It is proposed to take Nos. 5, 6, 7, 13, 14 and 15. It is also proposed, notwithstanding anything in Standing Orders, that (1) Nos. 5, 6 and 7 shall be decided without debate and (2) Private Members' Business shall be No. 18 and the proceedings thereon shall be brought to a conclusion at 8.30 p.m.
Order of Business.
Are the proposals that Nos. 5, 6 and 7 shall be decided without debate satisfactory and agreed? Agreed. Is the proposal that Private Members' Business, No. 18, be brought to a conclusion at 8.30 p.m. satisfactory and agreed? Agreed.
Does the Government intend to introduce legislation on sentencing for sexual offences?
I would prefer if the legislation had been referred to and proposed in the House.
Everyone is aware of the matter to which the Deputy refers. The Government has not had an opportunity to consider a review of legislation in relation to sentencing. I remind the Deputy that under the present law the maximum sentence for rape under common law is life and the maximum sentence for unlawful carnal knowledge of a girl under 15, under section 1 of the Criminal Law (Amendment) Act, 1935, is also life. Having had discussions with the Minister for Justice we will consider the implications of yesterday's case. The maximum sentence permissible for various offences is life and this is a matter for which existing law provides. We will consider the implications of yesterday's decision on sentencing policy.
By the time the Chair calls me things are usually out of order. Will the Government consider the Law Reform Commission report on sentencing, not just in relation to the decision yesterday but generally, with a view to responding to it?
On 25 March 1993 the Law Reform Commission issued a consultation paper on sentencing. It sets out the Commission's preliminary proposals and will be considered fully by the Department of Justice and the Government when it is available. I understand the Commission intends to publish the report towards the end of this year.
Regarding promised legislation, what progress has been made on the code of practice for industrial disputes, particularly those which affect the emergency services? The nursing staff of the Mater Hospital are taking serious action.
The Deputy may not under the pretence of raising promised legislation advert to something else.
This is a serious matter; the Minister for Health last week assured me there was no problem with raising this by way of parliamentary question.
Deputy Callely, it is so serious it should be dealt with in the proper, formal manner.
I am raising this under promised legislation.
The Deputy will resume his seat forthwith. The Deputy is raising a separate matter altogether.
I am asking under promised legislation——
If the Deputy persists in arguing with me, he will have to leave the House.
Under promised legislation on the proposed referendum on bail, in view of the reports in this morning's papers in regard to what happened at the Cabinet meeting yesterday, would the Tánaiste say whether the Government has changed its opinion on whether such a referendum will be held in conjunction with that on divorce?
The position on bail and the consideration it will receive by the Government has not changed from what I outlined in the House yesterday.
Perhaps the Tánaiste would elaborate on item No. 6, the motion on Double Taxation with the United Kingdom, proposed to be taken without debate — since this is an issue important in Border counties?
I am aware of the complicated matter to which the Deputy refers in relation to residency North or South of the Border. It is not covered by the motion before us today but is being studied in the Department of Finance, which Department will come back to us on it.
Under promised legislation, will the Tánaiste say what is the position on the votes for emigrants Bill? Will the Government make any contribution to the national collection for emigrants to take place nationwide on Friday next?
Please, Deputy, let us not lower the stature of our business.
There is promised legislation and some money was promised as well.
In reply to the first part of the question, which I take to be in order, authority was given to the Minister for the Environment to draft legislation. He will come back to Government on the matter shortly. On collections, I am sure Deputy Michael Kitt and other Deputies will make a contribution in due course.
Will the Tánaiste say what is the precise position of the Court and Court Officers Bill?
Is the Deputy asking when this Bill will be introduced?
Yes.
The matter is being reviewed by the Government.
Will the Government make the appointments before or after?
The Government is reviewing the position.
Can the Tánaiste indicate when the Minister for mitching will introduce the School Attendance (Amendment) Bill?
That was very offensive to the Minister.
(Interruptions.)
Despite the Deputy's disparaging remarks, the School Attendance (Amendment) Bill is at present under consideration.
In view of the announcement by the Minister for Social Welfare the other day, will the Tánaiste say whether any legislation will be needed, or are we to believe a crock of gold has been found at the end of the rainbow?
It is unlikely that I could ever lead Deputy Ó Cuív to the end of the rainbow. On the announcement by the Minister for Social Welfare on behalf of the Government, legislation will not be necessary.
Arising from the Tánaiste's reply to Deputy Kirk, can he inform us whether the Minister for Finance will include any provision in the Finance Bill to deal with the problems he has admitted this double taxation agreement has caused cross-Border workers? This has become a major issue and will considerably affect future development in Border areas.
On the Court and Court Officers Bill since the Tánaiste was one of its authors, will he say whether he is having some difficulty with some of his Coalition partners in relation to it?
Read our programme for Government.
To put Deputy O'Donoghue in good form for the holiday weekend, I am getting on very well, and harmoniously, with my Coalition partners.
(Interruptions.)
The Tánaiste intimated that he wished to reply to the question——
I am sorry, Deputy Ellis, we cannot debate the matter now.
I am not seeking a debate, I want to know whether there will be any provision in the forthcoming Finance Bill to deal with the problem to which Deputy Kirk and I referred?
Perhaps the Deputy would put down a question on the matter.