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Dáil Éireann debate -
Thursday, 26 Nov 1998

Vol. 497 No. 4

Order of Business.

It is proposed to take Nos. a8b, motion re. priority questions; No. 2, Carriage of Dangerous Goods by Road Bill, 1998, amendment from the Seanad; No. 24, Tourist Traffic Bill, 1998, Second Stage (resumed) and Committee and Remaining Stages; and No. 25, Irish Sports Council Bill, 1998, Second Stage (resumed). It is also proposed, notwithstanding anything in Standing Orders that (1) No. a8b shall be decided without debate and (2) any division demanded today on the Second Stage of No. 25 shall be postponed until immediately after the Order of Business on Tuesday, 1 December 1998.

There are two proposals to put to the House. Is the proposal for dealing with No. a8b agreed? Agreed. Is the proposal for dealing with the postponement of a division today agreed? Agreed.

On No. 2, Carriage of Dangerous Goods by Road Bill, 1998, and the promised legislation dealing with administrative procedures, is the Tánaiste aware that the independent report on rail safety was, apparently, altered in the Department prior to publication? It is a serious matter that a report of that nature which concerns the safety of lives would be altered by officials when it was supposed to be independent. Will the Tánaiste inquire if the Minister for Public Enterprise will make a statement to the House to explain why this happened?

It is expected that the administrative procedures Bill will be published during 1999. I am not aware of the allegation to which the Deputy referred. It would be more appropriate to table a question to the relevant Minister.

I would be grateful if the Tánaiste would inquire into the matter which is of considerable seriousness.

I congratulate the Ceann Comhairle, on behalf of the Labour Party, on the excellent speech he made earlier. Will the Tánaiste indicate the reason there are outstanding in her Department 17 Bills to ensure this country complies with the conditions and terms attached to the Internal Market?

I join the Deputy in complimenting the Ceann Comhairle. He did us proud.

Hear, hear.

I hope his words about the need for calm and peace will be heeded by the Opposition.

There will be peace only when the Tánaiste is on this side of the House. That is our precondition.

The Deputy should not hold his breath.

As Deputy Quinn is aware from my reply to a recent parliamentary question, there are a number of Bills outstanding in the Department. Urgent priority has been given to the copyright Bill which runs to 500 sections. Company law is also being amended. It is not always possible to receive legislation as speedily as one would wish from the parliamentary draftsman's office but priority will be given to implementing our commitments under EU directives as speedily as possible.

In light of the negotiations with the European Commission and our partners in Europe on a range of issues which are at a delicate stage will the Tánaiste emphasise the necessity to establish a special unit across Government Departments to expedite the matter? The present system — this is not a reflection on the Government — is not working. We are seriously in arrears on this project.

That is a good suggestion and I will pursue it.

I join other party leaders in congratulating the Ceann Comhairle on his excellent speech. Will the Tánaiste indicate when the Bill listed at No. 41 on page 12 under the heading "Justice, Equality and Law Reform", the purpose of which is to amend the Irish Nationality and Citizenship Acts, 1956-94, in the context of the Agreement reached in the multi-party talks and to provide for other matters, will be presented? Unlike other constitutional aspects, this reform is not contingent on full implementation of the Agreement. I hope to see the Bill at an early date.

The heads of the Bill were cleared by the Government on 21 October. It is being given priority and we hope to see it soon.

With regard to the Vocational Education Bill, the Tánaiste and Minister for Enterprise, Trade and Employment has specific responsibility for industrial relations and partnership. The Bill is scheduled for after the local elections when the vocational education boards will be appointed. It should be brought forward so that parents and teachers can have statutory representation provided for them before the local elections when these committees will be established. Will the Minister take a specific interest in introducing the Bill because it bears on her responsibilities in relation to partnership, which has a very important bearing on the education system?

The heads of the Bill were recently circulated for comments by Departments. I have taken a special interest in the legislation and I understand it is due to be published next April or May.

Will the Tánaiste assure the House that it will be passed before the local elections, which is the crucial date about which people are concerned?

If it is not published until next May I cannot be optimistic that it will be passed by both Houses of the Oireachtas in time for the local elections on 11 June. However, we will give consideration to the point expressed by the Deputy and I will consult my colleague, the Minister for Education and Science.

I also congratulate you on your urbane and witty speech this morning. On the Order of Business yesterday I asked the Taoiseach if we would join Partnership for Peace without a referendum to which he replied "No." Yesterday the Minister for Defence indicated that the pathway to joining Partnership for Peace is now clear. Is the Taoiseach saying we will have a referendum on that?

It is more appropriate to raise this matter by way of a parliamentary question. There are no proposals at present. I understand the Taoiseach gave a commitment that there would be a referendum in the event of Ireland joining Partnership for Peace. When he replied "no" to the Deputy's question yesterday I believe he meant that nothing is being considered with regard to the matter at present.

