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Dáil Éireann debate -
Thursday, 7 Dec 1989

Vol. 394 No. 3

Order of Business.

It is proposed to take Nos. 2, 3, 7, 8 and 9.

Referring to the Messages from the Seanad which you have just read out, Sir, could the Taoiseach give any indication now when he intends to make provision for the setting up of a foreign affairs committee?

I have nothing to say at the moment.

I sincerely hope the Taoiseach has a little more to say when he goes off in search of the golden fleece this afternoon in Strasbourg. May I ask him before he goes to Strasbourg if the Government intend to take any steps to avert the rise in interest rates?

There are matters which do not normally arise on the Order of Business.

Interest rates are not matters that should normally arise if this Government's propaganda about economic——

There are ways and means of raising such matters.

(Interruptions.)

Interest rates rise in front of Charlie.

Why does the Deputy not fall in behind?

(Interruptions.)

He is keeping his distance from me.

A Deputy

He must have the flu.

Yesterday morning on the Order of Business I tried to establish from the Taoiseach whether some of the Structural Funds which have been granted to this country from the EC will be drawn down before the end of this year. I was hoping to receive some communication from the Taoiseach during the day; I have not done so. Perhaps at this stage the Taoiseach will clarify whether any moneys have been paid out during this year.

It is totally out of order.

He has nothing to say again.

That is hardly a matter for the Order of Business.

Is the Taoiseach aware there is a work to rule by members of the Civil and Public Services Staff Union in the Department of Agriculture and Food in the payout section and that it appears that thousands of farmers——

Will Deputy Connaughton raise that matter in the appropriate way? This is not the time.

Sir, I seek your permission to raise on the Adjournment——

The farmers are——

——the failure by the Bank of Ireland to comply with section 63 of the Postal and Telecommunications Act, 1983.

It is hardly one for the Order of Business.

It is for the Adjournment.

Sorry, I will communicate with Deputy O'Sullivan.

Is the Taoiseach aware, in view of allegations made in a recent "Today Tonight" programme, that the Fianna Fáil Party promised in their election manifesto to introduce legislation to regulate the operation of pension funds and——

This clearly is not in order now.

Is the Taoiseach aware that as reported at column 2183, volume 385, of the Official Report of 16 December 1988, the Minister for Social Welfare said——

The Deputy is making a mockery of the procedure of this House.

When will the legislation be introduced? On a point of order, this question is entirely in order. I can produce the record of the House.

Is there legislation promised in this area?

I have it here in my hand. Is the Taoiseach aware that the Minister for Social Welfare said a year ago that the legislation was almost ready at that time? Why has it not been introduced?

The legislation must be promised in this House.

It was promised in the House and that is recorded at column 2183 of the Official Report of 16 December 1988 in response to a question from me to the Minister for Social Welfare. A year later the legislation has not been introduced.

The Deputy has made his point.

The under funding of pensions is scandalous. The Minister for Social Welfare has been negligent and has not protected the workers as is his statutory duty.

I am becoming more concerned about the abuse of the business of this House.

I am concerned that people are left without pension entitlements——

The Deputy has made a long speech. I must now ascertain whether this legislation is promised.

(Interruptions.)

The Taoiseach said yesterday——

I will get the record and show it to him if he wishes.

In this House yesterday the Taoiseach indicated to me that the plans for this legislation were at an advanced stage of preparation and the only question was "when"? We asked that yesterday and we got no reply. In fact, the Taoiseach seemed to have forgotten about the legislation.

It was almost ready a year ago.

I am calling Deputy Quinn.

We are entitled to an answer on this important matter.

I have no intention of participating in this disorderly behaviour.

I am calling Deputy Quinn. I shall not call Deputy Quinn a fourth time.

I want a reply.

On a point of order, Sir, I ask you to rule that this question is in order. It is a question about promised legislation.

Deputy, the Chair has sought to facilitate the House in clarifying the matter as best he could. I am calling Deputy Quinn.

(Interruptions.)

What was the clarification? What did the Taoiseach say?

I have called Deputy Quinn.

May I ask the Taoiseach——

Answer the question.

——will he be in a position, when he goes to Strasbourg this afternoon as the incoming President of the European Community, to tell his colleagues around the table that Ireland has complied with the directive on environmental impact assessment and that we will not be brought before the European Court and that the necessary documentation, including the regulations, will have been circulated?

That is hardly a question for the Order of Business.

It is in order, Sir.

That is a matter for the Chair.

I would submit to you, Sir, that on previous occasions I have asked the question when will this documentation be published. I have been assured by the Taoiseach that it will be published before the end of this session.

