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Dáil Éireann debate -
Tuesday, 17 Nov 1998

Vol. 496 No. 6

Order of Business.

It is proposed to take No. 20, Statements on the Rail Safety report. It is also proposed, notwithstanding anything in Standing Orders, that the following arrangements shall apply: (i) the opening statement of a Minister or Minister of State and the main spokespersons for the Fine Gael Party and the Labour Party shall not exceed 20 minutes; (ii) the statement of each other Member called upon shall not exceed ten minutes in each case; (iii) Members may share time; and (iv) a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed ten minutes. Private Members' Business shall be No. 57 — motion on Education.

Is the proposal for dealing with No. 20 agreed? Agreed.

Does the Government plan to introduce legislation to redraw the boundaries of regions operating under the relevant planning legislation to incorporate counties in certain regions which are not incorporated?

I call Deputy Quinn on the same issue.

I would like to hear the Taoiseach's answer.

It is not appropriate on the Order of Business.

I hesitate to offer an opinion on Standing Orders and the rules of the House, but I understand the Leader of the Fine Gael Party has asked a question about promised or intended legislation, which is in order, and the Taoiseach was about to reply.

I appreciate the Deputy's advice, but it is incorrect. It is not in order to ask about legislation which is not promised.

There have been enough promises in this area.

This legislation may have been promised and you did not hear about it.

This matter does not require legislation, but the Government has decided to pursue an application to Eurostat, the statistical service of the European Union, to change Ireland's current status as a single region to two regions.

Will the boundaries of regions be redrawn to facilitate certain counties which are in regions that will not qualify under the Government's application so they can be included with regions for which Objective One status is being applied?

If the application to Eurostat is successful, the regional arrangements will have to be agreed. That means we will have a revised regional structure in the context of the regionalisation proposal. This will be the subject of discussions with the Commission.

When will the legislation necessary to give effect to the British-Irish Agreement, specifically in the area of human rights and related matters, be introduced?

I hope the human rights legislation will be available before Christmas.

As regards the commitments in the document published by the Government Chief Whip on 28 September, 32 of the 114 Bills before the House, due for publication or promised in one form or another are the responsibility of the Minister for Justice, Equality and Law Reform. Is the Taoiseach satisfied the Government can meet those commitments, particularly in terms of the implementation of the British-Irish Agreement?

As I stated before, the legislation relevant to the British-Irish Agreement is receiving priority. Deputy Quinn is correct that, because of the enormous workload and success of the Minister for Justice, Equality and Law Reform, he is turning out more legislation than anyone else, which is creating pressure in his Department and elsewhere.

(Mayo): He is not turning it out, but promising it.

The Deputy should allow the Taoiseach to reply without interruption.

The British-Irish legislation is receiving priority. It is important and is due to be published in early to mid December.

I understand from the Taoiseach's earlier reply that the Government has made a decision to divide this country into two artificial economic regions. When is it intended to introduce the necessary legislation to devolve powers to these regions? I understand the Commission has indicated it will not accept regions unless it has power to disburse the money which may be allocated. When does the Taoiseach intend to come into the House to give us the full text of the Government's decision so that we can debate it?

The Minister for Finance and I have answered questions on this issue on numerous occasions. The full details will be in the public domain later this evening and it will then be a matter for the Whips to decide if the issue requires further discussion. As I stated, the revised structural arrangements will be discussed with the Commission and whatever changes are necessary will be made at that stage. Whether it requires legislation will be a matter for another day.

The debate we had in this House was about two 13 county regions. Rumour has it, because that is all we have to go by at present, that Clare and Kerry have been added to the proposed Objective One region. Can the Taoiseach confirm that is the case and that this is not the issue around which a debate was held last week? We had a debate about a 13, not a 15 county region. How can the Taoiseach justify including Galway, Clare and Kerry and excluding Limerick west and Cork west, for example?

(Mayo): Is the Taoiseach aware that of the six Bills promised by the Minister for Justice, Equality and Law Reform for publication before Christmas, only one, the Protection of Children (Hague Convention) Bill, has been published? The Taoiseach said the volume of legislation being turned out by the Minister is superb. However, the only things being churned out by the Minister are prisoners. The people voted overwhelmingly in a referendum to change the bail laws.

I ask the Deputy for brevity.

(Mayo): In June 1997 both Houses passed the Bail Bill which gave effect to the wishes of the people. It is now November 1998, yet, apart from dealing with offences against the State in the wake of the Omagh bombing, we have not given legal effect to this legislation. When will the full legal effect be given to the bail Act?

The Minister has promised at least four or five Bills in this session and he is endeavouring to achieve that in conjunction with the parliamentary draftsman. As the Deputy knows, full implementation of the bail arrangements was linked to the availability of prison spaces. Enormous strides have been made in the prisons' capital programme as a result of contracts made by the Minister in the past 18 months. When the full arrangements are made I will ask the Minister to communicate with the Deputy.

All stages of the Education Bill were passed in the Dáil. That Bill was designed to prevent people having to go to court to contest their rights to an appropriate education, yet we read the Minister is taking cases against parents to stop them asserting those rights.

