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Dáil Éireann debate -
Thursday, 26 Jan 1995

Vol. 448 No. 2

Order of Business.

It is proposed to take Nos. 1, 6, 7 and 2. It is also proposed, notwithstanding anything in Standing Orders, that No. 1 shall be decided without debate.

Is the proposal for dealing with No. 1 satisfactory? Agreed.

Will the Taoiseach give top priority to ensuring that the mechanism for dealing with the legislation on the offence of money laundering, which has been on the Statute Book since November, is speeded up? As I recall it, the financial institutions wished to have time to put in place a code of practice. In view of the Brink's Allied raid I think the Taoiseach will agree that process should be speeded up. Will the Taoiseach ensure that the Minister for Justice carries out a review of escort measures? I know this is a difficult area but I would ask the Government to examine whether the known godfathers and their gangs can be brought to justice.

We are having a deviation from what has been the custom on the Order of Business.

There is not much point in passing an Act and putting it on the Statute Book if it is not implemented. I am asking the Taoiseach to ensure that the process of implementing the Act passed in this House some months ago is speeded up.

I agree that legislation on this matter, which was passed after considerable delay, should be brought into full effect quickly. I assure the House that every step that needs to be taken to deal with the problem of money laundering will be taken quickly.

Under the Programme for Government, the Government undertakes to examine the possibility of bringing in legislation to protect journalists' sources. Given that a case is beginning today which many will believe is perversion in the course of justice, may I ask the Taoiseach if the Government has carried out an examination of that matter and if it intends to bring forward legislation?

Not at this juncture. Obviously, the Government will be dealing with that matter in detail but at this stage we have not completed any such review.

As the Tánaiste will meet the Secretary of State today, in view of the growing concerns among Nationalists about this unstable Government, will the Taoiseach comment on the headline in today's Financial Times concerning Unionists——

Deputy McDaid——

Will he comment on this matter which is a cause of concern?

Deputy McDaid, the Chair is addressing you.

I would like to know——

I will not permit the Deputy to ignore the Chair. He will resume his seat forthwith.

This is a matter of fact and it will be discussed for the rest of the day——

The Deputy will now leave the House.

Will the Taoiseach comment on the matter?

The Deputy may not make a demonstration of this kind. He must apologise for his behaviour.

It is factual——

Deputy McDaid, please leave the House.

It is a factual matter——

Deputy McDaid will now leave the House. If the Deputy refuses to leave the House, I must name him.

Deputy McDaid withdrew from the Chamber.

I am surprised at what has just happened in view of the fact that when I was sitting over there I recall several examples of demonstrations on this side of the House that were not dealt with.

I will not be lectured by the Deputy. This is most audacious of you. On every occasion a demonstration of that kind was perpetrated in this House the Chair intervened.

The Deputy is suffering from withdrawal symptoms.

Has the Deputy a relevant matter to raise?

We will agree to differ on the matter. Your recollection is different from mine.

I will not be reflected upon by any side of the House. I expect better from you.

Will the Taoiseach state when the Government intends to introduce legislation to put legal aid on a statutory footing so that the Minister for Equality and Law Reform will no longer have an opportunity to interfere in the internal affairs of the Legal Aid Board?

That matter should be raised at a more appropriate time.

It is promised legislation and I want an answer.

The Deputy should put down a question.

This is a matter of promised legislation and the Deputy deserves a reply.

May I have a reply from the Government? The matter I raised relates to promised legislation.

I call Deputy Harney.

Why did the Deputy not ask questions last night?

(Interruptions.)

Deputy Harney has been called.

When the Taoiseach was in Opposition he was always very keen to ensure that the House was never offended and that, where possible, Ministers would make announcements about proposed legislation in the House. I was, therefore, very surprised at 16.25 p.m. on 25 January to receive in my office a fax from "Minister Avril Doyle" in advance of passing the legislation to have her appointed. It is a gross insult to the Oireachtas that faxes are being sent out from "Minister Avril Doyle" when the legislation to have her appointed has not yet been passed.

I am not sure what this has to do with the Order of Business.

It is only the beginning, the Deputy will have to wait for the rest.

Arrogance.

Arrogant already.

It is wrong and the Deputy knows it. It is an insult. Why did we have to debate the Bill?

