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Dáil Éireann debate -
Wednesday, 6 Oct 1999

Vol. 508 No. 4

Order of Business.

It is proposed to take No. a10, motion re Ministerial Rota for Parliamentary Questions; No. 1, Education (Welfare) Bill, 1999 [Seanad] – Second Stage (resumed); and No. 2, Criminal Justice (United Nations Convention Against Torture) Bill, 1998 [Seanad]– Second Stage. It is also proposed, notwithstanding anything in Standing Orders, that No. a10 shall be decided without debate. Private Members' Business shall be No. 72, motion re Local Authority Housing (resumed), to conclude by 8.30 p.m.

There is one proposal to put to the House. Is the proposal for dealing with No. a10 agreed to? Agreed.

I am sure the House wishes to convey its sympathy to the British people on the tragic loss of life in the train crash near Paddington in London over the last 24 hours. This is a very serious blow to people in Britain and, as their nearest neighbour, Irish people would wish us to express our sympathy to them at this very sad time for many families and for the British people, generally.

When I heard about the terrible tragedy yesterday I contacted the Prime Minister, Mr. Blair. At that stage the number of casualties had not reached the unfortunate height they have now. The latest report is that the number will rise even higher. I join the Leader of the Opposition, on behalf of the Government parties, in extending our sympathy to those bereaved, to those injured and to the authorities involved. I hope their investigations will help to avoid such things in the future but today our sympathies are with those who have been bereaved and their families.

The Labour Party wishes to be associated with those remarks and we extend our sympathy to the British people on what is a major rail crash.

Thar cheann an Chomhaontais Ghlais, deirim gur uafásach an scéal é seo ag teacht ón mBreatain mar gheall ar chúrsaí iarnróid. Le cúnamh Dé, ní chuirfidh sé as do dhaoine a bheith ag taisteal ar an iarnród ach cabhróidh sé lena leithéid de thimpiste a sheachaint amach anseo nuair atá an t-iniúchadh thart.

Aontaím lena bhfuil ráite agus déanaim comhbhrón le muintir chathair Londain agus na Breataine tar éis na tionóisce seo. Is mór an trua gur tharla a leithéid agus aontaím lena bhfuil ráite ag na Teachtaí.

Is the Taoiseach aware that 3,000 people have had operations cancelled and are being earmarked to be discharged from hospital as a result of the pending withdrawal of service by the nursing profession in hospitals? Is the Taoiseach aware that a two week strike could lead to a backlog in the hospital services of up to 18 months in its effects? Will the Taoiseach take urgent steps to bring the sides together to see if a resolution can be found to this potentially tragic and deadly dispute.

I understand the Taoiseach has indicated that time will be allowed next week for a debate on the matter.

Has the Taoiseach's attention been brought to the request by the president of SIPTU, Mr. Jimmy Somers, for a personal intervention by himself and if his office has brought to his attention the remarks made by Bishop Darling to the SIPTU conference yesterday on the same matter?

I am aware of the matters mentioned by Deputy Bruton. The discussions are going on between the health employers' group and the trade unions concerned to try to ensure that the emergency levels will be in existence during the course of the dispute, if it happens. The Government hopes that the Labour Court award will be accepted and that matters will continue to be dealt with through the normal channels but that is a matter for debate.

I am also aware of what Deputy Quinn said regarding the request made by trade union leaders and leaders of the churches.

Is the Taoiseach aware that the problem is not simply one of what are described as emergencies? People awaiting elective surgery will die. It is not enough to say that emergencies will be dealt with. People can die in chronic pain over a long period. Others die quickly in an emergency. Already 3,000 people have had their operations cancelled, and many of them will die before those operations are carried out.

Will the Taoiseach elaborate on what he means by discussions because he has, perhaps inadvertently, given the impression that there are discussions between both sides? I understand him to mean that there is discussion between the Department of Health and Children and the employers' organisations, but there is no direct discussion between representatives of the nurses on the one hand and representatives of the Department of Health and Children on the other. Is that correct?

