Vol. 429 No. 5
6 Mr. J. Bruton asked the Minister for Tourism and Trade the action, if any, he proposes to take to deal with the situation wherein 66 of the 140 EC internal market measures applicable to Ireland have not yet been implemented into Irish law.
11 Mr. Crowley asked the Minister for Tourism and Trade the action, if any, he proposes to take to deal with the situation wherein 66 of the 140 EC internal market measures applicable to Ireland have not yet been implemented into Irish law.
17 Mr. Currie asked the Minister for Tourism and Trade the action, if any, he proposes to take to deal with the situation wherein 66 of the 140 EC internal market measures applicable to Ireland have not yet been implemented into Irish law.
20 Mrs. Owen asked the Minister for Tourism and Trade the action, if any, he proposes to take to deal with the situation wherein 66 of the 140 EC internal market measures applicable to Ireland have not yet been implemented into Irish law.
22 Mrs. Doyle asked the Minister for Tourism and Trade the action, if any, he proposes to take to deal with the situation wherein 66 of the 140 EC internal market measures applicable to Ireland have not yet been implemented into Irish law.
I propose to take Questions Nos. 6, 11, 17, 20 and 22 together.
There are 49 internal market measures overdue for implementation into Irish law.
My Department has overall responsibility for monitoring progress on the Internal Market programme and is vigorously pursuing the matter of implementation with the responsible Departments.
I am concerned that implementation is not taking place as promptly as it should and have brought the present unsatisfactory state of affairs to the attention of the Government. My objective now is to ensure that all that can be done will be done to bring about a significant improvement. I will continue to monitor the situation.
May I ask the Minister why this delay has occurred? Is it that officials of the various Departments do not regard compliance with this requirement as of a high priority, that it takes second place to other work, or is it that there are inadequate resources available in the parliamentary draftsman's office, or what is the reason?
I am concerned that we have moved to the bottom portion of the league table in the implementation of measures. I have brought this to the attention of Government. There are a number of Departments involved. It is a matter to which the Government has devoted some attention. I can say that Departments are being actively encouraged, on foot of the discussions that took place at Government, to have these matters corrected. I concede it is unsatisfactory that we have moved from a fairly high position on the league table to second last, depending on which figures one uses. I reiterate that it is a matter of concern to me. It would be my hope that in coming months we will be able to address this matter.
Would the Minister not agree that, to some extent at least, Ireland, as the largest net beneficiary in per capita terms of EC funds, has its case for continuing to receive additional amounts of such funds, undermined in part by latitude on the part of officials of Government Departments, and indeed Ministers, in complying with EC rules? Would he agree that to some extent he will be exposed to a measure of ridicule at European level if on the one hand he goes to Brussels looking for money and at the same time has to report that he, his colleagues and their officials are slow in implementing EC rules?
I hope to have this position improved in the near future. Yes, I admit that it is very unsatisfactory. We like to be able to say to our European colleagues that in all areas we have operated within the spirit and letter of the law. It would be my hope that this position would be redressed in coming months. I might add that there are various reasons for it relating to different Departments — Deputy Bruton will know this from his experience in Government — that perhaps some Departments may not have taken this matter as seriously as others. As a result of this matter having been given attention by Government, in coming months all Departments should be in a position to ensure that we are reinstated to our proper place on the league table.
May I ask the Minister whether there have been any constitutional difficulties encountered in implementing some of these measures and, if so, what plans he has to deal with them?
Prior to the decision of the High Court last week there had been no constitutional difficulties encountered in this regard but there were others encountered, mainly in the drafting of regulations. In regard to the decision of the High Court last week, as the Taoiseach announced in the House recently, that decision is being appealed to the Supreme Court. We cannot anticipate the decision of the Supreme Court but, if the High Court decision is upheld, it would mean a considerable body of legislation would have to be introduced in the House to repeal many measures which have been implemented by way of regulation over the past 20 years or so.
To what degree does the Minister think the change in the definition of ministerial functions in recent times may have helped cloud the agenda? In regard to the implementation of these EC directives as they impact on several different Government Departments, would he say who is responsible or has the overall co-ordinating function to ensure these directives are implemented?
The answer is no — the changed responsibility within departmental functions has not had any effect at all on the implementation of these measures. It would not be fair to take such a view. As Minister in charge of the internal market, it is the responsibility of my Department to pursue the implementation of these regulations by other Departments. As Deputy John Bruton will know, it is the responsibility of each individual Department to put in train the regulations relating to its specific area of responsibility. I am responsible for the operations of the Single Market and must report thereon to the Government, but thereafter each individual Minister has responsibility.
Would the Minister agree it is something of a contradiction that the Government has appointed a person to co-ordinate the disbursement of Structural Funds, that is the Minister of State at the Department of Finance, Deputy Eithne Fitzgerald; yet nobody has been given responsibility for the co-ordination of EC regulations or to ensure their implementation? Could the Minister give the House an approximate time-scale within which these regulations will be implemented?
