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Dáil Éireann debate -
Tuesday, 10 Jul 1990

Vol. 401 No. 4

Order of Business.

It is proposed to take Nos. 8, 2, 3, 14, 9 and 15. By agreement, it is also proposed that Nos. 8 and 9 shall be taken without debate. Private Members' Business shall be No. 32, motion 56.

Is the proposal regarding items 8 and 9 agreed? Agreed.

On the Order of Business, may I ask the Taoiseach if he would arrange to make some time available this week, or perhaps next week, to allow this House consider the implications of the GATT talks going on at present and the difficulties which now appear to be arising? I would remind you, Sir, that over a period of several months, we on this side of the House have been trying to have that issue debated in the House because of the important implications for the agriculture and textile industries. I find it——

The matter to which the Deputy refers is not relevant to the Order of Business.

I am asking if time can be made available.

This is not Question Time.

I find it outrageous that the only time the public hear about these difficulties is when a person in the Cabinet or a member of the Commission goes on a radio programme——

Deputy Dukes may not proceed along those lines now.

This House has not had an opportunity to debate it. I would like to ask the Taoiseach if he would make some time available for a discussion on that issue.

It is not in order now.

There is a Private Members' motion on the Government's economic performance and the Deputy will have an opportunity to talk about it on that motion.

That is not the proper context. The issue stands on its own——

It does not arise now. I am calling Deputy Dick Spring.

——and it has far-reaching implications for trade and the economy. It has more to do with the Government's non-performance than with their performance.

May I refer to a matter which we briefly discussed last week, namely, Anglo-Irish affairs? Even though statement were made last week, I refer the Taoiseach to a request I made many months ago relating to the possibility of a private briefing for the leaders of the Opposition parties. This is all the more necessary now, given that it appears the talks about talks and arrangements have broken down——

Would that not be more appropriate for the Whips to discuss?

I take your advice but I ask the Taoiseach, again, given that we will not have an opportunity to discuss it in the House, to indicate, if he would brief the leaders of the Opposition parties on this matter.

I think the Deputy has made his point. It is strictly not in order now.

I am trying to be constructive. I think this would be of help.

May I ask the Taoiseach if he or a member of the Government will take time in the House to advise us of what progress has been made with regard to the securing of the release of Brian Keenan? This is a matter we are all concerned about and, if possible, we should be advised as early as possible of developments in that regard.

I hesitate to rule out the matter.

I have nothing particular to add to what the Deputy already knows except that we are still hoping for a satisfactory outcome. We are making appropriate preparations.

The least said the better.

I wish to raise two matters. First, I seek permission to raise on the Adjournment the failure of the Government to respond to the report of the Law Reform Commission on foreign adoptions. The second matter I seek your assistance on relates to priority questions for today. I had a letter delivered to your office which you may not have seen yet as it was only delivered a few minutes prior to the taking of the Order of Business. I sought in a priority question to ask the Minister for the Environment to explain the reason the European Environment Agency was not established during the course of the Presidency. I should say that in the past the Minister has responded to a number of questions on the European Environment Agency. I received a letter this morning stating the Minister for the Environment had transferred that question to the Minister for Foreign Affairs.

I received your communication as I was walking into the Chamber this morning——

I appreciate that.

——but I was unable to have a look at it. In any event, the matter to which you refer is outside my control. I have no control over the transfer of questions. If the Deputy requires any further elucidation, my office will be glad to assist him in the matter but it may not be raised now.

The Minister, apparently, has not objected to Question No. 64 on the Order Paper which also relates to an environmental protection agency. The only point I wish to make is that I presume no objection is being raised as there is no possibility of supplementaries arising. Is there any possibility of you using your good offices to contact, again, the office of the Minister for the Environment to ascertain whether this priority question will be reinstated before 2.30 p.m. this afternoon?

I should like to facilitate the Deputy but it has never been a function of the Chair to dabble in matters of the transfer of questions. That is essentially a matter for the Taoiseach and the Government.

