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Dáil Éireann debate -
Wednesday, 4 Nov 1998

Vol. 496 No. 1

Order of Business.

It is proposed to take No. 17, Carriage of Dangerous Goods by Road Bill, 1998 — Order for Report and Report and Final Stages and No. 18, Education (No. 2) Bill, 1997 — Report Stage (resumed) and Final Stage. Private Members' Business shall be No. 50 — motion re. pro rata Pensions for the Self-Employed (resumed).

There are no proposals to be put to the House.

Does the Taoiseach intend to return to Stormont for further talks with the Northern parties in the near future with a view to ensuring that the various deadlines in the British-Irish Agreement are met?

A large number of questions to the Taoiseach on Northern Ireland have been put down for Question Time. We should not anticipate Question Time when he will deal with these matters.

I think the Taoiseach wishes to reply.

If the Taoiseach wishes to make a brief comment.

I have a question which will enable the Taoiseach to respond. To make progress on the British-Irish Agreement the House and the Government are committed to introducing various legislative measures. When will the Government introduce the legislation to establish the human rights commission and when will the Equal Status Bill and the legislation required to amend the Nationality and Citizenship Act be introduced? Does the Taoiseach consider that manifest and overt progress in these areas would advance the current impasse on decommissioning?

I call on the Taoiseach to comment bearing in mind that there are many questions on Northern Ireland to be addressed at Question Time.

It is hoped that legislation to establish the human rights commission will be ready prior to Christmas. It is currently being drafted and I hope it will be ready in early December. I also hope some of the other measures will be ready before Christmas. It is highly likely I will return to Northern Ireland.

Is the Taoiseach satisfied that the Department of Justice, Equality and Law Reform has the resources to meet this legislative workload given that it is already committed to producing 22 Bills, some of which we doubt we will ever see? Is he also satisfied that, given the need to make urgent progress on the implementation of the British-Irish Agreement, he can meet the timetable he has outlined, whereby the text of the human rights legislation will be published within eight weeks?

The statement announcing the various measures indicated that legislation connected with the British-Irish Agreement would get absolute priority. If the legislation was to take its normal course in the queue it would not be ready, but I asked at that time that it would get absolute priority. That is the position. It is the only way we will get this legislation up and running. It will also include the legislation on North-South bodies, which is the subject of questions put down for Question Time.

When does the Taoiseach expect the Bretton Woods Agreements (Amendment) Bill to be introduced? Does he intend to introduce any proposals on a new Bretton Woods agreement which is required by the world at large? Could he also indicate if he will guarantee that our commitments to overseas development aid will rise this year as a proportion of GDP, rather than fall, which was the fear expressed by the Minister of State at the Department of Foreign Affairs, Deputy O'Donnell, in a speech she made on Monday?

The legislation on the Bretton Woods agreements was raised yesterday. It is suggested that parliamentary approval be obtained for the payment by Ireland of a contribution to the enhanced structure adjustment facility. I hope the legislation will be ready before Christmas, but it may not be taken before then. It is a short Bill and if it is ready it could perhaps be passed by the House. The other matter is for the Estimates process.

I call on Deputy Kenny.

On a point of order, the commitment to increasing ODA——

That is not a point of order. I have called Deputy Kenny on the Order of Business.

——as a proportion of GDP——

The Deputy should not persist and should resume his seat. I call Deputy Kenny.

Yesterday the Supreme Court lifted a High Court direction that the Minister for Justice, Equality and Law Reform would notify 3,000 non-residents in respect of gun licences issued to them. Will the Taoiseach ask the Minister to clarify section 12 of the Offences against the State (Amendment) Act, 1998, where instruction in the use of firearms is an offence against the State? We are in the middle of the game shooting season.

Is this a question on promised legislation?

It is a question on legislation. Holders of legitimately held licences who give proper instruction to members of their families in the use of firearms, should not be deemed guilty of an offence under the Offences Against the State Act, 1988. Will the Minister for Justice, Equality and Law Reform clarify that?

The implications of yesterday's judgment are being examined by the Department of Justice, Equality and Law Reform.

Given that Ireland faces a bill for up to £2.3 billion because of our failure to meet carbon dioxide reductions under the quota agreement, will the Taoiseach make time available to discuss the Buenos Aires summit, which the Minister, Deputy Dempsey, will be attending?

