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Dáil Éireann debate -
Thursday, 1 Oct 1998

Vol. 494 No. 3

Order of Business.

It is proposed to take No. 9a, motion re Priority Questions, No. 2, the State Property Bill, 1998 — Order for Second Stage and Second Stage and No. 3, the Western Development Commission Bill, 1998 — Order for Second Stage and Second Stage. It is also proposed that, notwithstanding anything in Standing Orders, No. 9a shall be decided without debate and any division demanded today on the Second Stage of Nos. 2 or 3 shall be postponed until immediately after the Order of Business on Tuesday, 6 October.

Is the proposal, that No. 9a. be agreed without debate, agreed?

Before the House agrees to the proposal, will the Taoiseach provide time today for the Minister for Foreign Affairs——

I have ruled on that matter. If we dispose with the Order of Business, I will allow the Deputy to make a comment on it. We must proceed with today's business.

Before I agree to vote for the proposal, I want to know whether the Taoiseach intends to allow or request the Minister for Foreign Affairs to explain to the House exactly what is going on in the Department of Foreign Affairs and to answer questions from this side of the House on the matter.

We will decide the Order of Business first.

On the first issue before us, I wish to be helpful to the Chair. It would facilitate all in the House before we agree to anything if the Taoiseach would indicate the willingness of the Government to allow a full explanation today from the Minister for Foreign Affairs of this fiasco.

What fiasco?

The mutiny in the Department of Foreign Affairs.

I have indicated to the House that——

Before we decide on the procedure before us, it would be helpful if the Taoiseach would indicate the Government's view on having time today for a full explanation of this affair.

I ask the Taoiseach to reply.

Before the Taoiseach does so, I point out that it is in order before the order of the day is agreed for any Member of the House to ask for a change in that order. I have no doubt the Taoiseach and his colleagues already discussed this matter before they came here. He should allow a debate today in the House so that the matter can be clarified. We are heading into the weekend break and this matter will be allowed to fester. It is necessary for the Minister for Foreign Affairs to clarify to the House today exactly what is going in his Department. I ask the Taoiseach to amend the Order of Business and to agree to the suspension of business for a period today to discuss this matter.

Perhaps we should refer it to the Labour Court.

The question can be raised under other procedures during the day.

I could not amend the order in advance because I did not know what view the Chair would take on the Adjournment of the Dáil. Since he has disallowed it, the Minister for Foreign Affairs is happy today, either on the tabling of a Special Notice Question or some method agreed by the Whips, to make a statement to the House.

This matter could be dealt with by the Minister making a statement to the House and the Opposition parties being provided with an opportunity to put questions to him.

There are two sides to this problem as the Deputy well knows.

Given that this is a matter of urgent public concern, that so many delicate issues are being discussed and that the Minister says there are two sides to the problem, we should probably also invite the Secretary General to hear his side of the story. Perhaps the Ceann Comhairle would indicate to the House what procedure he intends to allow for us to have an explanation from the Minister on this matter which should not be let fester further.

It would be in the interest of the Department of Foreign Affairs for the Minister to come to the House at 12 o'clock today to explain exactly what has happened in the Department in the past 12 months. It would not be in anyone's interest to let this fester over the weekend, either the Minister's or the Department's. Will the Taoiseach allow the Minister to come to the House at 12 o'clock? There is another procedure whereby the Minister and the Secretary General can come before the Joint Committee on Foreign Affairs and they can both give their sides of this event.

Perhaps the matter should be left to the Whips.

Before we take the Order of Business, there should be an understanding that there will be an opportunity to discuss this matter.

It is always the trouble that, when one says something, people do not listen. This morning, there were three requests to adjourn the Dáil under Standing Order 31. The Ceann Comhairle refused those, which is the normal precedent. I have stated that, by Special Notice Question, a Statement or some other device arranged by the Whips, the Minister for Foreign Affairs is prepared to come before the House. I said that five minutes ago, yet three people have since stood up and asked for that in different forms. The matter can be worked out by the Whips and the Minister is clearly happy to make a statement on the matter.

If the Minister is to make a statement, will he take questions as part of the normal procedure of a Minister answering questions after making a statement? There is no point in his coming here and giving one side of the story.

We must proceed with the business of the House. The Taoiseach has made a statement.

I welcome the Taoiseach's helpful approach. It is in the interest of the Department of Foreign Affairs, the administration of the country and its role in international affairs that this matter be explained in the House. Is it the case that there is an agreement that one hour from 12 p.m. to 1 p.m. will be allocated to this matter and that the mechanism will be agreed between the Whips between now and 12 o'clock?

We are now going into detail which is a matter for the Whips.

Detail is a matter for the House.

