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Dáil Éireann debate -
Tuesday, 14 Dec 1999

Vol. 512 No. 6

Order of Business.

The Order of Business today shall be as follows: No. 13 – motion re Double Taxation Relief (Romania) Order, 1999; No. 14 – motion re Double Taxation Relief (The Slovak Republic), Order, 1999; No. 15 – motion re Double Taxation Relief (United States of America) Order, 1999; No. 3 – Appropriation Bill, 1999 – Order for Second Stage and Second and Subsequent Stages; No. 38 – Intoxicating Liquor Bill, 1999 – Report Stage (Resumed) and Final Stage; No. 4 – Temporary Holding Fund for Superannuation Liabilities Bill, 1999 – Order for Second Stage and Second and Subsequent Stages; No. 39 – Fisheries (Amendment) Bill, 1999 – Order for Report and Report and Final Stages; No. 40 – Financial Motions by the Minister for Finance [1999] (Resumed), to be taken not later than 8.30 p.m. and the order shall not resume thereafter.

It is also proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m.; (2) Nos. 13, 14 and 15 shall be decided without debate; (3) the Second and Subsequent Stages of No. 3, shall be taken today and shall be decided without debate by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Finance; (4) the Report and Final Stages of No. 38 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion after 45 minutes by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Justice, Equality and Law Reform; and (5) the Second and Subsequent Stages of No. 4 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 7 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Finance. Private Members' business shall be No. 92 – motion re social partnership.

There are five proposals to put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with Nos. 13, 14 and 15 agreed? Agreed. Is the proposal for dealing with No. 3 agreed?

No. The Government has already added £250 million to the budget, which was presented a few days ago, and is in the process of adding more to it. We should not discuss any financial business without debate or take No. 40 until the Minister for Finance makes a revised Budget Statement altering all the tables and the various statistics associated with it because the original budget no longer exists.

The Appropriation Bill does not reflect the decisions which have been taken since the budget started its journey through the House. We have been informed that other decisions are likely to be made to which the House is not a party. We are being asked to vote taxpayers' money when the precise amount of that money has not yet been determined. We are not, therefore, prepared to deal with this matter without debate.

Question put: "That the proposal for dealing with item No. 3 be agreed to."

Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Matt.Brennan, Séamus.Briscoe, Ben.Browne, John (Wexford).Byrne, Hugh.Callely, Ivor.

Carey, Pat.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cowen, Brian.Cullen, Martin.Daly, Brendan.de Valera, Síle.Dempsey, Noel.Dennehy, John.Doherty, Seán.Ellis, John.Fleming, Seán. Tá–continued

Flood, Chris.Foley, Denis.Fox, Mildred.Gildea, Thomas.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.Kelleher, Billy.Kenneally, Brendan.Killeen, Tony.Kitt, Michael.Kitt, Tom.Lawlor, Liam.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McGennis, Marian.McGuinness, John.Martin, Micheál.Moffatt, Thomas.

Molloy, Robert.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.O'Dea, Willie.O'Donoghue, John.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Kennedy, Michael.O'Malley, Desmond.O'Rourke, Mary.Power, Seán.Roche, Dick.Ryan, Eoin.Smith, Brendan.Smith, Michael.Treacy, Noel.Wade, Eddie.Wallace, Dan.Wallace, Mary.Woods, Michael.Wright, G. V.

Níl

Ahearn, Theresa.Allen, Bernard.Barnes, Monica.Barrett, Seán.Bell, Michael.Belton, Louis.Boylan, Andrew.Broughan, Thomas.Browne, John (Carlow-Kilkenny).Bruton, John.Bruton, Richard.Burke, Ulick.Carey, Donal.Clune, Deirdre.Connaughton, Paul.Cosgrave, Michael.Coveney, Simon.Creed, Michael.Currie, Austin.Deasy, Austin.Deenihan, Jimmy.Dukes, Alan.Durkan, Bernard.Finucane, Michael.Fitzgerald, Frances.Flanagan, Charles.Gilmore, Éamon.Gormley, John.Hayes, Brian.Higgins, Jim.Hogan, Philip.Howlin, Brendan.

Kenny, Enda.McCormack, Pádraic.McDowell, Derek.McGahon, Brendan.McManus, Liz.Mitchell, Gay.Mitchell, Jim.Mitchell, Olivia.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Noonan, Michael.Ó Caoláin, Caoimhghín.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Owen, Nora.Perry, John.Quinn, Ruairí.Rabbitte, Pat.Reynolds, Gerard.Ring, Michael.Ryan, Seán.Sargent, Trevor.Sheehan, Patrick.Shortall, Róisín.Spring, Dick.Stagg, Emmet.Stanton, David.Upton, Mary.Wall, Jack.Yates, Ivan.

Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Barrett and Stagg.
Question declared carried.

Is the proposal for dealing with No. 38 agreed? Agreed. Is the proposal for dealing with No. 4 agreed?

This is to use up budget surpluses. Is the Taoiseach not getting rid of budget surpluses with all the S-turns, U-turns and Z-turns he is instructing the Minister for Finance to make? This legislation will not be necessary because all the surpluses will be given away in the budget's rapidly ever-changing aspects.

Is the proposal for dealing with No. 4 opposed?

When will we reach finality on the Government's budget? When will the Government say "All bets are off, we have now reached the starting gate"? When will the budget be finished? I do not wish to divide the House but the Taoiseach might assist the House by answering a simple question. When will the Government finish tinkering with the budget?

We ended that two weeks ago.

On the same point, the Minister for Finance has told the House he intends to bring in five budgets. He has already done that – three this year and two previously. Is another budget due from the Minister for Finance and, if so, will he announce it in the House?

Question put: "That the proposal for dealing with item No. 4 be agreed to."

Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Matt.Brennan, Séamus.Briscoe, Ben.Browne, John (Wexford).Byrne, Hugh.Callely, Ivor.Carey, Pat.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cowen, Brian.Cullen, Martin.Daly, Brendan.de Valera, Síle.Dempsey, Noel.Dennehy, John.Doherty, Seán.Ellis, John.Fleming, Seán.Flood, Chris.Foley, Denis.Fox, Mildred.Gildea, Thomas.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.Kelleher, Billy.

Kenneally, Brendan.Killeen, Tony.Kirk, Séamus.Kitt, Michael.Kitt, Tom.Lawlor, Liam.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McGennis, Marian.McGuinness, John.Martin, Micheál.Moffatt, Thomas.Molloy, Robert.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.O'Dea, Willie.O'Donoghue, John.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Kennedy, Michael.O'Malley, Desmond.O'Rourke, Mary.Power, Seán.Roche, Dick.Ryan, Eoin.Smith, Brendan.Smith, Michael.Treacy, Noel.Wade, Eddie.Wallace, Dan.Wallace, Mary.Woods, Michael.Wright, G. V.

Níl

Ahearn, Theresa.Allen, Bernard.Barnes, Monica.Barrett, Seán.Bell, Michael.Belton, Louis.Boylan, Andrew.Broughan, Thomas.Browne, John (Carlow-Kilkenny).Bruton, John.Bruton, Richard.Burke, Ulick.Carey, Donal.Clune, Deirdre.Connaughton, Paul.Cosgrave, Michael.Coveney, Simon.Creed, Michael.Currie, Austin.Deasy, Austin.Deenihan, Jimmy.Dukes, Alan.Durkan, Bernard.Finucane, Michael.Fitzgerald, Frances.Flanagan, Charles.Gilmore, Éamon.

Gormley, John.Hayes, Brian.Higgins, Jim.Hogan, Philip.Howlin, Brendan.Kenny, Enda.McCormack, Pádraic.McDowell, Derek.McGahon, Brendan.McManus, Liz.Mitchell, Gay.Mitchell, Olivia.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Noonan, Michael.Ó Caoláin, Caoimhghín.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Owen, Nora.Perry, John.Quinn, Ruairí.Rabbitte, Pat.Reynolds, Gerard.Ring, Michael. Sargent, Trevor.

Níl–continued

Sheehan, Patrick.Shortall, Róisín.Spring, Dick.Stagg, Emmet.

Stanton, David.Upton, Mary.Wall, Jack.Yates, Ivan.

Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Barrett and Stagg.
Question declared carried.

What is the point of ordering No. 40, which concerns the budget, when the budget is changing? What are the Taoiseach's plans in ordering this item this week given that the budget we are now considering is not the one referred to on the Order Paper, but a new one that is being altered all the time? Can the Minister for Finance be permitted to make a new statement in the debate this evening, revising the existing budget, so that from here on at least the debate can take place on a new statement with new financial tables and all the revised figures? We would facilitate any alteration of standing orders necessary to allow the Minister for Finance to speak twice in this debate, so that he can correct himself.

The budget has now become the eighth wonder of the world.

