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Dáil Éireann debate -
Wednesday, 19 Oct 1988

Vol. 383 No. 1

Order of Business.

It is proposed to take No. 4. It is also proposed that there shall be no Private Members' Business today and that business shall be interrupted at 7 p.m.

May I ask if these arrangements are satisfactory and approved by the House?

No, Sir, I have a point to make about the Order of Business. I should like to know why Item No. 1 on the Order Paper does not appear in the Taoiseach's programme, that is, the report of the Special Committee on the Judicial Separation and Family Law Reform Bill, 1987. That Bill, as you know, Sir, was dealt with by a special committee of the House. On 29 June last, the Minister of State at the Department of Foreign Affairs, Deputy Calleary, gave that committee to understand that the Bill would be taken at Report Stage in the House on resumption of the House. I am given to understand also that the Minister for Justice made a similar engagement or undertaking——

——on 22 September. Might I also point out that on this Bill going into Special Committee, it was clearly the intention of the committee that the job would be finished and consideration completed before the Dáil resumed and that we would move on to Report Stage when the Dáil resumed? I want to see that matter on the Order Paper.

I gather that the matter has been proceeding between the Whips and that it will be reported on tomorrow morning by Deputy Taylor-Quinn. Secondly, I understand that the Whips are supposed to have agreed to meet to discuss the details of how we deal with the Bill in this House. That is to take place subsequent to the moving of the report by Deputy Taylor-Quinn. That is the correct procedure, I understand, with regard to a Private Members' Bill and the matter is proceeding on that basis at Whip's level, and there is no difficulty whatever.

I am happy to find that the Government have opened their mind a little. May I suggest to the Tánaiste that perhaps the Whips would get together before the Order of Business tomorrow morning so that when we have the Bill reported to the House tomorrow morning we can make arrangements for debating Report Stage of the Bill?

We can do that.

I am sorry, I must ask for confirmation again that there shall be no Private Members' Business today and that business shall be interrupted at 7 o'clock. Is that agreed? Agreed.

In accordance with the notice I have given you, under Standing Order 30 I request leave — on the Adjournment of the Dáil — to discuss the following specific and important matter of public interest requiring urgent consideration, namely the current crisis in the health services particularly in public hospitals. Since the Dáil adjourned on 30 June it has become clear——

There is no need to make a speech Deputy. I am aware of the Deputy's request.

Perhaps I might explain to the House why I am seeking an adjournment debate.

That is not necessary.

It is clear that a crisis has intensified in our health services and that there are serious problems with regard to people getting into hospitals.

Please, Deputy, it is not in order to make a speech now.

I would ask the House to agree to this debate.

Having considered the matter fully I do not consider that it is one contemplated by Standing Order 30 and I cannot, therefore, grant leave to move the motion.

Last spring the Joint Committee on the Secondary Legislation of the European Communities gave a report to the Oireachtas on the question of the EC Directive on product liability. I do not want to make a speech on this but it is major legislation with major implications for legalities of production and rights of consumers. I was promised on 31 May, in a written reply, by the Minister for Industry and Commerce that this legislation would come before the House in the form of primary legislation and not regulation. I asked the Taoiseach on 8 June when this legislation would come before the House and he could not help me at that point. The Directive came into force on 31 July.

I want to facilitate the Deputy in eliciting information from the Tánaiste in respect of when these measures will be dealt with but I must insist there can be no speeches. Brief questions, please.

There is now a legal vacuum in that consumers could take actions against producers under this Directive unless a law is passed in the Houses of the Oireachtas. Can I ask the Minister for Industry and Commerce when it is proposed to bring in this legislation?

I want to confirm to the Deputy that it is being done by primary legislation. The general scheme of the Bill was approved by the Government on 14 June, and it went to the draftsman. It is in the final stages of drafting and I expect to introduce it in the current session. I would remind the Deputy and the House that only three of the 12 member states have so far enacted that legislation: the UK, Italy and Greece.

A Deputy

That is no reason for us not to do so.

If the Opposition had done some work when in office——

May I ask the Tánaiste and Minister for Foreign Affairs if during the current session he and the Government will give consideration to the establishment of an Oireachtas Joint Committee on Foreign Affairs?

We will give consideration to it but there are pros and cons in the matter. We will certainly give consideration to it.

Can I take from the Tánaiste's reply that the matter is alive, in that it went into deep refrigeration in the previous session of the Dáil? Can I take it that the Government are having another look at the idea in view of the widespread interest in this House?

We are meditating on it.

(Interruptions.)

May I ask the Tánaiste if between now and 15 November it is proposed to have a debate on Northern Ireland in the House and in particular on the review of the Anglo Irish Agreement which has to be completed by that date? Secondly, do the Government propose to make time available in the near future for a debate on the Estimates for 1989, as published yesterday, and when is that debate likely to take place?

