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Dáil Éireann debate -
Thursday, 2 Feb 1995

Vol. 448 No. 5

Order of Business.

It is proposed to take No. 6.

It is proposed to take No. 6 and there is nothing to be put to the House.

We on this side of the House would like to praise the statesmanlike approach of the British Prime Minister, Mr. Major, last night when he stated that peace should not be thrown away because of fears which are unreal or accusations that are untrue. Now that the work of officials is almost complete — and certainly will be completed today — and that the framework documents has remained remarkably unchanged for a number of weeks, will the Taoiseach finalise what is a discussion document to avoid a repetition of what happened yesterday? We urge the Taoiseach to hold a summit within days and to complete and publish the document and then all political parties on this island can engage in political debates. No more time should be lost.

As I said yesterday it is the intention of the Government to agree as soon as possible with the British Government a balanced framework document — but I emphasise again the need for balance, which will be paramount, in the interests of all those affected. It is a document that will be open for widescale discussion. Obviously the Government will be doing everything possible to bring this to a conclusion quickly. Discussions are taking place between officials today but they may not necessarily be the last set of discussions, the Tánaiste and I will be working to bring the matter to a speedy conclusion and the Government will be doing everything it can.

Yesterday, on admit-tedly a less important matter, the Taoiseach said there is nothing like a conclusion date to focus the mind and I think a summit between the Taoiseach and Mr. Major would focus their minds on the conclusion on this discussion document. Otherwise I am afraid that this document will take on legs which will make it very hard to catch and, from the political point of view, it will become an impossible task for this Government. The matter has been discussed and completed almost to the last paragraph and it can finally be resolved not by officials but the Taoiseach, the Tánaiste and the British Prime Minister. I ask the Taoiseach to arrange a summit to complete the document and publish it and then we can focus our mind on the real debate.

This matter is not being dealt with by officials, nor was it at the outset. There has been ongoing political management of this issue by the Tánaiste and the Taoiseach under successive Governments and by their counterparts on the other side of the water. It is a political process and I am appraised of developments on this matter on a daily basis.

If we have a summit it is crucial that it is a success, for it to be a success we must be properly prepared and every possible area where disagreement could arise needs to be identified in good time so that that happens. That process is now underway. I share the Deputy's sense of urgency about this matter but I will not place myself or the Government in a position where we set ourselves deadlines that create pressures of themselves that might not be constructive in their result. The comparison the Leader of the Opposition made with what I said yesterday was on a matter within the control of this Government but this is a matter of international negotiation between two governments.

Let me remind Members that this is not Question Time but the Order of Business and we must not debate this matter now.

The remaining brackets can be removed only by the Taoiseach and no amount of discussion between officials will remove those final brackets. I think the Taoiseach sees the sense of doing so sooner rather than later so that we can avoid days like yesterday, which are very difficult.

I want to reassure the Taoiseach, as I did yesterday, that he will have my support and that of my party in the approach the Government has adopted to bringing about a balanced framework document. One of the positives from yesterday is that the British Prime Minister seems more determined to bring to a speedy conclusion the negotiations between the two Governments and I certainly hope that is the case. I commend the British Prime Minister, as the Leader of Fianna Fáil has done, because given his domestic political difficulties, it might have been easier for him to take a different approach. It is important to maintain a consensus in the House if the Government is to achieve what we want it to achieve. Would the Taoiseach agree to brief Opposition leaders at an early date so that we can be kept informed of developments in this delicate process?

Is it intended to introduce emergency legislation to obviate the necessity for a constitutional challenge to section 5 of the Punishment of Incest Act, 1908 in view of the High Court judgement delivered yesterday?

Does the Taoiseach or Minister for Justice accept that in such trials it is in the public interest not to publish names and addresses in order to protect the victim?

That is not appropriate to the Order of Business. The Deputy should put down a question on the matter.

It is off-side.

As regards the matter raised by Deputy O'Donoghue, does the Taoiseach accept that it is vitally important and in the public interest that limited reporting in inceast cases continues? This section needs to be amended so that the horrors of the Kilkenny incest case and other cases will be in the public arena for evaluation and scrutiny.

We are on the Order of Business.

On the day when President Mary Robinson, Commander in Chief of the Defence Forces addressed both Houses of the Oireachtas, will the Taoiseach inform the House when the name of the new Chief of Staff will be announced?

We are on the Order of Business.

It reflects very poorly on the Government. The vacancy has existed since last year.

On Tuesday next.

It is as well it did not exist before the last Government left office, otherwise it would have been filled.

Does the Taoiseach not realise that unless he does as Deputy O'Donoghue suggests, in future, cases like the Kilkenny incest case can no longer be reported?

That is repetition.

Is this openness, transparency and accountability? Will the Taoiseach answer?

I am abiding by the rules of the Chair and I would expect Fianna Fáil Deputies would wish to do likewise.

