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Dáil Éireann debate -
Thursday, 18 Feb 1993

Vol. 426 No. 3

Order of Business.

It is proposed to take No. 1 and on the conclusion of No. 1 to take Statement on Dáil Reform. It is also proposed, nothwithstanding anything in Standing Orders, that: No. 1 shall be decided without debate, the Dáil shall sit later than 5 p.m. today and business shall be interrupted not later than 6 p.m. and the Dáil shall meet tomorrow at 10.30 a.m. and shall adjourn not later than 4 p.m.

Is the proposal that No. 1 shall be decided without debate satisfactory? Agreed. Is the proposal in respect of today's sitting agreed? Agreed. Is the proposal in respect of tomorrow's sitting agreed. Agreed?

This year's Book of Estimates, which was published yesterday, shows spending increases of more than £500 million this over last year without any apparent improvement in service. I want to ask the Taoiseach whether there will be any arrangement for a debate on the Estimates. From my experience in this House, there has always been a debate on the annual Estimates to give Deputies an opportunity of probing behind the figures to find out what the policy decisions are and to underline the figures. It is undemocratic not to have a debate on the Estimates this year. I strongly urge the Taoiseach to allocate time, if necessary tomorrow, for a debate on the Estimates; otherwise this traditional democratic process will be further undermined.

The matter the Deputy raised can be discussed with the Whips. I hope the Government's initiative on Dáil reform will be a first step in making this House more workable, expediting its work and giving more time for scrutiny of all expenditure.

On that point, may I say——

Deputy O'Keeffe, you have made your point and the Taoiseach has replied.

Mr. O'Keeffe

I appreciate that, but may I make one comment? If using jack-boot tactics to put a Bill through the Dáil yesterday and the cancellation of the traditional debate on the Estimates is an indication of the Government's thinking on Dáil reform, all I can say is God help the future of democracy in this country.

Deputies

That is not true.

Will the Taoiseach confirm that it is not proposed to reconstitute the committee on secondary legislation of the European Communities and that the proposed foreign affairs committee will be given a mandate to deal with the question of European legislation and our involvement in the European Community?

As the Deputy is aware, it is proposed to establish four standing committees of the House, including a foreign affairs committee. I am certain there will be ample opportunity to discuss secondary legislation in that committee. In relation to budgetary and expenditure matters, the budget will be introduced next Wednesday and expenditure and revenue matters can be fully discussed in the context of the budget debate.

May I ask the Minister for Health when the regulations which will bring the provisions of the Nursing Homes Act into effect will be brought before the House, in view of the fact that St. Mary's Nursing Home in Cork is at risk——

The Deputy need not refer to any particular nursing home at this stage.

A Deputy

Is there a response?

Deputy Richard Bruton was offering.

On a point of order, the Nursing Home Act was passed last year but, as of now, no regulations to implement many of its provisions have been introduced——

Order. Has legislation been promised in this House in respect of this matter?

It makes a farce of legislation if we cannot enforce it.

It was looked for by the present Minister.

The Deputy is referring to regulations. He may pursue that matter in another way. I am calling Deputy Richard Bruton.

I seek the Chair's guidance on whether parliamentary questions which seek to elicit information about the Estimates will be permitted and answered? There has been some confusion about this in the past where such questions were disallowed on the grounds that they envisaged a debate. As you well know it is very hard to debate the Estimates if you do not have the basic information of what is contained in those Estimates.

I will take note of what the Deputy has said. It is a hypothetical matter and we will be looking at it very carefully.

There is no Estimates debate this year.

(Limerick East): In respect of ministerial responsibility, may I inquire from the Taoiseach if the Minister for Equality and Law Reform has responsibility for the travelling community's equal rights to a proper lifestyle? I put down a question asking how travellers being removed from a temporary site could be facilitated on a permanent parking site but it was ruled out of order on the grounds that the Minister had no responsibility. I do not understand how that question could be ruled out of order if the Minister has responsibity for the equal rights of travellers. What is the position in this regard?

He has no budget.

I have already outlined the position on the record of this House and I will send it to the Deputy for his perusal.

