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Dáil Éireann debate -
Wednesday, 7 Feb 2001

Vol. 530 No. 1

Order of Business.

The Order of Business today shall be as follows: No. 49, Customs and Excise (Mutual Assistance) Bill, 2000 – Order for Report and Report and Final Stages; No. 48, Aviation Regulation Bill, 2000 [Seanad] – Order for Report and Report and Final Stages: No. 5, Carer's Leave Bill, 2000 – Order for Second Stage and Second Stage; No. 50, Sex Offenders Bill, 2000 – Order for Report and Report and final Stages; No. 1, Dumping at Sea (Amendment) Bill, 2000 [Seanad] – Second Stage. Private Members' business shall be No. 108, Motion re Code of Conduct for Members of Dáil Éireann (resumed), to conclude at 8.30 p.m. today.

There are no proposals to be put to the House. We will go immediately to the relevant questions on the Order of Business.

No. 127 on the D list of pending legislation is the Aer Lingus 2000 Bill. When is that Bill likely to be introduced in the House? Is the Taoiseach aware that, pending this legislation, cabin crew in Aer Lingus are on strike today and have threatened at least two more days of strike, which will bring all Aer Lingus flights to a standstill, thereby damaging the economic well-being of the country, and the needs of commuters and air passengers to and from the country? We have been put off again and again in relation to this Bill. What is the Government's intention in regard to this legislation? Perhaps in relation to the Aviation Regulation Bill, which has been ordered for today, the relevant Minister will take the opportunity to make a statement about what the Government intends to do to ensure that Aer Lingus staff can return to work with a decent wage?

This matter was the subject of a Private Notice Question yesterday.

On the legislation, a tentative date for the Bill to be taken in the House is during the first week in March. I agree with what was stated yesterday by Deputy Jacob on this issue.

In respect of legislation to be published in this session, which Minister will introduce the Agricultural Appeals Office Bill? Does the Taoiseach still have full confidence in the Minister of State with responsibility for food quality, Deputy Ned O'Keeffe?

The Minister for Agriculture, Food and Rural Development will take that Bill tomorrow in the Seanad.

On the Sunday before the Dáil resumed, the Taoiseach indicated there would be changes in the portfolios of Ministers of State. Will that announcement affect the introduction of this legislation and does the Taoiseach still have full confidence in the Minister of State with responsibility for food quality, Deputy O'Keeffe?

The Minister for Agriculture, Food and Rural Development will take the Bill. My comment that I was looking at some of these matters is still relevant.

The Minister of State has not been in the House since the Dáil resumed. Is he all right?

That is not relevant to the Order of Business.

It might be very relevant to the Minister of State.

The Taoiseach's silence speaks volumes.

Perhaps the Minister of State has been told to stay quiet so that nobody can ask him difficult questions.

From the silence, we assume there is no confidence in the Minister of State.

With regard to legislation No. 110 on section C of the Government's list, Campus Stadium Ireland Bill, in view of the damning report issued by consultants that the Government is criticised for overspending on capital programmes on sport and not dealing with sport and the provision of services throughout the country, when does the Taoiseach propose to introduce that legislation and does he propose to make changes to it now that he has been so heavily criticised by this group set up by the Minister of State, Deputy McDaid?

The legislation is due to be ready in the middle of the year. I hold the view I have held for many years that this country spends far too little money on sport, but thankfully spending has been increased very dramatically in recent years.

On promised legislation, will a provision for taxation on plastic bags be included in the Finance Bill? As the Taoiseach said it would and the Minister for the Environment and Local Government said it would not, can we find out who is telling the truth?

Will legislation on an international criminal court be published in mid 2001? If so, will that be a quick turnaround in terms of legislation if a referendum is held in May or is the Taoiseach considering holding a single referendum or multiple referenda and, if so, how will the referendum commission deal with the holding of multiple referenda?

Subject to correction, the Finance Bill is to be published on Thursday week, on 15 February. I said at the time that such a provision would be included in the Finance Bill or in another relevant Bill, if the Minister for the Environment and Local Government has such a Bill to introduce.

I asked the Department of Foreign Affairs this week to bring forward legislation on an international criminal court as quickly as possible so that it would allow the referendum Bill to be taken.

Is the Taoiseach aware that the Bon Secours Hospital in Tuam is officially due to close in two months' time.

The Deputy should raise that matter in another way. There is a provision to raise that matter in accordance with Standing Orders, but it is not in order now on the Order of Business. I appeal to the Deputy to be orderly.

The Chair is not interested in that matter.

A Cheann Comhairle, maidir le reachtaíocht atá geallta, ba mhaith liom cheist a chur ar an Taoiseach i leith Bille na Gaeilge. Tá sé liosta le 73 Bille eile, ach cheap mé go ndúirt an Taoiseach go raibh cinn teideal an reachtaíocht sin aontaithe ag an Rialtas. An bhfuil sé fíor go bhfuil na cinn teideal glactha ag an Rialtas? Nó an bhfuil gach cosúlacht ar an sceál nach mbeidh an reachtaíocht i gcríoch sular gcríochnódh an Dáil seo?

The heads of the Bill are expected to be ready very soon and, as I said last week, the Bill will be before the House late this year.

