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Dáil Éireann debate -
Tuesday, 27 Apr 1999

Vol. 503 No. 6

Order of Business.

It is proposed to take No. 30, the Local Elections (Disclosure of Donations and Expenditure) Bill, 1999 – Second Stage (resumed) and No. 1, the Radiological Protection (Amendment) Bill, 1998 – Second Stage. Private Members' Business shall be No. 78, motion re Capital Programme for Refurbishment and Upgrading of Swimming Pools.

My party will not accept the Order of Business.

There are no proposals to be put to the House.

There are proposals before the House.

I call Deputy John Bruton on the Order of Business.

Will the Taoiseach intervene to extend the deadline in respect of the traffic wardens' dispute? I understand the people involved are deeply concerned about their position. I accept this matter does not strictly fall within the terms of reference of the Order of Business, but I know the Taoiseach will want to exercise his humanitarian influence on the difficult situation being faced by 150 people, most of whom are women, in terms of their being transferred in accordance with the deadline set by the Minister for the Environment and Local Government.

I will have a word with the Minister. I understand the deadline was already extended by one month.

The people involved are being offered a very poor package.

I will communicate with the Minister on the matter.

Since the Government has indicated its intention to hold a referendum on 11 June, when will the twenty first amendment to the Constitution Bill be published? Is it envisaged that the State will fund a campaign which will offer both sides of the argument? What level of funding will be provided to argue that local government should not be recognised in a constitutional form?

Only the Deputy's question on promised legislation is in order.

The legislation was cleared by the Cabinet this morning. Therefore, I will ask the Minister to communicate with Opposition spokespersons in respect of it.

Will the Bill be published immediately?

I understand it is due to be published tomorrow.

The Taoiseach stated that he received a package of non-contentious measures from the all-party—

That matter is not appropriate to the Order of Business. I suggest that the Deputy table a parliamentary question on the matter.

I am inquiring about the legislation.

It is not appropriate to ask about the details of legislation.

My question relates to the twenty first amendment to the Constitution Bill.

It is not appropriate to have a debate on this matter.

I am not seeking a debate, I am asking the Taoiseach whether the recommendations of the all-party committee will be included in the Bill.

It is not appropriate to discuss the contents of a Bill on the Order of Business.

The recommendations include reducing the age of candidates to 18 and other measures.

When is it proposed to take item No. 9 on the Order Paper?

To which item is the Deputy referring?

No. 9, the ESOP plan for Telecom Éireann. In view of the publicity surrounding the impending privatisation of Telecom, I am interested to know when it is proposed to take No. 9.

There is one Bill dealing with that matter which will be taken shortly. However, I am not sure if it is listed as No. 9 on today's Order Paper.

No. 9 is a motion.

I understand that motion has been withdrawn by the Minister and a more comprehensive motion tabled.

I apologise, I was referring to the wrong item. No. 9 has been withdrawn and deferred for approximately two weeks.

Why is it on the Order Paper?

It was due to be taken today. However, it was withdrawn and rescheduled to be dealt with in two weeks.

What is the status of the alginate industries Bill, the timetable for the introduction of which is linked to the report of the seaweed forum. Is the Taoiseach aware a commitment was given to establish the forum in July last year and the—

That is not appropriate to the Order of Business. I suggest that the Deputy table a parliamentary question on the matter.

By statute, elections to Údarás na Gaeltachta were to take place by 7 June. Will the Taoiseach confirm that legislation will be introduced to deal with this matter or indicate when the elections are to take place? Will they be held in June or, in the event of legislation not being introduced, at a later date?

On a previous occasion the Taoiseach indicated that the national parks and historic properties Bill is being proceeded with. This legislation has been under consideration for 11 years and the current list states that it is not being proceeded with because of other priorities. Will the Taoiseach indicate the current position?

An announcement on the first matter raised by the Deputy, the Údarás na Gaeltachta Bill, will be made in the next few days. If it cannot be taken before 7 June, the elections will have to be postponed until later in the year.

The national parks and historic properties Bill, which involves protection for national parks and gardens, has been deferred due to the work priorities in the Department. I do not believe it will be dealt with in the near future.

Will the announcement about the Údarás elections be made in the House?

I do not know if it will be made in the House.

I call Deputy De Rossa on the Order of Business.

