Order of Business.

The Taoiseach:

The Order of Business today shall be as follows: No. 11, Supplementary Estimates for Public Services [Votes 10 and 14]; No. 12 Motion re Ministerial Rota for Parliamentary Questions; No. 33 Companies (Amendment) (No. 2) Bill, 1999, Report Stage (resumed) and Final Stage, and No. 34, Stamp Duties Consolidation Bill, 1999, Order for Second Stage and Second Stage.

It is also proposed, notwithstanding anything in Standing Orders, that No. 11, Supplementary Estimates [Votes 10 and 14] shall be moved together and decided without debate by one question which shall be put by the Chair and any division demanded thereon shall be taken forthwith. No. 12 shall be decided without debate. Private Members' Business shall be No. 83, motion re Carers and Disability.

An Leas-Cheann Comhairle:

There are two proposals to be put to the House. Is the proposal to deal with No. 11 agreed? Agreed. Is the proposal to deal with No. 12 agreed? Agreed.

Mr. J. Bruton:

Given that the Government is prioritising for attention this week legislation to deal with the criminalisation of alleged traffickers in asylum seekers, will it also bring forward legislation to ensure asylum seekers who reach this country legitimately are treated with a minimum of humanity in the processing of their applications?

Mr. Howlin:

On the same matter and the immigration and residents Bill which I raised with the Taoiseach last Tuesday, will that legislation, which promises a framework policy for immigration from the Government for the first time, be prioritised and brought to the House early next year rather than late next year as is now envisaged and will the procedural requirements to deal with people in a humane way be put into effect immediately?

The Taoiseach:

I gave Deputy Howlin that information last week. This is not an unreasonable request and I have since spoken to Ministers and Departments and I hope to do so over the weekend or certainly early next week to try to bring it forward as soon as possible.

Mr. J. Bruton:

Does the Taoiseach agree that issues concerning the human rights of asylum seekers should be sorted out by the Cabinet rather than being the subject of press briefings by individual Government parties, which is not showing the respect that this serious issue deserves.

An Leas-Cheann Comhairle:

That is not appropriate on the Order of Business.

Mr. J. Bruton:

We are seeing a situation where collective responsibility in the Cabinet for an important matter seems to be breaking down. That is of concern to the House. How is the Government to be accountable if it has two voices?

An Leas-Cheann Comhairle:

That is not appropriate on the Order of Business. Perhaps we can hear Deputy Howlin on this issue before a final reply.

Mr. Dukes:

It is accurate.

Mr. Yates:

The Tánaiste cannot make her mind up.

Mr. Howlin:

On the same issue and in response to the Taoiseach's remarks, does he agree that it is unprecedented for a member of the Government to describe Government policy as a shambles and that there is a requirement—

An Leas-Cheann Comhairle:

That is not appropriate on the Order of Business. A final reply from the Taoiseach.

Mr. Howlin:

—for an immediate statement of Government policy pending the publication of the Bill?

An Leas-Cheann Comhairle:

Deputy Howlin will be aware that he has raised this matter on the Adjournment and that it has been accepted by the Ceann Comhairle. There will be an opportunity for him to make his case then.

Mr. Quinn:

Just warming it up.

The Taoiseach:

There are four Bills in the immigration legislation area. We will try to bring forward the heads of the immigration and residency Bill and the Bill itself as soon as possible. The Illegal Immigrants (Trafficking) Bill will be brought to the House this week and is directed at those who traffic in human beings and not asylum seekers. Genuine asylum seekers have nothing to fear from this legislation. The Immigration Act, 1999, was enacted some months ago and deals with deportation orders. The heads of the work permit legislation have already been agreed. In as far as it can, the Government will have this legislation on the Statute Book as soon as possible.

Mr. Quinn:

On a separate matter, all political parties and commentators have been reserved in their comments on developments that have taken place and that continue to take place in Northern Ireland. While we wish to maintain that sense of responsibility, does the Government intend making time available today, tomorrow or Thursday to update the House on an Agreement for which we have some responsibility and ownership?

The Taoiseach:

I acknowledge the assistance of Opposition Leaders in this matter. I suggest to Deputies Quinn and Bruton that if I arrange a briefing for them from my senior officials they will see the position. There are a number of relevant issues and we could then discuss whether a debate is necessary.

