The Order of Business today shall be No. 6, Social Welfare (Miscellaneous Provisions) Bill 2003 – Second Stage (resumed). Private Members' business shall be No. 42, motion re crime (resumed), to conclude at 8.30 p.m.
Order of Business.
There are no proposals to put to the House.
I undertook to report back to the House concerning the availability of transcripts of a number of committee meetings. The recent appointment of a Deputy Editor with responsibility for committees and the filling of seven reporter vacancies in the debates office has resulted in the clearing of a considerable backlog of committee work and will lead to an earlier publication of transcripts. In general the "blacks", the unedited version of committee proceedings, are available the following Monday on request from the debates office and this was the case in respect of the particular meetings to which Deputies referred last week and yesterday. However, to improve the service to Members I am making arrangements to provide access to them through the House network in that format in the future. I remind Deputies to bear in mind that the "blacks" are, as I have said, unedited first drafts and are liable to be corrected. Fully edited transcripts should be available within one to two weeks. While this is longer than the time taken with regard to Dáil or Seanad transcripts, it is normal practice to allow time for witnesses to see their transcripts.
In respect of the Freedom of Information Act, has the Taoiseach received correspondence from the International Federation of Journalists—
It is not appropriate to ask questions on the content of legislation.
My question concerns the publication of the legislation and the Government's intention to amend the Act.
That question is not appropriate on the Order of Business. The Deputy must find another way of raising that matter.
The Taoiseach has an answer ready.
The question is not in order.
The new Government jet was discussed on "Morning Ireland" this morning. Is there a jacuzzi on the jet, how many passengers will it take and will there be mixed bathing?
The Deputy should try to be serious.
I understand passengers can adjust the foam density.
There is beautiful veneer on the Brazilian mahogany.
We are not smoked salmon socialists.
The Minister for Defence implied that we were getting a bargain basement price and we were fortunate to be given these jets.
I cannot keep out of trouble.
We should refer the matter of the new jet to Dr. Hans Blix, to ensure that all is in order.
When will the Local Government Bill, known as the dual mandate Bill, and the misnamed Protection of the Environment Bill 2003 come before the House?
The Local Government Bill will be before the House this session. The Bill has been published.
We need more specific information. We knew that already. Can the Taoiseach tell us when the Bill will be before the House?
That is a matter for the Whips. As soon as they agree it will come before the House.
On a point of order, it is the Government which orders the business of the House and not the Whips. The Whips are told by the Government when something will happen. It is not a matter for the Whips.
It has never been the practice for the Whips to be told. The Whips agree 99% of the time.
That may have been all right in Deputy Brennan's time. It is different under the present Government Whip.
The Protection of the Environment Bill was published on 30 January and is on Committee Stage in the Seanad.
When will it be before the Dáil?
It must be passed in the Seanad first. We must not overwork the Seanad.
It is impossible to get information out of the Taoiseach. We are wasting our time asking questions.
Deputy, the Bill is in the Seanad.
I know Deputy Higgins has not been a Member of the Seanad, yet. That House must pass the Bill before we begin to debate it. I cannot dictate when the Members of the Seanad will complete their discussion but when that happens the Bill will come back for consideration.
The Government has the Seanad so well programmed it must be known when the Bill will be passed there.
That is how things happen. One cannot force people to do things.
In light of the fact that the Government has decided not to make funding available in the current year to mainstream community employment workers, thereby leaving people with disabilities high and dry again, despite promises, when are we going to see the health complaints Bill? The Government has broken its promise to mainstream community employment workers where health is concerned. This is a disgrace.
The heads of the Bill are expected in mid-2003 and the Bill should be due next year.
