Vol. 466 No. 6
It is proposed to take Nos. 13 — Pensions (Amendment) Bill, 1995, Order for Report Stage and 14 — Transport (Dublin Light Rail) Bill, 1996, Second Stage (Resumed). It is also proposed, not withstanding anything in Standing Orders, that the proceedings on the resumed Second Stage of No. 14, if not previously concluded, shall be brought to a conclusion at 6.45 p.m. today.
Private Members' Business shall be No. 37, motion 10 re hepatitis C.
Is the proposal for dealing with No. 14 agreed?
As we all know, a tragic event occurred since we last assembled in this House. I know I speak for all Members in condemning and deploring the murder of Detective Garda Gerry McCabe and the wounding of his colleague, Detective Garda Ben O'Sullivan as absolutely reprehensible.
We extend our sincere sympathy to their families, friends and members of the Garda Síochána.
I am sure everything is being done by the Government, the Department of Justice and the Garda to bring those who perpetrated this horrendous act to justice but, despite denials, there appears to be a strong prima facie case that this action is linked with para-militaries. Those arguments being advanced about its sanctioning or otherwise are totally irrelevant as far as my party is concerned. Whatever precise words may be used to condemn murder, all Members readily concede that their attitude to such an appalling act must be clear and unambiguous. Indeed all Members have unequivocally condemned that act in intervening days.
This awful tragedy yet again highlights that it is not credible to claim to be totally committed to the peaceful, democratic process on the one hand while, on the other, members of an associated armed organisation reserve the right to engage in violence whenever it suits them.
On behalf of my party I want to place on record — as I and a number of my colleagues have done publicly — and join other parties in extending our sympathies to the families concerned, the very least we can do. Those who perpetrated this act, those who represent them and know them owe something more than the sympathy I can express within a few moments here. It is our fervent hope that we shall not have to wait much longer to ascertain the attitude of those who can do something about eliminating a recurrence of the awful tragedy of last Friday morning.
It is appropriate that the leaders of the various parties should make statements on this matter today. If ever there was a time for flexible, meaningful rules, it is on an occasion like this. I am delighted we are being afforded that opportunity.
I extend on my own behalf and that of my party our sympathy to Detective Garda McCabe's widow, her family and friends. I also want to convey my sympathy and best wishes to Detective Garda O'Sullivan and his family.
As Deputy Bertie Ahern said, there is no room for ambivalence in relation to such issues. Anyone who falls short of condemning what happened on Friday last, the murder of a member of the Garda Síochána and the serious injury of another, cannot call themselves democrats. One is either for or against violence; there is no grey area in between.
Last weekend the Leader of Sinn Féin told us he felt cheated but the people who can rightly feel cheated are Ann McCabe, her family and the late Garda McCabe's relatives, friends and colleagues. The constitutional politicians here, in Britain, in the United States and elsewhere who have gone out of their way to bring Sinn Féin into the democratic peaceful process can also rightly feel cheated. It is time the leadership of Sinn Féin made up its mind as people are fed up with its ambivalence. It has an opportunity to ensure the restoration of the IRA ceasefire, to come into the democratic political process, to stop play acting and engaging in the political stunts we saw yesterday or be banished for all time to the political wilderness. That is Sinn Féin's choice. It is time it stopped condemning everyone else, the real condemnation we want from Sinn Féin is its condemnation of what happened last Friday. We can draw clear conclusions if it fails to do that.
I was heartened by the Taoiseach's strong words today. He is right. Every decent-minded person, not only in this House but in the country, will fully agree with him. Our heartfelt sympathy must be extended to the relatives and friends of a member of the Garda Síochána who — the first time in a decade — was murdered in the course of duty. That must make it clear to all of us that democratic politics is the way forward, that we do not want any play acting outside or inside the talks process, but compromise, reconciliation and adherence to democratic principles as the way forward.
This is a very important and serious matter although it is not entirely appropriate to the Order of Business. Does the Minister for Finance wish to intervene?
In compliance with the orders of the House I wish to express my appreciation for the support the Leader of the main Opposition Party, Deputy Ahern, and the Leader of the Progressive Democrats, Deputy Harney, have put on the record. As the House will be aware, the Taoiseach, Tánaiste and President attended the funeral of the murdered garda in Limerick yesterday. Their presence there reinforced their physical solidarity with the mourners of that city and the family and demonstrated the nation's total repugnance of the use of violence to advance any political ideal or aim, no matter how sincerely held or pungently argued. There is only one road to the future for all peoples on this island, the road of peace which is wide enough to accommodate all political stands from every political tradition on this island as we travel together. We will make no progress if the back-up of an armed paramilitary force is lurking in the shadows in the event that the process of democratic argument does not succeed in convincing one's opponents as to how best to share this island.
