Michael Noonan
Question:18 Mr. Noonan (Limerick East) asked the Taoiseach which Ministers or Ministers of State have responsibility for RTE and the independent broadcasting sector; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Ministers' of State Responsibilities.
Alan Shatter
Question:19 Mr. Shatter asked the Taoiseach the name of the Minister responsible for child care legislation and for the implementation of proposals in this area contained in the Programme for a Partnership Government 1993-1997.
Alan Shatter
Question:20 Mr. Shatter asked the Taoiseach the name of the Minister responsible for the development of the interpretative centre at Mullaghmore, in the Burren, County Clare.
Alan Shatter
Question:21 Mr. Shatter asked the Taoiseach the name of the Minister responsible for introducing legislation in 1993 to ensure that our laws conform with the European Convention on Human Rights; and if he will give details of the legislation which it is proposed to introduce.
Alan Shatter
Question:22 Mr. Shatter asked the Taoiseach the name of the Minister responsible for the introduction of legislation to regulate the position arising from the X case; and when this legislation will be brought before Dáil Éireann.
Desmond J. O'Malley
Question:23 Mr. O'Malley asked the Taoiseach if he will specify the exact delineation of responsibilities between the Minister for Equality and Law Reform and the Minister for Justice.
Desmond J. O'Malley
Question:24 Mr. O'Malley asked the Taoiseach the responsibility the Minister for Arts, Culture and the Gaeltacht has for the construction and planning of interpretative centres; and whether any responsibility has been assigned to that Minister in relation to national parks.
I propose to take Questions Nos. 18 to 24, inclusive, together. Details of the transfer of broadcasting policy functions to the Minister for Arts, Culture and the Gaeltacht are contained in the Broadcasting (Transfer of Departmental Administration and Ministerial Functions) Order, 1993, which was laid before both Houses of the Oireachtas on 20 January last.
The statutory ministerial functions relating to Radio Telefís Éireann and the Independent Radio and Television Commission laid down in the Broadcasting Authority Acts, 1960 to 1979, the Radio and Television Act, 1988, and other broadcasting legislation have been transferred to the Minister for Arts, Culture and the Gaeltacht, except those functions relating to the assignment of broadcasting frequencies and the licensing of broadcasting transmitters and other apparatus for wireless telegraphy incidental to the purposes of broadcasting. These latter functions remain the statutory responsibility of the Minister for Transport, Energy and Communications.
The main responsibility for the Child Care Act, 1991, and for the implementation of proposals in this area contained in the Programme for a Partnership Government rests with the Minister for Health, Deputy Howlin. Responsibility in relation to services for homeless children under the legislation has been delegated to the Minister of State at the Department of Health, Deputy O'Dea. The necessary delegation of functions order was made by the Government on 3 February last and laid before both Houses of the Oireachtas on the following day.
The Minister for Arts, Culture and the Gaeltacht has been assigned responsibility for the formulation and development of future policy in relation to inland waterways, national parks and wildlife, national monuments and historic properties.
The Commissioners of Public Works shall continue to exercise their day-to-day functions in those areas in accordance with policy decisions by the Minister for Arts, Culture and the Gaeltacht, setting out his priority areas and proposed implementation targets. To assist that Minister in exercising his policy functions the Commissioners shall report to him annually in relation to developments and their attainment of targets in these areas and shall furnish such information as the Minister may require from time to time for that purpose.
The contract for the visitor centre for the Burren National Park was placed by the Commissioners of Public Works in 1992. Under the Ministers and Secretaries Act, 1924, the Commissioners are responsible to the Minister for Finance.
The Programme for a Partnership Government contains a commitment to introduce legislation in 1993 to bring Irish law into conformity with the European Convention on Human Rights. Ministers will have responsibility for introducing legislation in their own areas.
The Minister for Justice will introduce legislation to reform our laws on homosexuality to give effect to the decision of the European Court of Human Rights in the Norris case.
The Programme for a Partnership Government, in the chapter dealing with social justice and a compassionate society, includes a commitment that legislation will be introduced in 1993 on foot of the Green Paper on Mental Health, to reform the mental health services and update the Mental Treatment Act, 1945. This legislation will bring our mental treatment law into conformity with the European Convention on Human Rights. The Minister for Health will introduce this legislation. Other Ministers will also examine the Convention in order to establish what, if any, legislative changes are necessary.
