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Dáil Éireann debate -
Tuesday, 22 Mar 1994

Vol. 440 No. 4

Order of Business.

It is proposed to take No. 1, the Report and Final Stages of the Social Welfare Bill, 1994, subject to the agreement of paragraph 2 below, and Nos. 9 and 10. It is also proposed notwithstanding anything in Standing Orders, that: 1. No. 1 shall be taken without debate; 2. the proceedings on the Report and Final Stages of the Social Welfare Bill, 1994, if not previously concluded, shall be brought to a conclusion at 6.45 p.m. by one question which shall be put from the Chair and which shall in relation to amendments, include only those set down or accepted by the Minister for Social Welfare. Private Members' Business shall be No. 21.

Is it agreed that item No. 1 be taken without debate? Agreed. Are the proposals for dealing with the Social Welfare Bill agreed? Agreed.

I would like to ask the Taoiseach about promised legislation, that is, the Freedom of Information Bill. In view of the fact that last week during the Taoiseach's absence from the country a Member on the Government back benches issued a statement which was a damning indictment of the working relationship between the partners in Government, does the Taoiseach propose to make amendments to that Bill to make it illegal for a member of a party to gag or muzzle another member of their own party in making a statement that might be embarrassing to the Government?

Deputy Mary Harney is offering.

Does the Taoiseach propose to amend that legislation?

The Deputy should not get a rush of blood to her head.

I am not. There is a hint of déjá vu here.

I have called Deputy Mary Harney.

I suppose the Deputy will be the first consul general to the Bahamas.

May I ask the Taoiseach if the Ethics in Government Bill will be published during the Easter recess?

It is hoped it will be published then.

In the Programme for Government it was promised that legislation on equality would be introduced. Does the Taoiseach feel any sense of shame about the fact that 32 blind workers of Blindcraft Limited have to picket the Dáil in order that the discrimination being perpetrated against them will be dealt with? Will the Taoiseach personally take steps to intervene in the dispute and ensure that these blind workers get fair play?

The Deputy indicated that his question related to promised legislation.

It is important to ensure that these workers get fair play. That is all they are looking for.

I wish to ask a question relating to women's rights. Will the Taoiseach confirm that the proposed legislation to allow Irish women access to information on abortion services legally available abroad is being shelved in deference to the European elections? Will he confirm that the Bill is drafted and is awaiting publication but has been shelved because of political cowardice?

Deputy Liz O'Donnell seems to have better information than I have. The Bill has not been shelved. It will be brought forward in due course.

May I have a date for my diary?

When I have the date in my diary I will give the information to the Deputy.

This legislation is important——

The Deputy need not worry. The legislation has not been shelved.

I also have a question on promised legislation but first I wish to raise a question on behalf of some Labour Party backbenchers who, the Chair will understand, cannot put the question.

Would the Deputy like to be a backbencher?

They want to know from the Taoiseach if Deputy Haughey has been deprived of his peashooter or if he is still running loose with the result it is not safe for Labour backbenchers to walk along the corridor.

Please, Deputy Rabbitte. I understood the Deputy wished to raise a question on promised legislation.

This is an important matter which concerns the safety of some Members of the House. Will the Taoiseach say if the undertaking he has given the House about the publication before the Easter recess of the ethics in public office Bill still stands? Can the commitment given by the Minister for Finance to introduce legislation to control the Stock Exchange be taken as an assurance that legislation will be introduced in the House?

With regard to the last question, difficulties are being encountered in the drafting of the legislation on the Stock Exchange — some of the relevant legislation dates back to the last part of the 18th century. The legislation is being proceeded with——

That is not where the problem comes from.

If the Deputy wants to ask a question he should do so. I am trying to answer Deputy Rabbitte's question.

The Taoiseach should not try to bluff.

With regard to the Deputy's other question, as I said in reply to Deputy Harney a few minutes ago, it is hoped to publish the ethics in public office Bill during the Easter recess, not before it.

On promised legislation on control of the Stock Exchange, is the Taoiseach aware that as far back as January 1992 the Minister for Finance said that the preparation of the legislation "is still at a very early stage"? Will the Taoiseach say why it has taken from January 1992 until now to progress the legislation from that very early stage? Can he indicate the proposals which will make it obligatory to publish any reports or examinations into share dealings?

These matters will be dealt with in the Bill. I repeat that it is taking much longer than expected to draft this legislation.

Two and half years?

The relevant Acts date back to 1799 and one has to take constitutional and other matters into consideration.

Another job for consultants.

I want to assure the House that this legislation will be brought forward as soon as possible and the matters raised by the Deputy can be discussed in that debate.