I thank the Taoiseach for his correspondence relating to the Arhus Convention. Am I right in thinking that there are three pillars, which the Taoiseach himself has referred to? Will we require legislation from the Department of Finance, the Department of Justice, Equality and Law Reform and the Department of the Environment and Local Government in order to ratify that agreement? When can we expect that legislation?

I wrote to the Deputy on that issue suggesting that he should take it up directly with the Ministers concerned. The Buenos Aires summit will take place on 10 and 11 November. I am sure the Minster will agree to report to the House on the outcome of that summit.

In relation to the Arhus agreement——

We cannot discuss this matter.

This is impending legislation. Three different Departments are dealing with it. I want to know when we can expect to see that legislation coming from those three Departments.

It is a matter for each individual Department when it will bring the legislation forward. It will not be composite legislation, there will be three separate elements.

We cannot discuss the matter any further. I am calling on Deputy Richard Bruton.

This is about——

We cannot discuss it. The Deputy should resume his seat.

When can we expect to see the legislation?

I have called Deputy Bruton.

I want to ask the Taoiseach about the Vocational Education (Amendment) Bill. Yesterday we read of a survey that showed one in five pupils regularly miss attendance at vocational or community schools. It is quite clear that current policies to tackle educational disadvantage are failing. What action will be taken and when will we see the Vocational Education (Amendment) Bill? Will it specifically do something for these large numbers of children who are dropping out of school early, are not attending regularly and for whom the education system is not delivering an adequate response?

The Educational Training Qualifications Bill will be ready before the end of 1998, if possible. If not, it may run into January. The Minister for Education and Science has already passed the heads of the School Attendance Bill. Legislation is being drafted in those areas, so both issues are relevant to the question the Deputy posed.

In relation to the promised legislation on the human rights commission, the Taoiseach agreed that the heads of the Bill could go to the relevant committee. In view of the timeframe he has enunciated, will the Taoiseach abide by that commitment?

I said earlier that we hoped to have the Bill published by Christmas and that is still the intention.

The complete Bill or the heads?

I raised this question with the Taoiseach before. Prior to its publication, I asked that the heads of the Bill be brought to the relevant committee because there is a lot of public interest, and indeed international interest, in this legislation. At the time, the Taoiseach kindly replied to me in the affirmative — that he would be willing to allow the heads of the Bill to go before the relevant committee. Is the Taoiseach willing to abide by that commitment?

I cannot remember giving that commitment on the Order of Business, but if I did so, I will certainly honour it. I do not remember the Deputy asking me that on the Order of Business.

I remember it clearly.

If there is time to do that, I do not have a difficulty about the heads going in front of the Bill. I think the heads are almost available. I will talk to the Minister.

I hope the Taoiseach is not losing his memory.

I doubt it.

That is a bad sign.

(Interruptions.)

Can I take it then that that answer is in the affirmative and that the Taoiseach is abiding by the commitment he made earlier?

I am checking the list of commitments I have given here, but it is not listed. However, if I did give that commitment, and if it is possible, I do not have a difficulty with it.

When will the McKinsey report on the beef industry be published? When will the Minister for Agriculture and Food open Hume House for the area aid submissions? Is the Taoiseach aware of the revolt in rural areas because farmers can neither visit nor ring the area aid unit at Hume House? That is contrary to the Freedom of Information Act because it basically means that people cannot see their own private data. Is the Taoiseach aware that is going on?

The Deputy's questions are not in order on the Order of Business. He should resume his seat. Does the Taoiseach wish to comment on that?

The Minister will set up a committee to deal with it.

I do not think the questions are strictly about legislation. However, last week, the Minister for Agriculture and Food announced the establishment of a task force in the beef industry. The objective of the task force is to devise an action plan to deal with the major problems facing the industry. Some of these problems concerning over capacity and the need for rationalisation have been examined in a report on the beef industry, which has just been completed by McKinsey consultants, which the Deputy referred to, on behalf of the Minister for Agriculture and Food and Enterprise Ireland.

The other problems concerning a quality based payments scheme have been addressed in the context of the tripartite group composed of representatives of the Department of Agriculture and Food, the IDA and the meat factories. The Minister for Agriculture and Food believes that in view of the need to address all the problems facing the beef industry at present, and in the context of Agenda 2000, it is important that the task force should be established immediately to prepare the action plan.

Many Members are offering. I would ask them to be very brief with their questions, otherwise I will not be able to facilitate all of them.

Larry Goodman is in charge.