That matter is not appropriate to the Order of Business.

What is the status of this legislation? We are passing legislation in this House while the Minister is defending cases in the courts which contradicts the work we are trying to do in the Dáil.

That matter is not appropriate to the Order of Business.

It is very appropriate outside this House.

The Deputy should table a question on the matter.

On forthcoming legislation, will the Taoiseach confirm or deny if it is the Government's intention to sell Coillte? If it intends to sell it, will that require legislation and will we have an opportunity to discuss this matter in the House? This has been reported in the newspapers. Will the Taoiseach deny that?

Will the Taoiseach allow an immediate debate in the House——

It is not appropriate to ask about a debate.

The Chair has not heard the matter I wish to ask the Taoiseach about.

That does not matter, it is not appropriate to ask for time to debate a matter. If that was not the case, any Member could raise any issue he or she wished.

I am within my rights to ask the Taoiseach if he will allow Government time to discuss the environmental hill sheep scheme announced yesterday.

The Deputy is not entitled to raise that matter.

Will the Taoiseach indicate when the Minister will open the area aid office?

Deputy Connaughton, please resume your seat.

I assure the Taoiseach that his colleagues were less than complimentary about him last night.

When does the Government or the Minister for Justice intend to publish legislation to allow the Garda to arrest suspects without a warrant?

No such legislation is listed.

We can legitimately raise on the Order of Business legislation that is promised. This legislation was promised by the Minister during a radio interview last week. Was he offside or did the Taoiseach know what he was doing?

There was a report in a newspaper over the weekend on the recommendations of an expert legal group. I assume that report is with the Minister, but he has not brought forward any considerations for legislation in this matter to Government.

Will the Minister publish the report?

As far as I know, it is in the public domain.

It is not. It is like all the other reports, bits of it have been leaked to the newspapers.

The question I wish to raise relates to the rights of this House and the Chair rather than the Taoiseach may be the appropriate person to answer it. I understood the Taoiseach to say he would discuss possible legislative changes to split the mid-west region and to split the Cork-Kerry region for EU aid purposes in Brussels. There is an issue of privilege here in that any proposals for legislation approved by this House should be discussed with this House before being discussed with an external authority so that this House does not become some form of a rubber stamp for something that has been agreed elsewhere. Will the Taoiseach give an assurance that the House will be consulted in full about any proposal that will be made by the Government to the European Union that would involve changing arrangements that have been approved in this House?

The Deputy should table a question on that matter.

This is a matter of——

It is not a matter appropriate to the Order of Business.

It concerns the integrity of a specific process of the House.

That is why I suggested the Deputy should table a question on the matter.

On the same matter and arising from the Taoiseach's reply to a supplementary question, does the statement which he indicated would be announced later today contain promised legislation? If so, would it be impertinent of this side of the House to ask him to tell us what is in it?

I said the Government has decided that the revised regional structure is needed in the context of the regionalisation project. This will be discussed with the Commission in Europe. It will also be discussed with the regional authorities here and if, following those discussions, legislation is required, it will be introduced. This matter will be discussed with the Commission because such discussion is necessary when approval for a project is based on Eurostat's figures. Eurostat will make the final decision because, as Members know, the Government cannot dictate in this regard. We will discuss whatever changes have been made. The Commission has made some suggestions about regional structures which the Government has taken into account and we will discuss those matters with the regional authorities. If legislation is required in due course, it will be introduced, but that will be decided after those two important discussions.

Given that the Government will make a major announcement that will effect the well-being of everyone on this island, that there may be legislative implications in relation to it and having regard to the Taoiseach's concern for efficiency, the fact that the media are present and that we, on this side of the House, have a marginal interest in its content——

We cannot have a debate on this matter now.

——the Taoiseach might respect the dignity of this House and tell us the Government's decision on this now? As the statement will be issued later today, will the Taoiseach tell us the Government's decision on this matter now?

I said the Government has decided to pursue an application to Eurostat, the statistical service, to change our current status as a single region to one comprising of two regions.

Is that without Clare and Kerry?

I now call Deputy Dukes.

Will the Taoiseach indicate if the Government has made a decision without knowing if legislation will be required? What kind of decision is that?

I have called Deputy Dukes after whom I will then call Deputy De Rossa.

Will the Taoiseach confirm that he is saying the Government intends to discuss with the Commission in Brussels and with the regional authorities here a change in the devolution of powers to regions without discussing it with this House? If that is what he is proposing, I invite him to change his mind about it very quickly.

I find the Taoiseach's response to these questions astonishing.

We cannot have a debate on this matter now. The Deputy should ask an appropriate question.

I made the comment that I find the Taoiseach's response to this matter astonishing. He told the House that he does not know whether legislation will be required, but the Government has made a decision in any event to pursue a two-region strategy and to breach the boundaries of existing regions.

That aspect of the issue has been dealt with.

Will the Taoiseach clarify if the Government has discussed with anybody, even Deputy Healy-Rae, whether legislation will be required.

Is it intended to publish the Broadcasting Bill during this session?

It is hoped it will be ready by mid-December.

West Limerick is contiguous to Kerry and Clare.

We have moved on from that issue.

