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Dáil Éireann debate -
Thursday, 25 Jun 1998

Vol. 493 No. 2

Order of Business.

It is proposed to take No. 24b, Economic and Monetary Union Bill, 1998 — Order for Report and Report and Final Stages; No. 4, European Communities (Amendment) Bill, 1998 [Seanad] — Second and Remaining Stages; No. 22, motion re Treaty of Amsterdam shall be taken at the conclusion of the proceedings on the Second Stage of No. 4; No. 32, Criminal Justice (No. 2) Bill, 1997 [Seanad] — Second Stage (Resumed). It is also proposed, notwithstanding anything in Standing Orders, that: (1) the Report and Final Stages of No. 24b shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 1.30 p.m. today 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 Finance; (2) the 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 4.45 p.m. today 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 Foreign Affairs; (3) No. 22 shall be decided without debate; and, (4) any division demanded today on the Second Stage of No. 32 shall be postponed until immediately after the Order of Business on Tuesday, 30 June 1998.

There are four proposals to be put before the House. Is the proposal for dealing with No. 24b agreed? Agreed. Is the proposal for dealing with No. 4 agreed? Agreed. Is the proposal for dealing with No. 22 agreed? Agreed. Is the proposal for dealing with No. 32 agreed? Agreed.

The Government has promised to introduce legislation which will allow for the early release of certain paramilitary prisoners for particular offences and for the release of others who committed similar offences but were not associated with particular organisations of a paramilitary character. When will this legislation be published and brought before the House and, in light of the Newtownhamilton bomb, how will it ensure the individuals being released will stay on ceasefire and not drift to organisations such as the CAC or the INLA which are not on ceasefire?

The Bill will be taken in the House next Thursday and I hope it will be published on Monday. I will finalise details of that with the party spokespersons on Monday. I wish to take this opportunity to condemn the atrocity in Newtownhamilton which affected Catholics and Protestants alike both in terms of injury and damage to property. This was a dangerous act of stupidity by paramilitaries. It appears that a paramilitary group has claimed responsibility in this instance but I do not know whether that information is correct. Clearly, people who are not on ceasefire cannot be considered for early release in any form, now or in the future.

I concur with the Taoiseach in condemning the Newtownhamilton bombing. It is very important that procedures for early release are clear and transparent to ensure that people who have not made up their minds to stay on ceasefire must do so definitively in a manner which would be acceptable to the Minister before the benefits of the legislation could be extended to them. Clearly, it would not be desirable for people whose stance on violence is ambiguous to be released. I hope the legislation will not merely be enabling legislation and that the House will have an opportunity to debate this very important matter.

I join the Taoiseach in condemning the Newtownhamilton bombing as totally and utterly anti-democratic as well as dangerous to life and limb. No comfort should be given to those who allegedly claim responsibility for it.

Will the Taoiseach join me in urging a maximum turnout in today's elections in Northern Ireland and convey our support to all the parties participating in the democratic process there, in particular to those parties which support the Agreement which was so massively endorsed in the recent referenda here and in the North?

I hope there will be a massive vote today for those candidates who stand for peace and for the future, as most do. Twelve parties are participating in the elections and I hope there will be a massive turnout today as the elections represent another step on the road to democracy. They will result in the establishment of a new institution which will break away from direct rule for the first time in more than a quarter of a century. I trust the people of Northern Ireland will go to the polls in great numbers.

I join the Taoiseach, Deputies Bruton and Quinn in condemning yesterday's explosion and hope the people of Northern Ireland will provide the bombers with their answer in today's election by supporting those candidates who want peace and want to advance the Agreement. Virtually all the parties in the North support the Agreement.

In regard to promised legislation, a Firearms (Amendment) Bill was promised for next week. When does the Taoiseach expect that Bill will be circulated so that we can prepare a response to it?

When will the broadcasting Bill be introduced? Will the Taoiseach indicate if it will cover print media as well as the electronic media? Does he consider it would be a good idea to have a press council which would prevent the appalling intrusion into the private lives of citizens of this State by photographs such as that carried by The Star yesterday?

The broadcasting Bill will be published later this year. I am not sure if it will cover the matters raised by the Deputy, but the Minister will take account of whatever proposals are put forward. The legislation will be in accordance with the proposals set out by the Minister some time ago. It will cover digitalisation.

Will the Taoiseach indicate if it is intended to enact the constituency boundary review Bill before the summer recess?

I should have mentioned the firearms Bill which Deputy De Rossa raised. As I mentioned to Deputy Higgins yesterday, that Bill arose out of a court case last week and, unfortunately, we cannot comply with the normal two week rule. Staff are working on the legislation and I have been assured they will try to complete it over the weekend. I believe it will be Monday morning before it will be completed.

