Vol. 766 Tuesday, No. 1 22 May 2012 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Dé Máirt, 22 Bealtaine 2012. Ceisteanna — Questions Tánaiste and Minister for Foreign Affairs and Trade Priority Questions …………………………… 1 Other Questions …………………………… 9 Topical Issue Matters ……………………………… 20 Leaders’ Questions An Taoiseach ……………………………… 20 Visit of Delegation from Bosnia-Herzegovina …………………… 26 Leaders’ Questions (resumed)……………………………26 Ceisteanna — Questions (resumed)…………………………27 Order of Business ……………………………… 44 Residential Tenancies (Amendment) Bill 2012: First Stage ………………… 49 Pre-European Council Meeting: Statement ……………………… 50 Topical Issue Debate Higher Education Grants …………………………… 63 Bullying in Schools …………………………… 65 Local Authority Mortgage Arrears ……………………… 68 Hospital Services ……………………………… 70 Qualifications and Quality Assurance (Education and Training) Bill 2011 [Seanad]: Second Stage … 72 Estimates for Public Services 2012: Message from Select Committee …………… 81 Private Members’ Business Referendum (Amendment) (Varying Of Polling Day) Bill 2012: First Stage (resumed)…… 81 Private Members’ Business National Monuments: Motion ………………………… 85 Credit Guarantee Bill 2012: Second Stage (resumed) ………………… 104 Referral to Select Sub-Committee ……………………… 106 Questions: Written Answers …………………………… 107 DÁIL ÉIREANN DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIÚIL OFFICIAL REPORT Imleabhar 766 Volume 766 Dé Máirt, 22 Bealtaine 2012. Tuesday, 22 May 2012. ———— Chuaigh an Leas-Cheann Comhairle i gceannas ar 2 p.m. ———— Paidir. Prayer. ———— Ceisteanna — Questions Priority Questions ———— Human Rights Issues 100. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to attend the Euro 2012 Championships in Poland and Ukraine in view of the recently published treatment of imprisoned former Ukrainian Prime Minister Yulia Tymoshenko; and if he will make a statement on the matter. [25421/12] Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I anticipate there will be political representation at Ireland’s Euro 2012 group stage matches, all of which take place in Poland. As regards Ukraine, the European Union had made its concerns known to the authorities there about politically motivated trials and the conditions of detention of Ms Tymoshenko. High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton, has called on the Ukrainian authorities to ensure her right to appropriate medical assistance. I fully support that call. I discussed Ukraine with my EU Foreign Minister colleagues in Brussels on 14 May and we agreed that further progress on the EU’s association agreement with Ukraine would require a number of positive steps on the resolution of the 1 Priority 22 May 2012. Questions [Deputy Eamon Gilmore.] issue of politically motivated trials, including Ms Tymoshenko’s detention, and the free and fair conduct of the parliamentary elections due to take place in October. On the issue of attending matches in Ukraine, there is no common EU position. A number of political figures have made it known that they do not intend to visit Ukraine while Ms Tymoshenko is imprisoned or will not attend matches in Ukraine during the championships. An alternative view has been expressed that a sports boycott would not be an effective tool of persuasion or could send an unintended signal to the wider Ukrainian public. Individual member states will need to assess this question for themselves. For my own part, I have no official travel plans that would entail attendance at a match in Ukraine during the championships. However, I cannot at this time rule out a visit to Ukraine at some point this year, including in my separate capacity as chairman-in-office of the OSCE as this is a forum in which Ukraine plays an important role and it will assume the chairmanship- in-office next year. Deputy Seán Ó Fearghaíl: We hope the dilemma the Tánaiste faces is whether to go to Kiev. We all hope there will be an Irish match in that location. We also appreciate the general public desire to see a separation of politics and sport. It is not a great idea for politics to intrude onto the field of sport. Notwithstanding that, the circumstances surrounding the case of Julia Tymoshenko, which have been highlighted internationally, are so fundamentally wrong and concerning that one must ask what is the plight of the ordinary citizens who fall foul of the justice system in the country, if a state can treat a former Prime Minister in this way, where she is held in a hospital ward with guards in the ward and television cameras monitoring her constantly. We hope Ireland will be playing in Kiev. If that situation arises, can the Tánaiste give us an understanding of his position and whether he will have discussions with our honorary consul and our diplomatic representatives in order to give them guidance