The House is in an unprecedented position. Effectively, we have had a budget that cannot be put through the House in its present form. We have been informed of that by a number of Deputies who still support the Government. The Minister for Finance has indicated a number of changes already, anywhere but in the Chamber. The decency of the House and the self-respect of the Government requires that the Minister for Finance should come to the House at some stage – the standing orders can be changed to facilitate that – to tell us what he is doing, who he is talking to, what changes will occur and how many more alterations there will be before the House votes on the full contents of the budget.

Where did he get the extra money? It must have been egg money.

Please allow the Taoiseach to reply without interruption.

As is normal, the budget debate goes on for some time after the budget is presented to the House. This year, because of the enormous tax break in the budget, of £1 billion, including £400 million in welfare, more Deputies than normal want to contribute to the debate to praise the budget.

(Interruptions).

That is a joke.

Please allow the Taoiseach to continue without interruption.

From next April, tens of thousands of taxpayers will pay less than they otherwise would have, but for this budget. Last week, an effort was made by the Labour Party to stop people speaking in favour of this budget but, thankfully, democracy prevailed and that effort was defeated.

The Taoiseach got stick from his own backbenchers.

As far as any debates on the substantive issue are concerned, the Finance Bill and the Social Welfare Bill will be debated in March, as in every other year. At this stage, the budget as announced is what is being debated.

What? When will the changes be debated?

The Opposition will by now have received submissions from organisations representing the handicapped, sporting organisations, voluntary groups and farming groups who want to declare their support for the budget. I look forward to hearing their comments both tonight and tomorrow night.

On this topic—

Deputy Bruton, we have already dealt with this topic by way of a vote. As Deputies are aware, the issue is on the Order Paper for tonight and will be dealt with under No. 40. It is not appropriate to continue this discussion which has already been dealt with.

Could the debate tonight be assisted by the Minister for Finance producing revised tables, taking into account the changes in the distribution of benefit between different families at different income levels as a result of the changes that have been announced to the budget since budget day? Could we have revised tables so that at least the debate will take place on up-to-date information?

A reality check.

The Minister does not have to bring it out on video or in gold print, just give us the figures.

Please, Deputy Bruton we are not debating this issue.

We will send Deputy Bruton a calculator.

The Leader of the Fine Gael Party and I specifically asked the Taoiseach a question which he chose not to answer, or perhaps forgot. The question was, in light of the changes that have been announced outside the House since the Budget Statement was first presented, will the Minister for Finance come in today – which is the last day of debate on the budget – to make a statement?

It would be more appropriate to raise that matter during the debate tonight on No. 40.

In all fairness, how could the matter possibly be raised during that debate which will comprise a series of statements? With due respect, the Leas Ceann Comhairle knows the procedure as well as I do.

The matter can be raised tonight.

Is there any shame left?

Who will speak in the debate is not an appropriate question for the Order of Business.

This House is being treated with contempt. The budget is being changed, yet the Minister for Finance is sitting there dumb. Some indication could be given as to whether he will come into the House to explain what has happened.

The Taoiseach can always find extra money, no matter where.

Deputy Carey, please allow your colleague, Deputy Gay Mitchell, to ask a question appropriate to the Order of Business.

(Interruptions).

On No. 51, a constituent of mine was admitted to the casualty unit of Tallaght Hospital at 6 p.m. yesterday and is still in a wheelchair. I was informed by the hospital—

That is not appropriate to the Order of Business.

I have been informed by the hospital that, as of 3 p.m. today, two people who were admitted to casualty last Friday have still not been allocated beds.

There are other ways of raising that matter. The Deputy may raise it by way of a question on the Adjournment.

Having regard to these three people who since last Friday have been in wheelchairs in the casualty department of Tallaght Hospital, when will the debate resume on No. 51 – statements on the Office of the Ombudsman? The remit of the Ombudsman has to be extended to cover these people who since last Friday have been in the casualty department of Tallaght Hospital without a bed.

The Taoiseach will answer the Deputy's question on No. 51.

He has not even stood up to answer the question. Those three people are up in the casualty department of Tallaght Hospital and they do not even have a bed.

The Deputy will have to resume his seat.

Am I going to get a reply?

Sit down and you will find out.

I have called on the Taoiseach and Members should allow him to reply.

No. 51 – statements on the 1996 annual report of the Ombudsman – has been on the Order Paper for three years and I have no indication from the Whips that they wanted to discuss it before the next millennium.

I will give notice now.

It is not appropriate to give notice now. I ask Deputy Mitchell to resume his seat. I have called Deputy O'Kennedy.

There are 20 people in Tallaght hospital who cannot get a bed.

