Dáil Éireann debate -
Wednesday, 10 Jun 1998

Vol. 492 No. 2

Order of Business.

The Taoiseach

It is proposed to take No. a9, motion re. Tribunals of Inquiry (Evidence) (Amendment) (No. 3) Bill, 1998; No. 5, Urban Renewal Bill, 1998 — Second Stage (resumed); subject to the agreement of No. a9, No. 7, Tribunals of Inquiry (Evidence) (Amendment) (No. 3) Bill, 1998 — Order for Second Stage and Second Stage and No. 1, Electoral (Amendment) (No. 2) Bill, 1998 [Seanad] — Second and Remaining Stages.

It is also proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m.; (2) No. a9 shall be decided without debate; (3) the proceedings on Second Stage of No. 5, if not previously concluded, shall be brought to a conclusion at 1.30 p.m. today; (4) subject to the agreement of No. a9, Second Stage of No. 7 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 6.45 p.m. today; (5) Second and Remaining Stages of No. 1 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 10.30 p.m. tonight 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 the Environment and Local Government; and any division demanded at the conclusion of the proceedings on No. 1 shall be postponed until immediately after the Order of Business on Thursday, 11 June 1998.

Private Members' Business shall be No. 53, motion re. agricultural schemes (resumed).

An Ceann Comhairle

There are five proposals to put to the House. Is the proposal for dealing with the late sitting agreed? Agreed. Is the proposal for dealing with No. a9 agreed? Agreed. Is the proposal for dealing with No. 5 agreed? Agreed. Is the proposal for dealing with No. 7 agreed? Agreed. Is the proposal for dealing with No. 1 agreed? Agreed.

Mr. J. Bruton

What is the current position in regard to the pollution of the sea by hazardous and noxious substances (civil liability and compensation) Bill? Will that legislation assist Irish residents on the east coast who may be affected by the reported 400 per cent increase in radioactivity and radioactive contamination of seaweed on the east coast? As this obviously has other dangerous manifestations for the health of citizens, there should be the possibility of compensation in accordance with the promised legislation.

The Taoiseach

This is a matter of concern and I am sure the Minister will reflect on whether it should be dealt with in the Bill. The general scheme of the Bill was submitted to the parliamentary draftsman some time ago, but because of other priorities it has not yet been published. It is hoped to publish it in the autumn; November is the latest date I have been given.

Mr. J. Bruton

Will the Taoiseach clarify what he means when he states legislation is a priority? Is he satisfied with the rate of progress on this legislation to date?

The Taoiseach

Within the priorities of the parliamentary draftsman. Like all legislation, it would be nice if this were published sooner. It has been with the parliamentary draftsman for some months and it is hoped to have it in the autumn.

Mr. Quinn

I raised a question yesterday that I raised with the Taoiseach last week about the necessary legislation to meet our commitments under the British-Irish Agreement, but the Tánaiste was unable to give a comprehensive reply. Can the Taoiseach confirm the legislation will be before the Government next Tuesday, presuming the normal Tuesday meeting takes place? In view of the practicalities of the convention that Opposition parties are generally given a fortnight's notice of legislation before it is taken in the House, will the Taoiseach indicate when they will have sight of the legislation so that we can have a constructive and supportive debate on it?

The Taoiseach

While Deputy Bruton has also raised this matter with me, Deputy Quinn has raised it on a number of occasions. The legislation has not come before Government. The Department of Justice, Equality and Law Reform is examining whether the matter requires legislation. A meeting is currently taking place to finalise the Department's view in that regard. As soon as it makes a decision, I will write to the leaders of the parties to inform them of the final conclusion. If the matter does not require legislation, I have asked that party leaders be briefed in that regard. The view at the end of last week was that it does not require legislation, but I have asked the Department to make absolutely certain that is the position. I will know the result in a few hours' time.

Mr. Quinn

I place on record my grave concern that the Irish Government, which was party to the British-Irish Agreement, is apparently reneging on a commitment to introduce legislation.

An Ceann Comhairle

We cannot discuss the matter now.

Mr. Quinn

This question concerns promised legislation to which 95 per cent of the electorate in this Republic gave their assent. The idea that some officials in the Department of Justice, Equality and Law Reform could suggest that this legislation is not necessary is absolutely outrageous. The benefit of the doubt on this matter should be given in a transparent way and legislation should be introduced, notwithstanding what the views of officials in the Department of Justice, Equality and Law Reform may be. It could be construed in the most negative manner possible by parties to the assembly elections which will take place on 25 June. I urge the Taoiseach, as a matter of urgency, to clarify this point quickly.

