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Dáil Éireann debate -
Tuesday, 25 Feb 1992

Vol. 416 No. 2

Order of Business.

It is proposed to take Nos. 2, 13, 4 and 14. It is also proposed that No. 2 shall be taken without debate. Private Members' Business shall be No. 36, Motion 49.

Is the proposal that No. 2 shall be taken without debate satisfactory? Agreed? Agreed.

I understand that a statement purporting to emanate from a Government source has appeared in the media outside this House to the effect that the Government have decided not to have the elections for district councils this year. Has the Taoiseach any plans to introduce legislation to provide for district councils, and if so, will they permit elections taking place this year?

The matter referred to is hardly related to the Order of Business.

Deputies

It is promised legislation.

Deputies, please, I must dissuade Members from the notion that they may raise virtually anything they like on the Order of Business.

(Interruptions.)

Deputy Spring.

I will take note of that direction, a Cheann Comhairle.

You are trying to dissuade us from raising anything on the Order of Business, is that it?

On a point of order, Deputy Bruton.

I respectfully submit that the establishment of district councils has been promised by the Government and that their establishment requires legislation. Therefore, this question is entirely in order at this time of the day. I respectfully request the Chair to allow the Taoiseach to answer this legitimate and orderly question.

Will the Deputy please indicate the legislation governing the matter he raised?

It was answered in the House last week.

The legislation is promised.

(Interruptions.)

On a point of order.

There is a Question Time in this House.

Is there an answer time?

This is in order. The former Taoiseach and the Tánaiste assured this House that there would be legislation and that there would be district council elections in June of this year.

Let us clarify it. Is this the position?

The legislation is not promised. I am not aware of any such report referred to by Deputy Bruton.

Deputy Spring has been called.

What about the legislation?

In relation to two matters mentioned in the House previously, could the Taoiseach now indicate if there is a publication date for the White Paper on Maastricht and when the much publicised and much promised Green Paper on Education will be published by the present Minister for Education as promised by the two previous Ministers for Education?

The Green Paper on Education is before the Government for consideration. The edition about which the Deputy was reading today is about six months old and parts of it are out of date.

(Interruptions.)

The Green Paper will be published——

That is not fair to Mary.

There was a leak by the Cabinet in exile.

(Interruptions.)

It will be published when the Government have concluded their considerations in the very near future.

(Interruptions.)

There was a furniture removals van at the Department of Education rather than a white Hiace van.

The work on the White Paper in relation to the referendum on the Maastricht Treaty has been finalised by the Department of Foreign Affairs and will be circulated today or tomorrow to the various Government Departments for consideration.

Did Sinéad O'Connor approve it? You will have to show it to her anyway.

(Interruptions).

I had called Deputy Shatter but I will call Deputy Mac Giolla next.

Is it the intention of the Taoiseach and his new Government to withdraw the protocol to the Maastricht Treaty in regard to Article 40.3.3º which was imposed by the previous Government?

That is worthy of a question, Deputy, rather than raising it now.

We are going to have all the details of the Maastricht Treaty and we will have a referendum in a couple of months time. The Taoiseach should tell the House whether this protocol will still be in the Maastricht Treaty.

It should be dealt with in another way.

I did not hear the final part of the Taoiseach's reply with regard to when a debate on Maastricht will be held in the House.

As soon as the Government have concluded their deliberations on the White Paper.

Will it be weeks rather than months?

With regard to the family home Bill which has been promised in the Government's programme, when is it proposed to take that in the House?

It will be published this session.

In relation to the Government's legislative programme, will the Taoiseach give urgent consideration to introducing legislation to amend the Punishment of Incest Act, 1908, due to the enormous public concern that has arisen out of a court case which was determined in Waterford Circuit Court last week?

These matters have been tabled in a variety of ways in the House.

I am working in the context of the legislative programme.

This is not in order now.

Would the Taoiseach ask his Minister to address the issue?