On the ethics in public office Bill — it was previously called the Ethics in Government Bill — has the change in title arisen because of the Taoiseach's desire to ensure that judges do not involve themselves in current political controversy and, if not, does the Taoiseach intend to introduce legislation which will ensure that judges do not engage in public controversy, as happened in recent days?

The Deputy knows that his question does not relate to promised legislation.

It is a legitimate question.

It is a good try.

Will the Taoiseach say when the legislation which will enable Oireachtas committees to call witnesses will be brought before the House? Is he aware that the Telecom affair, which was referred to one of the Oireachtas committees, effectively went into a cul-de-sac because the committee could not call witnesses?

Is this promised legislation?

Yes. It is hoped to publish this Bill during the next session.

Does the Taoiseach intend to ask Mr. Justice O'Hanlon to stop his interference——

Does the Minister for Health propose to introduce legislation to provide for the changes announced in the administration of health boards, for example, the rationalisation of health services which received considerable publicity this morning?

I do not think this relates to promised legislation.

It does.

I call Deputy Bruton.

People are worried about this matter and I am sure the Minister would like to tell the House something about it.

I have no intention of dealing with speculation in the House.

: The Minister is speculating.

More trouble.

The Deputy can be assured that the Minister for Health is engaged in trying to streamline the health services so as to get better value for the money spent. This should be of interest to every Member. The Minister has been so successful in doing this up to now that health is no longer at the top of the political agenda, which it had been for a long time.

As the Taoiseach is familiar with the subject, will he indicate if legislation to deal with the very important matter will be brought before the House before the summer recess.

Is this promised legislation?

I call Deputy Richard Bruton.

The Taoiseach indicated the importance of the subject.

It does not relate to promised legislation.

The Taoiseach said that the legislation to enable Oireachtas committees to call witnesses will not be introduced until the next session. Will he agree that his approach was to open up the business of the Oireachtas to effective scrutiny by committees and that the delay in this instance is much too long for fundamental and basic legislation?

We cannot debate the matter now.

On this issue, in October 1993 we were circulated with a list of Bills expected to be published during that session. Yet the Taoiseach is now telling us in March 1994 that this Bill will not be published during this session. Not only is the Government falling apart but the Programme for Government and the other programmes are falling apart because the Taoiseach cannot get agreement among backbenchers——

We cannot debate this matter now.

Is the Taoiseach aware of the widespread concern that the legislation on national monuments will become law in advance of the legislation on occupiers' liability which has been promised? When will the Government publish this legislation?

Is this promised legislation?

Yes. As I said on a number of occasions, as soon as the Government receives the final report of the Law Reform Commission it will proceed with the legislation.

It was promised last October.

I wish to point out to Deputies Owen and Creed who are shaking their heads that the problem of people going in all directions rightly sits over there and not over here.

(Interruptions.)

The Taoiseach intends to brazen this one out.

The Taoiseach should tell his Whip to stop issuing lists of Bills if the Government does not intend to publish them.

I said that we want——

These lists are a farce.

The Taoiseach had it easier in the Bahamas.

Bring back John Bruton.

I understand it is accepted practice that the details of legislation not brought before the Cabinet are not released to the press. There was an article in yesterdays's Irish Independent outlining the provisions of a local government Bill which I understand will be placed before the Cabinet in a few weeks. How can such an article outline the provisions in a Bill which has not been placed before the Cabinet or published? The article referred to such matters as the dual mandate——

If the Deputy asks Senator Michael O'Kennedy, he will tell him——

I cannot allow the Deputy to pursue the matter now; he has had some latitude.

(Interruptions.)

The Deputy will have to find some other way of raising this matter.

Senator Michael O'Kennedy is more worried about it than Deputy Barrett.

I refuse to sit down because this House is being treated with more contempt by this Government than one could imagine. It is a breach of privilege on the part of the Government——

This is a breach of order. It is disorderly that the Deputy——

Is engaged in.

Thank you, Deputy Rabbitte.

(Interruptions.)

The Deputy may raise the matter at the Committee on Procedure and Privileges but he may not do so now.

On a point of order, a Leas-Cheann Comhairle, you occupy a seat which protects the rights of all Members. You also occupy a seat which protects the privileges of all Members——

I must ask the Deputy to resume his seat.

I want to know if that is a breach——

I am proceeding to an announcement by the Minister of State at the Department of the Taoiseach——

I wish to raise a point of order.

It is not a point of order.

It is a point of order.

The Deputy knows it is not a point of order.

It is a point of order about a breach of privilege——

The Deputy may take up the matter with the Committee on Procedure and Privileges.

I ask formally that the record of the House shows that you, a Leas-Cheann Comhairle, requested that this matter be referred to the Committee on Procedure and Privileges?

The Deputy must raise that matter.

I formally put that request to the House.

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