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Dáil Éireann debate -
Tuesday, 20 Jun 1995

Vol. 454 No. 6

Order of Business.

It is proposed to take Nos. 5, 16 and 6. It is also proposed, notwithstanding anything in Standing Orders, that the following arrangements shall apply in relation to No. 5: the opening speech of a Minister or Minister of State and of the main spokespersons for the Fianna Fáil Party and the Progressive Democrats shall not exceed 45 minutes in each case; the speech of each other Member called upon shall not exceed 20 minutes in each case; Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply. Private Members' Business shall be No. 30.

Are the proposals for dealing with No. 5 agreed? Agreed.

Under appendix B of Bills to be published this session the Taoiseach gave several commitments to publish the Privilege and Compellability of Witnesses Bill but did not get around to doing so. I note the ongoing argument between the Taoiseach and the Attorney General about responsibility for these matters. Will the Taoiseach say whether at the lunch today a decision was taken on that matter? Since he takes the view that the Attorney General is independent why did he not take that view last October and November?

Work is proceeding on the Privilege and Compellability of Witnesses Bill, which has significant implications for public administration and the constitutional rights of various office holders. That legislation which requires great care will, presumably, be in force for many years. The legislation was promised as far back as 1970 by a previous Government but was not introduced in the meantime. It is appropriate that the Government should take all the care necessary to ensure the legislation is consistent with the Constitution and that we have a smooth running and efficient public administration.

I remind the Taoiseach that the previous Government, of which the Tánaiste was a member, successfully dealt with the argument about the independence of the Governor of the Central Bank and decided that he would report to a committee of this House. Is the Taoiseach still committed to the Programme for Government in that officers such as the DPP, the Governor of the Central Bank and the Attorney General, who is responsible to the Taoiseach in the first instance, will answer to committees of this House?

The Government and all its constituent parts, including myself, are committed in full to the Programme for Government.

Will the Taoiseach introduce the legislation so that these officers will answer to committees of this House?

The legislation will be introduced when it is ready and the Deputy will receive answers to all his questions at that stage.

The Bill was completed six months ago.

It was promised two years ago.

Given that the Taoiseach said the Government would be so transparent it would be like a pane of glass, he is not very forthcoming today. Will the legislation on compellability of witnesses be introduced before the summer recess?

Probably, but it is not certain.

Will the Taoiseach agree there is a difference between independence and accountability? The Attorney General and others can be made accountable without prejudicing their independence.

It is important to recognise that the issue we are talking about is not accountability but compellability. Compellability trenches on independence, as anybody who understands the dictionary definition of both words will know. Clearly it is an issue that will have to be sorted out.

When in Opposition the Taoiseach requested that it be sorted out.

The independent constitutional functions of the Attorney General and the separation of powers are being dealt with at present by the Government and I have no doubt we will come up with a satisfactory solution to all these issues soon.

Surely the Taoiseach will agree you cannot make somebody accountable if you cannot ask them questions.

We cannot proceed with that matter now.

Under the Programme for Government a commitment was given for a major extension of the powers of the Ombudsman. When will legislation in that regard be introduced?

I do not have the information readily to hand but I will make inquiries about the matter.

Will the Taoiseach say whether the decision to abandon or defer the building of two new prisons will have an effect on the implementation of the Transfer of Sentenced Persons Bill?

That matter does not arise now. It can be dealt with in many other ways.

Committee Stage of that Bill was passed today.

I will hear no comment on the matter from either side of the House.

Will the Taoiseach say when legislation will be introduced to regulate private education to ensure proper educational standards, consumer protection and employees' rights?

The legislation is at an early stage of preparation. It is not possible at this stage to say when it will be introduced.

In the Programme for Government there is a commitment to initiate an intergovernmental conference on the Irish Sea. Will the Taoiseach say what is the position in that regard, particularly in view of the proposed dumping of an oil rig off the Irish coast?

That is a separate matter.

It is in the Programme for Government.

No legislation has been promised.

When in Opposition the Taoiseach was a great proponent of meeting commitments in the Programme for Government but he will not answer questions on it now.

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