When will No. 21, a motion to approve—

I must inform the Deputy that I had already called Deputy De Rossa.

I have not yet become invisible. On promised legislation, given the Fianna Fáil Party's commitment in its general election manifesto to hold a referendum on our joining Partnership for Peace and in view of the Taoiseach's acknowledged statement in the House that he believes a new mandate is required, will he consider—

Does Labour want a referendum on it?

Ruairí is not here today. When he is away the mice will play.

Deputy De Rossa asked a question about promised legislation but such legislation is not promised on this matter. I call Deputy John Bruton.

The Taoiseach indicated in a debate on the issue of Partnership for Peace that a new mandate was required. Will he agree to have a plebiscite on this issue at an early stage?

Deputy De Rossa, legislation on that matter is not promised. I have called Deputy Bruton.

Legislation was promised by the Leader of the Government when in Opposition and during the general election campaign. There is promised legislation on this matter and my question on promised legislation is legitimate.

I stated in Opposition and in Government that if this matter had an effect on our neutrality, which obviously it has not, we would require legislation.

The Fianna Fáil general election manifesto said—

I know what is in the general election manifesto. I know what it states and it is not what the Deputy keeps saying.

It states " we oppose Partnership for Peace" and it does not list any conditions.

They are all turncoats.

Deputy Gormley, please resume your seat. Allow the leader of the Opposition to speak.

There is no Opposition here.

(Dublin West): On a point order—

Will the Taoiseach indicate when we will take motions Nos. 10 to 20, which require to be approved by the House, to take note of reports of the Committee of Public Accounts? When will No. 21, a motion to approve regulations laid before the House last December by the Minister for Defence, be taken? I presume they cannot take effect until they have been approved by the House.

To the best of my knowledge there is no difficulty with taking these motions. It is a matter of setting a time for the House to deal with them and that is a matter for the Whips to arrange.

No. 21 is a Government motion. When will the Minister for Defence deal with a regulation drafted as long ago as last December, which the Government has not provided time to take?

It will be taken as soon as it can be fitted into the time schedule of the House.

I will hear Deputy Joe Higgins on a point of order.

(Dublin West): I ask the Chair to take on board that Deputy Bruton is not the leader of the Opposition and he is not my leader, he is the Leader of Fine Gael.

I will examine the Deputy's application with great care. I look forward to a very full CV.

He is a one man band.

(Dublin West): I meant what I said to be a serious point. The Deputy behind Deputy Bruton who spoke about a one man band should remember the 1918 election.

Deputy Boylan has been called.

(Interruptions.)

I understand the Government intends to introduce legislation to allow for the payment of pensions to two disgraced former judges and a former county registrar. Does the Government intend to introduce legislation to allow a once off payment to a small group of honourable people who served their counties as county councillors for periods of 30 to 40 years—

It is not appropriate to ask about legislation that has not been promised in the House. I call Deputy O'Sullivan.

I understand it would take legislation to allow—

Please Deputy Boylan, I have called Deputy O'Sullivan. Deputy Boylan, I ask you to resume your seat and show respect to the Chair when it is on its feet.

I am concerned that the two adoptions Bills have been consigned to the next millennium. It was originally intended that Nos. 27 and 28 on the D list, the adoption contact register Bill and legislation to give effect to The Hague Convention on the protection of children and international co-operation in respect of inter-country adoptions, would be introduced in 1999 and now they will not be introduced until after the year 2000. Commitments were given to interested groups in this area. Whenever controversy arises concern is expressed about these people but now they have been forgotten.

There is extensive consultation in respect of the adoption contact register Bill. The heads of the Bill are being prepared, but the Bill will not be introduced before the autumn or next year because of the consultation process. The heads of a Bill to give effect to The Hague Convention on the protection of children and international co-operation in respect of inter-country adoptions are expected to be submitted at the end of the summer.

There is not any protection of parents exploited in this area.

(Mayo): On promised legislation, yesterday there was another cold-blooded gangland killing just more than a mile from here when a 36 year old man was shot.

There have been eight murders in Dublin this year.

(Mayo): These are all associated with the proceeds of crime, particularly drug-related crime. What measures are being taken to stamp out this spate of gangland killings? There is one every second week.

Has the Deputy a specific question on promised legislation?

(Mayo): Given that there have been eight such gangland killings this year in Dublin alone, what has happened to the proceeds of crime (amendment) Bill?

