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Vol. 651 Thursday, No. 1 3 April 2008 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 3 April 2008. Requests to Move Adjournment of Da´il under Standing Order 32 ……………… 1 Order of Business ……………………………… 2 Private Members’ Business Unemployment Rate: Motion (resumed)……………………… 13 An Bille um an Ochtu´ Leasu´ is Fiche ar an mBunreacht 2008: An Dara Ce´im (ato´ga´il) ……… 35 Twenty-eighth Amendment of the Constitution Bill 2008: Second Stage (resumed) ……… 35 Ceisteanna — Questions Minister for Community, Rural and Gaeltacht Affairs Priority Questions …………………………… 66 Other Questions …………………………… 74 Adjournment Debate Matters …………………………… 85 Adjournment Debate Care of the Elderly …………………………… 85 Social Welfare Benefits …………………………… 87 Youth Services ……………………………… 89 Schools Building Projects …………………………… 90 Questions: Written Answers …………………………… 93 DA´ IL E´ IREANN DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIU´ IL OFFICIAL REPORT Imleabhar 651 Volume 651 De´ardaoin, 3 Aibrea´n 2008. Thursday, 3 April 2008. ———— Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Requests to move Adjournment of Da´il 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 propose to deal with these topics separately and I will call on Deputies in the order in which they submitted their notices to my office. Deputy Terence Flanagan: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the urgent need for the Taoiseach to appoint a new senior counsel to investigate the Stardust tragedy in Artane as there is a conflict of interest in the current appointment. Some of the families of the victims have contacted me. They are very unhappy and angry with the Government that a junior counsel on the Garda legal team in 1981 was selected to head up a new inquiry into the Stardust tragedy. The families of the victims are now withdrawing all co-operation with the inquiry and seek the urgent appointment of a new independent senior counsel who has no connection with the original inquiry. Deputy James Bannon: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the mismanagement of our national environmental commitments, which, according to the Minister for the Environment, Heritage and Local Government, will lead to EU fines impacting on every taxpayer in the country who once again will be forced to make up for such incompetence. 1 Order of 3 April 2008. Business Deputy Seymour Crawford: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the failure of the Minister for Health and Chil- dren, Deputy Mary Harney, to advise last night in this Chamber how a 99 year old County Cavan patient and others are to have their increased nursing home charges paid for and further to explain how the \110 million earmarked for delivery of her Fair Deal policy is now being used and why some of this funding cannot be used to pay the nursing home increases, thus removing the pressure and anxiety from our oldest citizens. Deputy Caoimhghı´nO´ Caola´in: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the survey by the Irish Primary Principals Network published to coincide with world autism day, yesterday, and showing that nine out of ten children with autism are not getting access to the specialist services they need, including speech and language therapists, psychologists and occupational therapists, and the need for Government action to address this totally unacceptable situation. An Ceann Comhairle: Having considered the matters raised, they are not in order under Standing Order 32. Order of Business. The Ta´naiste: The Order of Business today shall be as follows: No. 5, Twenty-eighth Amend- ment of the Constitution Bill 2008 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Private Members’ business shall be No. 31, motion re rate of unemployment, which shall also take place tomorrow immediately after the Order of Business and shall be brought to a conclusion after 90 minutes. Deputy Simon Coveney: Tomorrow. The Ta´naiste: My apologies to the House. An Ceann Comhairle: I think the Ta´naiste may be reading yesterday’s Order of Business. Deputy Paul Kehoe: That is nervousness. The Ta´naiste: The Order of Business shall be No. 5, Twenty-eighth Amendment of the Con- stitution Bill 2008 — Second Stage (resumed). Private Members’ business shall be taken immediately after the Order of Business and will conclude after 90 minutes. Deputy James Bannon: The Ta´naiste was singing last night. An Ceann Comhairle: There are no proposals to be put to the House today. Deputy Enda Kenny: Sometimes the folders get mixed up. The legislative programme for this Da´il session published by the Chief Whip contains 17 Bills, seven of which were listed for the previous session and some others were on the list before that. Has any analysis been carried out of how these targets are to be reached? There is little point in publishing lists of Bills which do not make it through to publication, never mind as far as being debated in the House. In respect of the figures produced yesterday and with economic indicators going in the wrong direction in many ways, will the Ta´naiste consider time for a debate next week, in view of the fact that tax revenue is \600 million short and we are heading for a deficit of more than \6 billion, which will be the largest ever? 2 Order of 3 April 2008. Business An Ceann Comhairle: We cannot deal with that matter now, as Deputy Kenny well knows. Deputy Enda Kenny: I am just asking for an opportunity to debate the matter next week. The second report on the Rebecca O’Malley case, as referred to by Deputies Reilly and Gilmore, sets out very clearly that patient-centred care is not sufficiently embedded in the management process, that systems have delayed and avoided difficult decisions and priority was not given to those who needed it. This is a major indictment of the capacity of the HSE to do the business for which it has been set up. Are there any proposals from Government to deal with this situation in view of the fact that the O’Malley report follows the Fitzgerald report, both of which equally indict seriously the capacity of the HSE to do its job? An Ceann Comhairle: We cannot deal with that matter now. Deputy Caoimhghı´nO´ Caola´in: On the same issue, a Cheann Comhairle, and it is relevant to the Order of Business. An Ceann Comhairle: If it is relevant to the Order of Business, but the last issue was not. Deputy Caoimhghı´nO´ Caola´in: From what Deputy Kenny has raised, both in respect of the O’Malley report and the Barringtons Hospital report and the indictment of the HSE which they represent, will the Government facilitate an opportunity to have these reports debated and discussed in this House? An Ceann Comhairle: That is not in order. Deputy Caoimhghı´nO´ Caola´in: I ask whether the Government will facilitate an opportunity to address these reports. It is a legitimate question to ask and I am appealing that we are given that opportunity. Let there be no mistake that significant concern arises out of these reports and other investigations under way, including in the north east. An Ceann Comhairle: Standing Orders relate to promised business. The Ta´naiste: On the question of what business can be taken and what debates can be held, that is a matter for the Whips to consider. The House had a debate on the cancer care situation some weeks ago and I contributed to that debate. The Taoiseach made the point yesterday in response to Deputy Gilmore and it is on the record that an interim policy and procedures have been adopted on the serious incident-management issue. The Taoiseach gave a full account of the reaction by the HSE and HIQA to these recommendations and the need to ensure, in so far as is possible, there is not a repeat of the incidents such as those in Portlaoise, the case of Rebecca O’Malley, Barringtons Hospital and elsewhere. Policies have been implemented by the Government. The Health Information and Quality Authority is the mechanism by which we can seek much better quality assessment and quality provision of health care services gener- ally and cancer care in particular in regard to the issues that have been raised this morning. I refer both Deputies to what the Taoiseach said yesterday in what I thought was a full and informative reply on the present position on those matters. It is a matter for the Whips to decide if they wish to take that debate further in plenary session in this House. On the issue raised by Deputy Kenny on Exchequer returns, it is important to point out that some of the downside risks referred to by me have perhaps started to materialise in terms of the high price of oil, the change in the sterling and dollar exchange rates and the downturn in the international economy, which will have its effect here as it will elsewhere throughout the developed world. However, we are in a good position in terms of the public finances to with- stand the pressures that are undoubtedly emerging as a result of that.