The precedent——

Deputy Shatter may not proceed any further in the matter.

The Minister has answered questions about the European Environment Agency in the past.

Deputy, I have not had a chance to look at your communication. Please do me the courtesy of consulting me in my office or consult with my office in the matter.

It is too late after today.

Deputy Shatter, please desist.

I do not wish to be disorderly but if you will bear with me for a moment I will conclude. The reason I am raising this matter now is that if this question cannot be reinstated on today's Order Paper it cannot be responded to before the autumn.

I have had no chance to look at the matter. I shall look at it again and communicate with the Deputy. Deputy Quinn.

I appreciate that. The Minister appears to be hiding behind the Minister for Foreign Affairs and evading his responsibilities to this House, as he well knows. He has constantly sought publicity throughout the Presidency with regard to the European Environment Agency but he has done nothing.

On a point of information, I would like to point out that the matter was fully dealt with in my report to the Dáil on the EC Summit.

Rubbish.

The Minister announced on 24 June that the agency would be established.

Deputy Shatter is the cause of serious disorder this morning and I observe he is continuing to create disorder.

May I ask the Taoiseach, the Minister for the Environment or the Minister of State with responsibility for environmental protection or anybody on the Government benches, where is the text of the environmental protection agency legislation which has been promised repeatedly for the last six months? We know we will not have the Bill debated in this session. Will we see the text between now and the end of this week?

It is somewhere in the Green Presidency.

I have already explained to the Deputy that the Government have decided to publish the Bill during the summer recess. It is a very important and complex matter and we are anxious to bring the best possible Bill before the Oireachtas.

The Bill is obviously biodegradable.

The agency should be up and running by now.

The Deputy is engaging in a competition of bad manners in this House with his Front Bench.

Please, Deputy Shatter.

I appreciate Deputy Quinn's courtesy and good manners.

A Deputy

Does that mean you would go to Robinson's ball?

May I ask the Taoiseach if there is the possibility of a constitutional amendment to coincide with the presidential election? The Taoiseach is aware that I have been pressing for a change in relation to the bail laws. He is aware of recent cases which have indicated the absolute urgency——

It does not arise now and the Deputy is aware of that.

This is my only opportunity to encourage the Taoiseach. I did raise it with the Minister at the end of May and he gave me a half promise that the matter would be considered.

The Deputy should and could have put down a question on the matter. I am calling Deputy McCartan.

I would ask him to consider a constitutional amendment to coincide with the presidential election.

Deputy McCartan has been called and will be heard. Deputy O'Keeffe should desist.

This is a very urgent matter.

The other bit of the Government agrees with him.

I would very much like to bail out the Deputy, but I cannot at this stage.

Why not? That is a most flippant response to a very serious question.

May I ask the Minister for Industry and Commerce or the Taoiseach what arrangements will be made to circulate and make available to Members of the House the report of the Fair Trade Commission on the legal profession? It is important that every Member of the House should have a copy of that report and consider it.

It does not pertain to legislation.

It could very well.

I am calling Deputy Sherlock.

It is debated in the newspapers but we are not allowed to see a copy of it.

Deputy McCartan rose.

Deputy McCartan, I have called your colleague, Deputy Sherlock.

Last week we were advised that it would be circulated.

I would advise Deputy McCartan that the Report of Study into Restrictive Practices in the Legal Profession, referred to on page 1257 of today's Order Paper has been laid before the Dáil.

Each Deputy should get a copy.

In relation to item No. 2 on the Order of Business, I am disappointed that we have only the report of the Special Committee on the Child Care Bill, 1988, rather than the Report Stage debate on that legislation which is so urgently needed.

This House has already decided to take that matter without debate.

May I take this opportunity of extending sympathy to the families of the Ballycotton incident victims. I know an inquiry is underway but is the Taoiseach in a position to inform the House, in view of the public concern surrounding this incident, whether the public inquiry will be held shortly taking into consideration the concern of the families involved? They are anxious to know the circumstances surrounding this incident.

I think the Deputy should put down a question.

