Dáil Éireann debate -
Tuesday, 29 Apr 1997

Vol. 478 No. 4

Order of Business.

The Taoiseach

It is proposed to take No. 1, Bail Bill, 1997, amendments from the Seanad; No. 2, Equal Status Bill, 1997, amendments from the Seanad; No. 11, motion concerning the convention for the protection of the marine environment of the north-east Atlantic — the OSPAR Convention; No. 12, motion concerning the United Nations Economic Commission for Europe Convention for the Protection and Use of Transboundary Watercourses and International Lakes; No. 24, Fisheries (Amendments) Bill, 1996 [Seanad], Report and Final Stages; No. 25, Non-Fatal Offences against the Person Bill, 1997, Committee and Remaining Stages; No. 4, Licensing (Combating Drug Abuse) Bill, 1997, Second and Subsequent Stages.

It is also proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 12 midnight; the amendments from the Seanad to No. 1 shall be taken together and decided without debate by one question which shall be put from the Chair; the amendments from the Seanad to No. 2 shall be taken together and decided without debate by one question which shall be put from the Chair; Nos. 11 and 12 shall be moved and debated together and the following arrangements shall apply: first, the proceedings thereon shall be brought to a conclusion not later than 2.30 p.m. by one question which shall be put from the Chair and, should a division be demanded thereon after 2.15 p.m. it shall be postponed until after the announcement of matters on the Adjournment under Standing Order 21; second, the opening 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; third, Members may share time; and fourth, a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; Report and Final Stages of No. 24 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 6 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for the Marine; Committee and Remaining Stages of No. 25 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 9.15 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Justice; Second and Remaining Stages of No. 4 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 11.45 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments to the Bill, include only those set down or accepted by the Minister for Justice; and the Dáil, on its rising on Thursday, 1 May, shall adjourn until 2.30 p.m. on Wednesday, 7 May 1997. Private Members' Business shall be No. 60, motion No. 21 concerning the Dublin area.

An Ceann Comhairle

Is the proposal for the late sitting to 12 midnight tonight satisfactory?

Mr. B. Ahern

I do not intend to make points on all the issues because it is a very long Order of Business. Last week the Government Whip requested of Fianna Fáil and the Progressive Democrats that all this business would be taken this week on the basis, we assumed, as did everybody else, that we were wrapping up business, and we will not change that position even though there was no formal agreement. I was upset over the weekend to hear the Taoiseach and others say that we have no interest in the business. I am in favour of an orderly wind up of the 27th Dáil. I have never been in favour of rushing Bills through without adequate examination because we usually find that works against everybody in the House. On the basis that this order assists the Government in winding up business, I am happy to comply with that. However, if the Taoiseach's plan is to continue for a number of weeks and get other business through, I would not agree with that. I ask him to at least respect the Opposition in that regard.

Some of these Bills are important and I do not disagree with them, but it would not be a good idea to rush through legislation for the next few weeks. I do not say that in a contentious way, but it is proper that we deal with it. On the first question put by the Ceann Comhairle, people other than Members of this House are implicated in that decision. The staff of the House, who were here one morning last week until 3 a.m., will be here tomorrow morning and the following morning until 1 a.m. It is not fair to continue to do this. While I agree to the late sitting, I ask the Taoiseach not to abuse the goodwill of the Opposition in this way. He will have our full co-operation when dealing with important legislation, but I do not want people saying outside the House that Fianna Fáil did not provide speakers for certain legislation when the Whips agreed the basis for taking the legislation. We can complete this Dáil in an orderly fashion, otherwise there could be seven or eight votes today.

The Taoiseach

I acknowledge the Deputy's concern, but the Government has a substantial legislative programme. Many items of legislation are at an advanced stage and completing the legislation ordered for this week will make legislative time available next week to take legislation which otherwise might not be considered so soon. I am confident the arrangements for dealing with the legislation on today's Order Paper will allow a reasonable opportunity for debate and response to substantive issues raised.

An Ceann Comhairle

Is the proposal for the late sitting satisfactory and agreed? Agreed. Is the proposal to deal with No. 1 agreed? Agreed. Is the proposal to deal with No. 2 satisfactory? Agreed. Is the proposal to deal with Nos. 11 and 12 satisfactory and agreed? Agreed. Is the proposal to deal with No. 24 satisfactory and agreed? Agreed. Is the proposal to deal with No. 25 satisfactory?Agreed. Is the proposal to deal with No. 4 satisfactory?