Does Deputy Mitchell wish to leave the House?

It is a disgrace.

Having regard to the resolutions of this House on 7 October 1997, and subsequently on 1 July 1998, setting up the Tribunal of Inquiry into Certain Planning Matters, which is now known as the Flood tribunal, and having regard to the terms of reference given by this House to that tribunal, one of which was that the tribunal would report back to this House on the progress that has been made in the hearing—

What has that got to do with the Order of Business?

It is on the business of this House. It is the responsibility of this House to follow through on the terms it gave.

Does Deputy O'Kennedy have a question appropriate to the Order of Business?

In so far as this House not only requested but directed that the inquiry be completed in as economical a manner as possible and at the earliest date consistent with a fair examination, having regard to the fact that the tribunal has, two years later, not reported back to this House in any detail and that the amended terms of reference were set after consultation with Mr. Justice Flood—

It is not appropriate to raise—

—will the Taoiseach consult with the Leaders of the other parties—

The Deputy's question is not appropriate to the Order of Business.

I am concerned—

The Deputy is getting away with murder. It does not matter about the people in Tallaght hospital but a Fianna Fáil Deputy can speak for as long as he likes.

I am ruling the Deputy out of order, in the same way I ruled Deputy Mitchell out of order.

—about the interests of the people and the taxpaying public.

The Deputy's question is not appropriate to the Order of Business. I call Deputy Gormley.

It is a scuttle job.

Will the Taoiseach ask—

This is not appropriate. The Deputy must find another way to raise the matter. I call Deputy Gormley.

Is the Taoiseach aware the Minister for the Environment and Local Government has promised us legislation on electoral reform and direct elections for mayors, a tax on plastic bags, a carbon tax to deal with the problem of global warming and legislation on the Environmental Protection Agency?

He is the Minister for promises.

He has promised all this and more, but in two and a half years he has delivered absolutely nothing.

(Interruptions).

Has the Deputy a question appropriate to the Order of Business?

The question is—

The question is "Is it worth a photo opportunity?".

—given the fact that one of his few constructive proposals to deal with the environmental crisis was to tell housewives to put a brick in their toilet cisterns last week—

(Interruptions).

I call Deputy Jim Higgins.

—is the Minister the appropriate man to hold this office?

I call Deputy Jim Higgins on a question appropriate to the Order of Business.

When is the Taoiseach going to get rid of the Minister for the Environment and Local Government?

I ask Deputy Gormley to resume his seat.

Does the Minister's attitude reflect the appalling attitude of the Government to the environment?

(Interruptions).

Deputy Gormley, please. I have called Deputy Jim Higgins.

On a point of order, I asked about five items of legislation.

The Deputy did not ask a question.

On a point of order, I listed five items of legislation that I—

The Deputy did not ask a question about them.

I did. I asked if the Taoiseach was aware of this promised legislation and when we would see it. Will we have to wait another two and a half years?

(Interruptions).

Absolutely useless.

The Taoiseach, on promised legislation.

Another brick in the wall.

The Planning and Development Bill was published on 25 August, three and a half months ago, and the local government reform Bill should be published in January or February.

Deputy Jim Higgins.

On a point of order—

I have called Deputy Jim Higgins. I will call Deputy Gormley again if he has an appropriate question.

I asked about much more than that. When will we get electoral reform?

Is there no concern about the ongoing cost of the Flood tribunal?

I ask Deputy O'Kennedy to resume his seat.

When will there be direct elections for mayors? I want answers to my questions.

I call Deputy Jim Higgins.

This man has got away for too long. I want—

I have called Deputy Jim Higgins and I will call Deputy Gormley again.

On a point of order—

Deputy Gormley, on a point of order.

It is only fair that I get answers to my questions.

The Deputy should table a question to me.

I have tabled a number of questions.

The Deputy has not tabled a question to me for ages.

That is ambition – now we know who is looking for what.

That is because I do not get in. When will we see a tax on plastic bags? When will see a carbon tax? When will we see legislation on the EPA? Can I have answers to those questions?

(Interruptions).

The Taoiseach, on promised legislation.

The heads of the Bill are expected in February. It will be published later in the year.

(Interruptions).

Deputy Jim Higgins.

Deputy Roche came out of the bushes yesterday.

He ambushed the Minister.

Deputy Jim Higgins must be allowed speak.

(Mayo): There have been four tragic prison suicides in the past two months, the latest at 3 a.m. yesterday when a 35 year old man hanged himself in Mountjoy Prison.

Has the Deputy a question on legislation?