The Minister for Health, Deputy Howlin, will be responsible for preparing legislative proposals to regulate the position arising from the Supreme Court decision in the X case and will submit these for the Government's consideration in due course. The areas to be covered are very complex, and the Programme for a Partnership Government made it clear that the legislation would recognise the sensitivity of the issue throughout the community. In view of the complexity of the issues involved, I do not propose to set a specific timescale for the introduction of this legislation.
The delineation between the Minister for Equality and Law Reform and the Minister for Jutice is set out in the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993, which was laid before both Houses of the Oireachtas on 4 February last.
Under the provisions of the Order, the Minister for Equality and Law Reform will be responsible for the functions previously exercised by the Minister for Justice in relation to civil law reform, civil legal aid and the family mediation service.
The Minister for Justice will continue to be responsible for criminal law reform and legislation arising in areas of administrative responsibility of her Department.
The time available for dealing with Oral Questions is quite exhausted and, strictly speaking, we should now proceed to deal with Priority Questions. However, I will entertain a very brief supplementary question from the Deputies concerned, Deputies Noonan, Shatter and O'Malley.
(Limerick East): I thank the Taoiseach for his reply. It seems that the Minister, Deputy Higgins, will be responsible for high cultural matters and the Minister, Deputy Cowen, will be more or less the maintenance man. Will the Taoiseach clarify which of the two Ministers, Deputy Higgins or Deputy Cowen, would have responsibility for revoking the order which renewed section 31 in the first week of January if it were in the mind of the Government to revoke the order or, alternatively, which Minister would have responsibility for the renewal of section 31 in January 1994 if it were the intention of the Government to renew the order?
Let me have brevity from both sides of the House. We are in violation of Standing Orders if we do not dispose of the Priority Questions.
The Minister for Arts, Culture and the Gaeltacht. The order was renewed on 6 January by the interim Government. There were no stated objections or contrary motions laid before the House in relation to any debate on it. The order will come up for renewal in January 1994.
The poisoned chalice.
The order was renewed.
(Limerick East): Scrum half on the Irish team.
Will the Taoiseach confirm that the Minister for Arts, Culture and the Gaeltacht clearly has no function that he can exercise in relation to Mullaghmore and that the particular development that is taking place falls under the aegis of the Office of Public Works and the direction of the Minister for Finance? Can the Taoiseach also say whether that project is continuing or being discontinued, in the light of the public confusion that has arisen because of the internal wrangling by members of Government on that issue.
In respect of matters relating to Mullaghmore I need hardly advise the House that a High Court decision is awaited in this matter.
As usual, Deputy Shatter tries to be as facetious as possible in trying to misunderstand what I said. I made it quite clear where the responsibilities lie. Future policy will be determined by the Minister for Arts, Culture and the Gaeltacht and indeed the procedures to be exercised are laid down in passing the policy areas over to him. The Deputy should appreciate that the Office of Public Works is a unit that works in the most efficient way to manage parks and wildlife in particular areas. Future policy will have to be carried out in accordance with the policy directives from the Minister for Arts, Culture and the Gaeltacht. He will determine policy in future in relation to all those areas.
In future. What about now?
A final question from Deputy O'Malley.
In view of the fact that the Minister for Arts, Culture and the Gaeltacht is responsible for future policy I take it that he is responsible for what will happen from this moment onwards in Mullaghmore. Will he, through the Taoiseach or otherwise, give the House an assurance now that nothing further will happen in Mullaghmore and that no further despoiling of the Burren will take place, in view of his responsibility for policy in this matter.
Stop it now.
It amazes me to hear Deputy O'Malley because there was an acceptance in the last Government of the position as it was then and as it remained for quite some time.
What about confidentiality?
Others may not have been listening to what I was saying. The contract for the visitors centre for the Burren national park was placed by the Commissioners of Public Works in 1992. Under the Ministers and Secretaries Act, the day-to-day management of that is within the overall responsibility of the Minister for Finance.
So it is going ahead?
As the Ceann Comhairle said, the matter is subject to a High Court case and we will leave it at that.
I will now deal with Priority Questions addressed to the Tánaiste and Minister for Foreign Affairs. Question No. 73 in the name of Deputy Jim O'Keeffe.