It is proposed to take No. 9a, motion re Revised Estimates for the Public Service; No. 21, Eighteenth Amendment of the Constitution Bill, 1998 — Committee Stage; No. 4, Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Bill, 1998, Order for Second Stage and Second and Remaining Stages, with no time limit; and No. 2, Employment Equality Bill, 1997 [Seanad] — Second Stage. It is also proposed, notwithstanding anything in Standing Orders, that: (1) No. 9a shall be decided without debate and any division demanded thereon shall be taken forthwith; and (2) Private Members' Business shall be No. 35, Door Supervisors Bill, 1997 — Second Stage (resumed) and the proceedings on the Second Stage thereof shall be brought to a conclusion at 8.30 p.m. tonight.
Order of Business.
There are two proposals to put to the House. Is the proposal for dealing with No. 9a agreed? Agreed. Is the proposal for dealing with Private Members' Business agreed? Agreed.
When will the Defence (Amendment) Bill come before the House? Will the Defence Acts require further amendment in view of the disquieting reports about the threat of anthrax in the UK? Will we need to have discussions with our counterparts there to ensure such a threat does not involve this country?
I will ask the Minister for Defence to note the Deputy's comments in that regard. The Defence (Amendment) Bill is fairly short. Its heads have been approved by the Government for drafting and it is hoped to bring it before the House in the middle of the year.
It is proposed to debate the Tribunals of Inquiry (Evidence) (Amendment) Bill tomorrow. To prepare our spokesman, the Leader of the Labour Party, Deputy Quinn, submitted a number of questions on the legal advice available to the Taoiseach regarding his statements on the matter in the House, but they were ruled out of order. In advance of tomorrow's debate, will the Taoiseach answer the questions on the advice available to him and any other advice he received on the unamendable nature of the terms of reference without legislation?
The Bill has been published and it is not the practice to state the advice given by the Attorney General. If there are particular questions about which the Deputy is concerned, I will try to get answers for him, if it will help to brief his spokesperson for the debate on the legislation.
There are clear issues involved. The Taoiseach informed the House that it was not possible to amend the terms of reference of an inquiry without amending the primary Act, but information in the media from the Department of Justice, Equality and Law Reform last weekend stated that is not the case. The Taoiseach said the advice of this and previous Attorneys General was that the terms of reference were unamendable. We simply want to know the basis of that advice before debating the Bill.
I take a great deal of my knowledge from the Irish media, for which I am very grateful, but I take my legal advice from the Attorney General. On this issue we went by the Attorney General's advice, and we have made that absolutely clear.
Will that advice be made available to us? Will the Taoiseach's assertion that this was the view of successive Attorneys General be clarified in advance of the debate tomorrow?
I will clarify it again here. That advice was the basis for the need to change the primary Act; the terms of reference of a tribunal of inquiry set up by statute and in session cannot be amended in any other way. In this case, the chairman of the tribunal asked that they be amended and to do that we have to change the primary legislation. The enabling legislation will be passed here tomorrow and we will then deal with the precise changes sought by the chairperson of the tribunal.
Item No. 10 on the weekly Order Paper states that Dáil Éireann should note the commencement on 10 December 1997 of the United Nations Human Rights Year which will culminate on 10 December 1998, the 50th anniversary of the adoption of the Universal Declaration on Human Rights. That matter has been on the Order Paper for some time. When is it proposed to debate that motion? Is it intended to trawl the laws of the State to ensure they are in line with the declaration and that they are being fully implemented? I am concerned in particular about the plight of the 1,000 or so people with a mental handicap who are currently being held in psychiatric hospitals where they should not be.
I would welcome a debate on the matter as soon as parliamentary time can be made available. I hope most of our laws comply with the declaration. It is always a matter of priority to ensure we comply with such declarations. Since independence we have always tried our best to comply with all declarations introduced by international bodies as speedily as possible.
I have raised this matter a number of times. There are people with a mental handicap in psychiatric hospitals who should not be there. If they need to be in residential care, they should be in a different type of care. It is not a psychiatric illness with which they are afflicted. We are breaching the UN Declaration on Human Rights by continuing this practice which has been going on for generations.
The matter cannot be debated now.
It is time we took steps to change that practice.
Did the Taoiseach receive the report from the boundary commission on changes in the constituencies? If so, will he make it available to all Members? If not, when will he receive it?
A Cheann Comhairle, I have a funny feeling you are the person who can answer that question.
It does not arise on the Order of Business.
Has the Taoiseach received it?
I understand it is to be presented before the end of March to the Ceann Comhairle.
Is it true that the Deputy for Dublin Central wants to become the Deputy for Dublin North Central?
I never pushed or moved around.
