Vol. 645 Thursday, No. 2 31 January 2008 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 31 January 2008. Order of Business ……………………………… 689 Private Members’ Business: Tribunals of Inquiry: Motion (resumed) ……………………… 696 Barron Reports: Statements (resumed) ……………………… 725 Ceisteanna — Questions Minister for Health and Children Priority Questions …………………………… 756 Other Questions …………………………… 767 Adjournment Debate Matters …………………………… 778 Adjournment Debate Services for People with Disabilities ……………………… 778 Health Services ……………………………… 781 Grant Payments ……………………………… 783 Schools Building Projects …………………………… 784 Questions: Written Answers …………………………… 787 DA´ IL E´ IREANN ———— De´ardaoin, 31 Eana´ir 2008. Thursday, 31 January 2008. ———— Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Order of Business. The Ta´naiste: It is proposed to take No. 11, statements on the reports of the Joint Committee on Justice, Equality, Defence and Women’s Rights relating to violent incidents arising from the conflict in Northern Ireland, Barron reports, resumed. Private Members’ business shall be No. 25, motion re confidence in the Mahon tribunal, resumed, to be taken immediately after the Order of Business and to conclude after 90 minutes. An Ceann Comhairle: There are no proposals to be put to the House. I call on Deputy Bruton. Deputy Richard Bruton: The House will have seen the tragic case of the O´ Cuanacha´in family who now face a legal bill of \5 million following their attempt to pursue the rights of their child through the courts. Eight years on after the idea of a Bill to provide education provision based on the needs of an individual was introduced in the Da´il, we still do not have an appeals mechanisms through which parents who feel their needs are not met by the Depart- ment can appeal without going to the courts. How can a Government stand over a situation where no appeals mechanism is in place which can be utilised by families? Yesterday, the outgoing Taoiseach indicated that a Bill being introduced to the House should have two weeks before it is debated on Second Stage. The would-be incoming Taoiseach is telling us that we will have two working days before the Finance Bill is to be considered by the House. Is that an indication that the Bill is so light that we do not need to give it serious consideration? Deputy Johnny Brady: What about the outgoing Leader of the Opposition? Deputy Richard Bruton: Has the Ta´naiste and Minister for Finance decided to foreshorten any proper debate on tax options? Confusion has been created as to whether the provision of a tax clearance certificate is the same as an application for one. Will the Ta´naiste clarify, or make provision in the Finance Bill in order that it is clarified, that individuals who apply for a tax clearance certificate have not fulfilled their requirements and no person can simply on application for a tax clearance certifi- cate present himself or herself as being tax compliant? An Ceann Comhairle: The Ta´naiste on the Finance Bill. The other matters are out of order. 689 Order of 31 January 2008. Business Deputy Paul Connaughton: Of course they would have to be out of order. Deputy Richard Bruton: On secondary legislation we are entitled to know whether section 36 of the Education for Persons with Special Educational Needs Act 2004 has an appeals mechanisms in place. Surely that is an issue of secondary legislation that we are entitled to know about. Deputies: Hear, hear. An Ceann Comhairle: No, unfortunately the issue is whether it is promised legislation. In this instance I am not aware of legislation being promised—— Deputy Richard Bruton: The tradition has been that secondary legislation has been raised on the Order of Business—— An Ceann Comhairle: Yes. Deputy Richard Bruton: ——and we have received replies on it. If the Minister is unable to reply, the tradition has been that one would be provided later under separate cover. An Ceann Comhairle: The Deputy is correct when legislation is promised. The Ta´naiste on the Finance Bill. Deputy Richard Bruton: It has been promised. An Ceann Comhairle: I have called the Ta´naiste. Deputy Richard Bruton: On a point of order, I have raised an issue promised by the Govern- ment that is not in place. Tradition and precedent suggest I am entitled to an answer on the matter. The Ceann Comhairle is seeking to disallow my right to get an answer. An Ceann Comhairle: We will let the Ta´naiste answer it as promised. I am not aware of it. Deputy Richard Bruton: Thanks very much. The Ta´naiste: The specific matter relating to education policy would be best dealt with in terms of accuracy and informed