The discussions I referred to are the same as those I mentioned yesterday – the discussions about emergency levels. In terms of industrial relations discussions, there are no discussions. The Labour Court offer is there – the Government has accepted it; it wants to pay it and to implement it. This is the third incremental increase for nurses. Incremental increases were offered in February 1997, February 1999 and September 1999, which were substantive. I have set down on the public record how these matters could be resolved and it is a matter for the sides to consider whether they can accept that, but we can move on if the Government offer – which, effectively, is £30 million on the claim, £37 million to staff nurses – is accepted. Hopefully, they will accept it.

A debate has been promised next week, so we cannot proceed with this matter.

On a point of order—

We are on the Order of Business and we have to move on.

Very briefly on that matter—

Very briefly, Deputy Shatter, as we must conclude the debate on this matter.

Will the Taoiseach agree, given that there is still almost two weeks before possible strike action, there is a window of opportunity to see if this dispute can be resolved? Will he authorise the Minister for Health and Children – or, alternatively, sideline him and take up the job himself – to open discussions with the nursing unions to see if this dispute can be resolved on a reasonable basis?

I call the Taoiseach to make a final comment on this matter.

The machinery of the State was asked to examine this issue. It took the five pay-related issues from the 202 recommendations. It adjudicated on this matter and the Government has accepted its adjudication.

On promised legislation—

No, we must move on. We cannot proceed on this matter.

On a point of clarification, am I to take it—

Very briefly, Deputy, and that must be the end of this matter.

I will be very brief on this matter. Many people would like to know the answer to my question. Am I to take it from what the Taoiseach has said that the Government will do nothing between now and the commencement of the strike? Is that the import of what the Taoiseach has said?

Take your chances.

And hopefully none of us will need an operation in the meantime.

On a related matter—

On a matter of promised legislation, Deputy Ó Caoláin.

On a related matter, but also on promised legislation, can the Taoiseach say what consultation there is with the nurses' organisations on the nursing Bill?

Those consultations are not a matter for the Order of Business.

It is promised legislation.

It is not in order on the Order of Business to ask what consultations took place.

It is an important matter and it is promised legislation—

I call Deputy Deasy on the Order of Business.

I wish to raise two matters. When will the promised legislation on the new licensing laws be published? When can we expect the debate on the Wildlife Bill to commence?

The amendments to the Intoxicating Liquor Bill are still before the Government, but I hope they will be circulated this side of Christmas. I understand the Wildlife (Amendment) Bill will be debated next week.

Next week.

In the next few weeks.

In relation to the adoption contact register Bill, given that the consultation process is completed, when it is planned to publish the Bill?

I do not have a date for it, but I know from previous discussions it will be early next year. It will not be this session, it will be into 2000.

It was promised as soon as possible.

When is it expected that the national heritage plan will be published? I raise this matter because the National Heritage Council recently carried out a survey of 600 square miles, which shows that 154 out of 892 listed monuments were destroyed or seriously interfered with and 17 per cent of our national heritage is being destroyed in that context.

The plan is being discussed and it will be next year before any decisions will be made on it.

I ask the Taoiseach to ensure this heritage legislation is implemented now to prevent the destruction of thousands of our national monuments that are part of our heritage.

The Deputy should pursue that matter by way of parliamentary question.

I asked the Taoiseach yesterday about the Whistleblowers Protection Bill and he said it was at select committee. This term is taken up on the schedule of legislation that has been circulated, but I do not think it has any meaning. The Bill is either in select committee or it is not. There is no such thing as it being at select committee. The whistleblowers' Bill, which I introduced on behalf of the Labour Bill, is not at select committee. Will the Taoiseach indicate when will it be in committee?

As I said yesterday, I understand it is ready to go into select committee and it has been referred to it.

Will the Taoiseach indicate whether the Broadcasting Bill will be introduced next week?

Next Tuesday.

It will be introduced next Tuesday.

Will the Taoiseach outline the current situation regarding the part-time workers directive Bill and indicate whether the committee established to draw up the legislation has met?

That legislation is due this session.

When will the legislation to set up a single regulatory authority for the financial services industry, based on the report of the Attorney General when he was a private citizen, be introduced?

No decision has yet been made on that.

