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Dáil Éireann debate -
Tuesday, 16 Feb 1999

Vol. 500 No. 4

Order of Business.

It is proposed to take No. 4, Finance Bill, 1999 – Order for Second Stage and Second Stage. It is also proposed, notwithstanding anything in Standing Orders that the Second Stage of No. 4 shall be taken today, the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 6.45 p.m. tomorrow. The following arrangements shall apply: the opening speech by the Minister for Finance and the main spokespersons for the Fine Gael and Labour parties shall not exceed 45 minutes in each case; the speech of each other Member called upon shall not exceed 30 minutes in each case; Members may share time; the Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed 20 minutes. Private Members business shall be No. 68, Motion re Confidence in the Minister for Health and Children.

There is one proposal to be put to the House. Is the proposal for dealing with No. 4 agreed? Agreed.

I notice the Taoiseach is making a virtue of not answering press queries. That being the case, will he make a statement in the House on the section of the Finance Bill of some years ago which was retrospective in its application vis-à-vis heritage homes and also with regard to the lottery contract? Will he make any statement about his own involvement in this matter at any point and if so, when?

I do not propose to make a statement. However, I committed myself the other day to having both these matters checked. Both matters and the press queries regarding them are being dealt with by the Department of Finance.

I do not wish to press the Taoiseach unduly but when does he propose to make his response? Will his response be available to Members of the House, given that this matter is of interest to Members?

All the facts are in the Department of Finance. I do not have them. I am anxious that those facts, which will show I did not do anything wrong, be made known to the public. Since there were headlines to say I did; there should be headlines to say I did not.

I will ask a question which may be of benefit to me and to your office. On 27 January the Taoiseach stated in reply to a series of questions: "when questions are raised in the public domain I answer them". Yesterday, the Minister for Finance, perhaps without the authorisation of the Taoiseach, said the Taoiseach would answer questions raised at the weekend specifically in relation to the two matters raised by Deputy Bru ton. Was the Minister for Finance accurate in what he said yesterday?

That is not appropriate on the Order of Business.

It would avoid much hassle on the Order of Business if there was a clear indication that the Taoiseach would take questions in the normal way – two of my Private Notice Questions were turned down today – if they relate to matters, which are not currently the responsibility of the Taoiseach, which he has given a commitment to answer if raised in the public domain. Will his office accept such questions and not indicate to the Ceann Comhairle's office that it is refusing to take them?

The questions disallowed today were disallowed by the office of the Ceann Comhairle.

I accept that.

I have no records, files or briefing notes on these matters. All that information is in the Department of Finance. In the normal course those matters would properly fall to the Department of Finance. What the Minister for Finance said yesterday and what I said on Sunday was that anybody reading these files, which had been raised in the public domain, could come to only one conclusion that there were direct allegations made against me. I said I would ensure those files were sought and the information given to the media. That is my obligation. If anyone wants to follow up these matters they will have to put down questions to the Department of Finance.

Can I take it the Minister for Finance was not speaking on the Taoiseach's behalf?

This matter is not appropriate to the Order of Business. I have been very generous in allowing the Deputy to ask his question.

It is very interesting.

Has a decision been made by the Government as to how or when the promised legislation on the intimidation of witnesses will be dealt with?

The Minister for Justice, Equality and Law Reform stated last week he was drafting the amendments which he would bring in as part of the Criminal Justice Bill before the House.

He cannot bring it in on Report Stage.

Has the Government conveyed to Commissioner Flynn and the President of the European Commission—

That matter is not appropriate to the Order of Business.

Perhaps you might allow me to finish. Last week this House passed a motion, amended by the Government. Has the Taoiseach conveyed the contents of that motion to the President of the Commission and to Commissioner Flynn?

That is not appropriate to the Order of Business.

It was a Government amendment. Will the Taoiseach ask the Leas-Cheann Comhairle if he did it?

A man who called to see me last night is on £70 per week and has been sitting at home for the past four weeks with his overcoat on because of the cold. He has a fuel voucher of £8 per week. He is living in the type of poverty we might imagine in the depths of Calcutta. Will the Taoiseach arrange with the Whips to allow for a discussion on poverty as it affects people here given that there are some serious problems?

The Social Welfare Bill will be coming before the House shortly.

The type of situation I have explained needs to be addressed by the entire House, not just in the Social Welfare Bill.

It is not appropriate on the Order of Business. The Chair has ruled before that it is not appropriate to ask for a debate on every subject. That would allow any Deputy to ask for a debate on any subject he wished. That would mean the House would not get through its business.