I understand the Electoral Bill was passed.

Deputy Mitchell must be concerned about the next one.

Deputy Mitchell is so secure he does not have to worry about those matters.

Regarding the firearms Bill, there have been great concerns about the increased level of suicide, particularly among young people. One of the suggestions put forward was to further tighten up the firearms legislation in regard to the availability of firearms which might be used by people attempting to take their own lives. Perhaps the Taoiseach might avail of the opportunity of that legislation to see if any improvements that could be made in the context of the alarming and disturbing growth in the level of suicide.

I will raise that matter with the Minister. Our efforts will be put into trying to correct the flaws that have arisen. In recent years there has been an alarming growth in the rate of suicide and that has been highlighted in this House in numerous debates.

On the promised minerals development Bill, is the Taoiseach aware that a company, which is about to commence drilling for oil off the coast of Mayo next week under licence from the Government, is refusing to employ any Irish labour on its oil rig? Will he indicate if the licence of that company can be revoked under existing legislation or if such a provision will be included in the minerals development Bill? When will that Bill be introduced?

That is not a matter for the Order of Business.

Will a provision to that effect be included in the minerals development Bill or will the licence be revoked under existing legislation?

When the Bill comes before the House the Deputy will have an opportunity to pursue the matter.

The Taoiseach commented yesterday on the Bill to set up the Western Development Commission on a statutory basis, but it is not due to be introduced until the end of the year and it could be 1999 before it becomes effective. The commission that has been set up has a number of proposals for employment that are ready to proceed pending funding. Can some mechanism be put in place whereby, pending the commission being set up on a statutory basis, those initiatives, where approved, can be given assistance from the fund set aside for that purpose?

A matter of that detail is not one for the Order of Business.

It is promised legislation.

I understand the review group on structural funding is meeting today to reallocate money that will not be spent on Luas within the timeframe of the operational programme. Is there any mechanism for worthy projects like the Dublin-Rosslare rail link to be assured of consideration in the reallocation of funding?

That matter is not one for the Order of Business.

Will the Taoiseach indicate if there is a reporting mechanism to the Dáil on the change in the operational programme that will be decided on consequent to that meeting?

That information will be known this afternoon. I am sure any information required by the Deputy could be obtained by way of a parliamentary question.

I have one tabled for Tuesday.

About eight weeks ago the Taoiseach said legislation on the setting up of a statutory sports council would be presented in about four weeks' time. What is the reason for the delay? He refused to accept my Bill and the Government cannot produce its own.

That was explained to the Deputy.

After I spoke here the Minister made the position clear. He stated that the Bill to establish the sports council on a statutory basis will be available later in 1998. The legislation will be ready in the next session.

I, too, would like to utterly condemn yesterday's bomb attack in Newtownhamilton.

On promised legislation, will the Taoiseach indicate when the defamation Bill will be introduced?

It is at a very early stage.

Given the reports in today's edition of The Irish Times on the privatisation of certain key tasks currently performed by the Navy and Air Corps, will the Taoiseach indicate when the Price Waterhouse report will be officially available to this House, as opposed to it being leaked to The Irish Times? Will we have a debate on the future of the Navy and the Air Corps before the summer recess based on the Price Waterhouse report?

The report has not come to the Government yet.

: The Irish Times has it.

The report consists of a root and branch review of the Naval Service and the Air Corps. It has been carried out over the past two years by the efficiency audit group. Price Waterhouse was commissioned to prepare that report. It is to be brought to Government within the next month and, as I said during Question Time yesterday, it will be published.

On promised legislation, given the commitment in the Government programme to relieve the Garda of certain duties and to establish a community warden service under the local authorities, will the Taoiseach indicate what stage that legislation is at? Is it being drawn up by the Department of the Environment and Local Government or the Department of Justice, Equality and Law Reform?

As I understand it, that matter will follow the SMI review group work and, therefore, legislation on it is not being drafted at present.

Arising from a question Deputy Kenny asked the Taoiseach on legislation on the commission for the west a system could be set up by the Minister for Finance to allow the £2 million to be paid pending the introduction of the legislation for the very worthwhile projects that have been grant-aided in the west. I would like if the Taoiseach could help in that regard because it is likely that money will not be made available until very late this year or early next year and a commitment was given by the authorities in respect of those projects.

The Minister of State, Deputy Davern, spoke extensively about this the other day. We are trying to get this legislation through and the Minister of State is considering mechanisms to deal with the issue raised by the two Deputies. It will be difficult to clear the funding prior to the introduction of the legislation, but he is considering mechanisms to see how quickly this can be dealt with.

