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Dáil Éireann debate -
Wednesday, 10 May 2000

Vol. 518 No. 6

Order of Business.

The Order of Business today shall be as follows: No. a19 on a Supplementary Order Paper, motion re membership of Committee on Members Interests; No. 39, Human Rights Commission Bill, 1999, Order for Report Stage and Report and Final Stages; No. 3, International Development Association (Amendment) Bill, 1999, Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that (1) No. a19 shall be decided without debate and (2) Private Members' Business which shall be No. 95, motion re non-consultant hospital doctors, shall also be taken tomorrow directly after the Order of Business and shall be brought to a conclusion after 90 minutes. Private Members' Business shall be No. 95, motion re non-consultant hospital doctors.

There are two proposals to put to the House. Is the proposal for dealing with No. a19 agreed? Agreed. Is the proposal for dealing with Private Members' Business tomorrow agreed? Agreed.

Does the Taoiseach agree, as suggested in my Standing Order 31 motion, that there is an urgent need for political leaders in the House to come to a practical and urgent agreement on the arrangements for the financing of politics and the raising of such voluntary subscriptions as may be allowed towards political activity in a fashion that will guarantee the public that everything that goes on in politics is above board and in the public interest?

To facilitate what the Taoiseach said elsewhere and in this House, and in response to Deputy Bruton, I wish to signal that, after the completion of the Order of Business, we will be moving three Bills. In Labour Party Private Members' time next week we will invite other parties to participate in what, in effect, is a Second Stage debate which provides the framework and the platform for such a discussion.

Having regard to the desirability that new regulations should be in place before the next general election and the fact that we have not seen legislation coming from the Committee on Members' Interests, to agree in principle to introduce legislation at Second Stage does not in any way pre-empt the detail of the legislation but provides a realistic framework and timetable within which the legislation could be in force before the next general election.

(Dublin West): On the same subject, a Leas-Cheann Comhairle—

Strictly speaking we are not in order.

(Dublin West): I believe we are in order.

I have allowed the leaders of the two main Opposition parties to speak on this issue. Does the Taoiseach wish to make a brief comment?

(Dublin West): Under Standing Order 56(3) I was previously ruled out of order when I called for a discussion on the—

We cannot have a debate on this issue. Does the Taoiseach wish to respond to Deputies John Bruton and Quinn who touched on legislation?

I agree with Deputies Bruton and Quinn. There is no doubt that past events which have recently come to light have undermined confidence in politics. It is our job and duty as leaders to make sure we restore that confidence. Deputy Bruton wrote to me a week ago stating that this should be done by way of constructive dialogue between the parties and I accept that view.

I also acknowledge the proposals tabled by Fine Gael and the Labour Party which have been helpful in trying to resolve this issue. The Labour Party is to move three Private Members' Bills today. We have dealt with an amount of legislation in this area but we have to make it clear that it is our determination to ensure that people's confidence in the democratic process is restored. We have worked hard across a broad front to bring about a more rigorous regulatory framework in public affairs.

Admittedly, there are other issues such as the lobbyists Bill which have not been addressed. The work of the finance and Members' interests committees in bringing forward standards in public office legislation will be available this session. Whatever deliberations we can come to in joint dialogue can be included in that Bill but some issues may not be appropriate to it.

The corruption Bill is before the House and Fine Gael and the Labour Party have also prepared corruption Bills and have issued proposals. The Government is prepared to enter into constructive dialogue with the political parties to amend existing legislation and to see what needs to be done as regards other legislation. I am happy to do so.

(Dublin West): May I ask a question, a Leas-Cheann Comhairle?

We are not having a discussion on this matter. Does the Deputy have a matter appropriate to the Order of Business? I call Deputy Quinn.

On promised legislation.

Will the Taoiseach indicate when the House will debate developments in Northern Ireland? In that context, I congratulate him and all the other negotiators in the process which has resulted in the IRA statement which seems to indicate that substantial progress can be made.

