It is proposed to take Nos. 5 and 1. Private Members' Business shall be No. 11.
Order of Business.
There is nothing to be put to the House.
Can the Taoiseach give any further information on the members of the Forum for Peace and Reconciliation involved in constituency work who were arrested yesterday? I understand that Ms Dodie McGuinness has been released. Following his communications with the British authorities can the Taoiseach give the House any information on Ms Mary Nelis and whether he expects an early release?
This is not appropriate to the Order of Business.
Will the Taoiseach accept that it is an affront to the forum to arrest people who are involved in their normal activities?
Is the Government going to make new arrangements for the payment of programme managers and advisers?
Again, this is not appropriate to the Order of Business.
I understand the Government is planning new legislation to allow for the secondment of certain people from the private and other sectors to the jobs of programme managers and advisers. I wish to ask the Taoiseach if that is the case.
That is more appropriate for a question.
I understand it is promised legislation. May I have an answer from the Taoiseach? Is the Government going to——
Are we talking about promised legislation? I am informed not, therefore I cannot deal with it now.
Further to my party leader's request, does the Taoiseach have a view on what took place in Derry this week and is he prepared to sit there——
I am sorry, Deputy, I have already indicated that that is not a matter for the Order of Business.
Is that the way the Nationalist people are going to be represented in this House?
(Interruptions.)
In relation to long promised legislation will the Taoiseach indicate why the European Commission which has written to the Government three times about the waste Bill — the last occasion on 12 January — has not yet received a reply? That long promised legislation has been shown to the EU Commission. Is it not an affront to this House that the EU Commission sees legislation prepared for the Dáil before we do?
Are we talking about promised legislation?
This legislation is at an advanced stage of preparation. I believe it is normal, where compliance with EU rules is one of the objectives of the legislation, that there should be consultation with the appropriate authorities.That is entirely reasonable. I expect the legislation will be presented to the Government next month and will be presented to the House shortly thereafter.
In the context of the forthcoming Finance Bill will the Taoiseach clarify, in relation to the legislative commitment to abolish covenants, which view holds sway in the Cabinet? Is it the view of the Minister for Social Welfare, Deputy De Rossa, that any change could not be made in terms of robbing other areas or is it the view of the Minister for Education, Deputy Bhreathnach, that the shortfall in funding will be made up by the Exchequer?
That matter is worthy of a separate question.
In relation to the incident in Derry yesterday, the forum was established by the office of the Taoiseach——
That matter cannot and will not be debated now, Deputy. I have already ruled on that. It is not one for the Order of Business.
If you bear with me one moment——
I am sorry, Deputy, not on that issue. If the Deputy wishes to raise something relevant to the Order of Business I will be delighted to hear from him.
In relation to the forum established by the Taoiseach, will the Taoiseach avail of the opportunity in the House today to make a statement in relation to some people who were arrested yesterday in Derry?
Sorry, Deputy. I am calling Deputy Woods.
I know it may be boring for the Taoiseach but it is a matter of importance.
I am bound by the rulings of the Chair, as is the Deputy.
When does the Taoiseach propose to hold the referendum on divorce and when will he publish the wording of the proposed change in the Constitution?
Is it in the context of promised legislation?
This year.
The Taoiseach previously said the referendum would be held in late May or June. Has he changed the position in that regard and——
No, I have not.
——will the referendum be held later in the year? The Taoiseach should make the position clear. When does he intend to publish the wording for the referendum?
The wording will be published when it is ready. It is the intention of the Government to hold the referendum this year. I understand the previous Government had intended to hold the referendum in May, but as we know there was an interruption in proceedings as a result of certain difficulties experienced by that Government on other matters and that has led to a falling behind in the schedule generally. It is our aim to have the referendum as early as possible this year but I am not willing, and I will not be altered from this unwillingness, to specify a date until I am absolutely sure that the date will be fulfilled.
Does the Government intend to bring in legislation on defamation this year?
The Government will bring forward legislation on defamation when it is ready. The House has resolved that a Second Reading should be given to legislation promoted by the Deputy's party, nine months from a recent date. Obviously the Government will seek to be in a position to give a reasonable response at that stage to the issues raised in the legislation. I am sure the House will be well aware that the issues involved here are complex. There are rights on both sides: the rights of publishers and the rights of people not to be defamed and placed in a position where it would cost the earth to defend their reputation. For that reason it is not surprising the Government intends to consider this matter very carefully. This is one of a number of issues on the Government's legislative programme; obviously there are other issues which need priority, some of which have been referred to today by Deputy Woods.
When will the Minister for Enterprise and Employment publish the Science, Technology and Innovation Advisory Council report, better known as the STIAC report for which the country is waiting?