(Mayo): Will the Taoiseach give an absolute guarantee that the prison service Bill, which is long overdue and has been in gestation for three years, will be a priority for the Government, in order to bring some semblance of order to the present chaos and catastrophe of our prison system?

The Bill will have priority and is expected later next year.

I wonder if Deputy O'Kennedy's other place of employment has approved this campaign he has undertaken.

That is not appropriate. I want to conclude the Order of Business.

I was going to ask—

The Deputy is an expert on tribunals.

The Deputy must allow Deputy Rabbitte to ask a question appropriate to the Order of Business.

He wanted personal papers to be sent to the tribunal.

Deputy O'Kennedy must allow Deputy Rabbitte to ask a question appropriate to the Order of Business.

(Interruptions).

This is a convenient time for Deputy O'Kennedy – it would be rough if it was 10.30 a.m. Is the Taoiseach as dissatisfied as the rest of the country with the size of the Minister of State, Deputy Brennan's, candle?

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

I am not finished, a Leas-Cheann Comhairle. Will two income families—

That is not appropriate to the Order of Business.

—get two candles?

(Interruptions).

When will the question of low pay be dealt with in the context of the budget? Will there be an announcement by the Minister for Finance—

I call Deputy Sargent.

Will the minimum pay Bill be rewritten to take account of the fact that low paid people were not dealt with in the budget?

That matter arises in Private Members' time tonight. I call Deputy Sargent.

The minimum pay Bill is promised legislation.

The Taoiseach will find extra money.

The Taoiseach, on promised legislation.

Minimum pay comes into effect next April. There will be minimum pay legislation. As Deputy Rabbitte knows, this Government promised a minimum pay Bill, unlike the Government of which he was a member which could not have cared less about a minimum pay Bill.

The Taoiseach is the Minister for promises.

Nach bhfuil sé in am an national minimum wage Bill a thabhairt chun cinn? Tá care assistants ar £2.50. Ní féidir daoine employ care assistants on those wages. Nach bhfuil sé in am, thar an Nollaig ach go háirithe, an national minimum wage Bill a thabhairt chun cinn, nó na socraithe a thabhairt chun cinn, de bharr go mbeidh Nollaig éigin ag daoine atá le mí chumas? Care assistants cannot be employed on those wages.

The Taoiseach has dealt with that. I call Deputy Quinn and I will then call Deputy Sargent for a final question.

Taispeánfadh—

The Taoiseach has already dealt with that.

Not satisfactorily. Mí Aibreán, a dúirt sé. Will he not stand up and answer the question? Tá sé ró-phráinneach.

Deputy Sargent was not listening to me.

Bhí mé ag éisteacht go géar.

I said it is effective from 1 April. The legislation will be passed well in advance of that. The legislation is almost ready. I stated that the Government has a minimum wage Bill, whereas the last Government did not even promise to do anything about the minimum wage.

We have not got the Bill yet.

This Government also promised that priority would be given to legislation to give effect to the Good Friday Agreement, which has now happily moved on. It is almost the second anniversary of its signing, let alone enactment on 22 May. Will the Taoiseach indicate what items of priority legislation have not yet been published or enacted?

The human rights Bill has not yet been enacted but it is before the House. Most of the other legislation is now either before the House or has already been passed. I cannot readily think of any outstanding Bill.

Will the Taoiseach indicate—

What about the insurance Bill?

It was considered by the Government this morning.

When will it be published?

In the next few days.

Today's newspapers carry reports that the Government was going to consider the issue of immigration today. Will legislation be promised as a result of today's discussions or was the newspaper report accurate?

Is legislation promised?

There are a number of changes in the Government's proposals which will be announced by the Minister for Justice, Equality and Law Reform.

In the House?

I will take a final question on the Order of Business from Deputy Boylan.

Respect and dignity are words often used in this House. How can the Taoiseach justify his decision taken yesterday to ignore the just claims of the people of Cavan and Monaghan for one of the regional offices of the cross-Border institutions?

That matter is not appropriate to the Order of Business. We are moving on to an announcement by the Minister of State at the Department of the Taoiseach, Deputy Seamus Brennan, on Irish representation at the Council of Europe.

I hope Cavan and Monaghan will get a substantial body.

How can the Taoiseach justify his decision given that the people of Cavan and Monaghan have suffered so much as a result of the violence?

It is a Dublin Government for Dublin people.

I call the Minister of State. The Order of Business is concluded.

(Interruptions).

I call the Minister of State at the Department of the Taoiseach.

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