As the Taoiseach has opened up the regional areas, will further submissions be entertained in respect of counties that will be economically disenfranchised by his decision?

The Government has published a Bill to dissolve the Eastern Health Board. Does it also intend to dissolve the Mid-Western Health Board and the Southern Health Board in view of the announcement on the 3 o'clock news that Clare and Kerry are to be included in this proposal?

I call Deputy Sheehan.

The Taoiseach is afraid to answer questions in this House.

Deputy Finucane should allow his colleague, Deputy Sheehan, to make his point.

The Tánaiste could announce this from Brussels yesterday. Who is running the shop?

Given that the Taoiseach said the Government has decided to include additional areas in its submission for Objective One status, and Clare and Kerry are to be included, does he realise that disadvantaged areas of south-west and north-west Cork adjoin Kerry? Will they be included in the Taoiseach's submission to Brussels?

Thank you, Deputy. I now call Deputy McManus.

I hope the Taoiseach will adhere to the request of the Minister for Agriculture and Food to ensure my constituency is not left out in the cold? I ask the Taoiseach to give the House a commitment that the region in question will also be included for approval by Brussels.

I call Deputy McManus.

(Interruptions.)

I have a question on proposed legislation. I hope the Taoiseach will keep in mind that I represent the only county, Wicklow, with a pro-Government Independent Deputy who is not receiving preferential treatment.

A question on proposed legislation please, Deputy.

I hope the Taoiseach will cater for the needs of County Wicklow because he is showing generosity elsewhere.

With regard to promised legislation, is it intended to publish the Illegal Immigrants (Trafficking and Employment) Bill before Christmas?

I understand from published reports that the legal representatives of the Committee of Public Accounts and the Government — including the Attorney General — have reached agreement in respect of how we might give effect to the motion passed by the House on 21 October. Will the Taoiseach indicate when legislation to enable the committee to investigate alleged irregularities at AIB in respect of the payment of DIRT will be brought before the House?

It was stated last week that every effort would be made to finalise these matters over the weekend. I thank the committee, its chairman, the legal representatives, members of staff and the Office of the Attorney General who finalised these matters on Friday, having worked on them the previous weekend. It is hoped the Bill will be published in a fortnight.

When will the Government make time available for a debate on the Buenos Aires convention on climate change, given that its CO 2 abatement strategy is in tatters and that we face a bill for millions for pounds as a result of our failure in this area?

Is there legislation promised?

It is a matter for the Whips to arrange such a debate.

Will the Minister come into this House——

The Order of Business is due to conclude shortly. I call Deputy McDowell.

Deputy Gormley rose.

I ask Deputy Gormley to resume his seat.

When will time ——

The Deputy will be obliged to leave the House if he does not resume his seat immediately. I ask him to obey the Chair. Deputy McDowell has been called.

Will the Taoiseach——

Deputy Gormley should address his remarks through the Chair.

The Deputy is making a fool of himself.

That is not true.

I will ask Deputy Gormley to leave the House if he does not desist.

Does it remain the Government's intention to introduce legislation to deal with the problem of Irish registered non-resident companies being used for money laundering purposes? If so, which Department will be responsible for drafting the legislation?

Is there legislation promised?

This matter will be dealt with under the new company law Bill.

When does the Taoiseach intend to make an announcement regarding funding for the special millennium environmental works programme for urban areas such as Dublin, Cork and Limerick?

That matter is not appropriate to the Order of Business.

Will the Taoiseach explain why there has been a delay in drafting the amendments to the long awaited Children Bill? Will he give a commitment that they will be ready within the next month?

It is 21 months since the Bill had its second reading.

I call Deputy De Rossa.

A Leas-Cheann Comhairle, I asked a question on promised legislation.

It is not appropriate to the Order of Business.

It is, because it deals with promised legislation.

The Bill is already before the House.

Deputy Shortall asked me about this matter last week and I made a number of investigations into the current position. Assuming that the health discussions are concluded in the next week and that it will take a further one to two weeks to incorporate the new elements into the submission to Government, the amendments will probably not be ready to be forwarded to the parliamentary draftsman until the end of this month. On that basis, it looks increasingly unlikely that they will be ready before Christmas.

Due to the fact that the Taoiseach's replies on regionalisation have given rise to confusion and have left many questions unanswered, will he or the Minister for Finance come before the House——

That is not relevant to the Order of Business. I call Deputy Joe Higgins to ask a final question.

It is valid to ask if the Taoiseach will provide time this week to explain why——

The Deputy is aware that this matter is not appropriate to the Order of Business.

(Dublin West): With regard to the C2 list and in view of the anxiety of many people to see the vestiges of old-style landlordism finally stamped out unfortunately a new home grown breed has recently appeared——

Does the Deputy have a question on proposed legislation?

(Dublin West): Will the Taoiseach expedite matters in respect of the ground rents Bill? Will he also provide legislation to prevent valuable space on public transport being occupied by a former Taoiseach — who has access to a State car — masquerading as an ordinary passenger?

That is not appropriate to the Order of Business.

(Dublin West): The former Taoiseach, to whom I referred, advocates the privatisation of the bus service.

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