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Dáil Éireann debate -
Tuesday, 29 May 2001

Vol. 537 No. 2

Order of Business.

The Order of Business today shall be as follows: No. 8, Motor Vehicle (Duties and Licences) Bill, 2001 – Order for Second Stage and Second Stage; and No. 46, Standards in Public Office Bill, 2000 – Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the Second Stage of No. 8 shall, if not previously concluded, be brought to a conclusion at 7.00 p.m. Private Members' business shall be No. 112, motion re Western Regional Development.

There is one proposal to put to the House. Is the proposal for dealing with No. 8, the conclusion of the Second Stage of the Motor Vehicle (Duties and Licences) Bill, 2001, agreed to?

This House has been repeatedly trying to extract from the Government a clear commitment to bring forward the Report and Final Stages of the Children Bill, 1999. Despite repeated promises from the Taoiseach and the Minister of State with responsibility for these matters, because of the inability of two Departments to agree on the text of these amendments, this Bill is still not before the House. We are opposed to the Order of Business accordingly.

My party also has serious concerns about proceeding with the Order of Business, given that the House was not given the information when an order was laid before it last Thursday, despite requests by me in relation to the potential conflict of interests of members of the Laffoy Commission. We take a very serious view of the matter.

Question put: "That the proposal for dealing with No. 8 be agreed."

Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Andrews, David.Ardagh, Seán.Brady, Johnny.Brady, Martin.Brennan, Séamus.Briscoe, Ben.Browne, John (Wexford).Byrne, Hugh.Callely, Ivor.Carey, Pat.Collins, Michael.Coughlan, Mary.Cowen, Brian.Daly, Brendan.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dennehy, John.Doherty, Seán.Ellis, John.Fleming, Seán.Flood, Chris.Foley, Denis.Fox, Mildred.Gildea, Thomas.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.Keaveney, Cecilia.Kenneally, Brendan.Killeen, Tony.

Kirk, Séamus.Kitt, Michael P.Kitt, Tom.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McGennis, Marian.McGuinness, John J.Martin, Micheál.Molloy, Robert.Moloney, John.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.O'Dea, Willie.O'Donnell, Liz.O'Donoghue, John.O'Flynn, Noel.O'Hanlon, Rory.O'Keeffe, Batt.O'Malley, Desmond.Power, Seán.Roche, Dick.Ryan, Eoin.Smith, Brendan.Smith, Michael.Wade, Eddie.Wallace, Dan.Wallace, Mary.Walsh, Joe.Woods, Michael.Wright, G. V.

Níl

Allen, Bernard.Barnes, Monica.Barrett, Seán.

Bell, Michael.Boylan, Andrew. Bradford, Paul.

Níl–continued

Broughan, Thomas P.Browne, John (Carlow-Kilkenny).Bruton, John.Burke, Liam.Burke, Ulick.Carey, Donal.Clune, Deirdre.Cosgrave, Michael.Coveney, Simon.Crawford, Seymour.Creed, Michael.Currie, Austin.D'Arcy, Michael.Deasy, Austin.Deenihan, Jimmy.Dukes, Alan.Durkan, Bernard.Farrelly, John.Gilmore, Éamon.Gregory, Tony.Higgins, Jim.Higgins, Joe.Higgins, Michael.Howlin, Brendan.McCormack, Pádraic.McDowell, Derek.McGahon, Brendan.

McGinley, Dinny.McManus, Liz.Mitchell, Gay.Mitchell, Jim.Mitchell, Olivia.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Noonan, Michael.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Owen, Nora.Penrose, William.Quinn, Ruairí.Reynolds, Gerard.Ryan, Seán.Sargent, Trevor.Shatter, Alan.Sheehan, Patrick.Shortall, Róisín.Spring, Dick.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Bradford and Stagg.
Question declared carried.

We now come to leaders' questions.

There are some contrasting images in today's newspapers. In one newspaper we see the Taoiseach and his colleagues toasting themselves with champagne in Killarney and elsewhere we see the citizens of Drumconrath in County Meath, the constituency of the Minister for the Environment and Local Government, displaying drinking water, the quality of which is so bad that one Fianna Fáil Deputy – from the same constituency as the Minister for the Environment and Local Government – compared it to a cattle dose. Given the ongoing deterioration in the quality of water in our rivers and lakes which has been highlighted in the EPA millennium report and as the Government is in flagrant breach of European Union legislation in this area, will the Taoiseach agree the time has come for the Government to take action to improve the quality of drinking water which is bad in many parts of the country?

Perhaps the Taoiseach will refer to the 14 other areas of dramatic failure for which the Minister for the Environment and Local Government is responsible in this House and indicate what action he proposes to take to deal with his 15 failures?