Mr. Kenny:

When does the Taoiseach expect funds to be released for the Western Development Commission? Several hundred applications have piled up there and have not received assistance.

An Leas-Cheann Comhairle:

That is not appropriate to the Order of Business.

Mr. Kenny:

The Western Development Commission must be funded by Europe. The Taoiseach spoke about this in June and the Tánaiste told us yesterday—

An Leas-Cheann Comhairle:

The Deputy should submit a question.

Mr. Kenny:

They are waiting in Ballaghaderreen. This is farcical.

An Leas-Cheann Comhairle:

Deputy Michael D. Higgins is next. Deputy Kenny should submit a parliamentary question.

Mr. M. Higgins:

Legislation has been promised allowing for parental representation on vocational education committees, but I have a wider question on forthcoming legislation. Some time ago on the Order of Business I asked the Taoiseach if, given the large number of items on the Government's legislative programme being pushed back as timescales were not achieved, he would examine a different method of drafting legislation that would break the drafting monopoly in the parliamentary draftsman's office. At that stage he undertook to look at that proposal to see if there was a way to deliver legislation to the House in a more meaningful timeframe by changing the arrangements. Has he come to a conclusion on the suggestion I made?

The Taoiseach:

The Bill will be taken early next year, as I told the Deputy recently. Approximately 60 Bills a year are being drafted, which is probably a far higher throughput than five or ten years ago and we have debated the parliamentary draftsman system a number of times on Question Time. I hope this Bill will be brought forward early in the new session.

Mr. Quinn:

Does the Taoiseach agree that while we have increased the throughput of legislation, we have also radically transformed the operation of these Houses, particularly with the committee structure? The deadlock that the Taoiseach and Deputy Higgins referred to could be reduced, if not necessarily eliminated, if committees were given more work to do in fine tuning and polishing legislation on Committee Stage – there is a precedent for this. Will the Government give consideration to this proposal, given the increasing backlog of delayed legislation about which the Taoiseach gave evidence in replying to an earlier question?

The Taoiseach:

I am not against looking at that system, though I am probably not the one who should propose it. There would be suspicion of a Taoiseach who would try to bring that in. Deputies Quinn and Bruton will know that other Parliaments view our way of working with some awe. Practically all Parliaments in Europe have a committee week in which drafting is done. We continue to work this way and I spend three and a half hours on the floor of the Parliament in this way when many of my colleagues would spend perhaps an hour in theirs. I do not care about that, but the committee week system would be a good idea. We should look at things like that, but if I proposed it there would be a difficulty.

Mr. G. Mitchell:

The Taoiseach will be aware of people like a constituent of mine who is paying a local authority interest rate of 12.5 per cent. In view of the commitment in An Action Programme for the Millennium issued in November this year which promises to target support for homeowners, will the Taoiseach confirm that legislation on this matter will be brought forward in the near future and that it will affect the exorbitant interest rates that elderly people are being charged? I repeat that my constituent is paying 12.5 per cent.

The Taoiseach:

That matter is under consideration.

Mr. Rabbitte:

An EU directive on part-time workers is to be transposed into Irish law by the beginning of next year. When will we see that legislation?

The Taoiseach:

The legislation will be introduced either just before Christmas or immediately afterwards.

Mr. J. Bruton:

What is the current state of preparation of the pensions Bill? Is the Government aware that there are problems with some private sector pension schemes, where commitments are given in regard to a proportion of final salary being payable, in view of the fact that the rate of return on investments and the rate of interest on money on deposit has fallen so much? Pension funds may not be able to pay those rates of pension.

The Taoiseach:

Just in case I misled Deputy Rabbitte, the Bill I referred to is due to be taken before Christmas as it must be implemented by 20 January.

The heads of the pensions Bill are expected early next year and will include additional provisions governing the regulation of occupational pensions, though I do not have a date. I believe there is a second pensions Bill.

Mr. J. Bruton:

In view of the Government's leisurely approach to this matter, is the Government satisfied with the regulation—

An Leas-Cheann Comhairle:

That is not appropriate. It is appropriate to ask when the legislation is to come before the House.