The Deputy will have to put down a question in respect of that matter.

A Cheann Comhairle——

Please, Deputy Quinn, the only matters the Deputy may advert to now are promised legislation in this House.

This is promised legislation.

Can I have an assurance that this is promised legislation?

I have already told——

He did not refer to legislation in his remarks.

I have already told Deputy Quinn on a number of occasions that this documentation will be produced before the end of this session.

The same Taoiseach told this House on previous occasions that other legislation will be published. This session has two weeks left to go.

A Deputy

One.

This week and next week. I simply wanted to know would it be published this week or next week.

You cannot debate the matter now.

With due respect, Sir, I was in order in asking the question.

If the Deputy had indicated there was legislation involved he did not do so.

May I ask the Taoiseach——

On a point of order, I have to say that I am very concerned that our parliamentary procedures should be in order here. I am gravely concerned at the reaction, or the non-reaction of the Taoiseach to the question raised by my colleague, Deputy Bruton.

Please, Deputy O'Keeffe.

Do I understand, Sir, that on the Order of Business it is proper to raise the question of promised legislation?

Deputy Bruton has clearly indicated that in regard to this problem legislation was promised.

I have said earlier that I have sought clarification as best I could in the matter. I can do no more. Deputy Moynihan.

On a point of order, Deputy Bruton has——

I am on my feet, Deputy O'Keeffe, you will resume your seat.

I will, of course.

I am calling Deputy Moynihan.

Sir, I want to——

Sorry, you may not argue. You may not continue to argue with me on this matter.

On a point of order, why is there no answer from the Government?

If Deputy Bruton is able to show from the record of the House——

Excuse me, Deputy Bruton and Deputy O'Keeffe.

Why will the Taoiseach not reply to this legitimate question now as to when this legislation will be produced? That is the long and short of it.

The Chair cannot compel any Member of this House to speak if he or she does not want to.

I suggest to you, Sir, that the Chair can make the point that the question from this side is in order and the rest of us can draw whatever conclusion we deem appropriate if there is no answer.

I have sought clarification of that.

Is the question in order? We do not want clarification, we want an answer to the question. I submit to you that what you should now say is that Deputy Bruton's question on promised legislation is in order. I would suggest then, if I might, that you turn to the Government for an answer. If there is no answer from the Government we will draw our own conclusions.

Let the Chair decide its own business.

I am calling Deputy Moynihan.

(Interruptions.)

Is the Taoiseach claiming that he is not responsible to this House in matters concerning legislation?

(Interruptions.)

The Taoiseach should realise that he is responsible in this House and he called an election four times and failed to get a majority on each occasion.

Please, Deputy. I am calling Deputy Moynihan.

(Interruptions.)

He should be careful to remember that what little power he has is from here.

May I ask the Taoiseach if he can indicate when it is proposed to introduce the new Transport Bill and whether it will be done in the next session?

About 1998.

Is this promised legislation?

I am not sure to what legislation the Deputy is referring.

The new Transport Bill which has been generally announced by the Minister for Tourism and Transport.

I will communicate with the Deputy and I will let him know exactly what the stage is. I thank the Deputy for his courteous question.

When is there going to be some clarification in regard to the rules of order and procedure in this House? Under certain other legislation there would be a charge of keeping a disorderly House. Think of what is happening and the attitudes of the children in the gallery to what is going on here.

A Deputy

Go back.

I wish to raise on the Adjournment the failure of the VEC to honour a decision of the Labour Court in relation to part-time teachers.

I will communicate with the Deputy.

On the subject of promised legislation, may I ask the Taoiseach if he can indicate when the Planning Compensation Bill will be next brought into this House as it was originally promised before——

That was a partitionist remark.

(Interruptions.)

Deputy Barry, there is a Deputy right behind you who is seeking to be heard. Deputy Shatter, without interruption.

Sir, I was asking the Taoiseach if he could indicate when the Planning Compensation Bill would be brought into this House as there are further threats of compensation claims to the tune of millions of pounds being made against local authorities.

It is hoped to take it next week.

Can the Taoiseach finally indicate when we will have legislation to establish the roads authority?

It is not Christmas week.

Not in this session.

On the Order of Business, a Cheann Comhairle, and in relation to promised legislation, may I ask the Taoiseach when it is proposed to introduce the promised legislation to change the law in regard to the liability of farmers and landowners for injury to trespassers, poachers and other people on their land? This matter was raised with the former Minister for Justice, Deputy Collins, and he indicated, upwards of a year ago, that the legislation would be introduced to deal with the present situation which is imposing a great burden on many farmers. Can the Taoiseach indicate the up-to-date situation in regard to that promised legislation?