Deputy John Bruton on the same issue.

I also express my great pleasure, and that of Fine Gael, at the very important statement made by the IRA which at last indicates that it intends to take the gun out of politics definitively. I hope the executive will be set up soon, the institutions will be working again and that everyone will move forward in a spirit of co-operation and trust.

On behalf of the Green Party I thank the Taoiseach, the Government, the British Government and the parties in Northern Ireland for bringing about the breakthrough and the agreement of the IRA to end violence for all time, we hope. All Members, particularly those in the Green Party, are very grateful for that development.

I thank Members for their comments, statements and supportive remarks in recent days and since 11 February. All the parties are deliberating on what both Governments presented to them last week. I would like to think all matters are resolvable. There are some issues on which we have to be as helpful as we can to everyone. Sometimes diametrically opposing views cannot be brought together successfully but the Governments are prepared to do all they can to do so as best they can.

It may be useful to have a short debate in the House next week as the parties will consider what to do the following weekend. There are still some difficult matters to be dealt with which do not relate to decommissioning. We have to try to resolve those issues and we may have a clear view on them this day week. Until they are resolved I would still have some concern. We have made a substantial breakthrough on the issue with which we were dealing but, as always in Northern Ireland, there are other issues. Perhaps we could reflect on those issues in the House next week. The House's contribution might help to focus people on the bigger picture so that we can move on with all the institutions rather than getting caught up in what are important items. I do not say they are not important as every item is important but some are more important than others. However, we have to try to find a resolution or at least a solution, a compromise or whatever on those items.

I am not in the business of telling any person he or she does not have a point of view as that would be very wrong. We have to do our best to find an amicable solution to these issues rather than creating another dilemma.

To be helpful—

I do not want to have a discussion as questions on this issue will be taken tomorrow.

Those questions would be taken next Tuesday in the normal course of events. It would be helpful, and we would agree, to remove the questions on Northern Ireland from the Order Paper and take them next Tuesday, if we could have a debate on Tuesday afternoon.

That is a matter for the Whips.

The company law enforcement Bill is on the list of promised legislation for this session. Is the Taoiseach aware that the Minister for Enterprise, Trade and Employment, Deputy Harney, recently indicated that the new law enforcement office will have gardaí available to it to help it in its work? Will the Taoiseach take an interest in the Competition Authority and its lack of resources?

That matter is not appropriate to the Order of Business. I call Deputy Jim Higgins.

The Competition Authority is unable to carry out its work because of a lack of staff.

Deputy, please allow Deputy Jim Higgins to speak.

The Deputy is right.

Staff are leaving the Competition Authority.

The Order of Business has been very orderly to this point. I call Deputy Jim Higgins.

Will the Taoiseach examine the position in the Competition Authority?

The Minister is not doing her job.

The Bill is due this session.

(Mayo): In the past few days the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, announced that we are at last to have the long promised special drugs courts. Will legislation be required in view of the new powers that are envisaged?

I am disappointed that the list of legislation scheduled to be published between now and the summer recess makes no reference to the prisons service Bill. The Bill languishes at No. 75 on the list. This is relatively simple legislation to establish a prisons service board, parole board etc., on a statutory basis. As the Bill has been in gestation for three and a half years, why has it not received greater priority?

The Taoiseach on promised legislation.

As regards the special courts Bill and the drugs courts, a pilot study is under way following which it will be decided whether legislation is required. The heads of the prisons service Bill are due in the next few months, but the legislation will not be introduced until at least the autumn.

Yesterday, the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, promised new legislation on asylum, refugee and immigration matters. He promised that this very significant set of proposals would be included in the Illegal Immigrants (Trafficking) Bill which has already completed Committee Stage. Is this the correct way to do business? We had serious difficulties with that legislation because a raft of amendments was introduced after Second Stage. To add a further raft to it on Report Stage is a bad way to deal with legislation on this critical issue. When will we see the promised overarching immigration Bill? Will he consider allowing the new set of proposals to stand alone as a Bill rather than trying to deal with them on Report Stage, which is restrictive?