It is due in the middle of this year. A criminal justice Bill, which has strong powers, was recently passed here, but I understand the Deputy voted against it.

(Interruptions.)

It would have been thrown out by the courts.

That is not the first wrong prediction made.

I thank the Chair's office and the Ceann Comhairle for facilitating me in raising the scaffolders' dispute on the Adjournment, but I give notice that I want to advise the Committee on Procedure and Privileges that I am concerned about the basis on which the decision was made. Will the Taoiseach indicate what is the position in the midlands and whether the LRC will have to intervene—

That question is not appropriate to the Order of Business.

The Government might need some scaffolding.

On Saturday next, the Amsterdam Treaty will take effect and the European Union will have the power to give direction in regard to the Petersberg Tasks responsibilities of the Western European Union. In view of what is happening in Kosovo and the potential role that can be played by the EU and the Western European Union, will the Taoiseach allow Government time for a debate on Kosovo this week so that those of us who want the date for joining Patnership for Peace brought forward can put our views on this to the House.

(Dublin West): They should be put to the people.

When Deputy Higgins was trying to knife the leader of the Labour Party we were putting that to the people.

It is important that both sides of the story should be heard.

That is a matter for the Whips.

The vocational education Bill will provide that vocational education committees would have teacher and parent representatives. If that Bill has not been passed by the time of the local elections, committees will be formed without such representation. Will the Taoiseach arrange to bring forward that legislation so that it can be debated and passed in the House before the local elections are held?

As I said recently, it was to be introduced in late 1999. I understand legal advice has been sought on the matter raised by the Deputy. I will raise the matter again with the Minister.

On promised legislation, the Minister for Justice, Equality and Law Reform introduced a temporary firearms (amendment) Bill nearly 12 months ago and he promised the House that he would introduce another Bill when he had the benefit of the expert group report. He has had that report for a considerable period. Before the shooting season starts again, may I ask if there is any possibility of seeing the promised legislation?

The matter is still being worked on. There is no promised legislation on it.

There is.

It was promised in the House.

The Minister specifically introduced temporary legislation and said he would introduce substantive legislation to replace it within 12 months.

Legislation will be required to give effect to the recommendations of the firearms legislation review group. It will replace the recent Firearms (Temporary Provisions) Act, 1998, which, unless extended for one year by a Government order, will cease to have effect in June this year.

When will we see it?

A decision will have to be made by June.

Will the Taoiseach ensure that all public buildings are made accessible to people with disabilities? When will the disabilities Bill be published? When will the road traffic Bill be published? Will it include the provision for a theory test prior to the completion of the driving test, or does that require legislation?

It is not appropriate to discuss the content of a Bill.

I do not have a date for the publication of the disabilities Bill – work on it is in preparation. As I said last week, the national disability authority Bill will be introduced first. The other matter is not a requirement for legislation but it must be introduced under EU law by the end of the year.

Can the Taoiseach indicate when legislation to give effect to the proposed commission for the location of the disappeared will be introduced? It will provide immunity to persons who may be implicated in those disappearances, arising from the discovery of the bodies.

The agreement with the British Government was signed this morning by the Minister for Justice, Equality and Law Reform. There will be some consultation and I hope the Bill will be introduced next week. It is to be introduced in the House of Commons the following week. It is hoped to take Second Stage here next week and to conclude consideration the week after that.

I welcome that statement and look forward to examining the legislation. Will the Taoiseach tell the House when the school attendance Bill – to update school attendance legislation dating from 1926 – will be published? It was ready for publication before the previous Government left office?

It is now called the School Welfare Bill and will be published tomorrow.

Maybe we will have the Children Bill soon, two years later.

(Dublin West): Now that justice has apparently been done in the case of a former employee of the State, Mr. William Geary, will the Taoiseach legislate for a commission to examine the grievances of other small and powerless people, such as Mr. Eoin Goodman, who—

No such legislation has been promised, Deputy.

(Dublin West): How do we know? Maybe the Taoiseach has this in mind.

It is appropriate to ask a question on promised legislation, but not about legislation the Deputy would like to see.

Given that we are having elections on 11 June, would it be possible to hold a referendum on the same day concerning the Partnership for Peace?

That is not appropriate on the Order of Business.

Will the Taoiseach make time available for a debate on the issue?

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