It is proposed to take No. 17, motion re Sports Campus Ireland and Stadium Ireland; No. 43, National Beef Assurance Scheme Bill, 1999 [Seanad] – Second Stage (resumed); and No. 44, Planning and Development Bill, 1999 [Seanad] – Second Stage (resumed). It is proposed that, notwithstanding anything in Standing Orders, the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10.30 p.m. Proceedings on No. 17, if not previously concluded, shall be brought to a conclusion within two hours and the following arrangements shall apply: (i) the opening speech of a Minister or Minister of State and the main spokespersons for the Fine Gael Party and the Labour Party, to be called upon in that order, shall not exceed 15 minutes in each case; (ii) the speech of each Member called upon shall not exceed ten minutes in each case; (iii) Members may share time; and (iv) a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes. Proceedings on the resumed Second Stage of No. 43, if not previously concluded, shall be brought to a conclusion at 7 p.m. Private Members' Business shall be No. 96, motion re communications between the Taoiseach and Deputy Denis Foley (resumed).
Order of Business.
There are three proposals to be put to the House. Is the proposal for the late sitting agreed?
Is it the intention of the Taoiseach or the Tánaiste to participate in the debate on the Private Members' motion?
That question is not relevant to this proposal. Is the proposal for the late sitting agreed?
Is the Taoiseach in a position to answer my question?
The question is not relevant to the proposal before the House.
Deputy Hanafin announced last night that the Taoiseach would participate.
Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. 17 agreed? Agreed. Is the proposal for dealing with No. 43 agreed? Agreed.
I have three questions for the Taoiseach, one of which relates directly to legislation and all of which relate indirectly to it. Does the Taoiseach agree, in the context of the difficult and important work he is doing to advance the process of peace, that after all armed conflicts victors decommission as well as those who have not been victors, that after the Second World War vast quantities of arms were decommissioned by those who had won that war, and that there is no equivalence between decommissioning weapons and defeat or victory?
Does the Taoiseach support the offer by the Bishop of Derry, Dr. Hegarty, to provide a means of facilitating the taking of weapons out of commission, which is inevitable after a conflict?
In the Taoiseach's view, will legislation be necessary if the Government gives its assent to the activation of the legislation recently passed in Westminster for the suspension of institutions?
Bishop Hegarty has been continually helpful in the Northern Ireland peace process. I have discussed the matter with him on several occasions and anything he or his fellow Church leaders in Northern Ireland can do is always helpful. If his offer is in any way helpful it will be useful.
I have not looked at the matter of the necessity for legislation. Deputy Bruton is aware that some legal issues will arise regarding how the matter will be dealt with. I have taken legal advice on the current legislation and there are clearly some difficulties in that area. I have asked for some of those issues to be looked at and later in the week things may be clearer. If I have information I will be happy to give it to leaders of Opposition parties.
Given that the House of Commons has passed its legislation and that a timing issue is involved, does the Taoiseach agree that the passing of necessary legislation – we hope it will not be necessary – would require additional sitting days this week?
I have no proposal to rush legislation through. I will examine the implications of what is happening.
Is there a possibility of legal action being taken if there is not an adequate legal basis for anything that is being done? The institutions in question do not merely apply to the United Kingdom jurisdiction but to the whole island of Ireland and to this State.
That is the point to which I referred. The UK has jurisdiction over their institutions but we have an involvement with the North-South institutions. That is what I will look at.
Does the Government intend to bring forward legislation to recoup from the banks the money lost by the Irish taxpayer as a result of the co-operation between banks and their customers which was revealed to the sub-committee of the Committee of Public Accounts which investigated DIRT?
The Finance Bill will be published tomorrow and matters relevant to the DIRT investigation by the public accounts committee will be dealt with in that Bill. It would not be appropriate to spell those matters out now.
I understand that the Finance Bill will not propose what I have suggested, which is in line with the recommendations in the report of the sub-committee. Does the Government propose to bring in separate legislation to recoup the money which the Irish taxpayer lost as a result of collusion between the banks and many of their customers?
No separate legislation is proposed.
Does the Taoiseach intend to intervene to salvage the appalling situation that has developed in the Defence Forces and the deteriorating relationship between the Minister and the Defence Forces? The Taoiseach said yesterday that this relationship was excellent. Either the Taoiseach has not been briefed on this issue or he has his head in the sand.
This matter is not appropriate to the Order of Business.
A very serious situation is emerging. The Government is giving new international obligations to our Defence Forces—
It is not in order to raise this matter or to make a statement on the Order of Business.
—and at the same time making cuts involving thousands of personnel. When will the White Paper on defence be published and will the Taoiseach intervene?
It is not in order to raise this matter. However, if the Taoiseach wishes, he may make a brief comment. Do you wish to comment, Taoiseach?
No.
Will publication of the Finance Bill be delayed in order to give consideration to the fact that the money lost cannot be recovered constitutionally?
We cannot discuss the contents of the Bill.
I am asking about timing, which is what is at issue. Will the Taoiseach say whether publication of the Finance Bill has been delayed because of this matter? Is the matter to be referred to the committee which is reviewing the Constitution, given that a constitutional impediment has been cited as the reason justice is not being done?
The Bill will be published tomorrow and recommendations from the Committee of Public Accounts will be included in the Bill. Deputies will have an opportunity to address these and any other issues during the debate on Second Stage.
Yesterday I asked the Taoiseach whether any structural changes are proposed for the Garda Síochána. In the light of another violent episode last night and an unprecedented number of murders since the beginning of the year, has the Government any legislative proposals—
The matter was dealt with on the Adjournment last evening.
—to deal with the issue of rising serious crime? Is there any legislative measure promised for this session?