comment by a parliamentary question being tabled to the line Minister. A comprehensive reply on the up-to-date position—— Deputy Richard Bruton: The answer is there is no provision for appeals. The Ta´naiste: Does Deputy Bruton wish to answer the questions as well as ask them this morning? Deputy Paul Connaughton: Will the Ta´naiste at least answer him first anyway? Deputy Michael Ring: He is getting like the Taoiseach. The Ta´naiste: The O´ Cuanacha´in case, which has been deliberated on by the courts, will be studied by the Minister for Education and Science and the Government. The efforts made to assist families with autistic children and to provide them with a mainstream education is a policy area upon which there have been many developments and many resources applied. One has great sympathy in such a situation, particularly for the parents of this family with the recent outcome in the courts. However, we must respect the outcome of the courts which have interpreted the law in this area. A parliamentary question to the Minister would provide—— 690 Order of 31 January 2008. Business Deputy Richard Bruton: No appeals mechanism is in place and the family in question is faced with a \5 million legal bill because it had to go the courts. Deputy Paul Kehoe: The Ta´naiste is happy to see them sell their house. The Ta´naiste: There have been many developments in the area of the rights of people with disabilities such as the Disability Act. Important measures and many resources have been applied such as resource teachers and special needs assistants. Deputy Richard Bruton: I am not raising the whole gamut of policy. The Ta´naiste: The point I am making is that on the specific answer the Deputy requires to his question, tabling a parliamentary question would be the best way of eliciting the necessary information. That is my answer to the Deputy’s question. Deputy Paul Kehoe: It means the Ta´naiste does not know what reply to give. The Ta´naiste: The Finance Bill will be published later today. It relates to many issues that have already been announced in the Budget Statement which the Deputy has been able to study since 5 December 2007. There are other issues in addition to these but that is the normal position with the Finance Bill. It will be debated next week. Deputy Richard Bruton: Two days of deliberation before a Second Stage debate is abnormal. The Ta´naiste: As the Deputy knows, Committee Stage will run for many hours and days, with some Members even looking over at me wondering when it will end. Deputy Dermot Ahern: Unless Deputy Bernard Durkan comes in. Deputy Eamon Gilmore: Since the beginning of the year, we have seen a succession of announcements of job losses. This week 330 jobs were lost at Allergan in Arklow, County Wicklow. Before that 220 jobs went at Jacobs Fruitfield, 60 at Britvic in Cork and 400 at the Burlington Hotel. Up to 1,500 jobs are under threat at SR Technics. Construction employment is down by 5.4% with 15,000 more on the live register than this time last year. Yesterday, some economic expert predicted unemployment will reach 6% by the end of this year. Given the large number of job losses, will an opportunity be given to the House to discuss the strategies to deal with employment and the problems presented for those workers losing their jobs? The Ta´naiste will recall that the Ethics in Public Office Bill was announced in October 2006 by the Taoiseach and the then Ta´naiste, Mr. Michael McDowell, following the revelations about the Taoiseach’s finances at that time. The Bill provided for an arrangement whereby if a Member of the Oireachtas were to get a gift or a loan he or she would seek an opinion from the Standards in Public Office Commission before accepting it. The Bill completed all Stages in the Seanad on 4 July, but it was never presented to this House. The Bill is sponsored by the Ta´naiste’s Department. In the absence of other legislation this week I was surprised that the Bill was not presented to the House. When does the Ta´naiste intend to take Second Stage of that Bill in this House? The Ta´naiste: I presume that Bill can be taken in this session with the agreement of the Whips in due course. A debate on employment matters is also a matter that can be facilitated through the agreement of the Whips. 691 Order of 31 January 2008. Business Deputy Eamon Gilmore: The Ethics in Public Office Bill is the Ta´naiste’s Bill. Deputy Joan Burton: Has he heard of it? Deputy Eamon Gilmore: Has he asked for Government time to present his Bill to the House? I would understand the Ta´naiste’s vague answer if it was the responsibility of another Minister, but this is his Bill.