on their position? Deputy Eamon Gilmore: The detention and trial of Ms Tymoshenko has given rise to con- siderable concern about the conditions of her detention. She was sentenced on 11 October 2011 to seven years in prison and was the subject of a three-year ban on holding high public office. She was also subject to an order to repay €130 million to the state-owned gas company, having been convicted of exceeding her authority as Prime Minister when concluding a gas deal with Russia in 2009. I do not have any plans to travel to the Ukraine to attend any of the football games. We are making arrangements for consular services to be provided because we expect there will be a significant number of Irish fans travelling to the Ukraine if we qualify from the first round. We are making arrangements to have consular services there to support and to be of assistance to the fans. We must discuss with the Ukraine issues of a bilateral nature and issues in the context of the chairmanship of the OSCE. At some stage this year it is possible that I may travel to Ukraine to conduct business. Deputy Seán Ó Fearghaíl: In the event of the Tánaiste travelling in the course of 2012, does he anticipate seeking an opportunity to visit the prisoner to see for himself the circumstances in which she exists? Will the Tánaiste instruct our consular or diplomatic representatives to meet the former president and discuss her plight? Deputy Eamon Gilmore: There has already been an international visit to Ms Tymoshenko and we have relayed the deep concerns of the Irish Government in Kiev and in Dublin. We will continue to do that. The issue of concern with regard to the Ukraine at the EU Foreign 2 Priority 22 May 2012. Questions Affairs Council was not solely Ms Tymoshenko but also the conduct of the elections to be held in October and this must be taken into account. Middle East Peace Process 101. Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade is he in favour of the EU introducing a ban on settlement goods if Israel refuses to cease settlement building in the West Bank, including East Jerusalem; and if he will make a statement on the matter. [25589/12] 103. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade his proposals in response to continued Israeli settlements in Palestine in view of the recent European Union communiqué on this matter; and if he will make a statement on the matter. [25422/12] Deputy Eamon Gilmore: I propose to answer Questions Nos. 101 and 103 together. Ireland and its EU partners have on many occasions expressed firm support for a negotiated settlement between Israel and the Palestinians and the wider Arab world, on the basis of the two-state solution. Although the talks process is at present stalled, we continue to do what we can to encourage the parties to engage and to work towards that end. There is increasing concern in the EU, which I have highlighted, that the relentless progress of Israeli policies in the Occupied Palestinian Territories is undermining the possibility of con- structing a viable Palestinian state. These policies pose a threat to the prospect of a negotiated political settlement and run directly counter to the two-state solution which has been the central objective of the EU for many years. At the urging of Ireland and other member states, the Foreign Affairs Council last Monday focused its discussion not on the overall peace process but on these specific viability issues, notably issues around Israeli settlement expansion and the pressure on Palestinians in East Jerusalem and area C, which is that part of the Occupied Palestinian Territory in the West Bank still fully under Israeli military control and occupation. The Council conclusions adopted last week send out a strong and united EU message on these critical and urgent issues. Ireland was heavily involved in the preparation of these important conclusions and fully supports them. The EU has set out in some detail the issues which threaten a two-state solution, the EU’s position in respect of these issues and the remedial action it wishes to see, primarily, of course, from Israel. I very much welcome and support these strong Council conclusions, which restate and in many respects advance EU positions on these key points. I suggested at the Council that in view of the urgency of these issues on the ground, Ministers should look at them again in the autumn to see if the situation had improved or was continuing to worsen. I suggested that if matters continued to worsen and our existing actions had not improved them, we would clearly need to consider stronger actions. The exclusion from the EU of settlement products and of individual settlers engaged in violence, should, in that case, be considered. I have previously stated that Ireland would support a ban on settlement products.