I should like some clarification in relation to item No. 8 on today's Order of Business regarding the sittings and business. It was understood by the Whips that votes in relation to Estimates would be grouped and that a vote would be taken on each Estimate at two appointed times — at 11.45 p.m. on Wednesday and 7.45 p.m. on Thursday. I notice that the motion circularised in today's Order Paper states:

where a division is demanded on an Estimate or Estimates, such division shall be taken forthwith.

May I have clarification of that issue, please?

Perhaps when I come to No. 8, I will call you again for clarification.

As it is listed to be taken without debate, I felt it would be out of order to raise it later.

I would be inclined to facilitate the Deputy on this matter. Can we have a comment on what the Deputy has said in respect of No. 8.

I understand there will be two votes at 11.45 p.m. on Wednesday and 7.45 p.m. on Thursday.

I am calling Deputy Ryan.

Can we have some clarification on the question raised, or when can we have it clarified?

I understand the agreement is that there will be two votes at 11.45 p.m. on Wednesday and 7.45 p.m. on Thursday. Perhaps the Whips could communicate——

For clarification purposes, that was the understanding but the Order of the House says that the Estimates shall be taken forthwith. For example, if you wanted a vote on the Health Estimate, if you did not call it at 9.45 p.m. it would not occur and if you called it at 9.45 p.m. it would have to be taken forthwith.

These are matters that might be decided by the Whips during the day.

We are passing an order of the House. We got into enough difficulty in recent times with orders of the House which lacked clarity. I think the time for clarity is here and now, Sir.

I sought to assist the Deputy in the matter. I can do no more.

I would like to raise two items. First, I would like to raise on the Adjournment the compensation due to Swords Community Council from the County Dublin VEC and the Department of Education for the period of occupancy for three years. Second, I would like to ask the Taoiseach, in the public interest, to set up a public inquiry into the circumstances——

Deputy Ryan may not proceed along those lines. He knows that. I presumed he was seeking my permission to raise that matter on the Adjournment. It is not in order now.

I would like to raise it on the Adjournment.

Fine, I will communicate with the Deputy. Deputy Richard Bruton is offering.

The second item I would like to raise on the Adjournment——

Order, I said I would communicate with the Deputy. Please, Deputy. The Deputy will be lucky if he gets one.

With your permission I seek to raise on the Adjournment the future position of the dental hospital whose present accommodation has been deemed defective by the fire officer and whose future has been hanging for the last 15 years with no definitive plan?

I will be in touch with the Deputy concerning that matter. I observed Deputy John Bruton was offering earlier.

I would like to ask the Taoiseach if he has considered the suggestion, in the interest of having agreement on a programme for national recovery, of having full discussions with the Irish Congress of Trade Unions in regard to No. 15, the Broadcasting Bill, before that Bill is taken in the Seanad to allow time for any amendments which Congress wish to suggest to be considered by the Government?

That is a matter that can be raised when we come to deal with that Bill at 3.45 p.m. today.

With all respect, Sir, this is a matter in regard to the ordering of the Bill, not the content. I am suggesting that the timing of the taking of this Bill should be so arranged in the two Houses of the Oireachtas as to allow discussions with the Congress of Trade Unions on the matter before the Government submit their proposals to the Seanad. I would like if the Taoiseach could, having had notice of this proposal from the last day, respond to it?

A lot of time is to be devoted to the Broadcasting Bill in this House this week.

I am particularly concerned——

I am calling Deputy Rabbitte.

May I ask the Taoiseach whether the Government, or perhaps the Minister for Labour, have any plans for helpful intervention at the present critical juncture of the discussions in the Irish Press?

It does not arise now, Deputy Rabbitte.

In November 1987 the Government were presented with the report of the salmon review group. That report recommends that legislation of a certain length of monofilament net for drift net salmon fishing. Would the Taoiseach say whether the Government have any intention of implementing the findings of that report?

The Deputy will have to put down a question on that matter. That matter has already been debated in the House in recent times at the request of the Deputy. It does not arise now.