The Minister is working efficiently towards the implementation of the national development plan all over the country through water and sewage schemes, on which about £3 billion is being expended. Most communities are beginning to see the benefits of it and will continue to see them. Where we have been in breach of any EU directives, the Minister has clearly indicated his plans to deal with them. Up to a few years ago, there were hundreds if not thousands of applications for improved water schemes. At least we are now successfully working towards a plan to deal with those. Over the period of the national development plan, we will deal with these to the best of our ability. I am sure that the expenditure of £3 billion will improve the standard and quality of our water as well as significantly improving health and other related issues.

Based on responses to parliamentary questions, is the Taoiseach aware that the Minister for the Environment and Local Government has spent in excess of £2 million on a dozen separate public relations contracts? Is it not about time to call him in and instruct him to stop the PR—

Deputy Noonan could do with a bit of PR.

—and deliver on waste management, housing, the environment and clean water?

Deliver a Bill into this House.

Deliver a bill for £2 million.

I remind the Deputy that his question relates to water.

A Leas-Cheann Comhairle, you have the Admiral Nelson complaint. The hassle is coming from the other side of the House, so you might call on them to be orderly.

There is little chance of that.

If Deputy Noonan comes over here, I will give him a briefing.

Has the Minister any plans other than PR plans to do anything about the quality of water which his colleague in the constituency of Meath has described as being of the same quality as doses he used to give to cattle in the old days?

I will not rise to that particular bait. However, I will ask the House again to commend the Minister for the Environment and Local Government for working diligently through an enormous improvement programme relating to water, sewerage and drainage schemes that were long awaited. I know there are some court breaches and there are some difficulties in that. Deputies Noonan and Quinn will be aware of that because those cases were taken when they were in the Cabinet. The Minister, Deputy Dempsey, is now trying to deal with those issues as well.

He is doing so four years later.

(Interruptions.)

In the light of the decision of the Court of Human Rights in Strasbourg in respect of the Loughgall killings where it found that the British authorities had failed to provide an independent inquiry into the nature of those killings and so were indicted before the court and having regard to a case relating to Dean Lyons that will be highlighted this evening on the "Prime Time" programme, is the Government now convinced of the necessity to bring in legislation as a matter of urgency to provide for an independent Garda ombudsman?

Can the Taoiseach report progress on the High Court case over the Abbeylara inquiry?

The Minister for Justice, Equality and Law Reform is studying the judgment. He has already said he will make changes to the Garda Complaints Act. In relation to Loughgall, while the European Court of Human Rights did not make any statement about the circumstances, it did comment in quite critical fashion about the subsequent investigation, or lack of investigation, that it called unsatisfactory.

I made comment about Abbeylara earlier today, which I can repeat. The Government has decided that legislation may be needed and we are preparing that in draft form. However the case is in court today and we want to see the judgment from the court. As soon as we get a finding from the court we will have to see if legis lation is necessary and, if so, that will be dealt with quickly.

Would the Taoiseach agree that people in glass houses cannot afford to throw stones? The clear precedent established in the European Court's judgment with respect to the Loughgall killings makes it absolutely imperative that we move as a matter of urgency to establish a clear independent system of inquiry into Garda complaints. If we do not do so immediately, or if we are not seen to do so immediately, current and future inquires could well be subject to the same legal challenge that people in Northern Ireland brought in Strasbourg against the British Government in relation to the method of inquiry and the manifest lack of independence. Before a similar case is initiated in this country, it behoves us now to clearly indicate that we intend not to amend the existing legislation but to bring forward clear new proposals that would put the independence of any such Garda appeals system beyond any doubt.

I note what Deputy Quinn is saying; he has stated this before. I would not like to think that the remedies here would be the same as in Northern Ireland. In the case of Abbeylara or anywhere else, I do not think there has been any lack of action by the Garda. Admittedly it is not an ombudsman—

They are investigating themselves.

Their practice has been to take a senior officer from another unit and district to investigate the matters. Perhaps that is not satisfactory and the Minister for Justice, Equality and Law Reform has indicated that a level of independence is required. He has said that he will examine the recent judgment and also the case for having an inspectorate to deal with these issues. I hope he will soon bring forward his proposals.

We now move on to the Order of Business proper.

Would the Taoiseach accept that so far the debate on the Water Services Bill has been on supply rather than conservation measures? Will this Bill redress that balance?

I suggest that the Deputy put a question down.

I can do that. I want to also ask about the greater Dublin area land use and transport authority Bill. This is the responsibility of the same Minister and publication is expected in early 2002. Does the Taoiseach accept that that would need to be fast tracked given the chaos in Dublin and the difficulties in outer suburban areas where car parking at train stations is causing chaos?