Miss Harney

While we support this important legislation, it is not appropriate to take all Stages in two and a half hours. We invariably make mistakes when we rush legislation through the House. A two and a half hour debate is not adequate for Second, Committee and Report Stages of this legislation. It must be teased out line by line. As the Dáil will not sit next Tuesday, it should not be necessary to deal with all Stages in such a short time today.

The Taoiseach

In deference to what the Deputy said, we could take Report Stage next week. Committee Stage can be taken today and important questions raised can be considered before taking Report Stage next week.

An Ceann Comhairle

Is that satisfactory? Agreed. Is the proposal to adjourn the House until 2.30 p.m. next Wednesday agreed? Agreed.

Mr. B. Ahern

Will the Taoiseach confirm that legislation has not been proposed to deal with the restructuring of Telecom Eireann? Will he also confirm that the Government is not willing to allow the workers buy shares in the company which it was willing to sell off cheaply to foreign banks?

An Ceann Comhairle

Does this relate to legislation?

Mr. B. Ahern

It relates to the proposed legislation on the restructuring of Telecom Éireann.

The Taoiseach

It is proposed to introduce a telecommunications Bill to provide for general reform of telecommunications legislation for the liberalised market we will face when derogations expire. We expect that legislative change to be dealt with here in the second half of this year. The Government favours employee shareholdings in all companies, including Telecom Éireann. We have made provision in many Finance Bills to facilitate employee shareholding in companies. I am sure the Deputy will recollect that I was the first to promote the idea of employee shareholding in business in the 1980s.

Miss Harney

Does the Government intend to publish a Bill in the next week to provide for holding a referendum on Cabinet confidentiality?

The Taoiseach

I expect to have that Bill ready for Deputies within the next few days. It had been hoped to have it this week but it has not appeared. It has been approved by the Government and should be ready very soon.

Mr. B. Ahern

On what date will the referendum take place?

The Taoiseach

That will depend on the House. The Constitution provides that once the constitutional amendment proposal has passed the two Houses a referendum must take place within a fixed period and we will comply with that provision.

Mr. B. Ahern

When would the Taoiseach like to hold the referendum?

The Taoiseach

I would like to hold it this year. I am pleased to have been responsible for changing the Constitution to allow for the remarriage of divorced persons and I would also like, as Taoiseach, to put through legislation dealing with a referendum on excessive Cabinet confidentiality.I am sure the arrangements will be considered prudent and moderate when the legislation is introduced. I look forward to the Deputy's support in that.

Mrs. O'Rourke

That is up to the electorate.

Mr. B. Ahern

When will the House deal with the legislation to place the hepatitis C tribunal on a statutory basis? Will it be dealt with before the Dáil dissolves for a general election?

The Taoiseach

Work is continuing on a consultative basis with all the interests concerned. I hope the heads of a Bill will be available for public discussion and to the Opposition within the next 48 hours or so. We will then proceed to prepare and enact the legislation as quickly as possible.The consultative process has been worthwhile and has led to a considerable measure of consensus. I hope the heads of the Bill will demonstrate that.

Mr. M. Ahern

Some time ago I raised the matter of regulations for holding public concerts following the death of a constituent of mine in The Point. At that time the Taoiseach said a committee had been set up and a report would be published.What is the position on that?

The Taoiseach

That matter must be dealt with by regulation. The Minister of State at the Department of Education, Deputy Allen, has been working on this for some time. As this relates to regulations rather than legislation, I do not have a brief on the matter. However, I will submit the information to the Deputy.

Mr. Martin

Is the legislation on the financial bonding of third level colleges ready yet? Has the Government made any attempt to help the students of the ATC college to complete their courses?

The Taoiseach

These are two separate matters.Legislation to deal with retrospective bonding is different from legislation to deal with bonding in the future. Legislation is at the early stages of preparation regarding the bonding of third level institutions, but it will not apply retrospectively.

Mr. Martin

The Tánaiste gave a commitment some time ago on the Order of Business that "if anything could be done it would be done".

The Taoiseach

The Deputy should table a parliamentary question on the matter.

Mr. Martin

I have done that.

The Taoiseach

Reimbursing people in private commercial transactions could establish a precedent.If one reimburses people in one case, others — not necessarily in the area of education — could claim to be in a similar position.