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Dáil Éireann debate -
Thursday, 30 Jan 1992

Vol. 415 No. 2

Order of Business.

It is proposed to take Nos. 2 and 12. It is also proposed that No. 2 shall be decided without debate. It is further proposed that in the debate on the motion for the general Financial Resolution the following arrangements shall apply: (1) The speech of the main spokesperson nominated by each of the groups, as defined in Standing Order 89 (1) (a), shall not exceed 40 minutes; and (2) the speech of each other Member called on shall not exceed 20 minutes.

Is the proposal that No. 2 be taken without debate agreed to? Agreed. Are the proposals for dealing with the Financial Resolution in respect of time limits thereon agreed to? Agreed.

I wish to inquire about one item that is on the Government's programme of legislation for this session but not yet published, the Electoral Bill. Could the Taoiseach indicate whether he expects that legislation to be passed before the referendum on the Maastricht Treaty and before the district council elections, if there are to be district council elections this year, as was indicated but now seems to be in doubt?

I am not too clear about what the Deputy is referring to. There is an Electoral Bill before the Seanad at the moment, is that what the Deputy has in mind?

Yes, the Bill is before the Seanad but it has yet to be taken in this House. Will that Bill be enacted before the referendum and before the district council elections?

That is very much up to your good self.

When does the Taoiseach expect the Electoral Bill to be introduced?

The matter should not lead to argument now.

May I ask the Taoiseach whether the Government intend to introduce new legislation in relation to the setting up of subregional structures in local authorities. The Taoiseach should be aware of the Barrington report on that subject, and some intimation was given that the Government were to bring in reforming legislation. Has any decision been made in that regard?

Has legislation been promised in that regard?

There are regional structures envisaged in the legislation that already exists. I do not envisage any further legislation being required.

I ask for clarification. My understanding is that legislation is required if we are to have sub-county structures.

The Deputy referred to subregional structures.

Will there be legislation in that regard before June?

That is the general intention.

What about a general absolution at this stage?

Yesterday on the Order of Business when I sought information from the Taoiseach about the Maastricht Treaty you ruled that out of order on the basis that those matters would be dealt with at Question Time. They were not dealt with at Question Time and I want to know when the debate on the Maastricht Treaty, which was promised by the Taoiseach, will be held; when it is proposed that the Government will sign the Treaty; whether the debate will be held before then; and when the White Paper will be issued. Perhaps while the Taoiseach is on his feet he could also indicate whether he proposes to make a statement to the Dáil today regarding the future of the Government and his own future in particular. There are very strong——

The Deputy is raising matters which are——

(Interruptions.)

Deputy De Rossa, the first matter you raised with regard to Maastricht, strictly speaking, is not in order. It does not relate to legislation——

A Cheann Comhairle——

——nor the other matters approved, which can be raised properly at this time. The other matter to which you refer is completely out of order.

Maastricht very much relates to legislation.

No. Deputy, please.

Could you please hear me out, a Cheann Comhairle? It is quite common practice in the House to ask the Taoiseach about debates that have been promised for the Dáil. That has been in order for as long as I can remember. A debate on Maastricht has been promised and a White Paper on Maastricht has been promised. I ask when the debate will occur and when the White Paper will issue. I understand that the Maastricht Treaty is to be signed within the next week.

The Deputy will realise that it is a matter for the Taoiseach to decide whether he wishes to reply.

Could I also ask the Taoiseach whether he could indicate whether or not he is going to be the Taoiseach tomorrow?

Please, Deputy. Deputy De Rossa seems to think that he can raise any matter whatsoever on the Order of Business.

I am very surprised that Deputy de Rossa did not avail of the long period we had on European affairs at Question Time yesterday to ask these simple questions.

I am surprised that the Taoiseach did not avail of the opportunity to give the House that information.

The Deputy seems to prefer to be disorderly on the Order of Business rather than dealing with such matters, as he should, at Question Time, but that is really a matter for yourself, a Cheann Comhairle. There is no great secret about the matter. It has been well publicised that the signing of the Treaty of Maastricht will take place on Friday, 7 February. I am astonished to have such questions come from a European Parliamentarian with the experience of Deputy De Rossa. If he was even reading the journals of the European Parliament he would know that this is a fact.