(Interruptions.)

Does the Taoiseach have the page in front of him?

(Limerick-East): My interpretation of the Minister's role was that he would have a specific mandate for the weaker sections of society and that the travelling community must be near the top of that list. I fail to understand how a question about the travelling community's right to live on a parking site could be ruled out of order and the Minister would not reply to it.

This is a different matter. I call Deputy Quill.

In relation to promised legislation, may I again ask the Taoiseach when the long awaited and long overdue juvenile justice Bill will be introduced in the Dáil?

It is in the course of preparation and it will be brought forward as soon as possible.

In this session?

It is unlikely to be ready for this session.

This is most disappointing. It is very serious.

With regard to promised legislation, may I ask the Taoiseach the position in relation to the family home legislation which was promised in January 1992 as a matter of urgency by the then Minister in response to a Supreme Court decision of December 1991? When will we see the Bill — I think it is to be entitled the matrimonial home Bill — in this House? The lack of legislation in this area is causing major problems on the ground, particularly for the spouse working at home. May I also ask the Taoiseach whether it is intended to proceed with the Milk (Regulation of Supply) Bill which has been making tortuous progress in the Seanad for a couple of years now? Will that Bill be brought before this House or has the Taoiseach other plans in that regard?

In relation to the second part of the Deputy's question, discussions are taking place in that regard. The family home legislation is well advanced and it is expected to be brought before the House during this session.

In view of the commitment in the Programme for a Partnership Government to introduce legislation in 1993 to bring our laws into conformity with the European Convention on Human Rights, when does the Taoiseach intend to introduce a Bill to decriminalise homosexuality? I note that it was not included in the list of Bills the Taoiseach intends to cover in this Dáil session as mentioned in the media yesterday.

Work is proceeding on that Bill in the Department of Justice and it will be brought forward as soon as possible.

Has it risen on the Taoiseach's priority list?

It is on the way up.

It is about the only thing that is on the way up over there.

A week ago I asked the Taoiseach the revised date for the publication of the White Paper on education but he did not have the information. In the meantime has he established when it is proposed to publish the White Paper, which is a necessary precursor to the education Bill?

I will communicate with the Deputy on that matter.

I wish to ask two questions. What action has the Taoiseach or one of his Ministers taken to resolve the ongoing audio typist dispute? The Dáil reports are not being printed because the transcripts are not being made available. This strike is causing a lot of inconvenience, and it has to be settled some time.

I made a statement to the House on this matter some days ago. I indicated that I will keep Deputies informed. I am still hopeful of an amicable settlement and I do not wish to say anything now that would aggravate what is obviously a delicate situation.

May I offer some assistance?

I would welcome assistance from any quarter.

I sincerely hope that the matter will be resolved as quickly as possible. This is the first dispute of this kind I have come across during my many years in the House.

My second question arises from the statement made yesterday by Commissioner Steichen about the application by the Irish Government for assistance for seed potatoes. I understand that the information given to the European Parliament was that no money was being made available. Would the Taoiseach or the Minister for Agriculture, Food and Forestry clarify the position? This is causing a lot of concern——

Deputy Harte, you will have to pursue the matter in another way.

I am sure the Minister would like to respond——

I call Deputy Durkan.

In deference to people who are going bankrupt in Donegal——

This matter is not appropriate to the Order of Business, you will have to pursue it in another way, and there are many avenues open to you for that purpose.

Of course there are many ways but this is my way of doing it.

You will resume your seat and allow the business of the House to continue. Deputy Durkan.

A Cheann Comhairle——

You will now resume your seat or leave the House.

I wish——

You will leave the House if you persist in showing disregard for the ruling of the Chair.

I am not showing disregard.

I am exercising my democratic right.

Deputy Harte will now resume his seat.

Why should——

Deputy Harte must now leave the House.

Why should——

If the Deputy does not leave the House now I shall have to name him.

Why should the Minister for Agriculture, Food and Forestry not be responsible? I will be looking at how the Donegal Deputies on the Government benches vote on this issue.

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