It is very relevant.

When will the prisons services Bill to restructure the prisons service and to establish the prisons board be published? The interim chairman announced the board is to be established. When will the other members of the interim board be announced? The Tánaiste promised legislation on the question of allowing non-nationals to work pending the determination of their refugee status here. In my constituency there are 83 non-nationals able and looking for work and there are employers willing to give them work. When will that legislation be introduced?

The prisons services Bill to establish the prisons board and the parole board will be published later this year. I understand the board will be appointed in the next few weeks. Work on the Work Permits Bill is at an early stage and I hope it will be ready in 1999.

I am not sure if the Taoiseach nodded in reply to Deputy Quinn's question as to whether the motion passed last week and the wishes of the Dáil were conveyed to the European Commissioner in relation to making a statement regarding—

This is not an appropriate question.

I merely want to clarify the matter. I am not being political. Did the Taoiseach indicate that he has passed on that information to the Commissioner and, if not, will you guide us, a Leas-Cheann Comhairle whether it would be done by your office or that of the Ceann Comhairle? A motion was passed by a large majority and that message should be conveyed.

A Leas-Cheann Comhairle, I think you know the Commissioner better than the Ceann Comhairle.

If no reply is received from Commissioner Flynn will the Taoiseach agree in accordance with the wishes of the House we will revert to this matter within two or three weeks?

I conveyed the motion passed by the House last week to the Commissioner.

In what form?

It is not appropriate to have a debate on the matter now.

Is the Taoiseach prepared to contemplate amending legislation if it is found that the Commissioner Flynn matters are not encompassed by the existing terms of reference of the tribunal?

There is no legislation promised.

If it is the expressed view of the House and his own party would the Taoiseach be prepared to bring forward amending legislation?

In light of the public debate on genetic engineering, will the Taoiseach allow time to discuss this issue and give the Minister for the Environment and Local Government the opportunity to outline Government policy on this matter?

That is not an appropriate question for the Order of Business; the Deputy will have to find another way to raise it.

There is a general expec tation among the licensed trade, fed by the Minister for Justice, Equality and Law Reform, that pub closing hours will be extended before the summer. This legislation is contained in list D of promised legislation and is lost in the middle of 61 Bills, the heads of which are only being looked at. Which summer is being talked about? When will the amended legislation be published? Can a shortened version of the Bill be introduced to provide for extended opening hours?

The Minister is working on the heads of the Bill. It will be circulated to Departments this week.

In light of the statements by Dr. Patrick Wall of the Food Safety Authority, the confirmation of Dr. Pusztai's experiments in Britain and the widespread public concern will the Taoiseach make time available for a full blown debate on genetic engineering?

I have already ruled it is not appropriate to the Order of Business to ask such a question.

The Taoiseach may want to answer.

I cannot allow one rule for Deputy Gormley and another for other Members. I call Deputy Creed.

The Taoiseach may want to answer.

Will Deputy Gormley resume his seat? I have called Deputy Creed.

The Taoiseach has indicated he may wish to answer.

The Government, particularly the Minister for Agriculture and Food, has embarked on crunch negotiations at EU level on the reform of the Common Agricultural Policy. Will the Taoiseach ensure we are not bounced into making any hasty decisions to meet the artificial German deadline that has been established by the German Presidency?

That is not appropriate to the Order of Business. I call Deputy Joe Higgins.

Will the Taoiseach ensure that this deadline—

I have called Deputy Joe Higgins.

It is important for the Taoiseach to answer.

There is a debate on Thursday.

There is a debate on that matter in the House on Thursday.

When will the Social Welfare Bill and its now notorious proposal for multi-agency vehicle checkpoints be presented to the Dáil? Will the Minister for Social, Community and Family Affairs come in from the cold to present the Bill?

Next week.

He is still on the road blocks.

(Interruptions.)

I call Deputy Rabbitte.

What day next week?

Next Tuesday.

In regard to promised legislation, the Taoiseach has clearly said a number of times, that he will bring in whatever amending legislation is necessary to ensure that all relevant matters were inquired into by the tribunal. If the Flynn affair proves to be ultra vires the tribunal, will he bring forward amending legislation to ensure we get answers that way, given that we cannot get them any other way?

That question is not appropriate to the Order of Business. Does the Taoiseach wish to make a comment?

The position now—

Deputies

We cannot hear the Taoiseach.

It is a hypothetical question. If the matter requires examination it will be examined, but it does not require examination at this stage.

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