Many of these regulations which go to the bottom of the list relate to one Department.
Which one? Would the Minister name the guilty Department?
The Department of Agriculture and Food. I am the Minister responsible for monitoring progress of implementation of the Single Market. But each individual Department must bring in regulations relating to its area of responsibility, just as any Bill that comes before Government will be the responsibility of the appropriate Minister. The problems relate to very many of these areas; some were mentioned by Deputy Bruton. For example, many measures in some areas need to be translated into regulations. There would be no purpose whatever in having somebody merely to co-ordinate them. It is somewhat like any Bill or regulation: it must be produced by the relevant Department, sent to the parliamentary draftsman's office and then introduced in the House. Therefore, to have somebody standing on top of a barrel saying "I am co-ordinating all of this" would not make any difference whatsoever. My Department tries to exert pressure on individual Departments to go ahead and implement the particular measures appertaining to their area of responsibility. It would be my hope that within a few months we would have a more satisfactory position obtaining.
It is good to note that the Minister acknowledges there has been tardiness on our part in the spirit of dismantling European boundaries and so on. Would the Minister not agree that many of these directives have a considerable impact on the commercial life of this nation and its various sectoral interests? Furthermore, would he not agree that all of these directives should be placed before a special committee of the House, before one of the new committees or a subcommittee of one of the new committees, so that their impact can be fully diagnosed, debated and realised? Second, would he agree that it is essential also to keep a sharp eye on our performance in relation to the discharge of our duties in taking them on board?
In relation to the Deputy's suggestion that these directives should be dealt with by a committee of the House, I do not think Deputies would be too pleased as some of them deal with, for example, ovine and caprine species, molluscs — whatever they may be——
They are shellfish.
The Minister is not into fish.
Anybody who is in Fianna Fáil should be familiar with the sort of lice that exist in a stagnant pond.
Let us hear the Minister without interruption.
Some of these matters are very technical. For example, EC Directive No. 88/407 deals with imports of frozen semen, bovine animals, while EC Directive No. 90/429 deals with imports of frozen semen, porcine animals. These matters would not excite a special committee of the House. Other matters covered include electro medical implantibles, decorative plants, pesticide residues and so on.
Very uplifting.
I am sure these would not excite the Members of the House or the Irish people.
Every house should have one.
Many of them do not have great significance for Ireland.
Why not pass them?
It is a question of drawing up the appropriate regulations but I would not like to give the impression that anything is at risk. These are minor matters which would be of interest only to specialists. They are included on the list of the 49 regulations which have not been implemented. If the party opposite wishes to table a motion to have a special committee established to consider these matters I am sure it will be considered.
One of the Dáil committees?
Given the exciting nature of the matters to which the Minister referred could he indicate, having regard to the Government's legislative performance to date, how long it would take to process those items should it be necessary to introduce separate legislation?
The Deputy has raised an interesting point. Most of these directives — this procedure has been followed during the past 20 years — will be implemented by way of regulations which will be drawn up by the parliamentary draftsman. This will take some time and I cannot give definite dates for their introduction but should it be necessary to introduce separate Bills for each directive the Order Paper would be clogged up. In addition, if it proves necessary to bring a separate Bill before the House in respect of each of the 400 to 500 directives which have been implemented during the past 20 years as a result of the High Court decision, there will be considerable congestion in the Dáil timetable.
In the twenties when we had a tiny Civil Service this House was able to pass more legislation than it has passed in any ten year period since. The problem is not the availability of technical advice but the political will to act; Ministers are unable to ensure that their officials comply with requirements in this matter. This is not a minor issue, the Irish business organisations have expressed grave concern at the fact that this delay has given Ireland a bad reputation internationally and is preventing normal import and export business. Would the Minister agree that a decision should be taken by him to employ some of the barristers who are not earning large fees and are under-employed in the Law Library at present — there are many such barristers — in the parliamentary draftsman's office to draft these regulations and have the job done within six months at the most so that he will not have to come back into the House in six months time to make the same lame excuses that he has made during the past ten minutes?
This is tending towards debate.
I have great respect for the people who worked in the Civil Service in the twenties and I am sure they were able to do many things that we are not able to do. In regard to the question of whether barristers and people with legal expertise should be employed in the parliamentary draftsman's office, that is not a matter for me. However, I would be more than happy if these matters could be brought to a conclusion as soon as possible to free the logjam. As the Deputy is aware, reference is made in the Moriarty recommendations to the legislative process. The Cabinet subcommittee, of which I am a member, which is examining the Culliton report will deal with this matter. As the Deputy is aware, it can take a long time to get legislation through the system, from its gestation period to the time it completes its passage through the House. This is unsatisfactory.
If the job was given to the Revenue Commissioners it would be done in three months. We have an efficient legislative system for the collection of taxes but nothing else.
I am aware that the Deputy did his best but he was not more successful than anyone else.
I am trying to help the Minister now.
I appreciate that.
