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Dáil Éireann debate -
Wednesday, 12 Nov 1997

Vol. 482 No. 6

Order of Business.

It is proposed to take No. 1 — Merchant Shipping (Commissioners of Irish Lights) Bill, 1997, Amendments from the Seanad and No. 10 — Statements regarding the Annual Report of the EU's Drug Monitoring Service. Notwithstanding anything in Standing Orders, it is also proposed that the following arrangements shall apply in relation to No. 10. The opening statement of a Minister or a Minister of State and of the main spokespersons of the Fine Gael and Labour parties shall not exceed 30 minutes in each case. The statement of any other Member called upon shall not exceed 20 minutes in each case. Members may share time and a Minister or Minister of State shall be called upon to make a statement of reply which shall not exceed 15 minutes. Private Members' Business is No. 19 — Motion re tax relief on certain corporate donations to charities. The debate will continue tomorrow.

Are the proposals for dealing with No. 10 agreed? Agreed. Is the proposal for taking Private Members' Business agreed? Agreed.

The Government legislative programme indicates that the Government will be introducing 21 items of legislation before Christmas. Is the Government on track to introduce all those items as promised or are any of them falling behind? In regard to legislation promised for after Christmas will the Taoiseach outline the current position of the Prison Service Bill which he would doubtless agree is quite urgent?

In relation to the Bills promised for before Christmas, nine have been circulated to date. I am hopeful that all bar one or two should achieve the pre-Christmas deadline. I have been monitoring the Bills in the various Departments to ensure they are published.

What Bills are falling behind?

It has been brought to my attention that there are some legal and technical difficulties in regard to the Adoption No. 2 Bill. There may be a delay with one other Bill also.

We knew months ago that there were difficulties with the Adoption No. 2 Bill.

That related to some of the countries which were being added and the manner in which that should be dealt with.

In view of the extraordinary creativity contained in the Book of Estimates which was published today — including bringing forward to December some of the payments due in January to manipulate the figures — will the Taoiseach indicate when a debate on the Estimates will take place in this House?

The Minister for Finance has been very clear about what he is doing in relation to expenditure during 1997.

Another U-turn.

The Minister for Finance is anxious to deal with this matter before the budget.

An important European summit on employment will take place on 20 and 21 November and I understand the Taoiseach, the Minister for Foreign Affairs and perhaps other Ministers will attend. In view of that, will the Taoiseach provide time early next week for a debate on that summit and the steps which must be taken to deal with unemployment — a serious problem in this State and Europe generally?

If it is possible to have such a debate on Tuesday or Wednesday subject to agreement between the Whips I would be happy to do so. I leave for the summit on Thursday morning.

The Law Reform Commission paper on the implementation of the Hague Convention on the protection of children was published in September. Has any time been set aside to debate that report? Will the Taoiseach state when the Food Safety and Quality Authority Bill will be published?

It is not normal to debate reports such as the Law Reform Commission one. Such reports are mainly intended for research and reference purposes. However, if the Deputy wants to pursue the matter he may raise it with the Whips.

It would give us something to do in the absence of legislation.

Last week the Minister for Foreign Affairs offered a debate on a partnership for peace. Will the Taoiseach arrange for the Whips to consider this debate in the near future?

Given the serious implications for jobs in the north Dublin area arising from the proposal to sell TEAM Aer Lingus, will it be necessary to introduce special legislation to allow for the sale?

It is not in order to discuss the issue on the Order of Business as such legislation is not promised.

What is the Government's attitude to the Protection of Workers (Shops) Bill, 1996?

The Minister of State at the Department of Enterprise, Trade and Employment, Deputy Kitt, has been talking to workers, IBEC and the ICTU in an effort to deal with this issue and has put forward suggestions and proposals in relation to it. It would be better if agreement could be reached voluntarily. Legislative efforts in this area have not been welcomed by the public. Some regulation is required, but the research by the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Kitt, indicates it is not possible to cherrypick in regard to this issue. If Sunday trading is banned, all Sunday trading is banned. That does not seem to be the issue put forward.

That is not true.

What about the legislation he proposed in Opposition?

The Minister has put forward proposals, both sides of industry are prepared to engage in discussions, and the matter will be debated on the Adjournment.

The Minister of State, Deputy Treacy, said the Bill was rubbish.

The Taoiseach and the Minister of State, Deputy Kitt, have uncovered a number of obstacles to the Bill initiated by the Minister of State.

He wanted us to implement it.

Is it the case that it is not the intention of Government to pursue the enactment of this Bill? Is the Kitt Bill now dead and are we engaged in talks with both sides of the industry?

Deputy Rabbitte will know from experience that legislation in this area is the last option. It is far better to try to come to an agreement.

I told Deputy Kitt that at the time.

The Bill is quite a good one, but it is not the basis on which to deal with industrial relations.

Why did he introduce it?

At least Deputy Kitt, in Government and in Opposition, identified a problem which was ignored by the last Administration.

It was not ignored.

Regarding legislation relevant to the Minister for Arts, Heritage, the Gaeltacht and the Islands, will the Taoiseach take an interest in the continuing impasse at the Collins Barracks National Museum?

