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Dáil Éireann debate -
Wednesday, 7 Jun 2000

Vol. 520 No. 4

Order of Business.

It is proposed to take No. 14, motion re Approval of Agreement between the Government of Ireland and the Government of the Republic of Hungary; No. 15, motion re Membership of Joint Committees; No. 37, Illegal Immigrants (Trafficking) Bill, 1999 – Report and Final Stages (Resumed); and No. 38, Copyright and Related Rights Bill, 1999 [Seanad] – Order for Report and Report and Final Stages. It is also proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10.30 p.m.; (2) Nos. 14 and 15 shall be decided without debate and (3) Private Members' Business, which shall be No. 94, motion re Education: Literacy and Numeracy, shall also take place tomorrow directly after the Order of Business and shall be brought to a conclusion after 90 minutes.

There are three proposals to be put to the House. Is the proposal for the late sitting agreed? Agreed.

Is the proposal for dealing with Nos. 14 and 15 agreed? Agreed.

Is the proposal for dealing with Private Members' Business tomorrow agreed? Agreed.

With regard to promised legislation, the Government is clearly contemplating a report on the housing situation it has received from Dr. Bacon and a great deal of legislation is being suggested arising from it. In addition to this legislation, will the Government accelerate its spatial development plan so that we know not just what we are going to build but, very importantly, where we are going to build it? We cannot solve the housing crisis without a spatial development plan.

The Minister for the Environment and Local Government has stressed the urgency of spatial development and has made it a priority. I understand proposals will come before Government shortly. I agree with the Deputy that it is an important issue and it is one the Government is discussing.

Has the Minister with responsibility for the Order of Business today considered, or has any member of the Government considered, the appalling situation in respect of crime across the country given that the Government campaigned under the slogan of zero tolerance? Has the Government any plans in its legislative programme to deal with what is now an extraordinary backlog of promised legislation? I refer to section C of the list of promised legislation in which 18 Bills are promised, with three on the current list. The Minister for Justice, Equality and Law Reform is floundering at a time when people are being beaten up and killed in their homes. Has this issue been discussed by Government as a matter of urgency and, while I appreciate the Minister present is not the Taoiseach, will he indicate if any emergency legislation will be enacted by the Government to deal with this unprecedented outbreak of crime?

Members will be aware that an enormous volume of legislation has been passed by the House which has greatly increased the powers of the Garda. Many Bills remain to come before the House. The Minister for Justice, Equality and Law Reform has a major programme and is progressing it urgently.

Regarding the general situation on crime, the investment and commitment—

That does not arise.

It was raised.

Yes, but it was not in order.

Would the Minister agree that the decision to abolish the Department of Equality and Law Reform has compounded—

That does not arise on the Order of Business. I call Deputy Jim Higgins.

—the legislative problem and that the promised legislation cannot be delivered because of the incompetence of the Government?

The Minister dealt with promised legislation. I call Deputy Jim Higgins.

(Mayo): Given the brutal stabbing of a baby at the weekend and the brutal beating to death of a man in County Offaly, which brings to 28 the number of people who have died in violent circumstances since the beginning of the year, which is a record, what is the status of the Prison Service Bill which has been pending since 1997 and for which there is a blueprint and a draft in the Department based on an expert review group report? It would put in place a proper prison regime to ensure that everyone convicted of violent crime would serve out their prison sentences in full and would not be allowed out on temporary or early release. What is the status of that legislation, the heads of which have been in the Department for the past three years?

I apologise. I was—

Focusing on the other report.

—on a half hour call with President Antonio Guterres on the European agenda and it went over time. I apologise. The heads of the Prison Service Bill are expected by mid-summer but it will be early next year before it is drafted. If we have the heads by mid-summer, perhaps it can be brought forward.

I accept that the Taoiseach was otherwise detained. Regarding promised legislation, does the Taoiseach agree that the Department of Justice, Equality and Law Reform is incapable of carrying out the legislative task set out for it in section C of promised legislation? Has he any plans either to change the Minister or increase the numbers of staff working on this legislation?

That does not arise on the Order of Business. I call Deputy Howlin.

The promised legislation does. We have been facilitated with published proposals for legislation.

The Minister for Education and Science has already dealt with that. I call Deputy Howlin.

Does the Taoiseach have plans to address a legislative backlog which affects every citizen in the country?

The Department of Justice, Equality and Law Reform has brought forward much more legislation than any other Department. It has had an enormous amount of Bills in every session. It endeavours as best it can to give high priority to necessary legislation. Most of the legislation which arose from the Good Friday Agreement was its responsibility. All the human rights legislation was its responsibility while, at the same time, it had to deal with a criminal justice Bill and the drug courts legislation. All this legislation has been brought forward along with the two major pieces of equality legislation. The Department of Justice, Equality and Law Reform has delivered an enormous amount of legislation. That is not to say that a huge amount of legis lation does not remain to be dealt with, but it is unfair to say the Department has not delivered the legislative programme it has been asked to do.