I wish to ask the Taoiseach two related matters regarding asylum seekers. With regard to his announcement in the House on the Order of Business on the granting of limited work permits, have procedures been put in place to grant any, given that it is now some two months after that announcement? Have any been issued? In relation to the protocol that we negotiated on the Amsterdam Treaty, is it now the intention of the Government to participate in a European-wide asylum entity and is that part of the negotiations that will take place in Tampere? As part of that, under what legislation is the fingerprinting of asylum seekers now instituted by the Government?

On the first matter related to the regulations, regulations are in place on the work permits. On the negotiations that will take place in Tampere, that matter will be discussed next weekend or, if not, the weekend after. The aim is to try to get a common approach to this matter. I spelt that out here yesterday. On the fingerprinting issue, which is the subject of an EU directive, this matter will be before the House next week. This is an EU-wide directive to try to deal with the illegal trafficking of refugees who are being abused at present on an enormous scale.

Ireland and the UK opted out of the EU-wide asylum entity as part of the Amsterdam Treaty. Is it now the Government's intention to join the EU-wide asylum policy?

This is a matter for a parliamentary question.

It is a matter for legislation. Will legislation be introduced on it?

Is there promised legislation on this matter?

It is a motion.

Will the Taoiseach indicate if the Government plans to change the Freedom of Information Act to permit the Minister for Justice, Equality and Law Reform to suppress information regarding the State sponsored bodies that are not meeting their equality of opportunity requirements under the law or their need to have a sexual harassment policy? It seems extraordinary that a Minister should suppress such information that should be in the public domain.

There are no proposals to amend that Act.

(Mayo): In reply to Deputy Deasy's question on liquor licensing legislation, the Taoiseach indicated that the Government will bring forward proposals in due course. Does this mean that the Intoxicating Liquor Bill, which is now on Second Stage, will be dropped, or that new additional proposals will come on stream or that we can envisage further amendments? In the light of the furore over the banning of the In Dublin publication by the censorship board, a decision subsequently overturned by the courts, is it envisaged that the legislation on the censorship of publications will be updated?

There are no proposals on that matter. The Intoxicating Liquor (No. 2) Bill, which is the one I am talking about, will be published shortly.

No. 45 on the Order Paper concerns rail safety. Given the horrible crash that occurred in Britain yesterday and a rail crash that occurred here on the same day, will the Minister agree to come back to the House and give us an update on the rail safety measures she is implementing? The Minister agreed to revert to the House on that debate and provide an update on the rail safety measures she is implementing.

That matter has been discussed with the Whips. We have a £400 million plan in operation.

I am tempted to ask the Taoiseach when we will see the Government's Partnership for Peace Referendum Bill. On promised legislation, in view of the fact that the Cabinet yesterday agreed to send 50 Irish Rangers to East Timor, will he confirm that the legislation to give effect to the UN Convention on the Protection of Personnel will be passed by both the Dáil and the Seanad before the Irish troops are sent to East Timor?

The motion to send troops to East Timor will be before the House next Tuesday.

The legislation I have inquired about is promised legislation on the protection of UN personnel serving abroad. I understand from what the Taoiseach said to me a few days ago—

We cannot deal with the matter now, Deputy.

The Taoiseach did not answer my question. I asked if the legislation would be passed by the Dáil before the troops depart for East Timor because it would afford them some protection under international law.

I cannot speak for the other House, but I can try. I understand there is an order for that legislation before the Seanad.

Is it the Government's intention to send the revised Children Bill to committee or will Second Stage be taken again and, if so, when is it likely to be taken?

Second Stage will be taken again as soon as possible.

Given the speculation about likely substantial increases in general practitioner fees, will the Taoiseach confirm that the promised legislation on health insurance be given greater priority so as to extend to health insurers the possibility of providing health insurance products on primary care which includes general practitioner care?

We cannot discuss the content of legislation. I call Deputy Michael D. Higgins.

The legislation is promised for approximately 18 months. Will the Taoiseach indicate if the Government will give greater priority to bringing it before the House?

I note the points made by the Deputy. I am sure the legislation will be prepared with as much haste as possible.

