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Dáil Éireann debate -
Tuesday, 2 Apr 1996

Vol. 463 No. 6

Order of Business.

It is proposed to take No. 13, Statements on the European Council in Turin; No. 7, motion regarding the Criminal Justice Act, 1994 (Section 44) Regulations, 1996; No. 14, Pensions (Amendment) Bill, 1995— Second Stage (resumed) and No. 1, Irish Steel Limited Bill, 1996 — Second Stage. It is also proposed, notwithstanding anything in Standing Orders, that; (1) Statements on the European Council shall conclude within one hour; shall be confined to the Taoiseach, the main spokespersons for the Fianna Fáil Party and the Progressive Democrats Party and the Tánaiste and Minister for Foreign Affairs who shall be called upon in that order and shall not exceed 15 minutes in each case; (2), the proceedings on No. 7 shall be brought to a conclusion within one hour or at 7 p.m. whichever is the earlier and the following arrangements shall apply: (i) the speech of a Minister or Minister of State; of the main spokespersons for the Fianna Fáil Party and the Progressive Democrats Party and of each other Member called upon shall not exceed ten minutes in each case; (ii) Members may share time; and (iii) a Minister or Minister of State shall be called upon to make a speech in reply not exceeding five minutes. Private Members' Business shall be No. 35, motion 9, regarding the Minister for Arts, Culture and the Gaeltacht.

Are the proposals for dealing with item No. 13 satisfactory and agreed? Agreed. Are the proposals for dealing with item No. 7 satisfactory and agreed? Agreed.

I raised the matter of the inland waterways authority some months ago and the Taoiseach stated it was a decision which arose from the transfer of the heritage department from the Office of Public Works to the Department of Arts, Culture and the Gaeltacht. I understood from correspondence with the Taoiseach that a steering group was set up and the matter was reported to Government last month. Is legislation still envisaged in this area and, if so, when will it be brought before the House?

I understand that recommendations on that matter will come to Government shortly.

This important matter has been allowed to drift for 15 months. A commitment was given in A Government of Renewal and the matter is causing great stress and concern not only to those working in the area in Government Departments but to those involved in various organisations. It would help if the matter were expedited.

The matter will come to Government shortly. It is not clear if legislation is required and I cannot give any indications on that until the report has been considered. I note the concern expressed by the Deputy.

Where do the heritage functions legally lie? Are they the responsibility of the Office of Public Works under the Minister for Finance, Deputy Quinn, or the Department of Arts, Culture and the Gaeltacht under the Minister, Deputy Higgins?

In fairness to myself and the Deputy and recalling that were I to reply to questions of that nature without notice I might be accused by Deputies of giving incomplete information which could be described as misleading, it would be better not to offer a legal interpretation in response to this question. I will make inquiries and will revert to the Deputy on the matter. This area will be the subject of early Government consideration and if there are doubts about the present position they will be resolved then.

In view of the current controversy involving the chairman of the Independent Radio and Television Commission and the Taoiseach's comments of last evening, does he intend bringing forward legislation or publishing regulations outlining the guidelines for members of State bodies on political fund raising?

Legislation is not promised on that matter, but any representations in that regard will be considered.

Has the Taoiseach plans to amend the Broadcasting Act to prohibit fund raising for political parties by members of the Independent Radio and Television Commission, particularly the chairman who exercises a quasi-judicial function under that legislation?

There are no indications in the Programme for Government or in any other statement made here of plans to amend that or any other legislation in regard to the matter referred to by the Deputy. As I indicated to Deputy Harney, if representations are made on amendment of legislation, such representations will be considered carefully by the Government.

Will the Taoiseach tell the House why he pre-empted a statement which his partners in Government, particularly the Labour Party, were about to make on that matter? Has he agreed on this course of action with his partners in Government or is he acting unilaterally?

We should not anticipate the debate that will be forthcoming this evening.

I seek your advice, a Leas-Cheann Comhairle. I tabled a Private Notice Question to the Minister for Defence today concerning his visit to Cyprus on St. Patrick's Day when an incident occurred involving him and a garda which resulted in the garda being ordered home from his peacekeeping duties, but the question was ruled out of order. What channels are open to me as a public representative to question the Minister in this House on why this young man was ordered home from Cyprus and what role the Minister played in it?