This does not relate to promised legislation.

(Dublin West): Following the tragic death of James Masterson on a building site in recent days, will the Taoiseach and the Government urgently review health and safety legislation to protect the life and limb of building workers from the treacherous working conditions on many building sites and to stop the sacrifice of workers' lives to satisfy what can only be called the lust for super profits on the part of speculators and builders in Dublin? Does the Government have a legislative response to one of the biggest construction companies in this State criminally neglecting safety legislation and causing the death of workers in conditions that are similar to the bad old days of McAlpine's fusiliers? Will the building site criminals be put behind bars?

This is not a matter for the Order of Business.

(Dublin West): It has to do with promised legislation.

The Health, Safety and Welfare at Work Act, 1989, which is one of the better legislative Acts in Europe on health and safety, applies here. I have heard nobody state that it is inadequate. The problem is enforcement and compliance, and I have no doubt that the Health and Safety Authority is dealing with that matter.

What about the level of fines which was specifically criticised?

Mr. Hayes

On 18 September the Government took a wise decision, supported on all sides of the House, to establish a commission to look into the radical increase in house prices, particularly in the Dublin area. Is the Taoiseach aware that nearly two months after that Government decision, consultants have yet to be employed by the Department of the Environment and Local Government to study this matter?

That matter can be raised in other ways, but it is not in order on the Order of Business.

Mr. Hayes

It was the Government's decision and this underlines the inertia of the Government on this issue.

This is not Question Time. Only matters relevant to the Order of Business may be raised.

Matters that are relevant to the Order of Business should be answered. I asked previously about the Food, Safety and Quality Authority Bill and the date of publication. It seems to be at an early stage of drafting. Can the Taoiseach tell us when it will be published?

The Heads of the Bill have been drafted. It is expected it will be ready in late November.

Regarding forthcoming legislation in relation to digitalisation, has the interdepartmental group which was established between the former Departments of Arts, Culture and the Gaeltacht and Communications continued to meet? Will the necessary proposals be in the Broadcasting Bill, which is promised in the spring of the coming year, or will there be separate legislation from the Minister for Public Enterprise?

It is a matter for the Minister but I will ask him to give the information to the Deputy.

Has the Government any plans to introduce legislation to regulate the sale of concert tickets following an incident this weekend when the sale of tickets for an "Oasis" concert caused chaos in the city centre?

That is not a matter for the Order of Business.

I would like clarification of the Taoiseach's reply to my earlier question in which he seemed to indicate his willingness to have a debate on the issue of the jobs summit next week if it can be arranged for Tuesday or Wednesday. Is that the case?

That is the case.

Has the Government concluded its discussions on amending the Electoral Act? Will any amendments be brought to the House before Christmas or will the order signed by the former Minister come into effect in January as envisaged?

It is hoped that this legislation will be ready in December, but the matter has not yet been completed.

Can the Taoiseach indicate what specific amendments are under consideration? Will the Taoiseach follow through on the proposal to remove the funding of political parties?

That matter can be discussed when the Bill is before the House.

In view of the fact that within days of the recent accident involving wandering horses, horses are still wandering——

The Deputy will have to find another way of raising this. It is not in order now.

In view of the fact that horses are still wandering on motorways and in housing estates, despite the fact that we had a discussion on this on the Order of Business last week, will the Taoiseach bring forward a token Estimate or some procedure whereby we could review the matter in this House and ensure that the local authorities take action before there is loss of life or serious damage?

I am sure that issue will come up in the general Estimates debate. This matter was discussed on the Order of Business last Thursday when I was asked if I would try to ensure that various outstanding issues would be dealt with. I did that the following day. For the information of the House, it has been open to local authorities to use their various powers to deal with wandering horses since 18 March last. The regulations mentioned by a number of Deputies were introduced on 24 April last. As to the supply of microchips which I stated was still outstanding, I have subsequently been informed that that matter was cleared with the local authorities on 24 September last. All issues have been dealt with. I asked the Minister to arrange for his officials to meet the four Dublin local authorities with a view to ensuring progress. The legislation was passed in the House, contrary to what was said last week. The regulations contained therein have been enacted and signed by the relevant Ministers and have been in place for a number of months. It is now a matter of enforcement by local authorities.

The Government is not doing so.

It is up to the members of the local authorities.

Is that not the reason they should be asked to implement the legislation?

Deputy Mitchell, this matter was discussed last week. We cannot have a detailed discussion.

If the legislation is not implemented there will be another accident.

It is up to the members of the local authorities. The Deputy should ask his local authority members to do so.

When is it intended to publish the oil pollution of the sea Bill?

It will be published between Christmas and Easter.

When does the Taoiseach expect the traveller accommodation Bill to be published?

It should be published in the next few weeks.

What are the Taoiseach's intentions in regard to the full implementation of the Refugee Act?

I have informed the House on a number of occasions that it is a matter for the Minister of Justice. He has spelt out on at least two occasions during Question Time the implementation of the Act and the difficulties he has regarding some of its sections.

What does he do?

Nothing.

He is never present.

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