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Dáil Éireann debate -
Tuesday, 17 Oct 2000

Vol. 524 No. 2

Order of Business.

The Order of Business today shall be as follows: No. 41, National Treasury Management Agency (Amendment) Bill – Second Stage (resumed) and No. 8, Nitrigin Éireann Teoranta Bill – Order for Second Stage and Second Stage. Private Members' business shall be No. 100, motion re the Omagh bombing.

There are no proposals to be put to the House.

Does the Taoiseach share the public concern that the two tribunals appointed by this House are being systematically slowed down in their work by persons whose names I need not mention? Is he concerned that there might be a crisis of public confidence in this instrument of investigation if this slowing down of the tribunal process is to continue?

This House set up the tribunals to do a job and I hope they can do it as soon as possible. Any co-operation we can give, we should give it. However, people can put forward their cases in other ways too.

My question is on the same topic. Will the Taoiseach agree that Members on all sides of the House would like to ensure, without in any way interfering with the work of the tribunal, that that work is expedited as quickly as possible? Has the Taoiseach asked the Attorney General to communicate with the sole member in each case to see what way the work of the tribunal can be expedited to give effect to the wishes of this House and, by extension, the wishes of the public?

If the House wishes, I will do so. I have, however, refrained at all times from interfering with the sole members of either tribunal or any other tribunals. If I were to do so, or if someone were to do so on my behalf, it would be wrongly interpreted. If the House asks me to do otherwise, I will do so.

Deputy Quinn, I do not wish to have a debate on this issue because there is a long-standing ruling of the Chair that the fact that a tribunal was established by a resolution of the House does not give the House a right to attempt to interfere in any way in its proceedings. The resolution of this House establishing the tribunal was in pursuant of statute of Tribunal of Inquiry Acts whereby the judicial proceedings and the conduct of the hearings held thereunder are clearly the sole responsibility of its judicial chairman.

That is completely accepted. Will the Taoiseach ask the Attorney General to keep a watching brief on the legal developments in regard to the position of tribunals so that the House can, with the Government's recommendation, act quickly to remedy any difficulties that may arise in view of the fact that tribunals are very important to this democracy.

I must repeat again that the House does not have a right to interfere in any way with the proceedings of a tribunal. The Chair has ruled here on a number of occasions that issues currently before a tribunal are not a matter for the Order of Business.

Will the Leas-Cheann Comhairle accept that on previous occasions the sole member has come back to this House via the Attorney General seeking clarification and extension of the terms of reference?

That is a matter for the sole members.

In view of the concern which is widespread, there is no way what I am saying would be subsequently construed as the Taoiseach interfering with the resolution or internal workings of the tribunal. I am simply offering him a mechanism whereby he could consider in a constructive way my proposal, endorsed by Deputy Bruton, to see if matters can be expedited. Every Member of this House wishes to see the satisfactory completion of the work of the tribunal without interfering with how it does its business.

As I have ruled, it is not a matter for the Order of Business. I call Deputy Stagg.

On a point of order, we introduced Standing Order 56 specifically to overrule the rulings of the Chair to which the Leas-Cheann Comhairle is now referring. This was introduced specifically to allow this House debate matters that were before tribunals before they came to court. The Standing Order was introduced specifically in 1996 to stop the precedent the Leas-Cheann Comhairle is now quoting. I have written to his office on that matter.

The ruling I have just read takes account of that.

I do not accept it does.

The Deputy must get in touch with the Ceann Comhairle's office if he wishes to discuss the matter. I call Deputy Joe Higgins on a different matter.

(Dublin West): In recent days there has been another leak, presumably from security sources, concerning the tragic death of John Carthy to the effect that the FBI advised that the fatal shots should have been fired earlier.

The matter is not appropriate to the Order of Business.

(Dublin West): It is. During the last Dáil session the Tánaiste condemned such leaks from privileged sources. There were many condemnations and calls in this House for the official report into that tragic event to be published, laid before the Dáil and discussed. The Tánaiste stated last week on the Order of Business that the Minister for Justice, Equality and Law Reform would talk to the Attorney General about arrangements to deal with this issue. In the interests of the Carthy family—

We cannot have a speech on this issue.

(Dublin West): Will the report be published and laid before the Dáil and will there be an opportunity to discuss its implications and recommendations in order to avoid any such tragedy in the future?

I understand the Minister will have these discussions and that he will publish the report as soon as possible.

(Interruptions.)

Deputy Higgins, the matter does not arise on the Order of Business. I call Deputy Noonan.

Is the Taoiseach concerned at the CSO figures which indicate that inflation is still at 6.2%, three times the European average, that wage increases and social welfare increases—

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

Will the Taoiseach introduce legislation to restore the value of wage increases and social welfare increases granted under the Programme for Prosperity and Fairness?

That issue does not arise on the Order of Business.

It would be normal for the Taoiseach to comment on the matter. The Central Statistics Office comes under his Department.

Not on the Order of Business. The Deputy must find another way to submit a parliamentary question. This is not appropriate to the Order of Business. I call Deputy Gilmore.

(Interruptions.)

Has the Taoiseach an answer?

Deputy Noonan, please. I call Deputy Gilmore.

(Interruptions.)

Deputy Noonan, please, the Chair is on its feet. I ask the Deputy to resume his seat.

(Interruptions.)

Does Deputy Noonan wish to leave the House?

When will the Road Traffic Bill be published? In light of last Friday's judgment in the High Court, which has blown the Government's policy on taxis out of the water, does the Government intend introducing, either in the context of the Road Traffic Bill or by some other means, legislative measures to ensure the people of this city can get taxis when they need them?