An Ceann Comhairle

I have given the Deputy much latitude but we cannot have a discussion on this matter.

Mr. J. Bruton

I strongly agree with what Deputy Quinn has said about the importance of providing for this matter by way of legislation. We are making a distinction between people who have committed similar offences by proposing to have lighter sentences for those who have committed the offences for political motives. Any discrimination of that nature in a state ruled by law must be made by law. It is not possible to have administrative discrimination in a matter of this importance. It is vital that this be provided for in legislation and in no other way.

The Taoiseach

I have heard what the Deputies have stated. The meeting is ongoing and I will make the views of the House known to it.

Proinsias De Rossa

I strongly support the views of Deputy Quinn and Deputy Bruton on this matter. In the current situation, where assembly elections are in progress in Northern Ireland, the last thing we need is for the perception to go abroad that we are backsliding on an agreement that was signed only weeks ago.

Mr. Quinn

Hear, hear.

Proinsias De Rossa

When will the European Monetary Union Bill, which has been published, be brought before the House? Will the Taoiseach indicate if it is true that Ireland has not managed to get any member on to the senior management team of the European Central Bank?

An Ceann Comhairle

The Deputy should confine his questions to matters relating to the Order of Business. The Taoiseach will answer parliamentary questions later today when the Deputy may get an opportunity to raise the matter.

Proinsias De Rossa

We have nobody on the team. The only representation we have in that bank will be a non-executive director. That will have serious implications for decision-making on our economy.

The Taoiseach

The Bill will be taken next week. I would have welcomed the appointment of Irish people to the most senior management positions in the European Central Bank but, in accordance with the EU treaty, it is an internal matter for that bank.

Mr. Quinn

That is not how it is being reported.

The Taoiseach

I am not responsible for the reports.

Mr. Sheehan

An envelope would not work.

The Taoiseach

My understanding is that there are 55 management level posts in the ECB, of which 49 are being filled by people working in the European Monetary Institute, including three Irish nationals. So the 55 positions include 49 people moving from the EMI to the ECB. Of the remaining six positions, I understand that three are alternates of the Central Bank. That leaves three positions.

Proinsias De Rossa

The Taoiseach has given information to the House which may be misleading.

An Ceann Comhairle

We cannot have a further debate on that matter. There will be an opportunity during Taoiseach's question time this evening.

Proinsias De Rossa

As I understand it, the Irish people involved are not in decision making positions.

Mr. Sargent

Will the Taoiseach indicate when the Ground Rents Bill is to be published? Has the Government received any advice, given the reports that there may be constitutional problems with this legislation? Does he have any mind to deal with that? Will an amendment to the Constitution be required?

I welcome the interim decision by the Minister for the Environment and Local Government to limit the floor space of giant retail units, following my call for this in the Adjournment debate last week.

Mr. Cowen

Only for the Deputy, it would not have happened at all.

Mr. Sargent

Will the Taoiseach indicate whether the Minister for the Marine and Natural Resources might operate a similar interim quota on such species as razor fish——

Mr. Sheehan

Political sharks.

Mr. Sargent

——pending a more in depth study? He might learn from the Department of the Environment and Local Government that interim decisions can be made pending a full report.

The Taoiseach

In relation to the Ground Rents Bill, the House will know that there are not many such rents left. However, constitutional issues still have to be examined in relation to those remaining after 20 years of legislation on this matter.

I thank Deputy Sargent and others for congratulating the Minister for the Environment and Local Government for his initiative which he has worked on for many months.

Mr. Yates

The Minister was missing last week when the Taoiseach wanted him.

The Taoiseach

As regards fish species, the Deputy should table a question to the Minister for the Marine and Natural Resources on that matter.

Ms Fitzgerald

Will the Taoiseach indicate if it is intended to introduce legislation during this sitting to establish a compensation board or tribunal to deal with deafness compensation cases?

The Taoiseach

As I understand it, it does not require legislation and can be accommodated under the existing statutes.

Mr. Gilmore

I would like to pursue the matter raised earlier by Deputy Bruton concerning the increased level of radioactivity in the Irish Sea. I understand that the Minister for the Marine and Natural Resources and the Minister for the Environment and Local Government will attend an important meeting of the OSPAR Convention early next month. Last week, I asked the Taoiseach if he would allow some time in the House for a debate in advance of that meeting. Such a debate would allow the House to discuss the Government's preparations for the meeting. The Taoiseach seems to be favourably disposed towards it. Will he indicate if time will be made available for a discussion of that sort?