It is totally disorderly to make arrangements on the floor of the House. I put the question that No. 9a. be agreed to. Is that agreed? Agreed. The second proposal deals with the postponement of divisions. Is that agreed? Agreed.

I thank the Ceann Comhairle and the Taoiseach. The Taoiseach could easily have approached the Opposition Whips once he knew the requests for adjournment of the Dáil under Standing Orders had been tabled to avoid this row on the Order of Business.

On a point of order——

I know exactly what the Taoiseach will say.

Will the Deputy resume her seat? The Taoiseach wishes to make a point of order.

It is not open to the Taoiseach, when requests are made to adjourn the Dáil under Standing Orders, to go to either the Whips or the Ceann Comhairle. That is the rule of the House.

I know about Standing Orders and——

That matter has been dealt with, Deputy Owen. Can we move on to the Order of Business proper?

In the Taoiseach's discussions this morning before he came into the House, was any consideration given to amending the Public Service Management Act, 1997, given what has happened in the Department of Foreign Affairs? Does he intend to bring a proposal before the House to amend the Act?

Legislation is not pending in that regard.

Will this legislation be amended?

Legislation is not promised in that regard.

I am working on the assumption that there will be an opportunity for Deputies to question the Minister for Foreign Affairs today. Has that been agreed?

It has not been agreed.

If it is not the case, could the Minister——

We are on the Order of Business.

The Taoiseach has indicated the Whips can agree to it. Regarding the report of the Comptroller and Auditor General, is it proposed that time will be made available to discuss it in the House or is it to be referred to a committee of the House?

The appropriate procedure to deal with that would be to refer the report to the Select Committee on Finance and the Public Service where it can be properly debated. Having listened to its conclusions, the Government can take whatever action is appropriate. The report covers a period over successive Governments so it should be debated by that committee.

Regarding the Bretton Woods Agreement (Amendment) Bill, which is to enable an Irish contribution to be made to the enhanced structural adjustment facility, the successor of IMF, when does the Taoiseach expect it to be brought before the House? Will he take into account the serious reservations expressed by the Joint Committee on Foreign Affairs about this U-turn by the Government?

The Deputy cannot discuss this matter now. It is in order to ask when the Bill will be introduced but we cannot discuss the contents. We are on the Order of Business.

A Cheann Comhairle, it would be helpful to the smooth running of this House if you did not keep interrupting.

The Deputy should resume his seat. I have ruled him out of order and he should not cast such reflections on the Chair. The Deputy is completely out of order and he knows that. He should resume his seat.

I am not casting —

The Deputy continues to be disorderly.

Serious allegations were reported in the media during the summer concerning child sexual abuse in Gaeltacht colleges. In fairness to parents, the colleges and the children who attend the colleges, will the Taoiseach reassure the House that a high level investigation is being carried out into——

This matter is not appropriate to the Order of Business. The Deputy can raise this issue by way of a parliamentary question.

We were promised an inspectorate of child care services Bill so that these issues could be investigated and reported upon. It was initially intended to set up this inspectorate on a voluntary basis and then a statutory basis. It is disturbing that it has not been established in the Department of Health and Children.

The Deputy should ask a question about legislation.

We were promised legislation on this issue.

The inspectorate of child care services was set up on a non-statutory basis because of the urgency of the situation. I understand the Deputy's point that consideration should be given to this issue. It is envisaged that the inspectorate will be set up.

It has not been set up.

Will the Taoiseach indicate where the inspectorate of child care services Bill appears on the Government's programme?

The Taoiseach is under a misapprehension on this issue.

Establishing the inspectorate of child care services is under consideration. It will be set up.

Where does it appear on the Government's programme of promised legislation? We were promised this legislation in January. It is not included in the list of Bills expected to be published before the end of December, nor on the list of Bills for 1999 or 2000. The Minister of State with responsibility for children, Deputy Fahey, stated that this legislation was being given priority. The production of this Bill was given as the explanation for the Department of Health and Children's failure to produce any other child care legislation.

On 17 June I told the Deputy that the Bill was removed from the legislative programme because of the urgency of establishing the social services inspectorate. It was decided to set up the inspectorate on an administrative basis and that was done.

Where is it?

Will the Taoiseach confirm that because it was agreed that this matter was so urgent, it was proposed to establish the inspectorate initially on an administrative basis so that it would be set up more speedily? It was also agreed that legislation would then be introduced to place it on a statutory basis. Has the Government decided that the inspectorate will not be given a statutory basis or be made statutorily independent of the Department?

It has not been done on any basis.

There is no staff.