With regard to the Programme for Government and promised legislation, when will the legislation dealing with the abolition of remaining domestic ground rents be published? In anticipation that I will be told the matter is in the early stages of preparation, I invite the Taoiseach to consider publishing a fresh section on the Programme for Government with regard to law reform. In the last week I have asked the Taoiseach about each of the various legislative proposals in the programme and none of the legislative proposals seems to have got beyond the early stages of consideration. Can we get any indication when any of this programme is to be introduced by way of legislation into the House?

With regard to the first part of the Deputy's question, that legislation is in the course of preparation. I will communicate with the Deputy and will give him the up to date position on the other matters he raised.

In other words, the Taoiseach does not know.

On what basis does the Chair call Members of the House who are not even Members of an official grouping in the House, when Members in a party with 55 Deputies have to rise several times before they get any recognition from the Chair? I protest very strongly about your treatment of the Members of these benches.

I thought that you, Deputy Mitchell, were rising on a matter of some importance——

I am rising on a matter of importance.

The Chair does his best in these matters and tries to be fair and impartial. The Chair resents deeply the implication in the Deputy's statement.

I submit that it is a matter of importance.

The Deputy may not rise and reflect upon the Chair and then say he wishes to raise the matter——

I will not have my rights mitigated by you, Sir. This has gone on for far too long.

That is an insult, Deputy Mitchell——

There are 55 Members on these benches——

——which I will not tolerate. Deputy Mitchell will withdraw those reflections on the Chair or leave the House.

I will withdraw my remark reflecting on the Chair but I have made my protest and I hope the Chair takes note.

I am surprised at the Deputy.

A Cheann Comhairle, I am surprised at you. I have sat here time out of number and it is as——

There are many Members in this House and I called the Deputy earlier in respect of questions.

I had an earlier question and was called on that question.

May I say in support of my colleague that as one of that party of 55 Members——

——we will not put up with it for much longer——

——I also sometimes wonder at the basis in which due precedence is not given to a group of 55 as opposed to smaller groups of six or seven Members.

If Deputies are sincere in this matter, they should raise it in another place. I now call Deputy Therese Ahearn.

I assure you that we are, Sir.

We will not put up with the situation for much longer. I am putting you on notice Sir.

Deputy, do not threaten me. I will not bow to threats or intimidation of any kind.

I have rights in this House; I am not subject to any other Member of this House.

In view of the imminent publication of the Green Paper on Education, when can we expect the White Paper on manpower policy to be published?

White Papers and legislation are two different things.

May I ask the Taoiseach about published legislation? Have the Cabinet yet considered the view of the new Minister for Health on the family planning legislation——

I call Deputy Cotter.

It is on the list. This is promised legislation.

As the question deals with legislation, that is in order but personalities should not come into it.

It is tricky.

Larry Cunningham will be asked about that.

It is a legitimate question on promised legislation. The legislation has been published and has been circulated in the House. May I ask the Taoiseach if the Cabinet have considered the views of the new Minister for Health on that Bill?

When do the Government propose to activate the Child Care Act?

I understand that question was asked this week; the legislation is progressing very satisfactorily.

That is hardly a satisfactory answer.

There are large numbers of Members rising now.

May I ask the Taoiseach when even one section of the legislation will be activated?

One section is already in place and the rest——

(Interruptions.)

What about the other 55 sections?

If people do not wish to listen——

May I ask about the millions of pounds that have been set aside?

May I endorse the concern we all share at the slowness of the enactment of the Child Care Act, especially those who worked so hard in the Special Committee to put it on the Statute Book? May I ask about a matter that is raised virtually every week? In view of the 25,000 people who are homeless and seeking local authority houses when will the Housing Bill be brought before the Dáil?

We expect to introduce it this session.

That was said last session and the session before.

In the knowledge that the previous two Dáils fell when this matter was raised, may I ask the Taoiseach when he will allow the Leas-Cheann Comhairle to set up a joint committee to consider the Altamont (Amendment of Deed of Trust) Bill, 1990? It is on the Order Paper.

May I suggest that the Whips discuss this matter among themselves?

May I ask the Taoiseach how the Government and the new Minister for Justice are progressing with the White Paper on marital breakdown? Can I take it that the proposed publication date of February will now slip by?

Do we have a Minister for Justice?

