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Vol. 726 Tuesday, No. 3 18 January 2011 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Tuesday, 18 January 2011. Ceisteanna—Questions Taoiseach ………………………………… 705 Minister for Transport Priority Questions …………………………… 714 Other Questions …………………………… 722 Adjournment Debate Matters …………………………… 728 Leaders’ Questions ……………………………… 729 Requests to move Adjournment of the Dáil under Standing Order 32 …………… 739 Order of Business ……………………………… 740 Child Care (Amendment) Bill 2009 (Seanad]: Order for Report Stage …………………………… 746 Report and Final Stages …………………………… 746 Private Members’ Business Health Care Services: Motion ………………………… 767 Adjournment Debate Quinn Insurance Group …………………………… 786 Illegal Downloading of Copyright Material …………………… 790 Questions: Written Answers …………………………… 793 DÁIL ÉIREANN ———— Dé Máirt, 18 Eanáir 2011. Tuesday, 18 January 2011. ———— Chuaigh an Ceann Comhairle i gceannas ar 14.30 p.m. ———— Paidir. Prayer. ———— Ceisteanna — Questions ———— Programmes for Government 1. Deputy Caoimhghín Ó Caoláin asked the Taoiseach if he will report on progress in the implementation of the Revised Programme for Government; and if he will make a statement on the matter. [46963/10] 2. Deputy Eamon Gilmore asked the Taoiseach if he will report on the implementation of the renewed Programme for Government [48347/10] 3. Deputy Enda Kenny asked the Taoiseach the progress made to date in respect of the implementation of those elements of the Programme for Government for which he is respon- sible; and if he will make a statement on the matter. [48374/10] 4. Deputy Enda Kenny asked the Taoiseach if he will report on the implementation of the agreed Programme for Government; and if he will make a statement on the matter. [48389/10] 5. Deputy Enda Kenny asked the Taoiseach if he will report on the implementation of the revised Programme for Government; and if he will make a statement on the matter. [48402/10] An Taoiseach (Deputy Brian Cowen): I propose to take Questions Nos. 1 to 5, inclusive, together. As the Deputies are aware, the core focus of the renewed programme is to stimulate sus- tainable economic recovery and job creation. It sets out the agreed areas of focus for each individual Minister whose duty it is to ensure that those commitments within their particular portfolios are implemented. As I have stated on many occasions, we all have to adapt to changed economic circumstances. The international environment, while showing signs of recovery, is still fragile. Our focus is to stabilise our finances. Furthermore, we need to increase the competitiveness of the economy such that when the economic recovery takes place we are best positioned to take advantage of that recovery. The renewed programme for Government takes account of these realities and sets out mechanisms that will allow us to achieve these objectives. 705 Ceisteanna— 18 January 2011. Questions [Deputy Brian Cowen.] The implementation of the renewed programme is an ongoing process which takes account of developing circumstances including the availability of resources. A progress report detailing the programme’s implementation is the subject of ongoing evaluation and will be made avail- able shortly. Deputy Caoimhghín Ó Caoláin: Among the commitments in the programme for Government is a commitment that the Government will proceed with the proposal to hold a constitutional referendum on children’s rights. I have had the opportunity to meet the Minister of State with responsibility for children, Deputy Barry Andrews, and I do not intend to go into the details of that. It is not what this question is about. Given that we had all-party consensus and that we now have the Government’s own proposed wording, is it the intention of the Taoiseach and the Government to hold a referendum on this new wording? Will the referendum be held in conjunction with the general election? Has the Taoiseach given his blessing to Deputy Barry Andrews’s stated intent to have that referendum in the course of the Government’s remaining time? If so, when will the referendum Bill be published? On a separate matter, the last time we addressed the programme for Government in the Dáil, which was prior to the 2011 Budget Statement, I pointed out that, on education, the programme says, “Those with special needs will be safeguarded”. I asked the Taoiseach at that time if he would rule out any further cuts to special needs assistance and other supports and if he would keep to the commitment contained in the programme for Government to, “continue to develop therapy services for children with special needs attending mainstream schools”.I am sure Deputies of all political interests in the House know that, following a directive issued in December, special educational needs organisers, SENOs, are no longer in a position to appoint new special needs assistants, SNAs. In fact, the only