As a result of the Government's failure to deal with this issue we now see massive litigation claims in the area of obstetrics. These are threatening the future of obstetrics in the country and must be dealt with. In July 2001 a working group was set up to develop a no fault compensation scheme, which the Government undertook to develop. We are still waiting for a report and we have no indication of when legislation will be brought to the House to ensure that there is an alternative route for people who have been damaged by the health service and have a right to compensation in a reasonable manner. Can the Government indicate how it will deal with this failure to provide—
Deputy, it is not appropriate to make a statement. Taoiseach, is legislation promised?
No.
Is the Taoiseach saying there will be no legislation? Can he clarify that?
As no legislation is promised I suggest the Deputy submits a question to the appropriate Minister.
With all due respect, a Cheann Comhairle, the introduction of such a compensation system requires legislation.
The Deputy knows she is out of order.
I am concerned that the Taoiseach is saying this is not going to be an option.
This is not the place to raise that matter. The Deputy has other opportunities to raise it.
I have been tracking legislation which was promised in April 2001, promised in another document in mid-2002 and now it is not expected before 2004. The coastal zone management Bill is badly needed because there is much illegal dumping taking place around our coasts.
Has the Deputy a question on the legislation?
That is the question. Will the legislation be introduced urgently? The Minister may be able to say it will be brought forward more urgently because it has been languishing since 2001.
It will be 2004.
The legislation in regard to the compilation of registered persons who are considered unsafe to work with children has been promised for 2004. Is it possible to expedite that legislation given the concern expressed in that area for some considerable time?
On the issue of the registered persons who are considered unsafe to work with children, the Minister intends to bring proposals to Government with a view to establishing a cross-departmental working group to finalise the proposals for the legislation. The heads of the Bill are expected in April and we hope to bring forward the Bill later this year.
When will the directive which became EU law last year, EU Directive 2001/14/EC, on information and consultation with workers, be transposed into domestic law, as is required?
I will have to check that for the Deputy. It is not on my list but it will have to be transposed.
Is the Taoiseach aware that much concern has been expressed about the number of health boards and health agents generally? I am a little surprised to find there is to be a new one in the form of the national treatment purchase fund which, I understand, is to be set up on a statutory basis. Is there legislation to do this or is it to be done by ministerial order?
Legislation is not promised—
I understand it is to have its own office and staff.
—but the agency has been set up, I assume on a non-statutory basis, is effective and is working in part of the same office as the NESDO.
It has been announced by the Department. All I want to know is whether it is to be put on a statutory footing by ministerial order or by legislation.
Perhaps it will be by ministerial order. I suggest the Deputy table a question to the Minister. The agency has been set up and is working.
I am aware of that.
There are just six weeks left before the European Commission will take Ireland to the European Court over the €20 planning charge. When will the legislation to abolish the €20 planning charge be brought before the House?
Is legislation promised?
As I stated yesterday, the Minister and the Department are reviewing the European Union determination on this matter and will make a decision shortly.
They have not much time.
Given that there are more than 500 families awaiting decisions in relation to subventions for nursing homes, who are being told by the Southern Health Board that there is no money to pay them, will the Taoiseach expedite the Health Complaints Bill? It is a gross injustice that so many people are waiting for such a long time.
That question was raised earlier this morning.
Many of those involved are in their 70s and 80s and will be dead before they get the subvention. Will the Taoiseach expedite the Bill?
That question was dealt with this morning. We cannot have repetition. We have spent long enough on the Order of Business.
I will keep asking it. When will it be published?
The legislation I ask for was promised by the previous Government, the ground rents Bill to abolish ground rents. It is a matter of urgency that it is introduced. The reason I ask is that—
The Deputy does not have to give the reason. He can ask a question on the legislation.
I am merely asking as it affects the local authority in my county and it should be expedited.
Following consultation with the Attorney General, the Chief State Solicitor and the Land Registry department and council on 12 February last, they have been asked to provide opinions on certain aspects of the matter. The heads of the Bill are expected during the year but it is not possible to indicate at this stage when the legislation will be presented.
In light of the situation where small herdowners are not allowed income supplement for technical reasons, when will the animal health Bill come before the House so that we can discuss this issue and rectify the matter?
