Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 2 Feb 1999

Vol. 499 No. 3

Order of Business.

It is proposed to take No. 27, the Bretton Woods Agreements (Amendment) Bill, 1998, Second Stage (resumed), and No. 3, the Electricity Regulation Bill, 1998, Order for Second Stage and Second Stage. Private Members' business will be No. 69, motion re. housing.

There are no proposals to put to the House.

I wish to indicate my lack of agreement to today's Order of Business. The Fine Gael Party believes that before any business is taken, the Taoiseach should first explain the now acknowledged differences between—

It is the Taoiseach's prerogative to announce the items of business to be taken under Standing Order 26.

I accept that but I wish to indicate that I do not agree to the taking of those items on the grounds that the Taoiseach has yet to explain how he came to rely on Charles Haughey for his statement last week, what he told Joe Burke and—

Deputy Bruton, you are totally out of order.

—and the real facts about the Fianna Fáil fundraiser in London.

Deputy Bruton, this is totally out of order. If you wish to raise an item arising from the Order of Business—

I wish to raise on the Order of Business—

Something appropriate to the Order of Business.

Will the Taoiseach use Government time to explain to the House the differences between the impression he gave last Wednesday and the now known facts as regards his reliance on Charles Haughey for the preparation of his statement last week—

That does not arise on the Order of Business.

It does.

—what he asked Mr. Joe Burke to do and the true facts as regards the Fianna Fáil fundraiser in London which were not reflected in the Taoiseach's statement last week.

The Fianna Fáil Whip, who is the Government Whip, received a letter from Deputy Sheehan to which he replied and I believe he made reference to those issues. It may be helpful to make that reply available in the Library where Members may view it. I understand Deputy Sheehan made the letter public because its contents are known around the House. As I stated on Wednesday last, if there is hard evidence that anything mentioned in my statement or in my replies to questions was wrong, I would be happy to make a statement correcting the record but no one to date has provided me with any hard evidence. Reported claims by Mr. Gilmartin – matters that apparently journalists put to him after I spoke – are not hard evidence. It has been given to me by the media, either directly or through the GIS. If they conflict with state ments made by me or others, they will have to be assessed by the Flood tribunal.

If I come across any inaccuracies or matters which I believe are in conflict with what I put on record here last week, I will keep the promise I made on that occasion – a promise which was sought by Deputy Quinn – and will make them available to the House. If what I say here leads to people ringing Mr. Gilmartin and, as a result of what he says, I have to come back to the House to make a further statement, I will be here for the rest of my life, and I will not do that.

Does the Taoiseach agree that Mr. Gilmartin has been largely accurate in—

Deputy Bruton, we are not having a debate on the matter. The Deputy has heard the Taoiseach's response. I will allow Deputy Shatter raise a point of order.

Is it in order for the Chair to talk over Deputy Bruton every time he rises to his feet because that is the precedent you have established?

Deputy Shatter, I resent that remark. The Chair has been more than fair to the leader of your party.

It is outrageous Sir, and you know why you are doing it.

Deputy Shatter, you will withdraw that remark.

It is outrageous.

Deputy Shatter, are you accusing the Chair of being partial?

Sir, I said you know why you are adopting this; it is for you to draw your own conclusions.

Do I take it that you are accusing the Chair of being partial? I take it you are not accusing the Chair of being partial.

Does the Taoiseach not agree that Mr. Gilmartin has been largely shown to be accurate in his recollections? Does he further agree—

Deputy Bruton, you know this is not on the Order of Business.

—that he should have had evidence when he came in here last week and should not have been relying on Mr. Haughey?

Deputy Bruton, you know that is not appropriate to the Order of Business. For the benefit of Members, the Chair is obliged to implement Standing Order 26.

The tribunal could not rely on the person the Taoiseach relied on last week.

In relation to what I relied on for evidence, the reply from the Whip makes it clear that was not the only evidence – all the diaries were checked. Perhaps Mr. Gilmartin is totally correct; I cannot dispute those facts. I have not been in touch with Mr. Gilmartin in recent times, and I do not know if Deputy Bruton has been. I cannot say whether he was right or wrong.

Why did the Taoiseach feel obliged to correct the record on Sunday?

Has anyone in Fine Gael been in touch with him?

I never met the man.

On promised legislation and No. 40, section d, of the list, I presume that is the legislation referred to in a report in this evening's Evening Herald to the effect that anti-bribe laws are to be rushed through the Dáil. It is further referred to as Fianna Fáil's catch-up Bill. Given that the Minister for Justice, Equality and Law Reform promised the legislation would be brought to Cabinet today, when will the legislation be introduced? Will it allow the Taoiseach to talk to members of his party about such matters?

Is the newspaper report accurate when it states the legislation will deal with just TDs and Senators? It does not mention councillors. Does the Taoiseach believe the legislation should be broadened?

We cannot discuss the content of legislation.

All we have to go on is the newspaper report.