There is no truth in that whatsoever.

Like the fox in charge of the chicken run.

One would not need any passports for them.

What is the timetable for the White Paper on Defence and the legislation in relation to Civil Defence?

The Civil Defence legislation is at a very early stage. The White Paper is due in the middle of 1999.

What is the current position about the legislation to confer additional powers on the Comptroller and Auditor General in respect of the inquiry into financial institutions, being conducted by the Committee of Public Accounts?

Last week I received a report that the Attorney General's office and the legal representative of the committee have been in consultation. I think they have agreed their proposals but I have not yet seen them. I think, however, that they have agreed on the modus operandi to move forward. Those proposals are being developed by the Attorney General.

Will the Taoiseach introduce it this term?

I will have to check precisely. I cannot give that commitment because I am not sure of the outcome. I know they agreed on the areas where powers are necessary. The Attorney General has agreed to advance that. I do not know what the timescale is though.

What is the present state of the proposed Family Law (Protection of Children) Bill, to give rise to the ratification by this country of the Hague Convention?

I do not have a date for the legislation which, as the Deputy said, is to provide for the ratification of the Hague Convention, 1993. Work has commenced in the Department on preparing the proposals. The heads of the Bill have not yet been brought before the Government. The legislation is still some months off.

Is the Taoiseach aware that this legislation has been included in the priority list on the pink sheets? As we are now into November, will he state that he is unlikely to meet the Government's deadline for publication of this matter prior to December?

The heads of the Bill may be agreed before Christmas but it is unlikely the legislation will be published before Christmas.

The Equal Status Bill also contains measures that are relevant to the British-Irish Agreement. Is that legislation also being given priority in the queue?

It is, and I hope that legislation will be ready immediately after Christmas.

In view of the EU's reluctance to approve the tax package for the docklands development project, is the Taoiseach satisfied the National Conference Centre project will still go ahead?

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

When is the Mental Health Bill likely to come before the House?

It is at an advanced stage of preparation. It should be published before Christmas.

The Chair may be able to help me with the second matter I want to raise. Yesterday morning I received notice from his office of the refusal of 14 questions.

We cannot take that matter up now.

I would like the Chair's assistance because that was not his ruling but a ruling of the relevant Departments. I want to help the Chair and I want him to try to help me.

It is not in order to raise that matter in the House. I ask the Deputy to resume his seat.

It is about Members' rights to ask questions. It is obviously the policy on the Government side to refuse to answer questions. Will the Chair protect the Members of the House?

The Deputy is being disorderly. He should resume his seat.

Will the Chair protect the Members of the House?

The Deputy should obey the Chair and resume his seat.

Given the ongoing chaos we endure day after day in this city, especially on the north side, which the Taoiseach and I represent, when can we expect the Minister for the Environment and Local Government, Deputy Dempsey, to introduce legislation to give effect to his famous five or seven year traffic action plan? It is important that he does not keep this vital plan to himself and that we get some action on it before Christmas.

The Minister has already announced his comprehensive action plan.

Nobody noticed.

Most of that is under way. People will notice the amount of construction going on. There is no particular legislation.

What is today's explanation for the fact that the Children Bill has not yet been introduced in Committee 19 months after its second reading in this House?

Frank Fahey is in Galway with the protesters.

I have answered Deputy Currie at least ten times on this.

Let us hear today's explanation.

The explanation is the same every day. I am not too sure who the chairman of the committee is, but if the Deputy really wants to progress this matter, the chairman of the committee should raise it with the Minister and the Bill could then be proceeded with in Committee.

I would point out once again that it is not in Committee.

Does the Taoiseach intend to introduce legislation to enable officers of the Department of Social, Community and Family Affairs to take into account the current crisis in farming? Many small farmers are being excluded from receiving social welfare benefits because the rules are such——

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

Ta dhá cheist agam faoi reachtaíocht atá geallta — an céad cheann ná Bille Údarás na Gaeltachta. What effect will the proposed regionalisation of the country have on the timescale for its publication, as it would have quite a serious impact? Can the Taoiseach give a commitment on when he will have answers to the questions from Deputy Gormley about the Aarhus Convention, given the international commitment into which we have entered?

That is not in order.

It is in order. The Taoiseach is in charge.

In regard to Údarás na Gaeltachta, the amendment Bill is expected in early 1999. To get the answers he requires, Deputy Gormley should put down a question to each of the three Ministers.

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