An Ceann Comhairle

That is a matter for the Whips.

Mr. Gilmore

When I raised the matter before, the Taoiseach seemed to be in favour.

The Taoiseach

The House has been sitting late for about seven or eight weeks already. It is a matter of how much time is available. I understand that a question has been tabled for the Minister tomorrow that seeks information concerning his position at that conference. I am sure he can be questioned about it then.

Mr. Kenny

Yesterday, from the Minister for Arts, Heritage, Gaeltacht and the Islands I received a circular in respect of two new Bills. The first was the Planning and Development Bill, dealing with the comprehensive protection of buildings of artistic, architectural and historical importance. When will it be published? Will it be under the aegis of the Department of Arts, Heritage, Gaeltacht and the Islands or the Department of the Environment and Local Government? The second was the National Inventory of Architectural Heritage Bill. When will it be introduced?

At the launch of the Independent Network News service this time last year, the Taoiseach gave a specific commitment to abolish the 3 per cent levy on local radio stations. When is that likely to occur? Will it be included in the Broadcasting Bill to be published this summer?

The Taoiseach

I will take those questions in reverse order. That levy issue will be addressed in the Broadcasting Bill which is to be ready late this year.

The National Inventory of Architectural Heritage Bill is being prepared. The heads were sent to the parliamentary draftsman's office a few weeks ago, on 19 May. The Bill is to be assigned to the draftsman on 15 June.

The Planning and Development Bill is a matter for the Minister for the Environment and Local Government. It is being prepared by the Department of Environment and Local Government and will be taken by the Minister.

Mr. Higgins

(Dublin West): Will there be legislation to amend the Public Order Act to rule out the gross abuse of that Act as seen yesterday with the arrest of peaceful residents in Achill? Their only crime was to protest against the potential health dangers of microwave masts.

An Ceann Comhairle

That matter cannot be discussed now. Is there any promised legislation in this area?

Mr. Treacy

The Deputy is going there on holidays this year. The red army moves west.

An Ceann Comhairle

I understand from the Taoiseach that there is no promised legislation in this area. The Deputy should find another way of raising the matter.

Mr. Higgins

(Dublin West): In fairness, I ask for a little latitude in these matters. I always get cut off.

An Ceann Comhairle

The Deputy gets plenty of latitude.

Mr. Treacy

Deputy Quinn will accommodate the Deputy. He can always come back now that Deputy Spring has gone.

Mr. Quinn

In the past I have asked the Taoiseach about the National Claims Management Agency Bill, which is being prepared in the Department of Finance. Will he give me an update as to its current status? Have the heads of the Bill been cleared and when is it likely to be published?

The Taoiseach

It is being prepared in the Department of Finance. Progress has been made but it will be the autumn before it is published.

Mr. Quinn

Have the heads been cleared by Cabinet?

The Taoiseach

No.

Mr. Quinn

The Taoiseach expects the Bill in the autumn, but which autumn?

The Taoiseach

This autumn.

Mr. J. Bruton

The Taoiseach said the Pollution of the Sea by Hazardous and Noxious Substances Bill was a priority. Does he recall that on 29 January he promised that legislation would be produced in this session? He is now saying it is still with the parliamentary draftsman and will not be produced until the autumn at the earliest. What has happened since January to delay this legislation in view of the fact that we strongly complain about pollution of the sea by others? If we are dilatory in introducing legislation, we show that we do not give the matter priority in our jurisdiction.

An Ceann Comhairle

The Deputy should not develop the matter any further.

The Taoiseach

The Bill will be available in the autumn. The reason it is not available now is that priority was given to other matters.

Mr. J. Bruton

So it is not a priority.

The Taoiseach

It is a priority, but it must take its place. A number of important Bills are being introduced by the Department and the draftsman can only produce a certain number. He is trying to complete this Bill to have it ready by the autumn.

Mr. M. Higgins

Yesterday morning I asked about the Government's response to the European Union Green Paper on convergence in telecommunications and, specifically, whether a broadcasting regulator would be in place before any submission is made by Ireland in view of the fact that an action plan on the Green Paper is being prepared for the end of the year. The Tánaiste undertook to get back to me on it but has the Taoiseach any further information?

Mr. Kenny

She kept it from him.

The Taoiseach

I understand a message was communicated to the Deputy's office this morning. If that is not the case, I will check on it.

Mr. Higgins

(Mayo)): What is the situation with the long overdue Indexation of Fines Bill?

The Taoiseach

It is at an early stage of preparation and is unlikely to be available until next year.