The inspectorate of child care services Bill was to be introduced. Because of the urgency of the matter it was decided to withdraw the legislation and establish the inspectorate on an administrative basis. It was also decided that legislation would be drafted based on the practical operation of the administrative basis. That is what is happening.

It is not in the programme.

We must proceed with the business of the day.

Prior to the introduction of the Land Commission Bill, is it proposed that the Land Commission dissolution legislation will be rescinded? Will the Land Commission be abolished prior to the introduction of the Bill? What is the logic of such a decision which appears to be in conflict with previous legislation?

The Land Commission Bill is not due until next year. It will regularise the position relating to land annuities and amend the Land Acts.

Mr. Hayes

The Taoiseach will be aware of the appalling situation on the roads.

This issue was dealt with yesterday.

Mr. Hayes

A Cheann Comhairle, my question involves promised legislation.

This matter was dealt with yesterday. The Deputy may ask a short question.

Mr. Hayes

Does the Government intend to publish legislation promised in the strategy document during the summer?

The strategy document was issued on the last Friday in July. The administrative and legislative measures included in the document are being dealt with. The Minister for the Environment and Local Government announced most of the administrative issues this week, including, approximately £145 million to deal with the DTO issues. Any other legislation will be brought forward in due course.

I wish to seek clarification from the Taoiseach concerning the ordering of the business of the House which was raised yesterday. Did I understand the Taoiseach correctly when he stated that the Government has no legislative or other proposals to bring before the House to deal with the appalling housing crisis?

I answered this issue yesterday.

I stated that last year, when the Government realised that very little had been done on this issue for a number of years, —

Nonsense.

——the Government immediately commissioned the Bacon report. The first stage of that report has been implemented and we are preparing to implement the second stage. In the meantime the Government has done all it can to increase the supply of land. It has given additional capital resources to service land which has already been zoned. Approximately £500 million has been allocated in the capital programme this year and last year to improve the position.

We must conclude the Order of Business. I will allow a few brief questions.

At the ploughing championships the Taoiseach promised that he would deliver a package for farmers. When will the Cabinet discuss this package? As of yet we have had peanuts.

This matter is not appropriate to the Order of Business.

(Dublin West): The main Opposition parties have been quite exercised over a number of people —

The Deputy must be relevant to the Order of Business. I must conclude the Order of Business.

(Dublin West): In fairness, a Cheann Comhairle, the Opposition spokes-persons were allowed to speak for ten minutes about the interests of a number of people in the top echelons of the Civil Service. I was in the preparatory moments of my question to the Taoiseach when I was interrupted.

Because time has run out on the Order of Business.

(Dublin West): The House will have a special debate today on the unrest among these people. In the Government's entire legislative programme, is there a single syllable of comfort to end the suffering of the tens of thousands of working class people languishing on local authority housing lists? I have to deal with these matters on a daily basis.

Is the Deputy the only Member who has to deal with these issues?

Thankfully, all the legislation required to deal with local authority matters has long been passed.

The Taoiseach kindly agreed yesterday that the Whips could consider a debate on Kosovo at an early stage. The death toll yesterday was 18, today it is 40, including children as young as four. Up to 500,000 people have been displaced because of ethnic cleansing. Will the Taoiseach attempt to ensure time is provided early next week for a debate on this matter?

The Government is equally concerned about this case. If we can find time for a debate next week that is fine by me, but we shall have it as soon as possible.

I asked the Taoiseach yesterday when the legislation dealing with Irish non-registered companies will be published. He told me it would be when the copyright Bill will be published. On reflection, the Taoiseach will agree they are entirely separate matters. When will the Bill dealing with Irish non-registered companies be published?

At this stage the Department is considering including it in the Companies Act. That would bring it forward far quicker. I will let the Deputy know if that decision is made.

The Companies Bill is on the legislative list.

Maidir le hAcht Údarás na Gaeltachta a leasú, an dara leasú atá geallta, an bhfuil an reachtaíocht ag teastáil agus an mbeidh an reachtaíocht tugtha don Dáil agus in áit roimh an chéad tóghchán eile d'Údarás na Gaeltachta?

An bhliain seo chugainn. This Bill is to amend the function area of the Údarás na Gaeltachta Act and will deal with elected members and related matters. It is hoped the heads of the Bill will be submitted next month but it will not come before the House until early next year.

I refer the Taoiseach to the published legislative programme for the Department of Health and Children. Will he agree that the only two Bills on that programme with any certainty of being published this year were both being prepared by the previous Government? In light of the difficulties being experienced by that Department in preparing any legislation of an original nature in dealing with social services inspectors legislation, will the Taoiseach indicate whether there will be any Government laxative furnished to that Department to relieve the legislative constipation from which it is suffering given that there is a myriad of important Bills —

That concludes the Order of Business.

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