In light of recent tragedies, not least of which occurred in Dunmore East at the weekend, will the Taoiseach consult with the Minister with responsibility for sport with a view to considering guidelines, regulations and legislation dealing with adventure sports in which there is enormous growth in activity, on land and sea?
Perhaps the Deputy will find another way to deal with that matter.
Surely health and safety are paramount in this regard?
I am calling Deputy Molloy.
The Taoiseach may wish to indicate positively that he will consider this matter.
We are dealing with the Order of Business, not with a mini Question Time. Deputy Cullen will kindly resume his seat.
The Taoiseach indicated that he would respond.
I am indicating that I, like the Deputy, will abide by the rulings of the Chair.
That is a marvellous reply for the people who are looking to the Government to take action.
Please, let us hear the Deputy in possession.
That is appalling behaviour when people are looking for guidance and leadership.
I ask Deputy Cullen to resume his seat.
This is not the Martin I knew in a different jersey.
Look at the jersey the Minister is wearing. The only jersey he has is a big Mercedes.
That is coming from a guy on the upper part of the stand.
Let us hear the Deputy in possession, without interruption from either side of the House.
Some weeks ago one of the Minister announced that legislation would be brought forward to amend the Arterial Drainage Act. Will the Taoiseach clearly indicate at what stage is this legislation? Surely the Taoiseach is aware that there is an ongoing tragedy in south County Galway where hundreds of thousands of pounds worth of damage has been caused to property, people's homes have been flooded for weeks and are likely to remain so for the next two to three months.
The Deputy has made his point.
Because of the flooding there on an annual basis there is a need for a permanent solution to the problem.It will occur year after year unless the Government does something about it.
The Deputy has made his point and the Taoiseach wishes to respond.
Too many Minister have been looking at the problem but none of them has done anything about it. They forget about it the minute they are gone.
Please, Deputy Molloy.
There were too many of them in the boat.
We have had visitors from all sides of the House. It is time the Government lived up to its responsibilities.
The Government has commenced the preparation of legislation to amend the Arterial Drainage Acts, the purpose of which is to allow localised drainage to be undertaken under those Acts. Currently the provision of that legislation requires a whole catchment approach. The new legislation would allow localised drainage to be undertaken within the powers to be conferred upon the Commissioners of Public Works. This legislation has acquired considerable importance in recent times in light of the dreadful experience of flooding for people in Galway and elsewhere in the west. Members of the Government have gone to see the flooding at first hand and have reported to me. It is an extremely serious problem and this legislation is given added urgency by this phenomenon.
Will the Taoiseach say when it is proposed to introduce legislation to amend section 5 of the Punishment of Incest Act, 1908? Will he accept that amending legislation should have been introduced subsequent to the first judgment by Judge Carney and the second judgment should have been preempted?
There are two separate judgments in the general area of the reporting of incest cases. The Minister for Justice has this matter under very active review and I expect she will bring forward proposals to Government at a reasonably early stage. Obviously we are dealing here with complex legal issues.
Will the Taoiseach say when the Government will fulfil its commitment to amend the Mental Treatment Act, 1954, in view of the trenchant criticism of that legislation by the President of the High Court last week? It is promised legislation.
Why did the Deputy not do so when in Government?
I am not in a position to give the Deputy details about mental health legislation at this stage, but I will come back to him on this matter tomorrow.
In view of a conference held this morning on energy and Irish business, will the Taoiseach say when it is proposed to publish legislation to amend building regulations to require that an energy audit such as that which operates in other member states of the EU is carried out on new buildings and buildings changing hands?
That is more appropriate to a question.
It is promised legislation.
Will the Taoiseach say when it is proposed to bring forward the Houses of the Oireachtas Privilege and Compellability Bill? Will he give his views on the extra committees the Government proposes to put in place? Will he provide extra staff and finance for research in view of the fact that there will be 17 committees of the Dáil?
The legislation concerning privilege of witnesses is at an advanced stage of preparation and I hope to have it before the House in the first half of this year.
The Taoiseach did not answer the second question.
I welcome the Taoiseach's statement that the arterial drainage Act will be amended, but will he say if the Munster Blackwater and its tributaries will be included in the new Bill? Both the Taoiseach and the Minister are well aware of the substantial flooding in those areas and the problems it causes for the towns of Fermoy and Mallow and people involved in agriculture.
Yes, they will.
(Interruptions.)
On the protection of employment Bill, what decision has the Government taken in regard to Irish Steel and why has there been such a veil of secrecy over its plans?
The Government will shortly announce its decision on that matter.
Will it be £50 million or £60 million?
When is it proposed to publish the Social Welfare Bill?
That legislation was approved at Cabinet today and it will be published shortly.
With regard to the arterial drainage legislation, the Minister for Agriculture, Food and Forestry is in a state of shock two months after the flooding started following his visit to the areas affected. Will this shock, which may require medical treatment, delay his consideration of the Bill?