An assurance was given to the House by the Minister for Education and Science, and I understand by the Taoiseach, that there would be no undue delay with the promised legislation allowing for parents' representation on vocational education committees. When will this legislation be published and enacted or have these assurances been abandoned? What arrangements has the Minister made to make space on the vocational education committees, which are now cosily filled to allow—

That matter is not relevant to the Order of Business except for the question when the legislation will be before the House.

The Government authorised the Bill to be drafted last July. Work is proceeding on the heads and it is expected that it will be ready for the next session.

Some time ago I introduced a Private Members' Bill on adventure centres, which was not voted down by the Government. The Minister promised to introduced comprehensive legislation in this area. Will the Taoiseach indicate when it will be introduced?

I do not have a date, but the heads of a Bill are under preparation by the Department with a view to submission to Government in early 2000.

(Dublin West): Since the Taoiseach appears to be determined to persist with the betrayal of the commitment made by him that there would be a national debate and referendum on whether this county should go into the ambit of a nuclear alliance—

A question on the Order of Business.

(Dublin West): Will the Taoiseach indicate what arrangements have been made for the Dáil to debate the motion or legislation on this issue? When will it be introduced? Will he advise if the Fianna Fáil backbenchers who have publicly disagreed with him in recent days will have the—

That is not a matter on the Order of Business.

(Dublin West):—courage not to stay obedient to the flock but will stand up and be counted?

(Interruptions.)

The matter will be debated next week.

(Dublin West): What are the arrangements for this crucial motion?

The Taoiseach answered the Deputy's question.

(Dublin West): It was inaudible.

That was not the Chair's fault. I call Deputy John Bruton.

The Taoiseach will probably be aware of reports in the newspapers today that the incidence of meningitis in Ireland is five times the European average. Given that this disease can either kill or permanently disable children very quickly and that many children are being looked after professionally as well as by their parents, will the Taoiseach initiate a debate in the House to promote better public information about the symptoms of meningitis so that children can be brought for treatment quickly rather than have it delayed with ultimate death as the only result?

Does the Taoiseach wish to comment?

The Department of Health and Children has a working group on bacterial meningitis. It is chaired by the deputy chief medical officer and it made its report almost two years ago. It contains a number of recommendations regarding the surveillance, control and management of the disease. A review of that has taken place this year. It has been established that the recommendations of the first report have been implemented by the health agencies and the expert group remains in force.

While there continues to be much analysis of the nature of the disease in this country, we do not fully understand why we have such a high incidence relative to most other European countries. That matter is still being looked at. The Deputy has requested a debate on the matter.

My concern is how many parents know the symptoms and could they identify meningitis quickly? How many child minders, crèche operators and others who could contact the disease through access to children know the symptoms and could report them quickly? We need an urgent public debate on these aspects. Even before we know the reasons for the epidemic we need to identify the disease so children can be treated because there are treatments available.

As part of the recommendations of the 1997 report, a public information programme was launched by the Department of Health and Children and that has been running for some time.

It is not effective.

I am not saying it is known throughout the country but a public information campaign is under way.

I am at a loss to understand the Taoiseach's response to an earlier matter. Given the motion on the Order Paper confirming the Government's U-turn on NATO's Partnership for Peace, will he confirm that there will be proper debate in the House next week and not one that restricts those of us who genuinely oppose Partnership for Peace – a position articulated by Fianna Fáil before the electorate in the last general election.

The Deputy cannot proceed any further with argument on this matter.

Will the Taoiseach confirm that such a debate will be accommodated here next week?

Mr. Hayes

The Minister of State at the Department of the Environment and Local Government with responsibility for housing informed the House yesterday that in excess of 100,000 men, women and children are currently waiting for a local authority house.

Deputy, before—

Mr. Hayes

This is a matter of legislation, Sir, if you will let me get to the point. Some 100,000 people are waiting for a local authority house.

The Deputy must get to the point immediately.

Mr. Hayes

The Minister of State with responsibility for housing informed the House last night—

The Deputy can pursue that matter under a private notice question. That concludes the Order of Business.

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