How many of these decent people, fishermen and fishery officers will have to die because of the indolence and indifference of the Minister for the Marine?

Disgraceful.

How many more——

Please, Deputy Deasy.

It is disgraceful; the Minister is a disgrace.

The Deputy is a disgraceful opportunist.

Deputy Deasy will have to restrain himself.

He was told in this House at least six times that this would happen. Yet he has done nothing about it.

Deputy Deasy will resume his seat.

I would ask the Government to take some action in the matter.

The Deputy is totally out of order now.

(Interruptions.)

Would Deputy Deasy please restrain himself?

The Taoiseach and his Minister are a disgrace. He is a lazy, inept Minister.

Restrain yourself, Deputy Deasy.

Fishermen along our coastline do not feel like restraining themselves. They are very angry.

Deputy Deasy, there are ways and means of raising this matter; the Deputy knows that.

Some of the Minister's colleagues agree with me.

If the Deputy persists I shall have to ask him to leave the House.

With your permission, Sir, I should like to raise on the Adjournment the subject matter of Question No. 40 on last Wednesday's Order Paper.

I will communicate with the Deputy.

May I ask the Taoiseach, on the Order of Business if, over the weekend, he has pondered the plight of our farmers——

That is out of order, Deputy Boylan. The Deputy is out of order. He will please resume his seat.

May I not ask the Taoiseach whether he is prepared to discuss this matter——

Deputy Boylan will please resume his seat.

No response from a former Minister for Agriculture.

I am calling Deputy Jim Higgins.

On a matter related to what Deputy Boylan has raised, in view of the collapse of agricultural prices and their impact on farm incomes, I wish to raise on the Adjournment, with your permission, sir, the need for the Minister for Health to revise downwards the medical card guidelines which are based on an exaggerated and false notional income.

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

With your permission Sir, I should like to raise on the Adjournment the proposed take over of Halls by AIAWS and its effect on the feed importing industry for small producers.

I will communicate with Deputy O'Keeffe.

Will the Taoiseach be announcing this week the setting up of the second Commission on the Status of Women?

Very imminent.

How "very" is that; it was imminent six months ago.

In view of the fact that the matter of the legislation required to implement the recommendations of the special committee on crowd control and public safety is now before the Cabinet, is it the intention of the Cabinet to introduce legislation?

Deputy Deenihan should put down a question on the matter.

With your permission, Sir, I should like to raise on the Adjournment the subject matter of the Irish Congress of Trade Unions placing an all-out picket on the poultry industry and its serious implications for two prominent poultry processing plants in my constituency.

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

(Carlow-Kilkenny): With your permission I want to raise on the Adjournment the contents of a parliamentary question relating to the right of access for the public to Fenniscourt Lock in Carlow.

I will be in touch with the Deputy.

(Carlow-Kilkenny): The second matter is for your attention, a Cheann Comhairle. Since mens sana in corpore sano still holds true and we are facing 13 hour sessions for the next three days, would you consider, as Chairman of the Committee on Procedure and Privileges, the provision of even a mini gymnasium here so that people might remain sane——

That is a matter for the Committee on Procedure and Privileges. I would be glad if the Deputy would put down a motion on the matter for their consideration.

I am very glad to be able to inform the Deputy that that suggestion has already been put forward by Deputy Hilliard and is under consideration.

(Interruptions.)

Since the Taoiseach is an expert in political gymnastics he should have no problem with that proposal.

May I seek your permission, Sir, to raise on the Adjournment the refusal of the Department of Education to provide replacement examination papers for students who, through ill health or hospitalisation, could not sit the leaving certificate examinations when they took place.

I will communicate with the Deputy.

With your permission, Sir, I should like to raise on the Adjournment the necessity for strengthening Garda presence in the north Kildare area. There was yet another armed raid there on Friday last. It is a matter that warrants immediate attention.

I will communicate with the Deputy.

With your permission, Sir, I should like to raise on the Adjournment the subject matter of Question No. 89 of 22 May last.

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

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