That is not relevant on the Order of Business——

The Minister for Foreign Affairs seems to be doing it all.

The Deputy will know all about that before his next birthday.

It is coming very soon.

We have that on the file as well.

I understood that earlier the Chair had accepted questions on White Papers and Green Papers in other areas and I think this could be allowed.

The others dealt with legislation.

May I ask the Minister for the Environment when the local authorities will be notified of the road grant allocation for 1992? If this does not happen soon the year will be almost gone——

A Deputy

Break the ice, Minister.

Ask the former Minister for the Environment. He knows more about that than he does about justice.

Could we settle down and get on with the business as ordered.

Mr. Cotter rose.

Has the Deputy a question on promised legislation?

Yes. The Taoiseach gave me a very unsatisfactory answer before you came into the House and I want to ask him again about the Child Care Act.

The Chair cannot accept or reject what the Deputy might regard as satisfactory or unsatisfactory, but is only concerned about getting on with the business ordered.

For some time I have tried to raise a matter which is very much part of the Government programme, that is, the establishment of national consultative councils to advise on the progress and implementation of rural development policy. Will the Taoiseach ask the Minister to make a statement on that?

Is there specific legislation promised on that matter?

It is part of the Programme for Government and it is a very urgent matter.

I am afraid that an omnibus programme does not presuppose questions on promised legislation.

Could the Taoiseach be more specific about the state of play of the Housing Bill? We have been told for some time that the Housing Bill is coming but it has been coming since this time last year. I understood the Bill was to be circulated before Christmas or certainly over the Christmas recess; that was a specific promise. Can the Taoiseach indicate when the Bill will be circulated or if it is being prepared at all?

I expect the text to be resubmitted to Government very shortly.

Following a question I put to him, the Taoiseach agreed last week to look at the possibility of having a debate on the forthcoming world summit on the environment which will take place in Rio de Janeiro in June and which will deal with the very important issue of global warming. Would the Taoiseach agree in advance of the debate to make available to Members the Government submission to the summit so that they will be able to contribute knowledgeably on this important topic?

This could be arranged privately between the Whips.

May I publicly acknowledge our gratitude at the willingness of the Government to have such a debate? In view of the fact that the Taoiseach has been forthcoming, I ask that he agree also to make the submission available to other Deputies so that we can have a good debate.

I will consider the Deputy's request.

Given the public outcry and demand for the protection of young children, particularly young girls, will the Taoiseach say when the important regulations which are not as yet in force under the Child Care Act will be enforced?

Work is proceeding on drawing up regulations in consultation with many voluntary organisations and I am sure the Deputy will appreciate what is happening.

Regarding the promised legislation on the Comptroller and Auditor General, will the Taoiseach publish the legislation early in this session so that the House may come to terms with it?

I understand that work is practically completed by the parliamentary draftsman and that it will come to Government shortly.

Will the Taoiseach or the Minister for Finance say when it is proposed to publish the Finance Bill and if it will contain any changes to accommodate representations made since the Budget Statement?

The date has not yet been finalished but it will be towards the end of April, after Easter.

And there will be no significant changes, no concessions?

It has not been decided as yet.

The last cannon across the bow, Deputy P. J. Sheehan.

I would like to ask the Taoiseach when the procedure was changed in this House to enable two Ministers, the Minister for the Environment and the Minister for Justice, to refuse to answer a simple question regarding the introduction of a one-way traffic system in Skibbereen. Why are the Ministers afraid to give an answer? The people of Skibbereen will give an answer in their referendum on 29 February. The new regulations are to be introduced in the town on 1 March. Why are the Ministers afraid to postpone the introduction until such time as the democratic voice of the people of Skibbereen and its hinterland is heard?

(Interruptions.)

Ask Deputy Currie.

That matter is not in order on the Order of Business.

I have exhausted every avenue in trying to raise this important question in the House. I am asking the Taoiseach to clarify why the Ministers refused to take the questions.

Deputy Sheehan cannot select the Order of Business as an opportune time to give vent to his rage about anything. It is not in order.

The Taoiseach was about to speak.

If the Taoiseach is responding to the Deputy's beguiling, the Chair is not. It is not in order.

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