The Taoiseach:

May I ask Deputy Bruton to clarify his question? There is a second Bill – the temporary holding fund for superannuation liabilities Bill – which is to create a temporary holding fund into which the proceeds of some the pension funds will be put. Is that the Bill?

Mr. J. Bruton:

No. The substantive Bill ensuring that pension funds can meet their obligations.

The Taoiseach:

Then it is the answer I gave the first time.

Mr. J. Bruton:

That is leisurely.

Mr. Higgins

(Mayo): On promised legislation, in the light of the demand by the medical director of the Central Mental Hospital in Dundrum for an additional £1 million for 20 additional beds for suicidal prisoners and given the recent spate of prison suicides—

An Leas-Cheann Comhairle:

I would prefer if we did not have preliminary statements before a question on legislation.

Mr. Higgins

(Mayo): After the réamhrá, what is the position in relation to the Criminal Law (Insanity) Bill and the Mental Health Bill?

The Taoiseach:

The Mental Health Bill will be taken this session and the Criminal Law (Insanity) Bill at the beginning of next year.

Mr. Higgins

(Mayo): My understanding was that both Bills would be taken together.

An Leas-Cheann Comhairle:

We cannot have a discussion on the matter.

Mr. Higgins

(Mayo): I am not having a discussion. I wish to clarify if there is liaison and dialogue between the Department of Justice, Equality and Law Reform and the Department of Health and Children as regards both Bills. We were previously told dialogue was taking place with a view to amalgamating—

An Leas-Cheann Comhairle:

That is not appropriate to the Order of Business.

The Taoiseach:

Dialogue is taking place and the same people are working on the Bills. The Mental Health Bill which updates the provisions of the detention for treatment of mentally disordered persons will be taken prior to Christmas.

Mr. Dukes:

There is no such thing as dialogue with the Minister for Justice, Equality and Law Reform.

The Taoiseach:

The Criminal Law (Insanity) Bill is also being prepared and will be taken directly after that at the beginning of next year.

Ms McManus:

I remind the Taoiseach that last week he promised the Mental Health Bill would be published in mid-November. It does not look like we will reach that—

The Taoiseach:

This session.

Ms McManus:

Mid-November is not this session. The EU Parliament today agreed to a proposal to reduce the working times of junior doctors to a reasonable level which was supported by the Fianna Fáil MEPs. The Labour Party published a Bill to amend the Working Time Act to allow for a reasonable, rational—

An Leas-Cheann Comhairle:

Deputy, the same point I made to Deputy Higgins applies to you.

Ms McManus:

Will the Taoiseach allow Government time to be given to debate this Bill so we could ensure progress in hospitals as regards the unreasonable hours—

An Leas-Cheann Comhairle:

Is legislation promised?

The Taoiseach:

It is an EU directive which will take some time to deal with.

Ms Fitzgerald:

Will the White Paper on Defence be published this year?

Mr. Quinn:

This century.

The Taoiseach:

It will be published before Christmas.

Mr. Yates:

The Minister for Public Enterprise promised new legislation to deal with the regulator of telecommunications. Have the heads of the Bill been approved by Cabinet and when will it be published? Now the hype is starting to die down, is it intended that the Dáil will debate the National Development Plan so we can distinguish myth from reality?

The Taoiseach:

The heads of the Telecommunications Regulation Bill are expected to be published in January, and the Bill later in the year. It is intended to debate the National Development Plan. I think the House will look forward to that opportunity.

Mr. Kenny:

A full week.

Mr. Stagg:

Last week I saw Mr. O'Toole of ACRA heading for Government offices. Arising from that, is there any progress in the legislation promised on ground rents?

Mr. Finucane:

The Woods Bill.

The Taoiseach:

Perhaps he arrived with some resolutions for the Attorney General but I have not heard them yet.

Mr. Sheehan:

It will continue into the new millennium.

Mr. Higgins

(Dublin West): When precisely will the Planning and Development Bill be brought before the Dáil? In the context of the National Development Plan, when billions of pounds will allegedly be spent on increased housing, is legislation forthcoming to ensure it does not become a national speculators' charter by controlling the price of building land which will be much in demand?

Dáil Éireann debate - Tuesday, 16 Nov 1999

Dáil Éireann debate -
Tuesday, 16 Nov 1999