The proposals significantly widen the scope of the prevention of corruption Acts by bringing within their scope certain domestic and foreign office holders, including TDs, Senators, MEPs, members and officials of the EU and judges of national, foreign and international courts. The proposals, when enacted, will enable Ireland to implement a number of important international agreements on corruption, including the EU convention against corruption and some other statutes.

Will it include EU Commissioners?

Is this the legislation referred to in this evening's Evening Herald? When can we expect the Bill to be introduced in the House?

The drafting of the Bill was cleared by Cabinet this morning. I hope it will be available shortly.

Wonderful.

I did not get an answer as to whether counsellors will be mentioned, but I do not want to discuss the matter now.

On promised legislation from the Department of Finance, is the Taoiseach in a position to indicate if the Ombudsman (Amendment) Bill will be introduced and will include provision for a children's ombudsman, given the recent difficulties faced by the ISPCC? Will that also include the publication of the fund-raising for charitable and other purposes Bill which has been called for by many charities in recent days, by this party since 1992 and in the Costello report?

The Deputy must ask a question on legislation.

That is promised legislation. Will the Irish Energy Centre Bill be published in tandem with the electricity deregulation legislation, given the difficulties being experienced by the energy centre and the fact that those difficulties will increase when deregulation takes place?

The Electricity Regulation Bill will come before the House this week.

What about the Irish Energy Centre Bill?

That will not be published until late this year or early next year. The heads of the Ombudsman (Amendment) Bill have been cleared by Government and the Bill has been drafted.

What about the fund-raising for charitable and other purposes Bill?

That Bill is being prepared. It was put down the list because of other priorities, but it is being drafted in the Department. I believe there are questions on Thursday's Order Paper to the Minister for Justice, Equality and Law Reform in that regard.

It is a priority now.

We cannot have a debate on the matter now.

(Mayo): When the Minister for Justice, Equality and Law Reform took up office he inherited the heads of the prison service Bill which was due to be published in the last term. It is not on the B list for this term nor on the C list, which is aspirational, and it seems to be lost among the 66 Bills on the D list. The Mountjoy interim report, the crime forum report, the prison officers' report and the prison chaplain's report decried the state of our prisons. Why is this Bill not a priority?

The Minister for Justice, Equality and Law Reform cleared three Bills at today's Cabinet meeting. He has passed an enormous amount of legislation. Those Bills are all a priority of one form or another, but he hopes to produce the prison service Bill in mid or late 1999.

In relation to those Bills, will the Taoiseach indicate if one of them covers the issue of legal representation for rape victims, as was promised last week? Also, following the Taoiseach's visit to Tallaght Hospital, will he please rein in the Minister for Health and Children who is causing alarm and distress among the parents of children with leukaemia—

The Deputy's first question on legislation is in order.

Will the Taoiseach ensure the treatment of these children is not disrupted by a hamfisted Minister who does not know how to deal with his brief?

The Deputy is out of order. The matter she is raising is not appropriate to the Order of Business. She will have to find another way of raising it.

The matter of legal representation for rape victims will come before the Government at next week's Cabinet meeting.

In view of the mounting tensions in Kosovo and the possibility of renewed genocide there, will the Taoiseach ask the Whips to consult on the possibility of providing an opportunity for statements or a short debate on the matter in the House? Questions to the Minister for Foreign Affairs will not be taken for some time and we should address this issue at an appropriate time.

I will examine the matter and ask the Whips to discuss it.

Will the Taoiseach give an undertaking that every farmer with a deserving need will be looked after in the fodder package tomorrow?

The Deputy is not in order. I call Deputy De Rossa.

I am entitled to an answer.

There are other ways of raising the matter, either by way of question or on the Adjournment.

Can I ask an unrelated question?

It is about legislation, the Western Development Commission Act. We were told the funding would be made available for that before Christmas, but I understand nothing has happened since then.

That is not appropriate on the Order of Business.

I deserve an answer on the question relating to the Western Development Commission.

To be helpful to the Deputy, the order has been signed and it will take effect from 1 February.

It is a long time coming.

On legislation arising from item No. 14 of the British-Irish Agreement, the Good Friday Agreement North-South Co-operation Bill, which provides in particular for a North-South Ministerial Council and the North-South implementation bodies, given the Taoiseach's replies in the House today to the effect that it is hoped the Executive will be in place by 10 March and the implementation and North-South bodies will be in place soon thereafter, when does the Taoiseach expect that Bill to be brought before the House? Will it be brought forward in the month of February?

The work of the British and Irish Governments and the NIO has been going on since Christmas. As soon as it is completed we will try to have the Bill drafted as quickly as possible. Agreement has not yet been reached; there is a large working memorandum but as soon as it is completed I will be able to give the Deputy an answer.

Clearly, that legislation will take some time to go through this House. It is major legislation, a ceding of powers by this House to bodies which may not be directly answerable.

Deputy De Rossa, it is not appropriate to debate the content of the legislation.

I am not asking about the content of the legislation. Given that it is major legislation, one of the most important items of legislation this House will deal with this year, will we be given adequate time to consider it before the Second Stage debate? Given its importance in terms of a resolution of problems relating to decommissioning and so forth, can we at least see the heads of the Bill and an outline of it?