The Deputy may have been informed that the repatriation of gardaí is an operational matter for the Garda Commissioner and not for this House.

A young man's career is at stake.

The Deputy may not pursue the matter now.

Let the Minister withdraw——

The Deputy should ask Deputy McCreevy about the matter because he made a phone call about it.

The Taoiseach said he would welcome proposals for legislation in respect of the control of fund raising by people holding certain public office. In the meantime is this House to proceed on the basis that anybody is free to raise money for the Labour Party regardless of the office he or she holds? Is that the position of the Government?

The Deputy is anticipating a debate that will take place this evening and tomorrow.

Does the Taoiseach agree with the secretary of the Labour Party that the behaviour of the Minister for Arts, Culture and the Gaeltacht, Deputy Higgins, is not acceptable?

The Deputy should not proceed with that matter now.

On the topical issue of standards in Government and mindful of the Taoiseach's view that Niall Stokes should not suffer for his lapse in standards, will the Taoiseach ensure that the young garda who was sent home from Cyprus is treated with similar understanding by his over-tired and overawed Minister?

We have already dealt with that matter.

Given that the Minister for the Environment leaked half his colleague's new forestry document last night, will the Taoiseach say when that document will be made available to the House? Will he arrange for time to be made available after the Easter recess to debate it as it will have far-reaching effects on this country? I presume this is a further example of partnership.

I will be guided by the Chair on whether this is a matter for the Order of Business. My understanding is that planning legislation concerning forestry, or indeed any other development, is the responsibility of the Minister for the Environment and therefore it is an entirely proper matter for him to address.

He cannot see the wood for the trees.

The Deputy should be working in his constituency today.

Has the Government plans to ensure that in accordance with the objectives of the White Paper on Education the Minister for Education will become more proactive in improving her relationship with the teacher unions and become involved in resolving the ongoing dispute?

To facilitate a full debate this evening, will the Taoiseach ensure the full list of names and addresses of those in the arts, film and broadcasting world who received letters bearing the names of Mr. Stokes and Mr. O'Driscoll is laid in the Oireachtas Library?

——and every letter written by the Progressive Democrats.

Since the Taoiseach appears to apply different standards of accountability to Ministers in other parties in Government from those applying to his own Ministers, was he sent by the Tánaiste to make the statement——

That is not a matter for the Order of Business.

Last week I asked the Taoiseach about the Telecom Bill and put it to him that a serious political and financial mistake was about to be made. Perhaps he has had time to reflect on the matter and, if so, will he intervene to prevent a very serious political and financial error, that is the sale of one-third of Telecom Éireann at a knock-down price, £200 million below the value of that company? Will the Taoiseach review the matter urgently? This is potentially a very serious political and financial scandal. In view of the information I have repeatedly given the Taoiseach, which is very serious and needs attention, is he proceeding with that legislation?

The legislation in question is concerned with making provision for a strategic alliance and also updating all regulatory provisions in the sector to reflect the new regulatory environment in the European Union, which has introduced a considerable degree of competition over and above that which previously obtained. It will also provide for regulation of the sector generally. I expect the comprehensive legislation which deals with a range of matters will be ready for presentation to the House at the end of this year. That is the information I gave the Deputy when he last raised the matter and I am happy to repeat it today.

The Taoiseach is going ahead with this scandal.

In so far as the Deputy has questions about policy or commercial decisions——

I am talking about £200 million.

——I respectfully submit they are not matters appropriate to the Order of Business. It is more appropriate for the Deputy to raise those matters in the normal way either by means of motion or parliamentary question.

If the Taoiseach's Government stands over this, he will regret it.

Did the Taoiseach save the Minister for Arts, Culture and the Gaeltacht, Deputy Higgins, from being dismissed from the Government because of the statement yesterday by the former Leader of Fine Gael, Deputy Dukes?

That matter is not appropriate now.

In view of the Taoiseach's commitment to run his Government as if it were behind a pane of glass, and his commitment to openness and accountability, will he ensure that the list of names of those persons in the arts, broadcasting and film worlds, who were sent letters bearing the names of Mr. Stokes and Mr. O'Driscoll, is laid before the Oireachtas?

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