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Dáil Éireann Vol. 955 Wednesday, No. 1 21 June 2017 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) 21/06/2017A00100Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 21/06/2017J00300Questions on Promised Legislation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 14 21/06/2017P01700Thirty-fifth Amendment of the Constitution (Protection of Pension Property Rights) Bill 2017: First Stage� � � 24 21/06/2017P01750An Bille um an gCúigiú Leasú is Tríocha ar an mBunreacht (Maoinchearta Pinsin a � � � � � � � � � � � � � � � � � � 24 Chosaint) 2017: An Chéad Chéim � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 24 21/06/2017P02500Ceisteanna - Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 25 21/06/2017Q00050Official Engagements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 26 21/06/2017S01700Departmental Strategy Statements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 35 21/06/2017T04950Brexit Issues � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 41 21/06/2017U01800Topical Issue Matters � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 44 21/06/2017U02000Pre-European Council: Statements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 44 21/06/2017DD00400Ceisteanna - Questions (Resumed) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 63 21/06/2017DD00500Priority Questions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 63 21/06/2017DD00550General Practitioner Contracts � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 63 21/06/2017EE00350Nursing Staff Recruitment � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 66 21/06/2017EE01050Proposed Legislation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 68 21/06/2017FF00550Health Care Policy � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 69 21/06/2017GG00700National Maternity Hospital � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 72 21/06/2017HH00400Other Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 74 21/06/2017HH00500Diabetes Strategy � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 74 21/06/2017JJ00125Mental Health Services Provision � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 77 21/06/2017JJ00650Hospital Accommodation Provision� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 79 21/06/2017KKK01000Health Care Policy � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 82 21/06/2017LL00350Home Help Service Provision � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 84 21/06/2017MM00150National Maternity Hospital � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 85 21/06/2017MM01650Hospital Waiting Lists � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 88 21/06/2017NN00550Mental Health Services Provision � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 90 21/06/2017OO00300Business of Dáil � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 92 21/06/2017OO01200Topical Issue Debate � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 92 21/06/2017OO01300Rent Controls� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 92 21/06/2017PP00400Hospital Services � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 95 21/06/2017RR01000Aquaculture Licences � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 101 21/06/2017XX00100Building Standards, Regulations and Homeowner Protection: Motion [Private Members] � � � � � � � � � � � � � 104 21/06/2017KKKK00500Appointment to the Judiciary Nomination Procedure: Statements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 137 DÁIL ÉIREANN Dé Céadaoin, 21 Meitheamh 2017 Wednesday, 21 June 2017 Chuaigh an Ceann Comhairle i gceannas ar 12.p.m. Paidir. Prayer. Leaders’ Questions 21/06/2017A00200An Ceann Comhairle: We will take Leaders’ Questions under Standing Order 29. I ask Members to have regard to the time allowed for Leaders’ Questions. 21/06/2017A00300Deputy Micheál Martin: I am sure the Taoiseach will agree that accountability should be central to everything we do in this House. The Taoiseach and the Tánaiste should be prepared to come to the House to answer in detail for their actions relating to the appointment of the former Attorney General to the Court of Appeal. It is an appointment which has been without precedent since 1995 and the 1995 Act, despite their disingenuous attempts to portray it other- wise. Section 18 of that Act was simply not adhered to and the law was circumvented. There is no question about that. The Taoiseach indicated yesterday, a week on from the controversy, that, the night before, he was aware of the possibility of an appointment being made on the basis that everyone knew there was a vacancy. Everybody knew there was a vacancy since March of last year. The Taoiseach is reserving the right to do it all over again by using the Constitution as his defence, because any new Act can be trumped by the Constitution and Article 1 in the future. Today, we learned that Ministers were critical about the appointment at yesterday’s Cabinet meeting. Behind closed doors, they said it should not have been dealt with in the manner it was dealt with at Deputy Enda Kenny’s last Cabinet meeting. I do not know whether the Minister, Deputy Shane Ross, got his review at yesterday’s meeting. There was an acknowledgement at Cabinet, apparently, that it was badly handled. Why was it done so secretly and in such a covert manner? Why did Deputy Enda Kenny engineer this appointment in this way? Why did the Tánaiste collaborate with him in doing so with the Taoiseach’s acquiescence? As I asked on Wednesday last and, indeed, asked the Taoiseach on Sunday evening last, did anybody consider the Fennelly report and its findings in relation to this appointment and to the Attorney General at the time? The Dáil should have an opportunity to debate this and to ask questions. Yesterday on the Order of Business, I thought we had got an agreement that would happen. The Government side fought tenaciously to resist questions. I am glad to hear that there is some change in that 2 21 June 2017 direction but it needs to be a comprehensive question and answer session, involving the Taoise- ach and, indeed, the Tánaiste. The Taoiseach invoked the separation of powers yesterday and that was bogus. In 1994, there was an open session here in relation to the appointment of Mr. Harry Whelehan to the High Court with full questions and answers taken by the then Taoiseach. That was a bogus invocation of that. I do not know why the Taoiseach is so reluctant to come to the House to answer detailed questions in relation to it� Does he agree with his Ministers’ assessment that this was badly handled? Does the Taoiseach accept that he essentially ignored all the Opposition’s concerns about this appointment and that he rammed it through on Sunday evening to avoid account- ability to the House? Did anyone raise the Fennelly report when this appointment was going through the Cabinet? 21/06/2017B00200The Taoiseach: I am absolutely in favour of accountability before this House. I am here to answer any question Deputy Micheál Martin wants to ask me in relation to that appointment or any other matter today, as I was yesterday and as I will be on Tuesday and Wednesday next. I understand that discussions are under way at the Business Committee and among the Whips about a debate later on today involving other Ministers and a more comprehensive discussion and I have no difficulty with that provided the terms can be agreed. As I stated yesterday, I knew there was a vacancy. It was a matter of public record. In fact, it was advertised. I knew that it was a possibility the evening before
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