When is it proposed to publish the Adoption Contact Register Bill which will provide for post-adoption services?

It will be the middle of next year. The Bill will provide for the establishment of the contact register.

Why the delay?

The heads of the Bill are being prepared in the Department but they will not be ready for drafting until the end of 1998.

The Supreme Court decision has been delivered so the Bill should be brought forward earlier if possible.

The reason for the delay is the need for extensive consultation to ensure that various rights are balanced. That must take place before the legislation is drafted.

(Mayo): The previous Government did a great deal of work on the establishment of a prisons board. An expert group was established and reported. It produced the heads of a Bill which were given to the Department. However, no legislation has been produced. Overcrowding continues and the revolving door syndrome still rules. Why has this Bill not been treated as a priority given that so much of the preparatory work has been completed?

The legislation will be with the Government shortly. The Minister for Justice, Equality and Law Reform is due to answer questions on prisons later today.

(Dublin West): With regard to the Second Stage debate on the Criminal Justice (No. 2) Bill, would the Taoiseach mind if the Labour Party allocated its time to me since its members appear to have a great deal to talk about among themselves?

Not as much as when the Deputy was a member.

I note there are no Progressive Democrats Deputies present.

They are rarely sighted these days. Things must be bad.

Wishful thinking.

The Tánaiste is in the United States.

Following the visit of the Minister of State at the Department of Foreign Affairs to Sudan, can the Whips arrange for the House to be given an early report on the situation there and in Africa generally?

The question does not relate to promised legislation.

Deputy Jim Mitchell referred to the redrawing of constituencies. My colleague, the former Deputy Eric Byrne, recently sent me a leaflet which has been circulated by Deputy Mitchell in Dublin South Central.

I hope this is relevant to the Order of Business.

In the interests of other Deputies, I hope Deputy Mitchell will not run in two constituencies. Will the Bill to eliminate ground rents emerge in 1998?

Probably in 2088.

There are few ground rents left and the constitutionality of removing them is still being examined.

Arising from the Ceann Comhairle's invitation yesterday, I visited his office in relation to the disallowance of parliamentary questions——

That does not arise on the Order of Business.

——which previously would have been allowed.

Questions of that nature do not arise on the Order of Business.

The Ceann Comhairle should protect the rights of Members.

These matters do not arise on the Order of Business.

On foot of Deputy Durkan's comments and following conversations I have had with the Ceann Comhairle's office for some weeks, I wish to formally inform the Ceann Comhairle that the Labour Party will raise with the Committee on Procedure and Privileges the practice——

This does not arise on the Order of Business.

Giving notice to the Chair does appropriately arise now. There has been a substantial change in practice whereby questions are either disallowed or transferred on the political direction of heads of Departments. Effectively they are not being answered.

It is exactly the same as when the Deputy was in office.

The only change is in the change of sides in the House.

Repeat questions were answered by the previous Government.

The subject cannot be discussed now.

Will the Taoiseach look at the legislation promised by the Department of Tourism, Sport and Recreation? None of it has appeared before the House and even the promise of a drug testing programme has been postponed until next year. Why is no legislation being drafted or produced by that Department?

Only one Bill was promised and it has gone through.

The Department has the shortest list of promised legislation.

I call Deputy Michael Higgins.

Why is the promised legislation not being produced by the Department of Tourism, Sport and Recreation? Two Bills were promised and none has appeared. Even the drug testing programme which was announced last Monday will not take place until next year.

Only one Bill was promised and it was passed.

Some weeks ago I asked the Taoiseach if legislation was necessary to revise the terms of the pension funds affecting non-salaried staff in CIE. He undertook to examine the situation. At present, somebody with 45 years' service has a pension of £45 per week and the Taoiseach said he would see if an amendment was necessary to give adequate pensions to non-salaried staff in CIE.

Following the Deputy's question some weeks ago, I discussed the matter with the Attorney General. There is an anomaly and the Minister and I have asked the Attorney General to see if an amendment can be made to the Act to rectify the situation.

I thank the Taoiseach.

I welcome the changes announced by the Minister for Justice, Equality and Law Reform to the Parental Leave Bill. They greatly improve the legislation. When will the Equal Status Bill be published?

It will be before the House late this year or early next year.

When does the Taoiseach intend to travel to Egypt and Libya, as he promised 13 months ago, to reopen the live cattle trade to those countries? Autumn is approaching and farmers are waiting for action on the Taoiseach's commitment.

The Deputy should put down a parliamentary question on the matter. It is not relevant to the Order of Business.

It is relevant to many people.

We must proceed with the business of the day.

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