It is not appropriate to the Order of Business. I call Deputy Boylan.

On a point of order, a Leas-Cheann Comhairle, I asked a reasonable question on promised legislation.

I accept it is a reasonable question, but it is not appropriate to the Order of Business.

I am asking legitimate questions on the Order of Business.

There are other ways of asking questions. The matter is not appropriate to the Order of Business. Does the Taoiseach want to come in on this question?

I cannot go into the detail because it is not in order but work is ongoing on the Good Friday Agreement North-South Co-operation Bill, to which the Deputy referred, the human rights commission Bill and the Irish nationality and citizenship (amendment) Bill. I cannot give a timescale because the detail of the Bills has not been agreed by the British and Irish Governments. As soon as agreement is reached on the date for all matters to go live, I will be able to give precise answers. Unfortunately, I cannot do that until there is agreement on all sides.

Did the Taoiseach have time to appraise himself over the weekend of the crisis in farming?

The Deputy is not in order.

I think the Taoiseach wants to make a statement.

I call Deputy Gormley.

Perhaps the Minister for Agriculture and Food will respond.

Watch this space.

A response from the Government would be very welcome.

The Deputy is not in order. I ask him to resume his seat.

Will the Taoiseach indicate when the disabilities Bill will come before the House?

I have no date for that, therefore it is not possible to indicate when it will come before the House. I will try to get a more precise answer for the Deputy.

What about my query? Has the Taoiseach any knowledge of the problem? Will a statement be forthcoming?

Please, Deputy Boylan, I want to allow other Members to come in on the Order of Business because we are rapidly running out of time.

In 1987, work began on the national parks and historic properties Bill. That Bill is not being proceeded with and in view of the fact that only half the Killarney National Park is covered by the Bourne Vincent legislation, a considerable investment has been made by the State. Why was that decision made? Could it be reversed and work continued from the point at which it stopped?

The National Parks and Historic Properties Bill affords protection to national parks. The heads of the Bill are being prepared in the Department and publication is not expected until the middle of this year.

Given the campaign for the European elections is well under way, will the order under the electoral Act be signed or is it intended to introduce specific legislation to limit expenditure in the European elections?

I understand separate legislation is required for the local elections. The European elections can be dealt with by order.

When will that be done, given the expenditure is already under way?

I will ask the Minister for the Environment and Local Government and inform the Deputy.

It will be around £50,000.

Does the Minister for Social, Community and Family Affairs intend to address the problems of inshore fishermen of the whitefish fleet in the context of the forthcoming social welfare Bill, or will he introduce—

We cannot discuss the context of a Bill.

The social welfare Bill will be published on Friday.

During 1998, I raised with the Taoiseach the implementation of the 1994 Road Traffic Act and possible amendments to it. While we still have a Taoiseach from Dublin's northside and in light of his earlier reference to the problem of joyriding in Northern Ireland, the Minister for the Marine and Natural Resources, Deputy Woods, and myself—

A question on legislation, Deputy Broughan.

The northside of Dublin was torn apart over the Christmas period by the serious crime of joyriding.

That is not a question, Deputy Broughan.

Will the Taoiseach do something about the implementation of the 1994 Act to help the people of his own region?

No legislation is promised in this area.

What is the timescale for the White Paper on defence? Is the Department of Finance memo and devastating cutbacks for the Defence Forces Government policy? Why has the Minister for Defence not made a statement? Why will the Taoiseach not make one, especially given his commitment to joining Partnership for Peace?

That is not appropriate to the Order of Business. I will accept the question on the White Paper on defence.

Forty submissions have been received so far on the White Paper. They are all being carefully considered and it is not appropriate to give a date until that is completed. The consultative process is ongoing.

The Government should junk the item from the Department of Finance.

The sporting rights legislation seems to have been omitted from the first list of promised legislation. When the Private Members' Bill was voted down, it was suggested this legislation would be published before the broadcasting Bill, yet it seems to have slipped behind.

Regarding legislation to amend the Údarás na Gaeltachta Act, it was stated last week in the Dáil that the Údarás elections would take place on the same day as the local and European elections. That would require an amendment to the Údarás na Gaeltachta Act because the members are entitled to be in office for a different term. Will there be amending legislation for Údarás na Gaeltachta before the elections?

The Údarás na Gaeltachta amending Bill is scheduled for publication in March or April. What is the other Bill?

The other Bill is to implement a European Union directive concerning the abuse of monopoly in relation to sporting rights. When a Private Members' Bill was introduced, it was suggested it was a matter of quickly enacting a Government Bill. I note it is not in the first list of promised legislation.

That legislation is being drafted and it is hoped it will be published in the summer.

What is the delay with the copyright legislation? Will it be published this term?

We hope so. It is complex and comprehensive legislation, but it is hoped that it will be ready, if not this session, before the summer.

Has the Government fixed a date for the publication of the Finance Bill?

February 11, which is Thursday week.

Top
Share