Has the Deputy a question on the Bill?
When will the animal health Bill come before the House and when can we have a discussion on farming problems—
The heads of the animal health Bill were approved last week and the Bill is now gone for drafting.
When will it come before the House?
Arising from the fact that the Minister for Justice, Equality and Law Reform is forever sounding off about what he is going to do to combat alcohol abuse and arising from the Supreme Court decision last week which discovered a major flaw in the legislation in relation to the intoxilyzer and struck down a case, which has ramifications for thousands of other cases, when does the Taoiseach propose to introduce legislation to plug that loophole?
Is legislation promised?
There is legislation on intoxicating liquor but I do not know whether it deals with that particular issue.
This is an urgent matter.
The heads of the Bill are expected by Easter and it will be introduced in the middle of the year.
When does the Taoiseach intend to announce the programme of decentralisation? The reality is that many civil servants are anxious to move—
The Deputy should submit a question to the Minister for Finance on that matter.
Will the Taoiseach give an indication as to whether it will be in six or 12 months' time?
Sorry, Deputy, you are invited to submit a question. It is not appropriate to the Order of Business. I call Deputy Stagg.
On a point of order, it is appropriate to the Order of Business because to allow decentralisation to take place, new legislation has to be brought in.
Sorry, Deputy, the Chair has ruled on the matter. The Deputy did not ask about legislation. He asked a question that is appropriate to the Minister for Finance.
The Chair did not allow me—
Is legislation promised.
No.
Legislation is not promised.
That means there will be no decentralisation. Is it the reality that there will be no decentralisation?
Sorry, Deputy, the question was on legislation.
I wish to ask about two items of legislation. Given that the United States has threatened recently to start retesting nuclear weapons and to use nuclear weapons in its threatened forthcoming war, when will the comprehensive nuclear test ban treaty Bill come before the House? Given the present situation, if the treaty is null and void perhaps we do not need this Bill. Given the dispute at the Valuation Office which is having a negative effect on the finances of local authorities, will the local government rates Bill be brought forward with a view to resolving the problem?
To implement our obligations under the comprehensive nuclear treaty test ban, draft heads of a Bill are being prepared in the Department. It is expected to go to Government late this year so that the legislation will be introduced in 2004. The heads of the local government rates Bill to standardise, modernise, streamline and consolidate rating law are expected shortly and I hope the legislation will be introduced this year.
The Tánaiste stated this week that she would ensure that foreign companies would quote for insurance here. It might have dawned on her that they are already here but are not trading. Does the Government intend to amend the Competition Act to ensure the policy statement of the Tánaiste is fully implemented?
Is legislation promised?
No.
Legislation is not promised.
The Tánaiste promised the legislation.
It is not listed.
Therefore she has no—
May I ask about two items of legislation? The first is the Central Registration Bill which provides for decentralisation to Roscommon town of the GRO. When will that Bill come before the House? On the decision that two more carriers will abandon Shannon Airport – security at our international airports is a farce – when will the Criminal Justice (Miscellaneous Provisions) Bill come before the House so that we can debate this issue—
On the legislation—
Security should have been put in place after the military aircraft was attacked, not after the aircraft pulled out.
The heads of the Civil Registration Bill have been approved by the Government and the legislation is being drafted. It is expected the legislation will be in the House this session.
Last evening, the Minister for the Environment and Local Government announced what is effectively a new stealth tax, namely a €150 charge on all new cars. Will that require legislation?
I do not think it will require legislation but it is an environmentally friendly way of trying to deal with a major problem.
It is another way of screwing the public. Will it require secondary legislation?
Sorry, Deputy, we cannot discuss that matter.
I am entitled to an answer.
The Taoiseach has answered the question.
Will it require secondary legislation?
I do not think it requires legislation. It is an environmentally friendly way of dealing with a major problem and we strongly support it.