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Dáil Éireann debate -
Thursday, 13 Nov 1997

Vol. 482 No. 7

Order of Business.

It is proposed to take No. 6a, motion regarding the First Report of the Standing sub-Committee on Dáil Reform on Establishment of Committees in the 28th Dáil; No. 6b, motion regarding Standing Order 78; and No. 10, statements regarding the Annual Report of the EU's Drug Monitoring Service (resumed). Notwithstanding anything in Standing Orders, it is proposed that Nos. 6a and 6b shall be decided without debate. Private Members' Business shall be No. 19, motion regarding tax relief on certain corporate donations to charities (resumed). It shall be taken on the conclusion of No. 6b.

Are the proposals for dealing with Nos. 6a and 6b agreed to?

On a point of clarification, will the Taoiseach or the Chief Whip confirm that in respect of No. 6a we are agreeing to the establishment of the committee but not necessarily its exact composition or the Members who will serve on it?

That is correct. I understand the Whips are discussing the names and the various officer positions of these committees. Those are not yet agreed.

Thank you.

Are the proposals for dealing with Nos. 6a and 6b agreed to? Agreed. Is the proposal for taking Private Members' Business agreed to? Agreed.

In view of the fact that the Ombudsman has found that regulations governing subventions for the support of elderly people in private nursing homes are not based on legislation and may, therefore, not have appropriate effect and be discriminatory, does the Government plan to introduce legislation to provide a proper and fair legal basis to support the care of elderly people in residential care?

In light of the Ombudsman's report this matter is being reviewed by the Government to ascertain what changes need to be made. The care of the elderly is an important issue and we may have to introduce legislative changes to deal with that.

Does the Taoiseach agree that there are lessons to be learned here about introducing regulations which do not have a proper statutory basis? The Government must obviously respect the rule of law in its own actions. The Department of Health should consider whether it should review all regulations and ensure they are put on a proper statutory base in light of the Ombudsman's finding.

The Minister of State at the Department of Health and Children, Deputy Moffatt, made a lengthy statement on this issue yesterday in conjunction with the Nursing Homes Association. I reiterate that this matter will be reviewed. It is proper that regulations be based on what is laid down in legislation. If that is not the case, such regulations do not stand and it is far better to have appropriate legislation. The matter will be reviewed and the Minister will report to the House in due course.

In view of the near debacle of the Cabinet confidentiality referendum, has the Taoiseach considered my proposal for an informal all-party committee to examine how low turnouts for referenda and elections can be addressed by this House? I am aware that the Taoiseach indicated some other committee might address the issue. Given that a referendum on the serious matter of the Amsterdam Treaty is due to take place in March, will the Taoiseach indicate his thinking on that issue? What steps is the Government taking to inform the public of the contents of the Amsterdam Treaty given that, once the referendum is under way, the Government will be severely restricted in the amount of information and expenditure it will be able to undertake?

This issue was discussed at length during Question Time yesterday. The All-Party Committee on the Constitution has already commenced its meetings and has started to discuss this issue. Perhaps that committee and/or the environmental committee which is due to be set up next week could examine the issue of referenda. The Minister for the Environment has already started to look at means of ensuring that various referenda are dealt with in such a way that we can use the resources of the State to ensure that when we want to pass something we have some control over that. The argument was made yesterday by one of the Deputy's colleagues that the way in which we are doing this, based on the Supreme Court decision, is not the best one. All of those matters should be examined by the two committees.

In relation to the referendum on the Amsterdam Treaty, a White Paper on the subject will hopefully be ready prior to Christmas. I have already stated that it is hoped to have the referendum early in the spring.

In view of the publication of the Estimates, where have the Progressive Democrats been buried?

(Dublin West): Will the Taoiseach find a means to correct the record of the Dáil in relation to the tragic events at Ballyseedy in 1923?

This matter does not arise on the Order of Business. There are other ways for the Deputy to raise such matters.

When does the Government intend to publish the coastal zone management Bill?

I understand it is in preparation. I will convey to the Deputy when it will be available.