The Deputy cannot make a Second Stage speech on it.

Unfortunately, there will be no speech on it because a set of extremely important measures will be dealt with on Report Stage. It is not the way to deal with it.

In the normal course of events I would not disagree with Deputy Howlin. Of course it is always better if amendments are not introduced on Report Stage. I accept that general point.

The overarching legislation will not be available until next year.

Next year?

The measures are urgent and that is why the Minister wants to take these with the trafficking Bill. He will circulate those as soon as possible.

Will the Taoiseach accept—

The Deputy cannot ask a question if it is not appropriate to the Order of Business.

—that the complicated matter cannot be dealt with on Report Stage—

We cannot have a debate on it now. The Deputy is being disorderly.

—without Second Stage and Committee Stage? It is quite wrong on a sensitive issue.

We are talking about the Order of Business, not the content.

A Leas-Cheann Comhairle, you have primary responsibility with the Ceann Comhairle in this matter of the way legislation is dealt with in this House. It is wrong that complicated and important legislation is parachuted in at Report Stage. That is the principle on which I am asking you and the Taoiseach to reflect because this issue is of critical importance to virtually every community in Ireland.

As I stated, in the normal course of events, if it was not urgent, we would wait for the other legislation, but it is urgent, as the Minister explained. Therefore, the amendments to the trafficking legislation will be brought forward as soon as possible.

Will he recommit the Bill to Committee Stage?

In March 1999, I tabled a Private Members' Bill on adventure centres and the Government accepted the spirit and intent of the Bill. I am disappointed that it is not in place for the summer of 2000.

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

I have. It relates to proposed legislation, which the Government stated will be ready by the end of this year or possibly early next year. After over a year I am disappointed that the Government does have the legislation in place for the summer of 2000.

The Minister informs me that some of the regulations which would be necessary will be brought in for this summer. The legislation will not be in place but some of the desirable regulations for which the Deputy has been pressing will shortly be introduced in regulations.

Can he do that without the legislation?

I note that the Government proposes to introduce an airline Bill later in the summer. Will agreement be reached with the Government parties and when will that Bill come before the House? Will the Taoiseach give an undertaking that the issue of the existing inadequate Aer Lingus and Aer Rianta schemes will be resolved before the Bill is introduced?

That is not appropriate to the Order of Business.

It is an important issue.

Of course it is an important issue. Everything raised here is important but that is not appropriate to the Order of Business. As to the first question, is there promised legislation?

There is an Aer Lingus Bill due to deal with the IPO and it will come before in the House this session.

I am disappointed that the list of promised legislation states that the legislation regarding the adoption contact register is not expected before late 2000 – that means it will be at least 2001. Why has it taken so long in view of the fact that the Supreme Court case which was holding up this matter two and a half or three years ago has been out of the way for almost that period?

It is a complicated piece of legislation interpreting the Supreme Court decision on this matter.

It is not that complicated.

I am advised that to try to interpret the Supreme Court decision is extremely complicated.

I am glad he is telling the people—

Please allow the Taoiseach to reply.

Hopefully, the heads of the Bill will be due this summer.

Just the heads.

We want the body of it.

Given that journalists exposed much of the corruption in Irish political life and corrupt politicians can continue to threaten journalists with severe libel actions—

I call Deputy Olivia Mitchell. You do not have a question appropriate to the Order of Business, Deputy Gormley.

—when will the Taoiseach introduce the defamation Bill which has been promised? Does he agree that the libel laws allow corruption to continue?

Is there legislation promised?

The Bill is due in the autumn.

Does the Taoiseach not agree—

Deputy Olivia Mitchell. Deputy Gormley, resume your seat.

Why will he not introduce it before the summer recess? He does not give a damn.

