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Dáil Éireann debate -
Wednesday, 8 Nov 2000

Vol. 525 No. 3

Order of Business.

The Order of Business today shall be as follows: No. 44, Wildlife (Amendment) Bill, 1999 – Order for Report Stage and Report and Final Stages; No. 45, Health Insurance (Amendment) Bill, 2000 – Second Stage (Resumed); No. 46, Industrial Relations (Amendment) Bill, 2000 – Second Stage (Resumed) and No. 47, Teaching Council Bill, 2000 – Second Stage (Resumed). Private Members' Business shall be No. 103, motion re. Sheedy case, resumed, to conclude at 8.30 p.m.

There are no proposals to be put to the House.

Will the Government bring forward legislation to reintroduce the local education boards and decentralisation of education decision making, which the rainbow coalition had put in place, in light of the damning report of excessive bureaucracy and centralisation in the Department? Senior officials are obliged to spend their time invigilating the replacement of windows in rural schools rather than making national policy. Will the Taoiseach not agree that Fianna Fáil made a grave mistake when it reversed the work of Niamh Bhreathnach in decentralising education decision making, which would have improved educational performance for everybody?

There is no such legislation planned. The Minister for Education and Science has brought forward an excellent report. What is required is management, organisation and the implementation of the report. The report highlighted practices which have existed in the Department for many years. There has to be a change to good management and organisation and the Minister will now proceed with implementation of the report.

Although the weather, mercifully, has changed and we are no longer confronted with heavy rain, people are faced with devas tation in many parts of the country. I have two simple questions for the Taoiseach, questions to which we could not get an answer yesterday. Will householders be compensated by the Government? When will they know?

As soon as the reports are in from the local authorities and the Office of Public Works and cases are made for compensation. Under the practice which has been used a number of times, the humanitarian aspects of the claims are looked at and people will be funded in the same manner as has worked successfully before through the Office of Public Works and the local authorities. With regard to when, the Government will work on the reports as soon as they arrive.

I appreciate the Taoiseach's reply. Will the Government buy space in the newspapers and other media to communicate with as much clarity as possible the answers to the questions I posed and to which the Taoiseach has given a reasonable reply?

With whom should people who believe they have a case for financial compensation address their case?

In the first instance, the Department of the Environment and Local Government through the local authorities and the Office of Public Works, the two organisations which can best make an assessment of the cases and the damage. That was the procedure used previously. We can clarify it in the next few days and, perhaps, set it out in an advertisement as was suggested by Deputy Quinn.

The Criminal Justice Act provided for the video taping of interviews conducted in Garda stations. Does the Taoiseach agree with the views expressed trenchantly by the Attorney General that the gardaí are foot dragging on this and lack the will to implement the provisions or was this another solo run by the Attorney General?

Strictly speaking, the question is not appropriate to the Order of Business.

It is appropriate to the Government.

It is appropriate to know whether legislation enacted by the Oireachtas will be implemented—

Perhaps the Deputy will pursue it in another way.

—and if the Taoiseach shares the view of the senior law officer in the land that the gardaí are foot dragging and lack the will to implement the Act. Is that the Government's view?

The question is not appropriate to the Order of Business.

I have a copy of the Taoiseach's speech to the Irish European Movement regarding enlargement of the EU. I presume there will be a substantial debate on it. Can the Taoiseach say when it will be held and will he guarantee that there will be a debate?

If there is a request for such a debate either prior to or after the Nice summit, I have no difficulty with the Whips arranging it.

I read the speech with interest. The Taoiseach referred to the lack of adequate debate which follows various speeches. This is the forum for such a debate, before Nice and perhaps afterwards. Let us see what the Taoiseach goes to Nice with and what he returns with. Let the House indicate what Members would like the Taoiseach to negotiate on behalf of the Irish people and let us then conduct an analysis of the results. The debate should consist not of a series of statements but a set of responses whereby questions can be posed in a committee format. That would facilitate the proper debate sought. I support Deputy Deasy's comments.

There are many precedents for this. I am sure Deputy Quinn would want me to do precisely what we did regarding the debate on the Amsterdam Treaty when he was in Government.

No, I want the Taoiseach to do more.

On this occasion, we have had four in-depth discussions, one of which lasted 50 minutes on Question Time. If there is a requirement to have further discussions, we can have them, but we have had a question and answer session on this matter on four occasions.

Will the Government introduce a White Paper on education in light of a startling report indicating the need to devolve power within the Department?

That matter has already been raised on the Order of Business.

Given the continuing carnage on our roads, can the Taoiseach guarantee the House that the road traffic Bill will be published before Christmas?

Yes, it will be published in this session.

