It is proposed to take No. 13, Transport (Dublin Light Rail) Bill, 1996, Second Stage (Resumed). It is also proposed notwithstanding anything in Standing Orders, that Private Members' Business shall also be taken tomorrow between 12 noon and 1.30 p.m. and the proceedings thereon shall be brought to a conclusion at 1.30 p.m. tomorrow. Private Members' Business shall be No. 36, motion No. 12, motion re tourism.
Order of Business.
Are the proposals for dealing with Private Members' Business agreed? Agreed.
Does the Government, in its capacity as incoming President, have an initiative to try to resolve the beef crisis, with particular regard to the United Kingdom? It was reported in the newspapers that in yesterday's deliberations with Chancellor Kohl the Government was unable to put forward a resolution on the issue. Will the Taoiseach who, I am sure, had a resolution clarify the matter?
The matter is not strictly in order, but does the Taoiseach wish to respond?
When I answer questions next week on my meeting with Chancellor Kohl the Deputy will be afforded an opportunity to put any questions he wishes about the matter. That might be the best way of dealing with it.
The blocking of EU business is a matter of great concern. It is not appropriate for any country to adopt such an approach as it politicises an issue which is not political but one of restoring consumer confidence on the basis of good solid scientific information and reassurance. Rather than emphasising its political character the British Government should emphasise the consumer character of the issue and seek to address consumer concerns in a meaningful way. The European Union should assist Britain in any way possible to provide the necessary reassurance to consumers. That would be a more moderate and effective approach than unduly politicising the issue. I regret this is the approach being adopted by the British Government.
When will we see the legislation dealing with criminal insanity?
That matter will come before the Cabinet very soon. We expect the publication date to be the second half of the year but we will be examining the heads of the Bill very soon.
A newspaper report today suggested the Bill will be published either today or tomorrow and that it will be finalised by the Cabinet today. Is that not the case?
Deputy Ahern quoted newspaper reports also.
I realise the Taoiseach has been away.
Not wishing to show any disrespect for newspaper reports——
It has to come from somewhere.
Does the Taoiseach think they dream them up?
I do not believe that either — there is never smoke without fire.
The report actually stated it was six months earlier than expected.
The position is that a Bill goes through two stages of consideration at Cabinet. The first stage is the consideration of the heads of the Bill and when the heads have been approved, drafting proceeds. We are at the point currently where the heads of the Bill, which basically outline the policy decisions, are shortly to be considered by Cabinet. The Bill itself, which will require substantial drafting, will not be ready until later this year.
Regarding the programme for Government which sets out the fiscal parameters within which the Government must work and which it has ignored for the past two years, will the Taoiseach outline the changes that will now take place having regard to the statement in the past few days by the Minister for Finance to the effect that we must slow down the rate of increase in public expenditure? Are changes proposed in the programme for Government regarding the financial targets for next year?
I am surprised at the Deputy asking that question. The Government has slowed down the growth in public spending from the astronomical rate of growth which obtained when the Deputy was in office.
The Minister said we must slow down the rate of growth. I agree with him in that regard.
May I ask the Taoiseach about a Bill which has already gone through Second Stage in the House? I understood the Bill would be referred to the Attorney General's office for consideration. On Thursday I was informed by our Whip's office, following a meeting of the Whips, that the Bill would be returned here shortly. On Friday I read in a newspaper that the Bill was on the back burner; on Monday I read that the Bill would be revamped and on Tuesday I heard there was great conflict with regard to the Bill. Will the Taoiseach outline the position with regard to the Electoral Bill?
The position with regard to the Electoral Bill is that the Attorney General has furnished some advice on the Bill which was drafted prior to a recent Supreme Court decision. The Attorney General has provided advice in regard to the new constitutional interpretation, made by the Supreme Court in a related area, and the implications of that decision for the content of the Bill and whether amendments would be appropriate. That advice from the Attorney General is currently being considered.
Arising out of Deputy Ahern's question, is it the case that the Government has not come to a conclusion one way or the other on the Attorney General's advice? May I ask the Taoiseach another question in relation to his earlier reply about the criminal law of insanity? As I understand the position — perhaps I am wrong — approximately 18 years ago the chief parliamentary draftsman, a Mr. Justice Henchy, provided the Government with a fully drafted Bill appended to a report. I cannot understand the reason the heads of the Bill are only now being presented to the Cabinet for inspection.
Is this in relation to promised legislation?
We are getting very good advice from the back benches. At one stage the Deputy did not act on this legislation when it was available to him.
I was not on the back benches then.
In fact he was outside the House entirely providing even better advice. Perhaps that is the best location for the Deputy.
(Interruptions.)
Does the Taoiseach know who last said that?
It was said in all charity, as Deputy Harney will appreciate. I would like to assist Deputy McDowell in the matter.
The last man who said that was gone from his job in six months.
I am very humble in my expectations.
The Taoiseach has a lot to be humble about.
I am aware previous work was done on the insanity legislation and that it was brought to a fairly advanced stage but not pursued vigorcessive Governments for whatever reason. It is now being pursued vigorously. The heads of the Bill are currently before the Cabinet. Obviously in the drafting of the Bill previous work of the kind referred to by the Deputy will be drawn upon.
The Electoral Bill is before the Select Committee on Finance and General Affairs which has been considering it for some time. Will the Taoiseach agree to allow the Attorney General give to the committee the advice he gave to the Government? The question must be asked whether the advice makes the entire Bill null and void or if it is possible to amend it. Has the whole principle of the Bill been altered? These questions could be resolved by the committee if that advice were given to it tomorrow.
The Deputy will be aware from his experience that the Attorney General is the adviser to the Government and, therefore, it would not be appropriate——
This week he is, last week he was not.
——for the Attorney to present advice to other entities. The Government will consider the advice, however, and in so far as any of the content of the advice of a legal nature is relevant to the decisions taken by the Government, that legal argumentation will be made available to those interested in it at the appropriate time. That has been done before and I see no difficulty in doing it again but in terms of the actual presentation, the advice of an Attorney General is presented to the Government, not to anyone else.
Is it the intention of the Government to return this Bill to the committee this session?
That matter can best be answered when the Government has considered the advice of the Attorney General. It is currently under consideration.
Will the Taoiseach confirm that he has received representations from Prime Minister Major in regard to Minister Yates's handling of the BSE crisis? What impact has the mishandling of the crisis had on our relations with the UK and our forthcoming Presidency?
We may not proceed with that matter.
I am glad Her Majesty's Government has found a new spokesman.
Will the Taoiseach accept that for the State to fund election campaigns it would require, in the light of the McKenna judgment, a referendum on the Constitution?
The purpose of the Attorney General's advice inter alia would be to address matters of that nature. Before the Government has considered that advice it would be entirely inappropriate for me, despite my extensive studies of law and the Constitution, to attempt to present any advice to the Deputy on that matter.
What was the spin doctor spinning last Friday?
On promised legislation, some time ago the Minister of State, Deputy Rabbitte, stated in this House that the cost of money was very expensive and that we should change the money transmission system. Has the Government any plans to introduce legislation in that regard?
Is legislation promised in this regard?
I understand that matter is to be dealt with in Central Bank legislation which is currently being prepared.
At what stage is that legislation? Will it be published before the next election? Will it be published before the Fine Gael Ard-Fheis?
It will be published well before the next election. I expect the legislation will be available in the second half of this year and I look forward to the Deputy's contribution on the Bill.