On the Prevention of Corruption (Amendment) Bill, I understand that the report of the commission chaired by the Leas-Cheann Comhairle has been accepted by the Government and that anti-corruption legislation is to be referred to the Law Reform Commission. Where stands the Government Bill on the prevention of corruption? A similar Bill is on the Order Paper in my name.

Second Stage of the Prevention of Corruption (Amendment) Bill is ordered to be taken in the House next week.

I call Deputy Sargent.

Does the Taoiseach accept that the amalgamation of the two Departments has not worked—

We cannot debate the matter. I call Deputy Sargent.

—given that 18 important Bills are pending in the justice area at a time of an unprecedented rise in crime?

We have already discussed that matter.

I understand the Telecommunications (Infrastructure) Bill was published on 12 March 1999 but it has yet to be seen in the House. Is there a date for any debate on that Bill as it is a long time coming and many people are interested in it?

Regarding the Irish Energy Centre Bill, while I am conscious the Taoiseach said the heads would come before Government in June, given that the Tánaiste qualifies for her pension and lump sum shortly, I am anxious it would come before an election rather than after.

The first Bill is in the Seanad and I understand the order to take Second Stage is to be made shortly. The heads of the Irish Energy Centre Bill are expected this month and the Bill will be due later this year.

Given the continuing problem of attacks in rural areas, will the Government consider introducing legislation to enable the Army to assist the Garda in patrolling—

That matter is on the Adjournment.

Yes, but I am asking a specific question. Will the Taoiseach consider having the Army assist the Garda? The Army patrols in various parts of the world—

That does not arise on the Order of Business. The Deputy should find another way of raising the matter. I call Deputy Rabbitte.

—and it should patrol our country where elderly people live in fear. Anyone who listened to the radio this afternoon on the subject of elderly people would have heard as much. Will the Taoiseach deal with the problem?

It is grossly unfair to Members who have raised the matter on the Adjournment that the Deputy should wish to debate it now.

I have asked the Taoiseach on a number of occasions about the European directive which confers certain rights on part-time workers. For example, I have a reply of 28 April from the Minister concerned to say that the Bill would be introduced by June 2000. Does the Taoiseach consider that the Bill will be enacted this term?

The heads of the protection of employees and part-time workers legislation have been approved, but I am told it will be autumn before it is enacted.

Is legislation required for the Government decision to close a number of ACC branches in Dublin city? There are further plans to close a number of them in the country following the general election.

That does not arise on the Order of Business. I call Deputy Joe Higgins.

Will the Taoiseach inform us what is the situation? It is, after all, a State bank.

Deputy Farrelly will have to find a different way of raising the matter, such as a parliamentary question or the Adjournment. I call Deputy Joe Higgins.

Surely the Taoiseach has an opinion. Was it discussed at Cabinet?

Allow Deputy Joe Higgins—

What is the Government's policy on the issue? It is a semi-State company.

(Dublin West): Given the further evidence today of the sleazy, seamy relationship between Fianna Fáil councillors and land developers which comes hard on the heels of the same situation with Fine Gael councillors, will the Taoiseach expand on his statement last week? What measures will be taken to reverse land rezonings in County Dublin which were corruptly obtained—

That does not arise on the Order of Business. The Deputy will have to find another way of raising the matter. I call Deputy Stagg.

(Dublin West): Legislation does arise on this matter.

Is legislation promised? Has the Deputy a question on promised legislation?

(Dublin West): The Taoiseach stated two weeks ago that corrupt rezonings should be reversed, legislation would be needed to achieve that.

Is legislation promised?

(Dublin West): The Taoiseach said it. Can we believe promises from the Taoiseach?

As I told the Deputy two weeks ago, if on completion of these reports these matters are proven, then we will have to do it.

Will the Taoiseach ensure that the Statute of Limitations Bill, introduced by my colleague, Deputy Jan O'Sullivan some time ago, adopted by the Government and awaited in the Seanad, will be taken on the Order of Business next week?

That is a matter for the Whips.

Despite my best efforts with the Whips—

I understand that is the case, a Leas-Cheann Comhairle.

It will be.

I alerted the Taoiseach last week to promised legislation on appeals for children with special needs, relating to under provision for their needs. It was promised by the out- going Minister on 21 January and does not seem to appear on the legislative programme. Did the Taoiseach have a chance to check whether that was an oversight and whether legislation is being prepared, because the current legislation explicitly prevents any such appeal mechanism?

I refer the Deputy to the statement made in 1998 on this matter. If he has any questions to raise, he should raise them with the Minister. The guarantees given at that stage in that statement will answer his question.

The Taoiseach is mistaken. On a point of clarification, the Education Act explicitly prevented parents of children with special needs from raising an appeal on the services with which they are provided. The out-going Minister, Deputy Micheál Martin, promised on 21 January that such an appeal mechanism would be introduced. It does not appear on the legislation programme. There needs to be legislation for this matter. Perhaps the Taoiseach's colleague, who is beside him, will clarify that legislation is in preparation and that it will in future appear on the Government programme.

I am sure if the then Minister for Education and Science said that the matter was being examined in his Department, it is.

Why is it not then on the legislative programme?

If the Deputy puts down a question to the Minister, I am sure he will answer him.

We cannot have a debate on it, Deputy Bruton.

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