On 19 October the task force on seafarer training and employment reported to the Minister for the Marine and Natural Resources. Can the Tánaiste indicate if it will be published in the near future as it is very significant for the fishing industry?

I am informed by the Minster for the Marine and Natural Resources that it has been published.

Published and acted on.

I did not get a copy. The Minister's PR is slipping up.

Is the Tánaiste enthusiastic about the Trinity College Bill and, if so, when will it be introduced to the Chamber? The main union concerned has rejected the code of practice introduced for Sunday trading. Does this mean the Government will not introduce legislation and that the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Tom Kitt, has acted as undertaker to his own Bill?

The Minister of State at the Department, Deputy Kitt, has successfully negotiated a voluntary code of practice between the various social partners on this very difficult issue. The Deputy is aware it is a complex area and there are no plans to legislate.

Trinity College is my alma mater. I am informed by the Chief Whip that the introduction of the Bill referred to by the Deputy requires a motion to be put before the House. He expects it to be moved next week.

(Mayo): I understand that yesterday the Cabinet cleared the report of the expert group established to examine the legislative implications of the SMI report on the effectiveness and efficiency of the Garda Síochána. Given that the report contains far reaching proposals on station bail, longer detention, search warrants, video recordings and the right to silence, when will legislation be introduced?

The Government discussed the report on Tuesday and the Minister for Justice, Equality and Law Reform will introduce proposals to the Government to implement many of its findings. I do not know when that will happen. I will make inquires and communicate with the Deputy. I believe it will be some time in the middle of next year.

The Housing (Gaeltacht) (Amendment) Bill has been promised by the Government as part of its legislative programme. It will give legislative effect to changes made since 1982 in the housing grants administered by the Department under the Housing (Gaeltacht) (Amendment) Acts, 1929-79. The legislation is necessary as a result of a court case.

I understand that heads of a Bill are being prepared in the Department and that publication is not expected until the middle of 1999. The basis of decisions on Gaeltacht housing are dependent on this legislation ratifying what went on in the Department of the Gaeltacht since its inception. I cannot understand how matters can function without its immediate implementation. On several occasions I have asked in both languages when this legislation will be published. It was in preparation in the Department when I was Minister.

I do not know why the Deputy did not complete the preparations when he was Minister. It would have been in his interest to do so. The heads of the Bill will be brought before the Cabinet before Christmas.

When will the legislation be published and will it be in advance of decisions taken on housing in the Gaeltacht? It was well advanced and we acted immediately on it following the court case.

If the heads of the Bill are to be brought before the Cabinet before Christmas I will expect legislation to be published next spring.

Arising out of our proceedings this morning and the remarks made by the British Prime Minister, will the Tánaiste indicate if the Government would agree to prioritise some of the legislation relating to what the Prime Minister said? For example, legislation on customs co-operation would assist in fighting the common drugs menace in these islands.

On another matter mentioned by the Prime Minister, the University of Industry, perhaps the legislation on the establishment of teaching and other mutual recognition of qualifications might be prioritised and made the subject of co-operation between Britain and Ireland so that we will not just have recognition within Ireland but mutual recognition in the two islands of each other's qualifications under that legislation. Perhaps the Tánaiste would indicate the time frame on this and on the other matter I raised?

The proceedings this morning were greatly assisted by your introduction, Sir. It was one of the best speeches I have heard made in the House by any Member. Your combination of serious content with very good jokes is a great credit to you. Deputy Quinn spoke for all the House in praising you for what you did this morning. You can remember it with pride.

There is much merit in what the Deputy said in response to the Prime Minister's speech. In the context of the new British-Irish council many matters of mutual interest will have to be advanced more rapidly because it is in all our interests to develop the closer relationship there is now between these two islands.

The memorandum on the Customs and Excise (Mutual Assistance) Bill has been circulated to Departments for observations and the heads of a Bill are expected to be submitted to the Government next January. Given the new procedures to be established on the island and between these two islands, I hope we will be able to work more closely together as the Prime Minister suggested. In the area of legislation we should give priority to some of the points made by Deputy Bruton.

Would the Tánaiste agree that rather than waiting for the establishment of overarching structures, councils, bodies and what these entail by way of meetings, minutes, etc., if four or five Bills from the Government's legislative programme were identified as possible areas of co-operation with Britain and were dealt with immediately, the results achieved would give confidence to the new institutions? Perhaps the Tánaiste would take an interest in this so that matters may be followed up.

Ba mhaith liom teacht leis an méid atá ráite ag daoine eile. Bhí an méid a dúirt tú ar maidin an-mhaith agus táimid go léir fíorbhuíoch díot as. On promised legislation and in the context of the British-Irish Agreement mentioned by the British Prime Minister this morning, will related legislation include harmonising regulations for charities in this jurisdiction, the North and, perhaps, in Britain where a charities commissioner acts like a companies office for charities? Will this matter be covered by the Fundraising for Charitable and Other Purposes Bill?

