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Dáil Éireann debate -
Tuesday, 18 Oct 1994

Vol. 445 No. 9

Order of Business.

It is proposed to take Nos. 3, 4, 12, 13 and 1. It is also proposed, notwithstanding anything in Standing Orders, that; 1. The proceedings on Nos. 3 and 4, which shall be debated together, shall be brought to a conclusion within 75 minutes and the following arrangements shall apply; (i) the speech of a spokesperson for the Labour Party, the Progressive Democrate Party, the Fine Gael Party, the Technical Group and the Fianna Fáil Party, who shall be called upon in that order, shall not exceed 15 minutes in each case; (ii) the spokespersons specified above may share time; and (iii) the questions necessary to bring the debate to a conclusion shall be put successively at the end of the debate. 2. The proceedings on the Committee and Remaining Stages of No. 12, if not previously concluded, shall be brought to a conclusion at 7.00 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 Agriculture, Food and Forestry. Private Members' Business shall be No. 29 — Motion 13.

Are the proposals for dealing with items Nos. 3 and 4 agreed to? Agreed. Are the proposals for dealing with item No. 12 agreed to? Agreed.

On the Order of Business of 27 April the Tánaiste said proposals for a third banking force were under active consideration by the Government. Will the Taoiseach give an indication of the timetable for that legislation?

Is it promised legislation?

It is not promised legislation.

It is in the Programme for Government.

Has the Government abandoned the proposals for a third banking force which would clearly involve amendments to the industrial credit legislation and that——

It has been established that is not promised legislation and it is, therefore, not appropriate to the Order of Business.

This matter was raised and answered on the Order of Business of 27 April and I am sure I can produce other precedents where it was raised and questions were answered and it was accepted as being in order. It is also in the Programme for Government. If the Government has abandoned proposals for a third banking force that would change the position. Perhaps the Taoiseach would clarify the matter.

I will try to be helpful to the Deputy and to the House. While legislation is not promised the Deputy can be assured that we are proceeding on a third banking force and we will bring the proposals before the House when we have reached a conclusion.

Is it the case of constipation in Tinakilly?

Will the Taoiseach make a statement on the position of Telecom Éireann? Has he backed off privatisation of Telecom Éireann and, if so, do both Government partners agree on the current position?

That matter is not appropriate now.

A statement on this was made outside the House. The House should be told of the Government's intention for Telecom Éireann.

We will do what is best for Telecom Éireann.

Deputies are aware of what is appropriate to the Order of Business.

Will the Taoiseach indicate if the Government intends to introduce legislation this session either to repeal or amend the Offences Against the State Act?

Is it promised legislation?

It was promised to members of the Labour Party.

There are not any arrangements——

The Cabinet should head for Wicklow again.

Meditation has broken down again.

(Interruptions.)

With all due respects to the Chair, when I get some ciúinas I will give the reply.

I now call Deputy Rabbitte.

The Taoiseach did not get an opportunity to reply to whether the Government will introduce legislation to repeal or amend the Offences Against the State Act.

The Government asked the Minister for Justice to consider the continuing need for the emergency legislation passed in Dáil Éireann on 1 September 1976 in view of the changed circumstances of the IRA cease-fire and the cease-fire announced by the loyalist paramilitaries and to report back to Government at the earliest possible opportunity. There are not any plans to repeal the Offences Against the State Act.

That is as clear as mud.

Will the Taoiseach indicate if the forum for peace and reconciliation in Tinakilly agreed to publish a legislative schedule and, if so, will it include legislation on minimum pay, and would the Taoiseach agree that it should be fixed at a higher level than £3 an hour?

I now call Deputy Deenihan who I hope has something relevant to raise on the Order of Business.

Following four years of prevarication by the Government will the Taoiseach give a commitment that legislation on occupier's liability will be introduced before Christmas?

I understand that is promised legislation.

It has been promised for four years.

It is promised legislation and is on the list to be published shortly.

Will we have it before Christmas? We were supposed to have it in September.

I hope it will be published before Christmas.

I understand there is a need to bring in new mental health legislation to bring us into conformity with the European Convention on Human Rights. At what stage of preparation is that Bill?

I expect that the Government will be in a position to publish a White paper on this matter by Christmas.

I wish to raise on the Order of Business the fact that a question tabled by me seeking information about when the Taoiseach ceased his managerial involvement in C & D Foods was ruled out of order on the grounds that it contained argument. This was merely a question soliciting information and contained no argument. I protest in the strongest terms that this question, which I believe is valid, should be ruled out of order.

I am sorry, Deputy, this is not the appropriate time for that.

The question was merely to seek information.

It is not appropriate at this time. Please obey the Chair.