Will there be a Minister available to sign the Treaty?

Actually, it will be signed by two Ministers.

(Interruptions.)

I have informed the House several times that the White Paper is in course of preparation. It is a complex document. It will be ready as soon as possible. With regard to the debate on Maastricht, we had a debate before Maastricht, which is what I promised. There is not any reason why the House should discuss the Maastricht Treaty from time to time as things develop. As regards the last part of Deputy De Rossa's question, perhaps he and I could get together and I could advise him on how to safeguard his position.

(Interruptions.)

I am not resigning today, Deputy Haughey is.

Arising from the Taoiseach's comprehensive reply can he tell us if the document to be signed on 7 February will be the text of the agreement arrived at before Christmas in Maastricht, or will it be the legal text of the Treaty? As a result of that will the White Paper be published after the legal text has been formulated?

It will be the legal text. At the moment the jurists and lawyers are tidying up the Maastricht decision and the draft Treaty that emerged. They are putting it in final legal form. On 7 February it will be the final document.

We do not know what is being signed.

With regard to promised legislation, in the list circulated by the Government Whip's office there is a list of Bills expected to be published this session. There is not any reference in that list to any proposed amendment to the extradition legislation. In the Joint Programme for Government there is a definite undertaking that as an interim measure the Government will introduce an amendment to section 5 of the 1987 legislation. Has that proposal in the Joint Programme for Government been abandoned?

No. The legislation on extradition is in train, but there is a complication about it which involves the British side doing something in order that we can proceed with our legislation in the way we wish.

Does that difficulty apply to the interim proposal in the Programme for Government?

It applies to the extradition legislation.

Does it require legislation in Britain?

Will that happen before the British election?

Deputy Higgins has been called.

With regard to promised legislation, in view of the fact that the publication of the Green Paper on Education has been deferred three times, is the Taoiseach in a position to give us any likely time frame for the publication of an education Bill?

It is not legislation.

An education Bill is legislation. First, there is a Green Paper, then a White Paper, and that is followed by an education Bill.

Is there a positive proposal to introduce legislation?

Yes, there is a positive proposal. There is a long standing commitment.

I would inform the Deputy that a Green Paper is not a paper which necessarily involves legislation.

It was stated to be such by the Minister.

Order. This must not lead to argument. This is not Question Time.

Can the Taoiseach give any indication when the education Bill which was to come in three stages, by way of a Green Paper, a White Paper and an education Bill will be produced?

Deputy Higgins may not ignore the Chair. Deputy Howlin please.

By way of clarification, since the Bill to put new sub county tiers in place does not appear on either list of Bills expected to be published this session, will such legislation be enacted in this session of the Dáil?

I have already indicated——

The Taoiseach did not say it would be enacted during this session. I am asking for clarity. Will that Bill be enacted in good time for the local elections this year?

Nobody can ever say whether the Dáil will enact legislation. That is a matter for the Oireachtas. I would not dare presume the Oireachtas intentions in that regard. I can only bring legislation before the House, explain it and try to persuade the Dáil to accept it. I have told your party leader——

Who does not need any advice, thank you.

——who is really in charge of affairs over there——

Unlike the Taoiseach.

——that that is the general intention.

Can we take it——

The Deputy will have to be satisfied——

——as a measure of the Government's prioritising of this legislation, that it does not even appear on the list of Bills expected to be published during this session?

Please, Deputy.

Will the Government be trying to persuade the House to accept broadcasting legislation in this session?

We had no difficulty in doing that on the last occasion.

(Interruptions.)

Broadcasting legislation is an embryo at the moment.

I want to proceed to the business of the House proper. I will permit Deputy McCartan ask a final relevant question on the Order of Business.

I appreciate that other matters might be distracting the Taoiseach's attention——

Not at all.

——from business before the House, but in respect of the information he very kindly imparted to the House about difficulties with regard to extradition legislation, I suggest that the Taoiseach might look again at the Programme for Government. The promise in the programme dealt with the extension of the law to deal with offences in continental Europe. I cannot see how the difficulties with regard to the English legislation can have any effect on that. Perhaps the Taoiseach will clarify it.

The Deputy's proposal is purely argumentative.

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