matters raised, they are not in order under Standing Order 32. Order of Business. Minister for Transport (Deputy Noel Dempsey): It is proposed to take No. 24, Criminal Procedure Bill 2009 [Seanad] — Second Stage (resumed); and No. 4, Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010 — Order for Second Stage and Second Stage. An Ceann Comhairle: There are no proposals to be put to the House today. Deputy Caoimhghín Ó Caoláin: On a point of order, I want to establish whether it is the preserve of Government only to determine the arrangements for the ordering of business. 207 Order of 4 March 2010. Business Deputy Mary Hanafin: Yes. An Ceann Comhairle: Yes, under Standing Order 26. Deputy Caoimhghín Ó Caoláin: Is it within the gift of the Opposition even where there are no proposals? I suggest there is a serious—— An Ceann Comhairle: I am not empowered to change it. We have structures to do that. Deputy Caoimhghín Ó Caoláin: I am asking for clarification. Is an Opposition Deputy empowered to put forward a proposal for the inclusion of an item in today’s business? An Ceann Comhairle: No. It is a matter for the Government of the day. Deputy Caoimhghín Ó Caoláin: It is an absolutely outrage that we are here this morning—— An Ceann Comhairle: The Deputy has received an answer to his query. Deputy Caoimhghín Ó Caoláin: ——and there is not an accommodation—— An Ceann Comhairle: Deputy Ó Caoláin must resume his seat. I call Deputy Kenny on the Order of Business. Deputy Caoimhghín Ó Caoláin: ——of the most important issue for address at this time and that is the withholding of reports on the care and tragic realities of children in this State over many years. Deputy Enda Kenny: My intention was to object to the Order of Business but the Ceann Comhairle has dealt with that matter. Does the Minister of State with responsibility for children intend to come to the House today to make a statement to the Dáil following the laying before the Houses of the Oireachtas by Deputy Alan Shatter yesterday of a report into an appalling case of neglect by the State? If ever I saw a classic example of why the House is wrong in how it does its business it was yesterday when the HSE was deemed to be the organisation to deal with this matter when it should involve ministerial accountability. We understand from this morning’s news bulletins that 20 reports have been completed on cases similar to the case which Deputy Shatter laid before the Houses of the Oireachtas yester- day. I want to hear from the Minister of State with responsibility for children. When was he informed of these reports? How many does he have in his possession? When does he intend to publish them? This is a classic case of the worst kind of hands-off politics I have ever seen. Everybody in the country has been criticising the Catholic Church for covering up child sexual abuse and rightly so as those matters should be published. What is the difference between that and the HSE and the Minister of State with responsibility for children covering up reports that indicate serious, appalling and fundamental State neglect of children in care? It is a shocking indictment of Ireland in 2010. I understand that 20 children died while in the care of the State. I want the Minister of State with responsibility for children in the House this evening to answer on this and speak out. This is his duty. If we cannot look after the children of our nation, what business do we have being in here? The Order of Business should be set aside as Deputy Ó Caoláin suggested. This matter goes to the heart of our very being and our very Irishness. The very least the Minister of State with responsibility for children can do is come here and put on the record when he was informed of these 20 reports, how many he has in his possession and when they will be pub- lished. When will the House have an opportunity to debate and put in place structures and procedures to prevent this from happening again? 208 Order of 4 March 2010. Business This morning, we heard from child experts that, at present, children are very vulnerable and may experience this tragic precedent. We know it happened and we know it is happening. Let us for God’s sake put politics aside and do something about it. Will the Minister of State with responsibility for children come to House so we can hear what he has to say? Deputies: Hear, hear. Deputy Eamon Gilmore: Time should be provided today for the Minister of State with responsibility for children to come to the House and report to it on this matter. We need to address a number of issues. As Deputy Kenny stated, we have been told that 20 children died while in State care over the past decade and that there are a number of HSE reports relating to those deaths. We should hear a full statement on what reports are outstanding in the HSE and why they have not been published to date. There is a distinction to be drawn between the delays occasioned by the HSE itself and delays in the publication of the report arising as a result of sensitive issues contained in the report which relate to the children and their families. That distinction has to be made. We need to have political accountability on this matter. Time needs to be set aside today for the Minister of State with responsibility for children to make a statement to the House, answer questions and provide the answers Members of this House and the public are seeking as to why those reports have been delayed and what was going on. More important, we need to look not just at what happened in the past but at what is happening currently, to examine the extent to which there might still be children in State care who are at risk and what steps are being taken to address that. Deputy Caoimhghín Ó Caoláin: This is a very serious matter. It is compounded by the fact that we as parliamentarians, representatives of the people, are being denied the full information by the Department of Health and Children. The Minister of State with responsibility for chil- dren, Deputy Barry Andrews, is present but the Minister with overall responsibility is not present. We are being denied the full facts and information on a consistent basis when we make inquiries on behalf of our constituents and in the pursuit of best practice in society. It is not only the Department of Health and Children that is responsible, it is the Health Service Executive.