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Dáil Éireann debate -
Wednesday, 24 Apr 1996

Vol. 464 No. 4

Order of Business.

It is proposed to take Nos. 12 and 13, Financial Resolutions re Finance Bill, 1996; No. 15, Irish Steel Limited Bill, 1996 [Seanad] — Second Stage (resumed); No. 16, Metrology Bill, 1996 — Second Stage (resumed); No. 17, Statements on the Report of the Task Force on the Travelling Community (resumed). It is also proposed, notwithstanding anything in Standing Orders, that: (1) Nos. 12 and 13 shall be moved together and decided without debate by one question which shall be put from the Chair; and (2) Private Members' Business shall be No. 28 — motion re Dublin Light Rail, and the proceedings thereon shall be brought to a conclusion at 8.30 p.m. tonight.

Is the proposal for dealing with items Nos. 12 and 13 satisfactory? Agreed. In respect of Private Members' Business which is to conclude at 8.30 p.m., is the proposal agreed? Agreed.

Since the Government has expressed some urgency about item No. 15 we on this side of the House agree to take all Stages of that Bill this morning.

I welcome the fact that the criminal insanity Bill will be brought forward, as stated yesterday by the Minister for Justice. Will the Taoiseach assure the House and the public that those who are not covered — we all understand the difficulties with retrospective legislation and I am not asking for such legislation — those whom the advisory group considers could create difficulties for the public, will be dealt with by way of Protocol or some other arrangement? There is grave concern about some of the cases that may be outside the remit of the legislation. Is the Taoiseach, the Attorney General or the advisory committee considering this matter and will provision be made in the legislation to cover those cases?

That matter was raised on the Adjournment last evening.

The Government is concerned about and considering very carefully all these matters. Protocols cannot override pre-existing statutory or common law rights.

Will these cases, some of which are imminent, be dealt with in the legislation or will they be dealt with in advance of the legislation?

The matter is being considered on an ongoing basis in light of current concerns and that is done independently of any prospective legislation. It is important to recognise that it is not possible to affect pre-existing statutory rights retroactively by statute or Protocol.

A Bill on criminal insanity was moved in this House almost two years ago but was voted down. We should learn lessons from that and be less keen to vote down Private Members' Bills. On the ongoing controversy surrounding Goldenbridge orphanage, does the Taoiseach accept it is not good enough that the only inquiry into this case has been carried out by RTE? Is there an official inquiry into this matter?

That is not an appropriate matter for the Order of Business. The procedures for the Order of Business provide for answers in regard to promised legislation and there is no promised legislation on that issue. In a matter of such importance affecting the lives of so many people, an off-the-cuff approach should not be adopted. It is important that careful consideration be given to any suggestion on this matter. Raising the issue, therefore, on the Order of Business without notice is not necessarily the best way of approaching it.

This matter was raised on the Order of Business a number of weeks ago and, as the Taoiseach knows, many matters of public interest are raised on the Order of Business. Last week, I raised the issue of the bomb in London and the Taoiseach responded on that occasion. If a matter is in the public arena and if there is a major controversy surrounding it, it is important that there is some official response from the Government and that we do not leave the entire response to the media.

Yes, but there are also procedures governing the business of this House to which we must strive earnestly to adhere.

Is the Government deliberately taking an anti-European attitude and why is the Minister for Transport, Energy and Communications or the Minister of State not prepared to attend the European transport conference in Kilkenny next Friday at which a major initiative will be launched and which will be attended by other European transport Ministers?

That matter is not relevant to the Order of Business.

This is an important matter and it is a great embarrassment that the Ministers will not be in attendance.

The Taoiseach will be aware that the Punchestown festival opened yesterday. Serious concern has been expressed at the loss of the opportunity to hold the world equestrian games here. Many people had put a great deal of effort into the preparation for these games. Does it remain the wish of the Government that these games be held in some other country?

That matter was the subject of discussion in this House.

It is a serious issue.

It may be a serious issue.

That matter was raised on the Adjournment. The Deputy should have come into the House for it.

Will the Taoiseach intervene with the Minister for Health in relation to the Donlon case in Galway. This case concerns a severely mentally handicapped child for whom residential care cannot be found because of insufficient funding to the Western Health Board.

Deputy Moffatt must raise that matter in another way. The Chair will be glad to assist him in raising it at an appropriate time.

I want to raise the issue of insufficient funding for mentally handicapped people in general.

In the context of current arrangements in place whereby people are found guilty but insane, will the Government instruct the advisory committee to stringently examine these cases before advising the Government that an individual should be released, and will he advise the advisory committee of its possible liability——

We cannot debate this matter now. It has already been adverted to out of order. The matter was raised last night and it should not be repeated again this morning.

——and the possible liability of the State?

In light of the inadequacy of the Minister's response, will the Taoiseach give the public——

I have ruled on that matter, Deputy.

——some reassurance in that regard?

Has the Taoiseach had time overnight to consider the request made from this side of the House yesterday that the Minister for Transport, Energy and Communications give a comprehensive report to the House on all matters relating to the allocation of the second mobile telephone licence, particularly those aspects regarding the European Union? May we arrange a debate for this week?

I have considered the matter. The Minister has already reported extensively and repeatedly to the Dáil on this matter. He is, however, happy to come before the Dáil and give this information again next Tuesday, if that can be agreed on the basis suggested by the Deputy. The Minister is also willing to provide a short period for him to answer questions after he has made his original statement. I want to stress two points. The Minister has already reported extensively to the House on this matter and has answered all questions put to him within the limits of the confidentiality arrangements entered into and agreed before the process opened. It is important for people to recognise that this confidentiality must be respected both from the point of view of the successful and the unsuccessful bidders. It would not be appropriate for information affecting individual bidders to become a matter of public discussion and knowledge. That would be unfair to the bidders concerned and would represent a retrospective change in the conditions upon which they made their original bids. The Minister will not answer questions nor will he voluntarily disclose information that contradicts the confidentiality arrangements freely entered into by those who participated in this competition.

I thank the Taoiseach for his reply. We will honour the arrangements to which I referred. I am not particularly interested in the confidentiality aspect of this matter. I fully understand what is written in contract law and what must be followed in that regard, but the allegations and innuendo relate more to what happened in the European Union and the relationship between the Minister's office——

The Deputy must not elaborate now.

If the reason they changed the decisions were explained, we could move on from this issue.

What action does the Taoiseach propose to take to alleviate the crisis in the Irish beef industry whereby many farmers cannot dispose of their livestock because factories are not in a position——

I am moving on to items Nos. 12 and 13. The Minister for the Environment to move the financial resolutions.

This is a real crisis but the Minister is not identifying with it and I appeal to him to do something to help Irish farmers.

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