I wish to inquire about two items of promised legislation. One is in the "also entered" list to transpose Article 3a of the European Union Directive designed to ensure coverage of major sporting events free to our television. In the light of the abuse of the exclusive purchase of coverage of sporting events I was informed, on the last occasion on which I raised this issue, it would be part of the broadcasting Bill. There will be several other occasions between now and the end of the year when issues such as the coverage of rugby will arise. This is promised legislation. It is a simple Bill. If the Minister introduced a Bill to implement the European Directive it would probably have the support of all sides.
It is not necessarily a simple Bill but the proposals are being developed in the Department and will be published later this year.
The second item on promised legislation is a simpler question. Will the Taoiseach indicate which of the Bills, the copyright and related rights Bill or the broadcasting Bill, will be introduced first? If the copyrights Bill is first, will it take into account broadcasting issues that arise in relation to copyright, digitalisation and the music industry?
Yes, the Bill will take account of those items and it will be ready in the summer.
Which Bill will be introduced first?
The copyright Bill is shorter and will be introduced first.
We were assured that issues of digitalisation and copyright would be dealt with in the broadcasting Bill at the end of the year. Do I take it, therefore, that the Minister for Enterprise, Trade and Employment has had consultations and taken into account the proposals that affect music, copyright which is affected by digital layout, and so on?
There are two copyright Bills: a short copyright Bill and a copyright Bill of over 400 sections. There is pressure from the United States and elsewhere to have the larger Bill completed. Given its importance it will receive priority and we hope it will also be ready in the summer. Some of the digitalisation matters have to be addressed in that copyright Bill. The issue of digitalisation, as it affects broadcasting, will be dealt with in the broadcasting Bill.
This is very serious because on a previous Order of Business we were told that the lead Department, in introducing digitalisation as it affected broadcasting, multimedia and new services, would be the Department of Arts, Heritage, Gaeltacht and the Islands. That legislation was promised and in fairness to the Minister it is complex legislation. The reality is that the 400 section Bill to satisfy US copyright interests will have sold the pass for the second legislation.
We cannot continue to debate the question in this manner.
Will the 400 section Bill take into account the introduction of digitalisation as it affects broadcasting and multimedia or will the broadcasting Bill later in the year follow a large Bill introduced to exceed and sell the pass in relation to copyright to US interests? We had a meeting yesterday——
The Deputy is asking questions. The only questions in order are when the Bill will be introduced.
Is there a consistency between the undertaking I got in this House, more than once with you presiding, that the broadcasting Bill would handle the issues of digitalisation? We are now being told that under the US copyright Bill, which is extensive, in respect of a piece of music laid out in digital format, the original artist will lose copyright. That will happen in June.
The Deputy is going into detail which is not in order on the Order of Business.
Some attempt should be made to clarify the inconsistency in the information given to the Dáil. We were given an undertaking that the introduction of digitalisation and legislation required would be in the context of major broadcasting legislation. In fact the broadcasting legislation was delayed in order to handle this. We are now being told our broadcasting legislation and digitalisation will come in after we have passed the US copyright legislation.
The Deputy cannot proceed in that manner. Will the Deputy please resume his seat?
There are three Departments involved in these issues: Enterprise, Trade and Employment, Public Enterprise and Arts, Heritage, Gaeltacht and the Islands. The broadcasting aspects are dealt with by the Department of Arts, Heritage, Gaeltacht and the Islands. The Department of Public Enterprise deals with the telecommunications aspect of the legislation. The copyright legislation deals with issues affecting authors and producers. We hope all three items of legislation will be ready this year. The reason for this is that digitalisation is moving ahead apace, more than people in the European Community believed it would. If we are to keep abreast of these issues it is important to update all our legislation in these areas to ensure we can deal with it successfully. There will be two copyright Bills this year and a broadcasting Bill. Two of those Bills will deal with the issue of digitalisation.
Is it the Government's intention to introduce legislation to prohibit advertising by solicitors in personal injuries cases and, if so, when? In relation to the deafness cases before the courts, is it the Government's intention to introduce legislation to cap compensation awards or to present the expert group report to the courts?
In reply to the second matter, we are awaiting the assessment of the report which will be available shortly. No decision has been made in that area. In relation to advertising by solicitors, legislation is due in that area to restrict advertising in certain areas.
There is no plan this week for statements on the revaluation of the currency. Will the Taoiseach agree that the House becomes irrelevant when important decisions such as a revaluation of the currency are not debated or discussed here? Will he make time available this week for such a debate?
That is a matter for the Whips, not one for the Order of Business.
Will the Government make time available for it?
The Minister for Finance was anxious to make a statement but a full debate on economic and monetary union is scheduled for next week. The debate sought by the Deputy can take place then.