As I am wearing my red tie, will the Taoiseach indicate when Santa Claus is likely to arrive in the form of the budget? On what date will the budget be introduced? The date may have been given previously? There is talk of Santa Claus arriving in the shops. Will he arrive in the Dáil soon?

It will be introduced on Wednesday, 6 December.

Will a second budget be introduced, as happened last year?

On promised legislation, three weeks ago the Taoiseach told us the Cabinet had cleared the amendments to the Children Bill. If that is the case, why have those amendments not been circulated and when are we likely to get them?

We are approaching the fourth anniversary of the second reading of the Bill.

In that context, will the Taoiseach indicate by what date the Government will be willing to take Committee Stage of the Children Bill? Will he tell the Minister of State to stop misleading the public by pretending the Bill is being debated in committee as she has continuously done in a series of interviews in recent months?

On the same issue, in view of the disturbing evidence presented yesterday by Focus Ireland at a meeting of the Committee on Justice, Equality, Defence and Women's Rights regarding the high incidence of homelessness among children who have left care and its request that amending legislation be introduced to ensure there is responsibility taken for these young people when they leave care, will the Taoiseach indicate if the Government intends to bring forward any legislation to deal with this situation, which is shocking in that up to 60% of such children end up being homeless?

In reply to the questions put by Deputy Shortall and the other Deputies, the amendments to the Children Bill have been drafted by the parliamentary counsel and are with the Bills Office. I am informed by the Department that we have instructed the Bills Office to arrange for the publication of the amendments as soon as possible, which should be later this week. The Minister of State's responsibility in this area covers the Departments of Health and Children, Education and Science and Justice, Equality and Law Reform. The Minister of State will be ready to take Committee Stage of the Bill within a week or two of the publication of the amendments. The timing of the taking of Committee Stage is in the hands of the Select Committee on Justice, Equality, Defence and Women's Rights. The select committee has written to 20 interested parties and placed an advertisement in a newspaper seeking views on the Bill. It appears the select committee intends to complete the consultative process before proceeding with Committee Stage of the Bill, although the Minister of State will be ready to take it within a fortnight.

(Mayo): On promised legislation, given that a great amount of activity is taking place in telecommunications and there is an urgent need to update the regulatory procedures, why is there is a delay in bringing forward the telecommunications regulation Bill? Why has it not been given priority?

Work on the telecommunications regulation Bill is at an advanced stage in the Department. The heads of the Bill are expected to be ready in about two weeks' time, although the Bill will not be introduced until next year.

There was confusion last week about the need to hold a referendum to ratify the Rome statute on an international criminal court. The Taoiseach has since confirmed that he accepts a constitutional amendment must be introduced. Given that this was signed two and a half years ago, will the Taoiseach indicate when such a referendum will be held? He should accept that there is a great need for us to give a lead on this and not to further delay its ratification.

A parliamentary question is tabled on this matter on the Order Paper.

It is in my name but most likely will not be reached.

We cannot say that at this stage.

It is promised legislation.

It is promised legislation.

Surely it is in order on the Order of Business to ask the Taoiseach when that legislation will be introduced and when such a referendum will be held?

It is not in order to anticipate a question to the Taoiseach on the Order Paper.

That legislation is on the Government's legislative programme.

I call Deputy Timmins.

This is promised legislation, it is number 27 on the Government legislative programme.

The legislation will be ready early next year. A referendum will have to be held. It will be held I hope some time in the first half of next year.

I raised with the Taoiseach a few weeks ago a matter relating to the town renewal Act, which was passed before the summer recess. Given that guidelines on it have not been issued to local authorities almost six months after the enactment of that legislation, it is not possible to implement it. Will the Taoiseach indicate when or if guidelines on it will be issued to local authorities to enable them to implement this legislation? The Minister for the Environment and Local Government might be able to assist him on that.

That Bill has been passed. I will refer the Deputy's question on the regulations to the Minister for the Environment and Local Government.

The consultation process on the adoption contact register Bill has been completed for many months, yet the projected date for its introduction is mid-2001. Will that date be revised, as there seems to be no reason its introduction should take so long?

The consultation process on the disabilities Bill is ongoing at present. In light of the experience regarding this Bill, I am concerned that it may be a long time before it is introduced. Will the Taoiseach indicate when he expects the disabilities Bill will be introduced, particularly given that a number of issues have arisen recently that indicate the urgent need to introduce legislation that will guarantee the rights of people with disabilities.

The heads of the adoption contact register Bill and the disabilities Bill are expected to be cleared prior to Christmas. The adoption contract register Bill will be ready nearer to the summer session. Work on the disabilities Bill is in progress. That Bill will provide a legislative basis to advance and underpin the participation of people with disabilities. I am informed that it will be a longer time before work on that legislation is complete. It will not be ready until the second half of next year.