He would be well advised to wear a life jacket the next time.
We have already had a response on this issue.
With regard to the amendment of the Ministers and Secretaries Act and given that he has made accountability the central plank of the Government's agenda, will the Taoiseach assure the House that he will urge his Ministers to respond to Adjournment Debate matters within their remits? From information supplied by the General Office, the Minister for Education replied on only 27 out of 114 matters.
The Deputy will find another way of raising that matter.
The Minister of State at the Department of Education has been designated the Minister for Adjournment Debates.
This is not in order now.
That was the practice when the Deputy's party was in Government.
It is important from the point of view of accountability that Ministers should respond to Adjournment Debate matters.
Deputy Martin, I must ask you not to ignore the Chair.
Shame on the Deputy.
It is called accountability.
If the Deputy persists I shall have to deal with the matter. He may not ignore the Chair.
The Deputy should go to the back of the class.
Given the concern among the staff of RTE, may I ask the Taoiseach when the Green Paper on broadcasting will be published?
This is not Question Time.
It is promised legislation.
It has been promised.
Is this promised legislation?
We have a very inquisitive Opposition.
I cannot permit the Order of Business to be turned into a mini Question Time.
We cannot get questions answered any other way.
I wish to be as helpful as possible to the Opposition.
Does the Taoiseach propose to publish the divorce Bill in advance of the divorce referendum?
We have had this question many times.
The answer we got today was different from the one we got the last day. I am referring to the divorce Bill, not the referendum.
Yes.
Will the legislation to break up RTE be introduced shortly?
The Green Paper will be followed by a White Paper, which will be followed eventually by legislation.
And then by a general election.
The Green Paper is at an advanced stage of preparation and I expect it to be published during the first half of this year.
On the forthcoming health and safety legislation, will the Taoiseach say if a section will be devoted to safety at sea and, if so, will particular reference be made to adventure sports?
There is no safety legislation promised.
I call Deputy Batt O'Keeffe.
Amending legislation has been——
Deputy Batt O'Keeffe has been called.
Given his public pronouncement on entering Government that he would give a two or three year licence to the South Coast Community Television group and that this group——
What has this to do with the Order of Business?
(Interruptions.)
That matter can be raised in some other appropriate way. Deputy Molloy.
A Cheann Comhairle——
Please resume your seat forthwith, Deputy.
On a point of order——
I will not hear a point of order.
——there is legislation promised in this area.
The Deputy did not advert to any legislation. To what legislation is he now adverting?
I understand that it will be necessary to introduce legislation to give——
That is another matter.
It was promised by the Taoiseach on entering Government.
Please, Deputy. I call Deputy Molloy.
It will cost the group £250,000 this year——
If the Deputy persists in ignoring the Chair in this fashion I will not call him again.
The end justifies the means. They got their man elected.
With regard to promised legislation in the Programme for Government and the refusal by the Department of Health to make information available regarding the batch number of a three-in-one vaccine administered to an infant in my constituency whose parents are convinced their child became handicapped after the injection——
To what legislation is the Deputy adverting?
The freedom of information legislation.
Is this legislation promised?
This legislation will require the Department of Health to make the batch number available.
The Deputy may not make a speech.
I do not want to make a speech but this is a very sad case.
Is there anything else on the Order of Business?
Freedom of information legislation is promised in the Programme for Government.
The Deputy should put down a question on the matter.
The Taoiseach should at least answer some questions.
It is promised legislation.
Obviously we are in some difficulty here. I call Deputy O'Rourke.
Can I have a reply to my question?
I cannot compel any Member of the House to speak if he or she does not want to.
The Taoiseach should be given time to find the answer in his files.
(Interruptions.)
Deputy Molloy, resume your seat forthwith.
The Taoiseach was kind enough to send me a letter about proposed legislation, and I acknowledge his courtesy. Since the Keegan case, which related to the status of the father, much disquiet has been expressed by would-be adoptive parents. May I ask the Minister for Health——
Not now, Deputy.
I got a letter from the Taoiseach.
Let us keep to promised legislation.
It is promised legislation.
If the Deputy wishes to address a question to the Minister for Health she must put it down in the ordinary way.
In that case I will put my question to the Taoiseach. When will the legislation be introduced? I am sure the Taoiseach is aware of the concern among prospective adoptive parents who do not merely want a brisk reply but who want to know when the legislation will be introduced.
That should be sufficient.
I am not in a position to add to the information conveyed to the Deputy by way of letter.
Given that he seems to have a problem with the arterial drainage Bill, would the Taoiseach be in favour of the Government Senators supporting the Private Members' Bill in the Seanad so as to expedite the matter?
I am proceeding to the business ordered.