The first part of the question is in order.

The Road Traffic Bill will be published during this session.

On the Juvenile Justice Bill, does the Taoiseach agree it is shameful to read in the newspapers today that a justice of the High Court has remarked on the failure of Government to deal with young people who are disruptive? When will Report Stage of the Bill be taken in this House so that the shambolic handling of a crucial issue in this city is properly dealt with and resolved?

I understand the Bill will come to the House for Report Stage shortly.

When commenting last Thursday morning on the 1947 Locke's Distillery tribunal, Deputy Bruton said the inquiry was about the occupant of the Taoiseach's office receiving a watch.

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

Does Deputy Bruton wish to correct the record? The allegation is without substance.

(Interruptions.)

Deputy Power, that issue does not arise on the Order of Business. The Deputy will have to find another way of raising the issue. I call Deputy Howlin.

(Interruptions.)

I ask Deputy Power to resume his seat. I call Deputy Howlin.

Deputy Bruton should correct the record.

The green card is being played.

I call Deputy Howlin.

Some time ago the Government voted down a Fine Gael Private Members' Bill to regulate the private security services. The A list for this session included the Government's Bill which has been promised for a considerable period. When will the Bill be published and what is the indicative timeframe for its enactment?

I understand the Bill will be published during this session.

In relation to the Health (Miscellaneous Provisions) Bill, is the Taoiseach aware that the meningitis C vaccine is scarce and the flu vaccine is not available to doctors throughout the country?

That issue does not arise on the Order of Business.

You are quite right, a Leas-Cheann Comhairle. As a doctor you know that it does not arise, because it cannot be found. Will the Taoiseach arrange for the Health (Miscellaneous Provisions) Bill, 2000, to be brought before the House so that the absurdity of doctors not having a vaccine while an advertising campaign for it is under way, can be addressed ?

It was published on 18 April.

I know that.

The question you asked—

When will it come before the House? I want an opportunity to debate this absurdity. We are advertising on the radio and there is no vaccine.

When will the Bill come before the House?

Whenever the Whips schedule it.

As was mentioned, the latest CSO inflation figures give urgency to certain promised legislation, particularly as high energy prices have continued to push up inflation throughout the European Union.

Deputy Noonan asked a similar question and I ruled it out.

I am asking about legislation such as the Irish energy centre Bill. It is not major legislation but it has been pushed back to 1999, 2000 and now 2001. Will the Taoiseach take into account that inflation figures will continue to rise if something—

Deputy Sargent, I have already ruled that out of order. I call Deputy Quinn.

I asked about the Irish energy centre Bill.

It will be published early next year.

When you bury it in a Second Stage speech, it is hard for the Chair to know there is a question.

My question was not answered, a Leas-Cheann Comhairle.

It will be published early next year.

In view of the acute sensitivity of the talks in Northern Ireland, will the Taoiseach give a concise and precise indication when the domestic Bill to establish the human rights commission as part and parcel of the Good Friday Agreement will be published? When is it hoped to have it debated?

I would prefer to get an update for the Deputy to give him the exact date.

Does the Taoiseach agree that he undertook along with the Prime Minister Mr. Blair to have the necessary legislation in place by 2 October? Does he further agree that the British have met their part of the bargain and that the commission is up and running in the United Kingdom and Northern Ireland but is not yet here?

The human rights legislation incorporating the European Convention will be introduced this session. However, as the Deputy knows, a number of Acts are involved and when the legislation has been drafted the interview process will go ahead at the same time. I can get the Deputy exact dates but it should be introduced shortly – a few months.

I thank the Taoiseach.

Will the Taoiseach make time available for him or an appropriate Minister to report to the House on the talks under way to review the PPF so that the consequences of inflation—

That does not arise on the Order of Business.

We allocate time for debates on the Order of Business. I am asking the Taoiseach to provide time—

That is a matter for the Whips. If Members were permitted to ask for time on issues, every Member would do so.

I am asking whether the Taoiseach will provide time on this crucial issue.

It is a matter for the Whips to decide.

Last week on promised legislation the Taoiseach informed us that the two year dispute between the Tánaiste and the Minister for Finance concerning the regulation of the financial services industry had been resolved and that the Government had agreed to publish legislation. When will this legislation be published?

As I said last week I hope to have that Bill before the House as soon as possible.

The Taoiseach said this session.

Given the recent judgment on taxis and pending clarification on it, does the Government intend to return power to Dublin Corporation to issue licences so that taxis will be back on the streets by Christmas? It is a matter of considerable urgency.

That requires amending legislation.

Deputy Mitchell, perhaps you could submit a parliamentary question or raise the issue on the Adjournment.

Does the Taoiseach believe that Dublin taxi drivers will advertise the names of Deputy Callely and other Fianna Fáil candidates—

The northside sings.

Deputy, I have already ruled that question out of order. I call Deputy Stanton.

Will a new pharmacy Bill and a new veterinary Bill be introduced?

Is legislation promised?

Yes, the pharmacy Bill will not be published until next year. The Veterinary Bill will also be published next year.

A great deal will happen next year.

I refer to the language equality Bill, which is described enigmatically in the Government's legislation programme as being published "not before mid-2001". Given that more than 20 Bills are promised for June 2001, is there any chance this Bill will be before us in our lifetime?

The good news for the Deputy is that the heads of bille na Gaeilge, as he likes to call it, will I hope, be cleared next month. That will allow the drafting of the legislation to proceed.

Is it in order to congratulate the Government on finally getting the European Investment Bank to accept its nominees for the post of vice-president? It was a great campaign.

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