The water services Bill is to consolidate and update the water services legislation. The heads of the Bill are expected this summer but the legislation will not be available until next year. When the greater Dublin area land use and transport authority Bill was launched about two months ago it was stated that there would be a period for public consultation. That period is nearly over at which point the Minister will start to draft the Bill.

On Thursday last an order was made before this House and I asked the Minister a question in relation to a potential conflict of interest concerning two members of the Laffoy Commission. The order for the Health Insurance Bill is before the Dáil. I have no wish to disrupt or delay the passage of that legislation. If the Minister will not make a statement in the House, will he ask the chairman of the Laffoy Commission to appear before the Joint Committee on Health and Children to explain why two members of the commission—

Deputy Mitchell is out of order. I ask the Deputy to resume his seat.

(Interruptions.)

On long promised legislation, I ask the Taoiseach to say when the Minister for Health and Children will introduce legislation on mandatory reporting of child abuse.

I understand that legislation is in preparation in the Department of Health and Children, although it is not on the list which I have before me. I shall communicate with the Deputy.

The Human Rights Commission Bill is on the Order Paper for this session. It purports to establish, in Irish law, the European Convention on Human Rights and to address defects in the existing Human Rights Commission Act. The Minister indicated yesterday that he is thinking of splitting up those two objectives because he cannot get the full Bill through the House this session. Can I ask the Taoiseach if there will be a short Bill simply to put the Human Rights Commission on a proper statutory basis? I assure him that if such a short Bill is introduced, my party will facilitate its expeditious passage so that the commission can get on with its good work.

I appreciate the Deputy's offer. The Minister is concerned that, within the time available in this session, we will not get the legislation through. Accordingly, he is preparing a short Bill which he will move if it seems unlikely that we will get the entire Bill through.

Media reports have suggested that the Minister for the Environment and Local Government intends to have all 241 sections of the Local Government Bill enacted before the summer. Does this mean that that Bill has replaced the Waste Management Bill in the Minister's order of priorities? Could the Taoiseach indicate when either Bill will be taken in the House?

The Waste Management Bill is scheduled for the week after next. Hopefully, the Second Stage of the Local Government Bill, which commenced in the House over two months ago, can be resumed after the referenda.

Are the Independents on board?

I wish to raise two topics. Will the Taoiseach revise the mechanisms being used by the Department of Agriculture, Food and Rural Development on movement permits in relation to shearing? On promised legislation, when will the Land Commission Bill come before the House? There is a great deal of red tape, long delays and staff shortage, all of which is causing huge problems for many farmers.

The heads of the Bill were approved in February and the Bill is due this summer.

Earlier in this session the Taoiseach stated that the resumed Second Stage of the Local Government Bill would be in the House before the end of May. That is obviously not now going to happen. Is it the Government's intention to have the Bill enacted before the end of this session? If so, what is the timetable for it? With regard to the Electoral Bill which is currently before the Seanad, when does the Minister for the Environment and Local Government intend to publish the amendments which he promised with a view to limiting corporate donations to political parties?

The Local Government Bill, which has already started in the House, is due to resume after next week and hopefully it can be passed in this session.

When will the Committee Stage of the Bill on the protection of part-time workers be taken? A large number of part-time teachers—

I ask Deputies to be brief. There are several Deputies offering and I would like to facilitate as many as possible.

The Bill is at Committee Stage. It is a matter of getting a committee slot for it. I agree with the Deputy on moving it along. We can ask the committee chairperson to try to fit it in.

I refer to No. 23 on the Order Paper. When the Taoiseach took his Government colleagues to Killarney yesterday on their short summer break, was the £2 million announced for the Minister for Tourism, Sport and Recreation a consolation prize for what was dropped—

That does not arise on the Order of Business.

Will there be a Supplementary Estimate for that £2 million, or is it included in the £215 million for tourism and sport under Vote 35 on the Order Paper?

That will be dealt with under the Estimates procedure. The £2 million is part of an extra £66 million which the Minister is providing for tourism marketing purposes.

(Dublin West): The Government has decided to sell another valuable State asset to a multinational, namely, the Irish National Petroleum Corporation. As if the sight of the vultures circling around Eircom, which the Government—

Has the Deputy a question on legislation?

(Dublin West): When will the Irish National Petroleum Corporation Bill be brought forward?

I answered that question last week. The Bill was cleared yesterday and hopefully it will be passed before the summer. It is a very short Bill, with only six sections.

When will the veterinary medicines Bill be introduced?

The heads of the Bill are expected next month and it is due to be introduced in the autumn.

(Mayo): The Aer Lingus Bill was passed by the Seanad 13 months ago and was then grounded because of the industrial relations problems in Aer Lingus. The Minister for Public Enterprise recently informed me that £700,000 had been spent on consultancy advice in relation to the IPO. Can I ask the Taoiseach if the Bill has been abandoned or if the IPO will go ahead? Will the Bill be brought before the House?