(Dublin West): Given that the Government is rushing the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Bill, 1998 through the House today to provide increased allowances for Deputies and Senators, will the Taoiseach agree that it would be appropriate to bring forward and rush through legislation to provide for a £5 per hour minimum wage to eradicate low pay and exploitation in the workplace?
That matter does not arise on the Order of Business. The Deputy can raise it at another time.
(Dublin West): It arises with regard to future legislation.
There will be an unlimited debate on the legislation later today. The matter raised by the Deputy is out of order at this stage. He will have ample time to raise these issues during today's debate.
(Dublin West): I am not referring to the legislation before the House but to future legislation with regard to the minimum wage. The Taoiseach should reply to my question. It is planned legislation.
If the Deputy wishes to refund his own share of the money, I will be happy to consider an amendment to that effect.
(Dublin West): My money will be put to good use and information on its use will be published. It will not be used to finance a trip to Cheltenham.
The Deputy said the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Bill, 1998 is being rushed through the House. If the Deputy wishes to speak on the measure for the next day or two, he is welcome to do so. There is no limit on the debate.
With regard to the minimum wage, the report on that matter will be presented to the Tánaiste shortly.
I wish to raise the recently concluded agreement on adoption with the Chinese Government. Does the Government intend to bring legislation before the House as a result of the agreed protocol or is it envisaged that the House will debate the protocol? Now that an agreement has been reached with the Chinese, will it be possible to put our own house in order? Anxious parents in the Southern Health Board area who wish to adopt Chinese children are currently faced with an 11 month delay in having assessments carried out by the health board. Will the necessary resources be put in place so people can take advantage of the agreement? Otherwise the agreement will be of little use.
The relevant legislation was recently passed by the Seanad and is due to come before the Dáil shortly. I welcome the agreement——
As do I.
——although I have not yet been fully briefed by the Minister of State, Deputy Fahey. I do not believe it will require legislation but a decision will be reached on receipt of the Minister of State's report. If it requires legislation, the legislation will be introduced.
With regard to the lengthy waiting lists, will the Taoiseach make the necessary resources available to ensure that assessments can take place without undue delay?
That is an important matter and the Minister for Health and Children is examining it to see how best it can be dealt with.
When will the Government allocate time for a debate on the Santer proposals? Such a debate would strengthen the hand of the Minister for Agriculture and Food in formulating a national consensus and cohesive strategy to deal with the modification of those proposals for Ireland's benefit.
That is a matter for the Whips.
It is a matter of national importance.
It is not appropriate on the Order of Business to make such arrangements.
How is one to raise a matter of national importance? The rural landscape of this country is threatened.
The Deputy should raise the matter in another way.
I have tried to raise it in every other way.
It is a matter of national importance.
The Order of Business is not the appropriate way to deal with these matters.
The Taoiseach is aware of its importance.
On a point of order, I do not question the Chair's ruling. However, it is strange that when a Deputy asks the Taoiseach on the Order of Business if he will make time available for a debate on a certain issue, the Chair should rule it out of order.
It is not in order.
Of course it is in order.
It is not. If the Deputy reads the Standing Orders, he will discover it is not in order to raise matters about debates on the Order of Business——
Making time available on the day is in order.
Promised legislation is the only matter which can be raised on the Order of Business.
That is not true.
I refer the Deputy to the Standing Orders.
(Mayo): Some time ago the Government promised to introduce legislation to curb the activities of ambulance chasing solicitors, the Solicitors (Amendment) Bill. When can we expect to see this legislation?
That question was asked earlier.
Legislation will be introduced to prohibit advertising in certain areas.
The Cabinet has decided to hold the referendum on the Amsterdam Treaty on 22 May. A referendum commission is to fund the case for and against that treaty. In the event that the referendum on the outcome of the Northern talks is held on the same day, as appears likely, will the referendum commission also fund a campaign for and against that referendum? If not, why is it intended to hold the two referenda in such close proximity? This is an important matter which warrants qualification.
It is equally important that it be raised in a proper manner. It is not in order to raise it on the Order of Business.
Some weeks ago the Taoiseach agreed in principle to hold a debate on housing policy, following the publication of the Bacon report on house prices. When is the report likely to be published and when is the debate on housing policy and house prices likely to be held?
The debate will be held after the Easter break. I understand the report is due to be published in the first week of April.
What is the Minister of State, Deputy Molloy, doing? This is the most important issue facing the people and he is sitting on his hands.
When does the Taoiseach intend to introduce legislation to abolish ground rents, as Fianna Fáil promised it would in its election manifesto last June?
We have abolished most ground rents through legislation in recent years. However, a final Bill is in the early stage of preparation.