Fine Gael did not make a good job of that when it was on this side of the House.

Will the Taoiseach tell the House when the Government intends to publish the Green Paper on broadcasting?

Is this promised legislation?

In view of the Tánaiste's reply to me yesterday regarding a single currency and the French statement this morning that only seven countries would be fit to meet the EU criteria by 1997 — Ireland was not one of those countries — does the Taoiseach propose to introduce further legislation or to have discussions with the French Government on the matter?

Read about it in Le Monde.

Will the Taoiseach not answer my question?

I am happy to answer all questions but I am bound by the rules of the House regarding what is in order for me to answer at this stage. No Deputy should draw any inference, as Deputy O'Dea attempted to do, from my unwillingness to answer because I am prepared to follow the rulings of the Chair.

I thought the Taoiseach intended to reform the House. How open is he?

Will the Taoiseach make time available to discuss the proposed increases in ESB household bills before the Minister confirms those increases?

That is not appropriate to the Order of Business.

Last October the previous Government published a list of promised legislation which included a juvenile justice Bill. That seems to have slipped off the current list published by the new Government. Is that an indication of the lack of priority accorded to child legislation by the Government?

I will explain this. There is a new Government.

We know that.

(Interruptions.)

It is necessary for the new Government to examine the legislative programme prepared by the previous Government. Worthy as most of that programme undoubtedly is it still needs to be examined.

Is the Government doing anything at all?

It is intended to deal with the issues covered in the juvenile justice Bill. The court judgement issued yesterday was received in the Department of Justice within half an hour of its delivery and is being urgently examined. I have no doubt that when it has been fully studied the Minister for Justice will make an announcement on the matter.

Yesterday we had a debacle on the Heritage Council Bill, which is now the Heritage Bill, when a successful effort was made by the Government to change the goalposts. Will the Taoiseach give an undertaking to this side of the House that no such attempt will be made in future by his Government unless appropriate and proper word and clarification is given to the Opposition?

When will the remaining pre-budget documentation, in particular receipts and expenditure documentation, be published?

It will be published before the budget in accordance with well established precedent.

When is that?

Next week.

As from today seven of the nine main operational programmes under the Community Support Framework have been published. Given the importance of their impact throughout the country and the amount of money involved, will the Taoiseach agree that we need a full debate in the House to ensure that all funds distributed under these programmes are utilised to every-one's benefit?

(Interruptions.)

In view of your ruling on my motion under Standing Order 30, can the matter be accepted for debate on the Adjournment this evening?

That presumably will be submitted to the Ceann Comhairle's office.

Fianna Fáil changed the procedures five years ago.

Given the Keegan judgment does the Taoiseach and the Minister for Equality and Law Reform intend to investigate the difficulties encountered by would be adoptive parents?

That matter could more appropriately be raised by means of question.

I will communicate with the Deputy about that.

On a point of order, does the Taoiseach not accept that the distribution and disbursement of funds under the Community Support Framework——

(Interruptions.)

Ask Deputy Smith. Deputy Cullen jumped the wrong way.

I would advise Deputies opposite that if they wish to have a debate the most appropriate way to do so would be to communicate, through their Party Whip, with the Government Whip.

Has Deputy Rabbitte any leads on that? How is the FÁS course going?

I am sorry I did not get in at the appropriate time but, bearing in mind that the most threatening thing facing the Irish people now is misunderstanding about the leaked document——

——is Deputy Alan Dukes sitting behind the Taoiseach?

(Limerick East): The voice of experience.

(Interruptions.)

Order, please allow Deputy Harte to continue.

I will not be distracted by ignorant remarks.

(Interruptions.)

Order, please, Deputies. Does Deputy Harte have a question appropriate to the Order of Business?

I am sure Deputy Ray Burke wanted me to applaud that ignorant remark but I shall refrain from doing so. One of the most serious things threatening both parts of Ireland at present is a misunderstanding about the document leaked, mostly on the part of the Official Unionists and the Democratic Unionist Party. Therefore, would the Taoiseach consider making himself available, to meet Dr. Paisley and Mr. Jim Molyneaux in London, to express the Government's position and allay their fears?

That is not appropriate to the Order of Business. I want to proceed to the business of the House proper.

In view of the Taoiseach's comments earlier that we should approach our own Whips in terms of having issues debated in this House, I might point out to him that the Government Chief Whip has already refused to allow a debate on the de Buitléir report on the future of third level education——

(Interruptions.)

A Leas-Cheann Comhairle, on a point of order——

(Interruptions.)

We have had the publication of the most significant report——

The Deputy cannot and will not debate this now.

——in respect of which the Government will not allow time for discussion in this House.

On a point of order, I stress no such request was made to me about any debate on the de Buitléir report. I ask Deputy Martin to withdraw that allegation.

Point made. We must now progress to item No. 1. I understand that Deputy John O'Donoghue wishes to seek leave to introduce a Private Members' Bill.

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