The Bill is awaiting Second Stage. I do not expect it to be taken for some time, but it remains listed for Second Stage.

I refer to a statement, which no doubt the Taoiseach will have received, that the Minister for Health and Children either consciously or unconsciously misled the House in relation to a very seriously ill cancer patient. Will the Taoiseach ensure that the record of the House is put right? In reply to a parliamentary question, the Minister indicated that a Ms Jeanette Byrne had asked for her treatment to be deferred. That is simply not the case. This woman was denied treatment. It is important that the record of the House is corrected. Is the Taoiseach willing to address this issue in the interest of this patient who has been very badly treated?

On promised legislation, the Tánaiste stated recently, in response to an OECD report – I am not sure if she had Cabinet approval – that she would address the issue of regulating pharmacies and that she expected deregulation to occur by the end of this year. Has this matter been approved by the Government? The Government's legislative programme lists the pharmacy Bill for next year. Was this a solo run by the Tánaiste or does the Government intend to deregulate pharmacies?

The heads of the pharmacy Bill are expected later this year; the Bill is unlikely to be ready this year. Did you rule the other matter in order, a Leas-Cheann Comhairle?

It is not appropriate to the Order of Business.

Perhaps I can take it up with the Deputy.

I appreciate the difficulty with the other matter. The Tánaiste is on public record as stating that she expects the deregulation of pharmacies to be dealt with by the end of this year. This has huge implications and I would like to ask—

We cannot have a debate on it. I suggest that the Deputy submits a question.

Will there be fresh legislation prior to the end of this year?

The pharmacy Bill was to update and rationalise the Pharmacy Acts. If other legislation, following on from the OECD report, is necessary, it will be taken separately. The pharmacy Bill updates all the Acts since 1875 and is not appropriate for the relatively short deregulation matter in the OECD report.

When will the digital media development Bill, in the Taoiseach's own Department, be published?

The heads of the Bill are drafted and I hope the legislation will be ready soon. It is being brought forward by the Department of Public Enterprise.

The Taoiseach stated that the Waste Management (Amendment) Bill would be in the House the week after next. Can he ensure that there will be enough time for full debate because it generates interest in many areas? I hope there will be full debate and that it will not be restricted.

The Bill is to consolidate and update legislation. It has 180 heads and adequate time must be made available.

Could the Civil Service Regulation (Amendment) Bill to update recruitment legislation be speeded up in view of the shortages in the public service? A constituent of mine was informed recently—

We cannot have a statement on it. On promised legislation—

I just want to make a point. A constituent was informed that an application to An Bord Pleanála, lodged in January, for the extension to a house will not be dealt with until the 18 August—

Deputy Barrett has asked his question.

—eight months after—

The Deputy is being disorderly. We must move on to the Order of Business. It is after five o'clock.

It is disgraceful.

The Deputy must find another way to raise it.

Scandalous.

The Civil Service Regulation (Amendment) Bill is to update the 1956 regulations and to deal with the provisions of the Public Service Management Bill. The heads will be ready in the autumn. There is still work to be done on it.

There is a huge shortage.

What is the timeframe on the national consolidated monuments Bill? I tried to ask the Taoiseach a question a couple of weeks ago about the destruction of one of those monuments, the Asgard

The Deputy must ask a question on promised legislation.

The Taoiseach overruled the Minister, Deputy de Valera, and—

Please, Deputy, on promised legislation.

This is an important Dublin monument. Will the Taoiseach review it?

The Bill will be introduced next year.

What about using the guillotine?

When will the Government publish the long promised legislation to pay compensation to victims of child abuse? When will it publish legislation to amend the provision in the statute of limitation legislation requiring that any claims out of time, and allowed under that legislation, be made by 20 June?

It is hoped to present the legislation early in June.

Mr. Coveney

Will the Taoiseach respond to the fact that young heroin addicts in Dublin are shooting up on Dublin buses, leaving dirty needles and blood stained cloths behind them? Does he plan to introduce legislation through the Criminal Justice (Miscellaneous Provisions) Bill to increase security on public transport to protect drivers and passengers?

There is legislation covering the issues raised by the Deputy. The Criminal Justice (Miscellaneous Provisions) Bill's heads are expected shortly, but the Bill will not be ready until next year.

Last Thursday week we unknowingly approved an order in the House which put two members of the Laffoy Commission into conflict—

The Deputy raised this matter on the Order of Business and by way of Standing Order 31.

I will raise it again tomorrow. The Taoiseach should have told this House. It is outrageous.

The Deputy is disorderly.

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