Will the Taoiseach rethink some of the Government appointments, particularly at Minister of State level? It has been brought to my notice that Government Buildings are now sagging with the weight of five Ministers of State — Deputies Barrett, Fitzgerald, Carey, Mitchell and Doyle — and their special advisers and programme managers. This means that senior civil servants have had to be transferred to the basement and to nooks and crannies.

It is a disgrace.

These matters are more appropriate to the Committee on Procedure and Privileges than the Order of Business.

The Civil Service has been demoted again.

The Civil Service has been demoted again.

Will the Taoiseach explain what this has to do with efficiency in administration, which is what he said he was trying to achieve?

We are having quite a deviation from what I know to have been proper to the Order of Business.

I think one of the questions asked was in order and I would like to answer it. Deputy O'Dea asked——

The Chair is in charge of such matters.

Is there a Minister of State, Deputy Avril Doyle? Does such a person exist?

A Deputy

Stand up.

Has the Government appointed her as a Minister of State? I am surprised the Taoiseach will not answer this question.

If there is nothing else on the Order of Business——

I am surprised at the Taoiseach's reluctance to deal with this matter.

Will the Taoiseach clarify whether the promised legislation in the Programme for Government will be treated as promised legislation in this House? Will he confirm it is in order for us to ask questions on all the legislation promised in the Programme for Government?

This is a relevant question.

It is a matter for you, Sir, to rule on the status of the Programme for Government under the Standing Orders. I welcome parliamentary questions, written or otherwise, posed in respect of all legislative commitments. If those questions are posed then the answers will be given in the House and further questioning will be in order. To avoid doubt, that procedure might be followed by the Deputy.

To save the taxpayer £40, £60 or £80 for each parliamentary question, the Taoiseach could just say "yes, all the legislation promised in the Programme for Government will be treated as promised legislation in the House". That would be a much simpler procedure. However, I will follow the Taoiseach's suggestion if he wants me to waste taxpayers' money.

I regard the suggestion that parliamentary questions cost money as wrong. Parliamentary questions are the basic protection of democracy which every Member has in this House. The Government will not complain about parliamentary questions or attempt, as others have done, to put a price tag on them. The more questions we are asked the better.

More questions and fewer Ministers of State.

(Interruptions.)

That was an own goal.

There is a large number of Deputies offering and I will try to facilitate them all provided their questions are relevant.

Given what the Taoiseach has just said, are we to assume that promises made at conferences and in newspaper columns in regard to the Programme for Government will also be taken on board?

I am a student in this matter, having watched you, Sir, and sought to get things past you during the past four years, usually without success. You, not me or the Government, make the rules in regard to what are permissible questions on the Order of Business. I was suggesting a way which would clearly remove any doubt——

So would the way I suggested.

——by having parliamentary questions posed, thereby ensuring that the statements of Government policy on all the items in the Programme for Government complied with the rulings which you have made.

I am talking about legislation.

I would like to be in a position where it would be in order for the Opposition to ask us every day of the week if they wish about every legislative promise in the Programme for Government. I have no problem answering questions, even repeatedly, about this matter every day. I am proud that the three parties in Government have agreed that programme of legislation and they intend to implement it.

When is it intended to circulate the equal status Bill?

That is a good example of what I invited. I answered that question yesterday.

A Deputy

The Taoiseach answered it very well.

Obviously the Deputy was not listening.

The Taoiseach is like a school master.

That legislation will be circulated later this year.

I did not hear the Taoiseach. Did he say "later this year"?

You could not hear Harry Whelehan either.

(Interruptions.)

Has Deputy Rabbitte spoken?

A Deputy

Quit while you are ahead.

The Minister of State will have to get a microphone. It is very hard to hear him.

Was yesterday's statement somewhat pre-emptive?

I am impressed with the keenness of a party which was in Government for seven years and the haste with which it expects the new Government to produce legislation which took them such a long time not to publish.

The Taoiseach complimented us yesterday. He said the programme managers were working well.

I regard these questions as a gesture of confidence by Fianna Fáil in the effectiveness of the Government and its arrangements in regard to the programme managers who will assist us in bringing this legislation forward rapidly.

The Taoiseach has changed his tune about programme managers.

The equal status legislation is being drafted and will be ready later this year.

A Cheann Comhairle——

Sorry, I have called Deputy Séamus Brennan on a number——

Will the Taoiseach tell——

Please resume your seat, Deputy. I have called Deputy Séamus Brennan and if he does not offer now I will call another speaker.