It is important that certain matters are raised publicly here.

The Deputy has had some latitude with something that is inappropriate to the Order of Business. I am now calling Deputy Gay Mitchell.

On a point of order, is the Chair not aware that one of the reasons we had to have the beef tribunal was that Ministers were unwilling to give adequate answers to questions? That tribunal cost a lot of money.

Again, this is not a point of order.

At Question Time we have the Taoiseach referring ad lib to other people refusing to answer questions addressed to him and there are no known rules as to what questions the Taoiseach will or will not answer.

He does not answer any question.

The Deputy does not know the rules.

You are just putting us to the expense of buying the book.

When is it intended to publish the Juvenile Justice Bill? Since it is likely to be a very detailed Bill, how much time will be made available to the House to consider the Bill before it goes to committee?

The Deputy can be assured that when the Bill comes to the House there will be plenty of time available for it. It is a very long and complex Bill. About 150 sections are already prepared. We expect to bring the Bill forward before Christmas.

In reply to Deputy Jim Mitchell, Chairman of the Committee of Public Accounts, the Taoiseach indicated last week that a motion would be brought before the House relating to the appointment of a Comptroller and Auditor General. When will that motion be taken?

It will be taken at the appropriate time, but consultation must be carried out in the first instance as required under the Act.

In view of the increasing concern about the welfare of children in this country, and particularly in view of the cases of child sexual abuse highlighted in the media recently, will the Government reconsider the timetable for the implementation of the Child Care Act which was passed in this House in 1991, particularly section 63 which deals with monitoring in residential homes where children are placed?

(Interruptions.)

Surely there is an answer. Perhaps the Taoiseach or the Minister for Health will answer.

I will communicate with the Minister for Health and we will get back to the Deputy. I understand the section has not been implemented.

Why the continued delay, in view of the concern? On another question which the Taoiseach or the Minister for Health may like to answer, in view of the Keegan case when is it proposed to introduce legislation governing the adoption laws?

There is no legislation promised. The other questions were answered last week by the Minister for Health.

Questions were asked but there were no answers.

When will the Bill to amend the Electoral Act be published?

The one we nearly needed last week.

It will be published shortly. It is included in our list.

Will we get sight of it before the press is briefed on it?

On 11 March 1993 the Minister for Equality and Law Reform promised legislation to put civil legal aid on a statutory footing and to extend it to those appearing before social welfare appeals tribunals, employment tribunals and other tribunals. That legislation was again promised in the House in March of this year. We are now well into the autumn. When will the legislation be published?

Work is well advanced on the Bill. It is possible that it will be published before Christmas but I cannot promise.

I seek your guidance, a Leas-Cheann Comhairle. Last week I tabled a question to the Taoiseach asking why the chosen nominee of Northern Ireland racing interests was not acceptable to him while being acceptable to the Minister for Agriculture, Food and Forestry, Deputy Joe Walsh. I find my question down as a written question to that Minister today but I know his view on this matter. What I wanted to know was why the nomination was unacceptable to the Taoiseach and his office. If I table the question again, will the Taoiseach answer it?

I will seek a reply from the Ceann Comhairle's office on that for the Deputy.

(Interruptions.)

Did the Taoiseach not read the views of Jim Nicholson, MEP? If he wants to know what happened I will tell him.

The Deputy has got it wrong.

Let us discuss it. If the Taoiseach had nothing to hide he would discuss it.

Now that the Law Reform Commission has reported on the subject of journalists and contempt of court in tribunals can we expect legislation from the Government to deal with the subject?

I doubt if that is promised. Are we dealing with promised legislation? We are not.

When will the Waste Management Bill be published?

We expect to publish it in the next couple of weeks.

At what stage of preparation is the Housing Bill?

What housing?

From the expression on his face it seems the Minister for the Environment does not know of any housing Bill.

Is the Taoiseach aware that there are 30,000 people on housing waiting lists throughout the country? Will we ever see a housing Bill?

There is nothing promised in that regard.

The Bill was promised.

Perhaps you would permit the Taoiseach to answer some question.

There is a housing Bill promised by the Minister for the Environment. Do I take it from the Taoiseach's silence that it has been forgotten about?

There is a proposal to set up a judicial commission. As I have on many occasions expressed concern in this House about the Office of the Director of Public Prosecutions and the lack of accountability of that Office, and given an article in the Sunday Independent last Sunday which reinforces my concern, does the Taoiseach intend to include within the remit of the judicial commission a review of the Office of the DPP?

I have no plans to review the Office of the DPP. The other Bill to which the Deputy referred will be published later this week.

When will the legislation dealing with the operation of credit unions be introduced?

Is that promised legislation?

I do not recall it but I will communicate with the Deputy.

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