I understand that next week will be devoted to discussion of the Estimates. That is agreed between the Whips. We are grouping the Estimates over as many days as possible next week — on, say, Tuesday and Wednesday or whatever is agreed between the Whips. On the Anglo Irish aspect——

Is the Tánaiste talking about the Estimates for 1988 or 1989?

(Interruptions.)

It is to be agreed but there is no difficulty at our end.

You may take nothing for granted.

Certainly we will consider that.

May I ask the Minister for the Environment if it is true that the report of the constituency review committee has been completed and is with the printer and that it recommends eight four seaters, five three seaters in Dublin and two, three and a four seater constituency in Cork. If this is true would he regard it as blatant political discrimination against urban areas?

(Interruptions.)

The Deputy can raise that matter at another time and in another way.

I would like to ask the Tánaiste if the Government will make time available to debate the financial crisis in the Voluntary Health Insurance. Under the 1957 Act the Minister has to give sanction to any premium increase and I would ask that this House be afforded the opportunity to debate any increase before it takes place. I ask the Tánaiste if time will be made available to debate the financial crisis in the VHI.

It just occurs to me that if the Whips agree on what I was suggesting of having next week devoted to the Estimates that might be included in the discussion on the Health Estimates. If the Whips could work that out it would help to expedite business. As regards Deputy Mac Giolla's suggestion, this Government have no intention of interfering with the prerogative of the President of the High Court.

May I ask the Minister for Defence when he expects to have the report of the inter-departmental committee which is currently looking into and examining the conditions and pay in the Army? Furthermore, would you clarify why my Private Notice Question was not allowed?

The Deputy is now questioning my ruling in that regard. I suggest the Deputy puts down a question in the ordinary way.

Let the Minister answer or is he hiding as he did throughout the summer. He is hiding from everybody.

(Interruptions.)

After the Estimates yesterday there is nothing to give anybody. Let the Minister answer.

I am calling Deputy McDowell.

(Interruptions.)

I am striving in earnest to secure order for the Deputy in possession.

In the matter of promised legislation the Minister for the Environment, Deputy Flynn, informed this House last spring that he was producing as a matter of urgency a Bill to end the scandal of compensation in planning permission cases. He said that the heads of the Bill were then drafted. He refused to show them to Members of the House although he indicated that he might. He said they would be brought in as an urgent priority. His Chief Whip has been on the radio and has——

A question Deputy, not a speech.

I am asking when this will be put before the House and when we will have time to debate it and how many more millions of pounds will be given to people in high places.

I am afraid this is developing into an argument.

In relation to legislation which has been promised on a number of occasions by the Minister for Education, that is legislation to amend the Vocational Education Act and to give greater autonomy to the RTCs, would the Tánaiste accept that, following the cuts in their budget for the RTCs announced yesterday, legislation is now of even greater urgency as it affects their capacity to earn for themselves? Why has it not been circulated as has already been promised?

We hope to have it circulated before the end of the year. It is nearly cleared.

Will it be debated in the House before the end of the session?

It will be circulated and we hope to have it debated in the House if we can make time for it before the end of the year.

Is there an adjournment debate this evening?

May I ask your permission, a Cheann Comhairle, to raise on the Adjournment the circular issued by the Minister for Education?

I will communicate with Deputy Birmingham in respect of that matter. I want to call Deputy Mervyn Taylor.

I want to ask your permission, a Cheann Comhairle, to raise on the Adjournment the matter of the disposition of lottery funds.

I will communicate with Deputy Taylor.

May I ask the Tánaiste when the promised legislation to re-establish Irish Shipping will come before the House and if it will be debated during this session?

There is no legislation as such.

The promised legislation to re-establish Irish Shipping——

(Interruptions.)

Deputy Martin Cullen.

I was Chief Whip at the time——

I have called Deputy Martin Cullen and I must ask Deputy Barrett to desist.

The legislation to re-establish Irish Shipping——

Deputy Barrett, the Chair has been on his feet for some time. Deputy Cullen.

May I ask the Minister for Industry and Commerce when he expects to have the report from the Fair Trade Commission with regard to the possible operation of a cartel in the retail sale of petrol in this country and if he will make time available in the House for a discussion on that report? Does the Minister have any idea when he will have that report?

I want to ask yourpermission, a Cheann Comhairle, to raise on the Adjournment the urgent matter of the provision of improved accident, emergency and X-ray facilities at Mallow General Hospital and also to include in that debate the Southern Health Board's capital programme——

I will communicate with the Deputy. Deputy Ruairí Quinn.