Following a reply to me in the Dáil yesterday, will the Wildlife (Amendment) Bill be published and enacted before the biogeographical conference for the Atlantic region mentioned in the Dáil reply which is arranged for September? Does the Tánaiste envisage the Bill being enacted before that conference or will there be a further delay, as feared?

I understand the Wildlife (Amendment) Bill will be published in early 1999 and I hope it will be in place by the time the relevant conference takes place. In terms of the wildlife sitting in the front and my colleague, Deputy Rabbitte, I am sure it will be in place before too long to deal with matters of interest.

Is there any chance of postponing the conference?

The Deputy is right about charities. I do not know about the harmonisation between North and South but there are major problems in this area. Legislation has been promised and it is a matter of urgency that we enact it because we all know about disturbing matters which have come to attention recently. I hope the legislation can be given priority in the Department of Justice, Equality and Law Reform because that would certainly be the Government's wish. This matter was discussed very recently by the Government.

The Minister of State at the Department of Education and Science launched a Green Paper yesterday and stated that he intends to implement a national qualifications system for adult education. Will this be placed on a statutory basis and when will legislation be introduced?

What is the delay in publishing the Youth Work (Amendment) Bill? The Taoiseach gave a commitment last year that it would be published before Christmas but it has still not been introduced. The Bill had been approved prior to the last general election and there is no reason for the delay.

The Government will consider the heads of the Youth Work Bill in the next two weeks. On the Green Paper, that is a discussion document and I cannot anticipate the outcome of the discussion which will follow its publication. Clearly, it is always desirable in so far as one can to put matters of this type on a statutory footing. The Minister of State, Deputy O'Dea, wishes to engage in widespread consultation with all the interested parties, including the Members of the Opposition.

Through the newspaper columns.

The membership of the Disability Authority was announced last summer. When will legislation be published to put that authority on a statutory basis?

I am told it will be published by the end of 1998. It is very close to finalisation. The legislation has not yet come to Government but I understand it might do so in the next couple of weeks.

Is it likely to be approved by Cabinet before Christmas?

Apparently that is the intention.

A few moments ago my colleague, Deputy Jim Higgins, asked about the publication and circulation of an expert report on the Garda Síochána. There is a further expert report on criminal law reform with specific reference to the laws of evidence which has not been published but is the subject of chat show conversation on a daily basis. Will the Tánaiste devise an appropriate protocol which would see the circulation of these documents to Members at the earliest possible date before they become the subject matter of chat show after chat show on the radio? The lack of circulation of these documents reduces further the already diminished role of the elected Members of Parliament.

Without referring to the specific report, I agree generally that official reports should be published as quickly as possible and that certainly would be the intention in most respects.

Not with the health waiting list report.

It will be published in due course. The report is currently being considered by Government and everyone who has been in Government will understand that it needs time to consider these matters. We have not had that report for very long but it will be published, as the Taoiseach said yesterday.

I will make inquiries on the particular report Deputy Flanagan mentioned but generally speaking reports commissioned officially or by Ministers should be made available as a matter of course. In any event, they normally leak in an undesirable fashion so it is better that people have an informed debate on what is contained in many of these reports.

Will legislation be necessary to recognise Objective One Status? If so, will it be introduced quickly to allow the Objective One area to benefit? Will the Tánaiste use her undoubted influence with the Taoiseach and Minister for Finance in the run up to the budget on behalf of pig and livestock farmers and rural Ireland?

A chance to bring home the bacon.

It is called the puck fair of Killorglin legislation.

The Taoiseach answered the question yesterday on the regionalisation issue and I know Deputy Crawford is a strong advocate of it as he and I have discussed it. He knows it will be of enormous benefit to the Border counties, particularly his constituency. On the creation of regional authorities and devolved powers, if legislation is necessary, which it may well be, it will be forthcoming.

It might even stop the pigs crossing the Border.

I ask you, a Chean Comhairle, for your assistance as regards the disallowance of parliamentary questions.

That matter cannot be discussed now.

I would like to ask you a question, Sir, if I may. If there is clearly a dispute — I appreciate you have a personal role to play and do not decide whether a question is in order — surely Members have some rights to a second chance to see whether the question is in order. I am aware a number of Deputies have had the same experience as I in that questions are being disallowed on very thin grounds. Will the Ceann Comhairle look at this matter? Perhaps we could discuss it if he so wishes.

It cannot be dealt with in the Chamber but if the Deputy wishes to have a word with me, he is welcome to come to my office.

When will the Seaweed Alginate Industries Bill be introduced?

I understand the report of the seaweed forum is awaited. Legislation will not be introduced until after that.

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