Promised legislation.

I cannot give the Deputy any particular definite information about it at this stage.

A Deputy

The Taoiseach has nothing at all today.

With you permission, I would like to raise on the Adjournment the serious situation likely to arise in the port of Waterford in that Bell Transport are threatening to transfer their operations from Waterford to Belfast due to the continuous interruptions on the Dublin-Belfast rail link.

I would like to raise on the Adjournment the effects the decision of the Minister for the Environment is having on Dublin City Council in having them process all national lottery amenity grants scheme applications before 15 January 1990.

I will communicate with the Deputy. Deputy Sheehan has been offering.

With your permission, I would like to raise on the Adjournment the serious situation that has arisen in the agricultural industry by the collapse of the cattle prices and by the threat of a lean Christmas to the countless thousands of farmers in disadvantaged areas by the failure of the Department of Agriculture and Food——

I will be in touch with the Deputy concerning the matter.

——to pay the grants before Christmas.

I am calling Deputy Yates.

This is about my fifth time raising this matter.

I will be in touch with the Deputy.

In relation to the Taoiseach's deliberations over the weekend concerning the Social Charter, as there is no reference to the disabled or handicapped in it, will he give a commitment to rectify the situation?

That is hardly in order now.

On grounds of urgency it is very much in order and, therefore, I wish to raise it on the Adjournment.

I will be in touch with the Deputy concerning that matter.

Due to the unsatisfactory reply from the Minister for the Environment to Parliamentary Question No. 164 of 5 December regarding funding by his Department for the widening of the bridge at Grange Road, Baldoyle, beside the entrance to Baldoyle industrial estate, I wish to raise the matter on the Adjournment.

I will be in touch with the Deputy concerning that matter.

I wish to raise on the Adjournment the proposed new community school in Portumna where two post-primary schools were given absolute assurances a year ago from the Minister and the Department but nothing has happened.

I will communicate with the Deputy.

I wish to raise on the Adjournment the need for a new school in Swords for Fingal community college and the apparent change of policy by the Department of Education. Given the grave concern by parents and teachers——

I will communicate with the Deputy; he need not elaborate now.

I wish to raise on the Adjournment the seizure by Kildare County Council of a large collection of clothing, the property of members of the public, from a dry cleaning establishment there. This procedure was to recover payments allegedly due——

I will communicate with the Deputy.

I should like to raise on the Adjournment the serious overcrowding in Cork regional technical college and the failure of the Minister for Education to provide increased library places.

I will be in touch with the Deputy concerning that matter.

On the Order of Business, will the Taoiseach say when it is intended to introduce legislation to provide a national radiological protection agency as — 12 months ago — it was promised in the next session?

Is this promised legislation?

We hope to bring it in next session.

The Taoiseach said that 12 months ago.

This legislation was promised after the first Cabinet meeting of the Government. Will the Taoiseach's promise of introducing legislation in the next session be like the promise he made 12 months ago and, in another 12 months, will the same situation prevail?

Will the Taoiseach confirm if it is intended to provide time to debate the report of the Commission on Health Funding or whether it is intended to introduce legislation——

The Deputy should put down a question on that matter.

I seek your permission to raise on the Adjournment the problem of the 10,000 people who fail pass mathematics in the leaving certificate every year and the need to introduce a three level certification for leaving certificate mathematics.

I will communicate with the Deputy.

Once again I seek your permission to raise on the Adjournment the unprecedented and bizarre situation that exists in the Mater Hospital. I also wish to specifically draw your attention to the letter in The Irish Times by three eminent physicians from that hospital which directly contradicts the Minister's statement——

The Deputy cannot make a speech now, I will communicate with him concerning his request.

I seek clarification from you, Sir. In the course of rather heated exchanges that took place about 15 minutes ago when Deputy Currie was speaking, you may or may not have heard a remark from the Fianna Fáil benches in relation to "go back". I would like to establish your protection for all Members of this House as I was under the impression that, once elected to this House, no matter where one comes from in the country, one is a welcome Member of the House.

Deputies

Hear, hear.

The person who made the remark should have the courage to withdraw it instantly as it is an insult to democracy.

Who made the remark?

Deputy Gallagher said it.

I did not hear the remark.

If the Deputy said he did not make the remark, it should be accepted.

On a point of order, Deputy Barry suggested that I stated that Deputy Currie should go back to the North. I did not say that and I ask Deputy Barry to withdraw the remark.

If Deputy Gallagher did not use the words "go back" when Deputy Currie was speaking, of course I accept it.

Who said it?

A Deputy

He is hiding behind Deputy Gallagher.

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