These two garda were engaged in normal duty which we take for granted. They were protecting taxpayers' money which was being transported through Limerick to be distributed as social welfare payments to thousands of people in that part of the country. They were shot in the course of duty, a duty that gardaí undertake daily. We have taken their duty for granted in the past and this brutal murder should bring home to us how perilous their jobs will remain as long as the ambivalence about violence prevails on this island. There can be no soft hiding place or cosy corner for the ambivalence which encouraged this type of activity. Its ultimate conclusion is the murder of servants of this State who have served us very well.
I wish to raise a separate and unrelated matter. Based on what the Minister for Finance said on today's "Morning Ireland" programme about the Gaming and Lotteries Act, will he clarify whether a legislative change or another interpretation of the existing legislation is required in this area? Those who have heard some of today's radio programmes will be aware that many trades have built up in this area. Some shops which sell Irish lottery tickets are also selling UK lottery tickets, shops which do not have a licence to sell Irish lottery tickets are selling UK lottery tickets, others are selling them through an agent for a fee and it is difficult to establish what that fee represents. I am concerned that under our legislation a large trade in the sale of such tickets will develop. If the Minister considers such retailers are operating outside the law, he should outline how it is proposed such illegal trade may be stopped. I was the first Deputy to raise this matter in the House several weeks ago because of the large trade in the sale of UK lottery tickets in Dublin city and I have been informed that this trade has increased around the country. How does the Minister intend to deal with this matter?
Is legislation promised in this area?
There was a presumption that new or amending legislation might be required, but on detailed examination that is not the case. Retailers selling lottery tickets for lotteries not authorised in this State, which includes the UK lottery, are in breach of the law. The Department of Justice has instructed the Garda to take whatever action is necessary to ensure compliance with the law.
The UK lottery took action against German lotteries which attempted to sell German lottery tickets in the UK jurisdiction. European free trade internal market provisions do not extend to national lotteries. It is a misconception to believe that because UK lottery is a European Union lottery it is subject to regulations governing the internal market and, consequently free trade. That is not the case. The almost 1,500 retailers who are selling UK lottery tickets are in breach of the law at a revenue cost to lottery proceeds of approximately £20 million.
Will the Minister for Finance indicate if the Government intends to honour the commitment in the Programme for Government to provide for the establishment of a third banking force?
Has legislation been promised in this area?
The Government is still working on its commitment to introduce reforms in that area and will bring forward proposals as soon as they are completed.
The Minister will be aware that the Supreme Court will adjudicate tomorrow on the constitutionality of the divorce referendum. If the appeal fails, does the Government intend to introduce the relevant legislation immediately? Will it be introduced during this session? Has the Government a contingency plan if the appeal succeeds?
Has legislation been promised?
I am surprised at Deputy O'Dea raising this question. He has a far greater professional knowledge of the law than I——
Thank you.
——and he knows what options will emerge following the Supreme Court judgment. The observation he would make to his students in Limerick is that first and foremost we must await the court's judgment before we make any further decision.
That judgment will be given tomorrow.
Live for the day.
Does the Government intend to introduce legislation if the appeal succeeds? It is a simple question.
Given that UK lottery tickets have been on sale here for the past 18 months, why has it taken the Government so long to form its view on this matter?
The Deputy may not debate that matter now. That question has been raised and responded to.
I tabled a question on this matter to the Minister two weeks ago and he refused to answer it.
The Deputy can deal with this question in the proper way by tabling a question on it or by some other way, but it cannot be debated on the Order of Business.
A prosecution in this regard was withdrawn from the District Court.
Given media reports that the three parties in Government have put forward proposals on local government finance, will the Minister for Finance confirm if legislation will be introduced on this area and, if so, when?
Has legislation been promised in this area?
The Government's programme, A Government of Renewal, provided for the carrying out of a detailed study on local authority finance. That study is nearly finalised and is under consideration by the Government parties. A decision has not yet been taken regarding legislative changes which may be necessary.
About four or five months ago the Government Whip gave a commitment to the House — on completion of the Price-Waterhouse review — that he would facilitate a Dáil debate and a questions and answers session with the Minister for Education on the errors uncovered on the leaving certificate art examination last year. Is the Minister in a position to give a commitment that such a debate will be facilitated prior to the summer recess? Otherwise we will not be able to have a debate until October. It would be unacceptable not to have a debate on such a fundamental issue that relates to the integrity of the public examination system for a full 12 months after the matter first arose.
I understand from my colleague, the Minister for Education that we are still awaiting the report. I am sure, if the report is available before the summer recess, a request at tomorrow night's Whips' meeting could possibly address and meet the Deputy's requirements.