There are many questions arising from that issue at present.

The Deputy will hear from me. Deputy Quinn.

Thank you, a Cheann Comhairle, for calling me. With your permission I want to ask the Minister for the Environment when it is proposed to take the Committee Stage of the Building Control Bill which has been on the Order Paper for some time.

During this session.

It is Item No. 16 on the Order Paper.

I am aware of what number it is on the Order Paper but the Minister might be able to indicate when he proposes to take Committee Stage.

In this session.

I should like to raise on the Adjournment the very serious problem which has arisen in the fishing community in Castletownbere where an Irish fishing vessel was arrested this morning and a court detention order placed on her in Macroom Court. The vessel was supposed to be going to her home port with a cargo of herrings but because of dense fog had drifted some way——

(Interruptions.)

This may not be such a laughing stock with the people over there when the matter is finished. They will have a lot to answer for. I should like your permission, a Cheann Comhairle, to raise this very important matter on the Adjournment of the House.

I will communicate with Deputy Sheehan in respect of that matter.

This is a very important matter. This fishing vessel is presently tied up at the pier in Castletownbere and has an indefinite detention order placed on her.

Do I observe Deputy Blaney offering?

May I ask of whomsoever the information may be available as to what is being done about the rod licence dispute and if it will be sorted out before the next season starts?

That does not arise now Deputy.

It could well arise in this House if there was to be an amendment of either the regulations or the law and it is in that regard that I asked the question.

In the area of promised legislation and bearing in mind some of the recent extraordinary leaks of Cabinet papers, can the Minister for the Environment tell us whether he intends to introduce legislation to provide for a property tax during this Dáil session or during the next Dáil session?

(Interruptions.)

Is it promised?

It is promised legislation. There is published material from the Minister for the Environment and from the Minister for Finance indicating that the Government are promising to introduce a property tax. I am asking if the Government intend introducing such a tax during this Dáil session. I think that is a reasonable question.

A Deputy

They intend to abolish the local authorities, the way they are going.

Nobody wants to reply. Where is the Minister? There he is.

Yes, I am here Deputy.

It is nice to see you.

(Interruptions.)

Order. There is a number of Deputies offering. I will call Deputy John Boland first.

The Minister for the Environment indicated some months ago that he would have legislation dealing with the problem of derelict sites and dereliction published by this month. Can the Minister indicate when it is intended to introduce that legislation into the House?

In this session.

I hope to introduce that legislation during this session, as agreed.

Can the Minister indicate whether that legislation is based on my draft legislation or if it is substantially different?

(Interruptions.)

Deputy Naughten, I called you earlier.

I wish to raise on the Adjournment the lock out of workers on the Boyle-Bonet drainage scheme by the Office of Public Works.

I will communicate with Deputy Naughten.

I want to return briefly to the debate under Standing Order 30 and to express the view that I find it hard to accept——

Sorry Deputy, I have conveyed my ruling to you and you may not question that ruling in the House. Doubtless the Deputy will find other ways and means of raising that matter and of ventilating his grievance but he may not advert to it now.

I am asking you a question, a Cheann Comhairle——

No, you may not ask me a question on a matter I have ruled on. Deputy Blaney.

Surely under Standing Orders a Deputy is entitled to ask the Ceann Comhairle a question.

I have conveyed my decision to the Deputy.

I am asking you to convey to me the grounds for your decision.

There is a serious health crisis in this country and this House should be able——

Is Deputy Blaney offering? If not, I will go on to the next business.

In view of the impending review of the Extradition Act and its workings, may I ask when that can be expected to be done, where it will be done, by whom it will be done and if this House will have an opportunity of discussing any changes or lack of changes, as the case may be. In particular, I want to ask by what date it is to be done.

As the Deputy knows we are under an obligation to bring the report here for Dáil discussion in December and that will happen, if that answers the Deputy's question.

When is it required to be done?

December, I do not have the exact date but it is early December.

In view of the fact that such a report of the review will come before this House can I further ask that the Act be put in abeyance and no action taken on it until such time as——

The Deputy should raise that matter in another way.

——that discussion has taken place. It is a very reasonable question.

I want to tell the House that questions on the Order of Business cannot go on interminably. There must be some finality to them. I will take a final question. I saw Deputy Cosgrave offer and I also see Deputy Yates. Brief questions, please.

I wish to raise on the Adjournment the serious problem created by Bus Átha Cliath in withdrawing the No. 88 bus service from the Howth peninsula area and also the question of the withdrawal of bus services generally in the area.

I will communicate with the Deputy.

I wish to raise on the Adjournment the matter of the loss of 40 jobs in Enniscorthy through the closure of Buttles bacon factory.

I will communicate with the Deputy.

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