So that is the end of it.

That is the answer I gave last week. I will check for the Deputy when exactly that will be.

Does the Taoiseach plan to introduce any changes in legislation in light of the Ombudsman's report on nursing home subventions in which he effectively tells the Dáil the integrity of this system of supervising Government in this House is breaking down? Does the Taoiseach intend to introduce legislation or have a special debate in the House so that the very fundamental issues in that report can be addressed?

That is probably a more appropriate matter for a parliamentary question. Is legislation promised in this area?

The report is to come before the House next week to be referred to a committee and the Minister will outline then what it is necessary to do.

On the same matter, did the Taoiseach hear expert opinion last Sunday on this issue say that these scandals would not have arisen if there was whistleblowing legislation in place? Has the Government decided to kill off the Labour Party Bill, which was accepted on Second Stage? If not, and it is permitted to proceed to committee, which Minister will handle it?

I understand the Bill is still before a committee. It is not intended to kill it off. There is a commitment to introduce whistleblower's legislation and the Minister of State, Deputy Kitt, is dealing with it. He hopes to prepare a Bill, but I am sure he will use any good information from the Deputy's Bill.

So the Government has decided to kill it off.

(Mayo): On promised legislation, the rail safety programme for 28 mainline stations, Sligo, Galway, Limerick and Tralee, has been suspended because of the mini CTC scandal. Furthermore, an internal memorandum in the Department of Public Enterprise complains at the failure of Iarnród Éireann to respond to queries from the railway inspectorate. In light of those two important developments and the implications for rail safety, why has the rail safety Bill been relegated to section C, no. 106 and been left languishing at the bottom of priorities? Why has greater importance not been given to it? Why has it not been front loaded to be part of the legislative programme for the spring session?

The heads of the Bill are expected to be ready in the spring session. It will be the summer or into the autumn before the Bill is ready. Work is progressing in the Department. As the Deputy said, the Bill is to put in place provisions relating to rail safety and the powers of the railway inspecting officer, an area in which an amount of resources are being spent. The Bill is listed to be ready in the middle of the year and the heads of it are to be cleared this month.

(Mayo): Iarnród Éireann is thumbing its nose at the inspectorate at present.

It is clear the scandals associated with organ retention in British hospitals and here are having an impact on organ donations, which in turn can lead to people dying rather than being able to avail of medical treatment. The Taoiseach has promised that a Bill relating to the handling of human tissue is being examined. Will he fast-track that Bill and give us some idea when it will be published and passed through this House, as it is vital people are reassured that the management of organs is done legally and properly. In that way we can ensure that, for instance, the life of the young baby currently in need of an organ donation can be saved. Legislation is an important part of building assurance in the public consciousness on the issue of organ retention.

As I said in reply to the Deputy last week, this is an urgent matter. It has arisen over a period. The Minister informed me that it will require legislative proposals and that a steering group is being set up to prepare those proposals. The Minister hopes they will be ready as quickly as possible, certainly during the course of this year.

Due to a shortage in the supply of blood, 35 procedures were cancelled at University College Hospital Galway last week. Given the failure of the Blood Transfusion Services Board through lack of staff—

A question on legislation.

—to avail of blood donors in Loughrea during the week, how is the Minister going to deal—

The Deputy knows there are many ways in which that matter can be raised in accordance with Standing Orders.

Is legislation required?

The Deputy can raise this matter by way of a parliamentary question.

There is a crisis in the health services and nobody is doing anything about it.

(Dublin West): Now that a war criminal has become Prime Minister of Israel, will the Government urge the EU to exercise the same boycott as deployed against President Milosevic in Serbia?

That is not a matter for the Order of Business.

Last year the Oireachtas passed the Human Rights Commission Act. At the time the Government voted down a Labour Party amendment incorporating a European convention into the Act. We now have on the published list a separate measure to incorporate the human rights commission into Irish law and I understand it is to be used as a vehicle to amend the Bill we enacted last year. When will the Human Rights (Incorporation of European Convention) Bill be taken and is it envisaged that that will be the vehicle to amend the Human Rights Commission Act to expand the legal membership of the commission?

The answer to the first question is "this session". The incorporation Act will be taken shortly. I answered questions on the second matter last week, when the Minister for Justice, Equality and Law Reform informed me that he would deal with this in the next available Bill. Since that Bill is to be taken in this session I assume that to be the case.

Is legislation necessary to allow the Minister for Health and Children to provide the necessary insurance cover for the maternity unit in Monaghan at the end of this month when that insurance cover—

That question is not in order on the Order of Business.

It is very important and is in order for the people of Monaghan.

When it is important it should be raised in accordance with Standing Orders. That is the proper way to raise important matters.

In relation to the Electoral Amendment) (Donations to Parties and Candidates) Bill, why is the Minister for the Environment and Local Government blocking Committee Stage of this Bill? Has the Government made a decision that Committee Stage should not proceed?

The Chair issued a letter about that last week.

I am asking a question about the Government's position regarding Committee Stage of the Bill. Is the Government prepared to proceed with Committee Stage of the Bill? That is all I want to know.

I understand the Minister has published his own Bill, so obviously that is the Bill that is being taken.

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