Will the Taoiseach state if the Government intends to introduce legislation to give effect to the plans to dispose of part of Telecom Éireann?

Is not relevant now, Deputy.

Given that the Taoiseach is now in a mood to answer questions, perhaps he will answer mine. When will the civil legal aid system be put on a statutory basis?

I hope legislation will be introduced this session.

Deputy John O'Donoghue has been offering for some time.

Will the Taoiseach state when it is intended to resume the Second Stage debate on the Courts and Court Officers Bill and whether the Government intends to table any amendments to it?

That legislation is currently under review by the Government.

On a point of clarification in regard to promised legislation, are Deputies on this side of the House entitled to ask questions on the Order of Business about promises in the Programme for Government or is the Taoiseach suggesting that we first have to put down parliamentary questions to elicit the information and then ask questions on the Order of Business? It has been my understanding — long before we ever heard about openness and transparency — that on the Order of Business Fianna Fáil led Governments always allowed questions on their programmes for Government.

I am entirely in the hands of the Chair. The decision as to whether a question is in order on the Order of Business is not a matter for the Government, it is a matter for the Chair. I will abide by whatever ruling the Chair chooses to give on this issue as put by Deputy Ahern.

Will you agree with previous administrations?

I am saying that it is a matter for the Chair.

I do not have to remind the House that I have communicated with you all on various occasions as to matters which could and should not be raised on the Order of Business. That is the position but if the House wishes to change the procedures in any way, I will faithfully implement any changes you desire. That is the function of the Chair. I am your servant, I do not draw up the Standing Orders of this House. That is the prerogative of this sovereign Parliament.

Will the Taoiseach request the Minister for Enterprise and Employment to personally intervene today, with Greencore plc, in order to prevent the closure of one of the most modern engineering companies in the country, namely, Tuam Engineering Limited, which is due to be closed today?

That is a serious matter and I would much prefer if it were dealt with in a proper manner. I will facilitate the Deputy in raising it in such a manner.

May I ask the Taoiseach the position on the legislation covering the transfer of sentenced prisoners as there will be a debate by one of the committees of the Council of Europe on this matter next week?

The Government is anxious that that legislation be taken in the House this session, as I told the Deputy.

I do not want to delay the Order of Business this morning, I am merely trying to be helpful. When a previous Taoiseach was asked in this House if he agreed that any proposal contained in the Programme for Government constituted promised legislation, he replied that it did and the Chair ruled accordingly thereafter. I am simply asking the current Taoiseach to say "yes" so that you, a Cheann Comhairle, can implement that decision. It is up to the Taoiseach initially to indicate whether he regards it as promised legislation.

May I repeat that the procedures at this time have been documented and are in your possession? If there is any change to be made, please let me know and I will faithfully implement that change.

The legislation promised in the Programme for Government is promised legislation. There is no doubt about that. Whether the fact that it is promised in the Programme for Government allows it to be the subject matter of questions on the Order of Business is a matter for the rules of the House, not the Government, and the adjudication as to the meaning of the rules of the House is a matter for the Ceann Comhairle. I have made it clear already to Deputy Ahern and now to Deputy Dempsey, and I will to any other Deputy who wishes to ask the question, that the Government will answer all questions that are in order under the rules of the House as interpreted by the Chair. It is a matter for the Chair to interpret the rules, not the Government.

It is a matter for the Taoiseach.

Does the Government intend to introduce legislation which will recognise the rights of unmarried fathers? The State is required to do this following the decision in the Keegan case in the Court of Human Rights.

The Deputy should table a question on that subject.

It is legislation which is due to be enacted in the House and it was promised by the former Minister for Health.

I am not certain about that. Has legislation been promised in this area? I do not know.

I am not aware that legislation on that matter has been promised by this Government. I suggest that the Deputy table a parliamentary question which will be answered.

On promised legislation, may I ask the Taoiseach if legislative leaks are legitimate?

A Deputy

There are plenty of those.

Will the Taoiseach indicate whether the Tánaiste will be raising today the delay by the Northern Ireland authorities in replacing road bridges on the Border which has been promised for some time?

That is a very good question, Deputy.

Ten out of ten for it.

Does the Taoiseach realise the difficulty in relation to the whole area of equality since it was omitted from the Programme for Government? Legislation on that has been promised through the newspapers.

I am sure the Deputy will find ways and means of ventilating her grievance in that regard without raising the matter now.

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