Will it be before Christmas?

A report will be published shortly, but the legislation will not be ready before Christmas.

(Mayo): The child pornography Bill is one of the Bills scheduled to be published before Christmas and it is important legislation. Will we see it before Christmas?

That is the intention.

In regard to the Road Traffic Act, 1994, does the Taoiseach intend to ask the Minister for Justice, Equality and Law Reform to ensure that it is implemented on the north side of Dublin? Does he intend to do anything in regard to the Control of Firearms Act, following a recent horrendous murder?

Both are matters for the Minister for Justice, Equality and Law Reform. In regard to the Road Traffic Act, every effort is being made to enforce the traffic laws and to try to address the escalating number of deaths occurring on the roads.

Following discussions in this House last year, regulations were introduced to allow health boards to monitor and inspect child care services. Does the Government intend giving the resources to the health boards to enable them to do this? The legislation promised on the inspectorate of child care would help in this regard. Will the adoption contact register Bill be introduced during this session?

The question of resources does not arise on the Order of Business.

It relates to legislation as well.

The adoption contact register Bill will be introduced next year. We are awaiting the Supreme Court judgment.

Is it the Government's intention to have a debate next week on the outcome of the Luxembourg employment summit? If so, is it the Taoiseach's intention to make available in advance by way of documentation the position of the Government at that conference so that we can prepare for the debate?

I agreed yesterday on the Order of Business to have a debate on Tuesday, before I go to the summit.

Is the Taoiseach satisfied with the efforts of the Minister for Agriculture and Food on reopening the live cattle trade to Egypt?

That does not arise on the Order of Business:

It arises for every farmer in Ireland. Everybody got something yesterday with the exception of the farming community. There was great play made about this subject before the last general election. What has happened to the live cattle trade?

This does not arise on the Order of Business. The Deputy must find another way to raise that matter. I am calling Deputy Sean Power. If Deputy Power does not wish to speak, I will call another Deputy.

The Member in the blue shirt will not allow me to speak.

Deputy Connaughton will find another to way to raise that matter.

When will the boat sail to Egypt?

In welcoming the publication of the Book of Estimates, will the Taoiseach guarantee that social welfare recipients will not have to wait six months before they receive increases? I wish our comrades on the left well. They were our partners in Government and we will not forget them. As they prepare to battle today, will the two Members involved confirm that they have been promised 84 votes between them?

That matter does not arise on the Order of Business.

They are voting for one another.

We must proceed with other business. I remind the House that this is not Question Time. I will hear questions on the Order of Business and no statements are allowed.

When will the western development commission Bill be brought before the House? Will the Taoiseach ask the Minister for Agriculture and Food to pay the headage premiums to people in the west?

Pay all races.

The Taoiseach may answer the question dealing with legislation.

Hopefully before the end of the year.

Item No. 56 on the Government's legislative programme is the judicial pensions Bill. Pensions payable to judges are unconstitutional. A matter of unconstitutionality affecting one of the other arms of Government, the Judiciary, should not be allowed for any length to time. Will the Taoiseach give an assurance that this legislation will be introduced and passed before Christmas?

It is hoped to introduce a general scheme for the Bill later this month and it is our intention to have it passed before Christmas.

In the programme for Government promises were made with regard to on-farm investment and the control of farmyard pollution scheme. As funding for such schemes was decimated in the Estimates published yesterday, is it still the Government's intention to honour commitments in this area?

Funding matters do not arise on the Order of Business. The Deputy will find another way to ask that question.

May I have a reply? The commitment was given in the programme for Government.

It is in not in order at this stage. I am sure the Deputy will get a reply if he pursues the question in the correct fashion.

Fianna Fáil made a promise that it would restore installation aid. Since Deputy Mildred Fox has indicated she will not support the Government in the forthcoming budget unless this is restored, is a restoration of the grant anticipated?

That is not relevant.

Has the Government any intention to introduce legislation to regulate Sunday trading?

That matter was discussed last night on the Adjournment and on other occasions.

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