I asked the Taoiseach yesterday about a Government proposal that we would debate a report which the Minister for Health and Children has had for some time, where children were used as guinea pigs for vaccines because they happened to be in care. I understand the report has not yet been furnished to the Opposition or published, yet the House is supposed to debate it tomorrow. When will the report be published? Can the Taoiseach assure the House it will be debated without a time limit applying and on the basis of a Government motion, which is open to amendment, rather than simply by means of statements, which allow no policy discussion to take place on any definite issue?

I understand from the Minister that the report will be published tomorrow, but it will be made available to the spokespersons today.

Are we expected to debate it on the same day it will be published?

What about the rest of us?

Copies of the report will be given to the spokespersons today. The report will be officially published tomorrow. I was asked on yesterday's Order of Business to ensure that the spokespersons receive the report today. I understand they will. The Minister for Health and Children is prepared to table a motion on Tuesday next, subject to arrangements with Whips, to refer the report to a committee for discussion. It is the Minister's intention to proceed as planned by laying the report before the Houses of the Oireachtas tomorrow followed by statements tomorrow. In his speech he will signal his intention to refer the report immediately to the Laffoy commission, as he deems it the most appropriately equipped forum to deal with any issues that may arise from the report.

Fine Gael is opposed to this report being referred to the Laffoy commission. We feel this needs to be dealt with urgently and separately. The Laffoy commission should not be used as a dumping ground for issues the Government finds too hot to handle itself.

We cannot deal with the matter now.

That commission has enough to do in dealing other aspects of children in care without having to deal with this issue separately. Will the Taoiseach assure the House that this report will be published in full and not just given to spokespersons and that the debate will not take place until such time as all Members have had an adequate opportunity to study it? It is not an adequate way to treat this House to ask Members to debate a report most of them will not have seen until the morning of the debate.

I have just said that it will be given to spokespersons today. It will not be given to everyone today. It will be given tomorrow and will be published officially.

Give it to everyone.

I also said that the Minister for Health and Children is prepared to take a motion next Tuesday, subject to the agreement of the Whips, to refer the report to the committee. However, the Minister and the Government feel the correct thing to do is to give it immediately to the Laffoy commission, which he deems the most appropriate place to investigate issues which date back to 1960 and 1961.

Who gave it to the Sunday Independent?

Has the Bill on taking over dormant accounts been approved by Government and when will it be published?

Early in the next session.

In the context of the matter raised by Deputy Bruton, does the Government intend making any decisions on foot of publication of the report on the misuse of children—

We cannot go into this detail on the Order of Business.

The Taoiseach said we will have statements tomorrow. Will we simply have statements on the existence of the report or has the Government made or does it intend to make any policy decisions arising out of that report?

On another matter, will time be made available tomorrow or next week for a statement from the Minister for Health and Children explaining how the BTSB managed to lose an accounting officer—

Statements are not in order on the Order of Business.

There is extraordinary incompetence.

The Deputy should resume his seat.

The accounting officer—

The Deputy should resume his seat. He is being quite disorderly.

There is a report in today's newspapers to the effect that this State does not intend to pursue extradition orders for people jailed for political offences in the South who have escaped to the North.

Is this appropriate to the Order of Business?

It is very appropriate because on a previous occasion I asked the Taoiseach and he responded. Does this mean the Taoiseach is now prepared to raise again with the Republican movement and the Sinn Féin leadership the expulsion orders they have maintained on people who have been illegally ordered out of Northern Ireland and will he make a statement on this?

This does not involve promised legislation.

In the context of the Northern Ireland debate and with the Chair's indulgence, he has responded on previous occasions.

That was raised by Deputy Quinn two weeks ago and I have since raised those matters with the Sinn Féin leadership and made the views of the House clear. I have stated my views many times and they have been supported by all sides of the House. I got no instant reply but I will continue to pursue this issue along with other matters I have mentioned.

No matter what the election result, there will be a change of Administration in Washington. Is the Government still persisting with its purported representations to the United States authorities that the Real IRA not be designated a terrorist organisation under US law? Is the Government seeking this and, if so, can it justify this bizarre course of action?

This question is not appropriate to the Order of Business.

If our Government is suggesting to the American Government that the Omagh bombers were not terrorists the House should be told. I am led to believe that the Government is pursuing this course of action.

The Deputy can pursue this at another time.

What is the current status of pending legislation regarding the introduction of a single regulator within the financial services industry? The Taoiseach has had two weeks to knock heads together between the Tánaiste and the Minister for Finance. Has a decision been taken by Cabinet? Has agreement been reached between the two Departments and which Minister will sponsor the legislation?

As I stated, the Minister for Finance will sponsor the legislation, but we are still reaching completion on this matter. Hopefully, we can do so as soon as possible.

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