power remaining to them is to cease SNA support for a specific child in need of special needs assistance in the classroom. Given the commitment in the programme for Government, the Taoiseach’s own response before the 2011 budget and the fact that children who are, by SENO assessment, in need of special support are not getting it, will the Taoiseach, in the weeks remaining to him, ensure that this draconian diminution of support is reversed, in the interest of children who need this special intervention at a critical stage of their educational development? The Taoiseach: As for the first matter, I indicated late last year that much advanced, detailed and good work has been done regarding a proposed wording for the children’s referendum. As the Deputy noted, this was brought to the attention of the Cabinet and approval was given for the Minister of State, Deputy Barry Andrews, to speak to spokespersons from other parties in the House and then to proceed to publish a wording, subject to those discussions or on the basis of having those discussions at the same time or listening to what people have to say and getting their views on it. This issue has been raised constantly in this Chamber and much work has gone into it. I believe it to be a good body of work and those who have had the opportunity to study it regard it as such. The question of when it will be taken is a matter yet for decision, consistent with the require- ments for the holding of referendums. Consequently, no decision has been taken as yet for the holding of a referendum. However, I believe the work that has been done to date should be brought into the public domain and discussed with Opposition Members and the Government will make a decision. While the Government obviously will reserve its right to make a decision, it wishes to hear the views of others and this is the process in which the Minister of State is engaged at present. 706 Ceisteanna— 18 January 2011. Questions In respect of the second matter, as the Deputy is aware all the budgets have been allocated for this year. Moreover, he is aware that we are in a tight situation with regard to expenditure and the expenditure ceilings must be respected. The Government has made every effort in the course of pre-budgetary discussions over many Cabinet meetings to protect to the greatest possible extent those in our society who are most vulnerable. The Government is very proud of the record it has achieved on the disability issue over many years and there has been a transformation in the last five to ten years in the provision of funding, structures, resources and personnel. There now are thousands of the special needs assistants mentioned by the Deputy whereas ten years ago, they numbered in the hundreds. Again, it is a question of being obliged to work within budgets. Although it is not possible to change that, it also is important that the SNA system both works with the best possible efficiency and meets the needs of those who require it. A very good job is being done, in the circumstances, in that regard. I simply contend that the allocation of resources has been made. It will be a continuing priority for the Government to seek to protect to the greatest possible extent those who are most vulnerable in our society. We must ensure this is achieved to the greatest possible extent. This task will be ongoing during the course of this financial year but it certainly is a sentiment that has been expressed by the Government to the agencies concerned. Deputy Caoimhghín Ó Caoláin: In respect of the first matter, given that the Taoiseach has indicated that the Government has not yet made a decision, does he believe that within what presumably is a period of weeks that remains, there is a sufficient timeframe to accommodate the publication of the referendum Bill, the presumable appointment of a referendum com- mission and all the other elements, including the finance, to underpin a referendum campaign? Is this feasible or doable within the time that remains? On the second matter regarding children in need of special needs assistance, particular cases have been brought to my attention in which the individual child is regarded as being, in the phrase used by the special educational needs organiser, SENO, involved, of the highest priority. However, there is not at present within the gift of the SENO the opportunity to appoint a special needs assistant as the aforementioned child undoubtedly requires. The situation is highly serious and I again use the opportunity, in the limited time that is open to me, to ask the Taoiseach to revisit this particular area because children will lose the chance to avail of essential supports in preparing for their current and future education prospects. Finally, what of the section in the programme for Government entitled, Protecting the Family Home? I note that repossession orders have increased from 109 in 2007 to 311 in 2010.