How quickly is it intended to bring forward legislation to facilitate the procurement of light rail projects by public private partnerships, for instance, by bodies other than CIE in view of the urgency involved and the fact that the Government stated the intention to dismantle CIE? I understand legislation was promised.

The light rail Bill is due later this year. That is not the legislation which will look at the possible splitting up of the CIE organisation, which matter is only under discussion with the trade unions and the management.

On a number of occasions last term I asked the Taoiseach about the Whistleblowers Protection Bill, 1999, which was initiated by the Labour Party and adopted by the Government on Second Stage. It is not on the A, B or C lists and unless Committee Stage is initiated by the Government, it will not come before the House this term.

It is the Bill of which the Taoiseach is in favour.

I will check the latest infor mation on that. As I recall, the reply I gave to the Deputy was that it was scheduled for select committee but I understand the Deputy is saying that unless policy decisions are made, it will not go through the select committee.

It is before the select committee at present.

It was promised that legislation on the private security industry would be circulated by the end of the year. Considering that ten days ago a bouncer was shot dead in Dublin—

It is not appropriate to make a comment on it.

—and there is a serious problem through this city and through the country—

That does not arise on the Order of Business.

—will the Taoiseach bring forward this Bill? I asked for it a year and a half ago and I was completely ignored.

The heads of the Bill have been cleared and the Bill is being drafted. I would imagine it will be introduced in the autumn session and not before the summer recess.

The long-promised local government reform Bill was eventually published on Monday morning last. However, we all read the contents of the Bill in that morning's newspapers. As this is the second occasion on which a Bill published by the Department of the Environment and Local Government has appeared in the newspapers before it has been circulated to the Members of the House, will the Taoiseach clarify that it is the long-established practice in the House that legislation be circulated to Members before it is issued to the press? I ask the Taoiseach to impress this on the Minister for the Environment and Local Government, who on two occasions has circulated legislation in this way.

I understand that the issue was ruled on before and that it was not considered at first hand to be a breach of privilege.

(Dublin West): Will the Taoiseach request the chairman of the Flood Tribunal to make an interim report to the Oireachtas before the summer recess?

That is not appropriate to the Order of Business.

(Dublin West): The Oireachtas is entitled to make such a request under the legislation and it would be appropriate to do so.

The Deputy might find another way of raising the matter.

(Dublin West): Will the Taoiseach agree that the Prevention of Corruption Bill should be amended to require brown paper bags to carry a Government warning?

That is not appropriate to the Order of Business. Deputy Gay Mitchell.

(Interruptions).

(Dublin West): Has the Taoiseach—

That is not appropriate to the Order of Business. The Deputy is well aware of the rulings made by the Chair on matters related to the tribunals. Deputy Gay Mitchell.

(Interruptions).

I ask Deputy Higgins to resume his seat, please. Deputy Gay Mitchell is on his feet. Deputy Higgins is being disorderly.

Deputy Kenny and I introduced a Private Members' Bill to remove the ban on advertising by the Irish Catholic newspaper. I understand the ban has now been extended to the Catholic Church advertising for vocations. If this was any other newspaper or institution this House would not tolerate it. This does not respect people's freedom of expression. Will the Taoiseach confirm that the promised amendment to the Broadcasting Bill will be introduced or will he take the Bill introduced by Deputy Kenny and myself in Government time if the Government is not prepared to amend its own legislation?

Is legislation promised?

Not on the aspect to which the Deputy referred.

I wish to ask about legislation promised some time ago in relation to the Vocational Education Committee (Amendment) Bill. This would facilitate parent representation on vocational education committees. Publication of the Bill is expected in late 2000 but this will mean that parents will be excluded for one full school year from representation on vocational education committees. This is scandalous given that the Bill was promised nearly two years ago.

The text of the Bill is expected in June and it will probably be taken during the autumn session.

How does the Taoiseach pro pose to allow parents representation as promised?

That is not appropriate to the Order of Business. Item No. 16.

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