It is proposed to introduce several Bills. In the cases cited by the Deputy there are adequate powers to deal with the persons responsible for these terrible deeds as soon as they are apprehended by the Garda Síochána.
Zero tolerance on Dublin murders.
I was informed that the aviation regulation Bill would be published this month. The regulator who was appointed some months ago does not have any powers to deal with a number of urgent issues, including the ground handling directives. When will the Bill be published?
It will be published this session.
We are moving backwards.
The Courts and Court Officers Bill is due to be published this session. Does the Government have any proposals to increase the capacity of the Special Criminal Court? Staff are concerned that cases will be delayed because of the lack of a second chamber. Will the Government consider providing for an extension in the Bill?
The Bill is due to be published this session.
Will the Government consider providing for an extension to the Special Criminal Court?
Next Thursday, 17 February 2000, the Minister for Defence will answer parliamentary questions. Will the White Paper on Defence be published in advance of that date to prevent questions being frustrated or is that the Government's intention by delaying its publication? When will the White Paper be published?
The White Paper will be published shortly but it will not have any bearing on parliamentary questions which are taken in rotation. As soon as the White Paper is ready—
The Taoiseach does not like asking or answering questions.
On the one hand the Deputy is asking for consultation to ensure concerns are understood and on the other he is asking for the White Paper to be published to ensure concerns are not understood. What he is really saying is that he wants a row. He does not want the issue to be resolved.
Will the Taoiseach take the opportunity to intervene with the Minister for Defence in view of his deteriorating relationship with senior Army officers? Certain statements being made by the Minister have implications—
That matter is not relevant to the Order of Business.
Will legislative proposals be brought forward in the near future to provide for the restructuring of the Defence Forces?
In view of the increasing number of confirmed reports of large quantities of money having been paid to politicians in the late 1980s when will promised legislation to shift the burden of proof be introduced given that it is not on the current list? It was promised by the Government when Deputy Charles Flanagan introduced a Bill on behalf of Fine Gael to require any person in a position of trust who received a large quantity of money from somebody with whom business was being done, to prove that it was not corrupt, to avoid a criminal offence being taken against him.
The only legislation being prepared is the standards in public office Bill which will provide for the establishment of a commission and implementation of recommendations of the Dunnes payments tribunal and any other relevant recommendations. It is due to be published in the middle of this year.
Does the Taoiseach agree—
The matter cannot be discussed now.
—that if a politician receives a large sum of money from somebody with whom he or she is doing business in an official capacity that prima facie he or she is corrupt and should have to prove he or she is not?
Statements are not in order.
When will the heads of Bille na Gaeilge be presented to the Government for approval?
Later this year, probably in the autumn.
In my constituency two young men were murdered and their bodies thrown in the canal. Another man from Basin Lane was murdered yesterday, while there was a shooting last night—
That matter was the subject of a motion on the Adjournment last night.
Does the Taoiseach intend to deliver on the Government's promise to appoint the Garda Commissioner as Accounting Officer to enable him appear before committees of the House?
Bring the Minister in.
Legislation has not been promised. It is just a proposal.
Appointing the Garda Commissioner as Accounting Officer—
The matter cannot be discussed now.
—would require a legislative act or regulatory change.
It is my understanding that legislation has not been promised.
Does the Government intend to deliver on its promise? It is like the wild west out there.
The Deputy should table a question to the Minister for Justice, Equality and Law Reform.
What are the up-to-date arrangements for permitting the DIRT report to be debated in the House?
I understand the debate is scheduled to take place before the end of this month.
(Mayo): In addition to the catalogue of violent crime outlined by Deputies Howlin and Mitchell there was a further armed robbery this morning on the Bray to Greystones road.
Do we have a Minister for Justice?
(Mayo): What is the position on the firearms Bill and the reason the Bail Bill enacted two and a half years ago following a referendum three years ago is not being implemented?
The heads of the firearms Bill are expected early this year and the Bill is due to be published in the middle of the year. The Deputy should raise the other matter by way of parliamentary question to the Minister for Justice, Equality and Law Reform.
Last week I asked the Taoiseach if he would consider bringing forward the Environmental Protection Agency Bill and the water services Bill given that legal proceedings have been commenced by the European Commission against the State for breaches of nine environmental directives. The Taoiseach undertook to discuss the matter with the Minister for the Environment and Local Government. Has the matter been considered since and can the Taoiseach indicate a more advanced publication date for these two Bill before we are embarrassed in front of the European Court?
The legislation will be brought forward as soon as possible. The heads of the Environmental Protection Agency Bill are expected next month and the Bill will be published later this year. The water services Bill which will contain more than 180 sections is scheduled to be introduced next year. The Bill is at a preliminary stage of preparation. The Minister will seek to have it advanced.
Less money on PR; more action. A sum of £600,000 has been spent so far.
Last week I asked why the new bail laws to which Deputy Higgins referred had not been introduced as promised. The Minister indicated in a coded reply that the reason they had not been introduced was that there were insufficient prison places for those charged with murder and other serious crimes. Is that true? If so it is a huge indictment of the system.
I was waiting to see if the Deputy had a question relevant to the Order of Business.
Legislation has been promised for years. The matter is relevant because many crimes are being committed by persons out on bail.
It is relevant every single day.
It is relevant to order in the country, never mind the Order of Business.
Can I have an answer to my question, please?
The question was answered last week by the Minister.
The Western Development Commission Bill was put on the Statute Book two years ago. The Government has promised to provide £25 million or £5 million per year. The Cabinet met recently in Ballaghaderreen. I described it as the Taoiseach's circus.
It is not permitted to make a statement on the Order of Business.
There are big offices, a big staff but no money. When will approval be received from Europe?
That concludes the Order of Business.