The Order of Business today shall be as follows: No. 49 – Ordnance Survey Ireland Bill, 2001 [Seanad] – Second Stage (resumed); No. 7 – Heritage Fund Bill, 2001 – Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Private Members' Business shall be No. 73 – Disability Commissioner (No. 2) Bill, 2001 – Second Stage and the proceedings on the Second Stage thereof shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday 10 October 2001.
Order of Business.
There is one proposal to put to the House. Is the proposal for dealing with Private Members' Business agreed? Agreed. We now move to leaders' questions.
Now that military action has commenced against the Taliban regime in Afghanistan, what commitment has the Taoiseach given to the United States government in respect of the use of airport facilities in Ireland? Has his offer been taken up by the United States government? What other assistance has the Government agreed to?
Will the Taoiseach comment, for the information of the House, on reports that three Libyan nationals and one Algerian national were arrested this morning under the Offences Against the State Act, are being detained in connection with explosives charges, and that detectives suspect that the four are part of a support group connected with Mr. bin Laden, and that they were involved with the provision of cash and documents in this jurisdiction to assist international terrorism? It is important – if media reports are correct – that this matter be confirmed and that the Taoiseach gives all information in his possession to the House. If on the other hand the reports are not correct, it is very important that fears are allayed.
Will the Government consider using its position as chair of the UN Security Council to convene a meeting of all major aid donors and aid agencies involved in providing humanitarian aid to Afghanistan and surrounding countries which have received so many refugees? This would ensure that any action sanctioned by the United Nations Security Council resolution in no way impedes the delivery of essential humanitarian aid, or provides and produces new impediments to the delivery of that non-discriminatory aid?
We are one of 40 countries that have offered overflight and refuelling facilities to states which have forces engaged in bringing to justice those who carried out or assisted in the recent attacks on the United States, and are seeking to prevent further such attacks.
(Dublin West): Does that include the four UN workers killed in last night's bombing?
The offer to the US was formally conveyed by the Minister for Foreign Affairs to the US Secretary of State during their meeting in Washington on 26 September last. The number of overflights by US aircraft, as reported by Shannon Airport air traffic control, has increased to some degree, but to date only one military-type aircraft has asked to use the facilities. To facilitate where possible will continue to be the arrangement. No other arrangements have been entered into or requested.
On Sunday last, with the Secretary General of the United Nations, Mr. Kofi Annan, we convened a meeting of the Security Council for last night. At that meeting, both the United States and the United Kingdom briefed their colleagues on the military action undertaken in Afghanistan last night and on Sunday night. They will continue to keep the Security Council informed. The unanimous view of the Security Council last night, consistent with the position that they have taken, is that of wholehearted support for the action taken in self-defence—
That is not true. I have the statement with me.
Please, Deputy Gormley, I ask you to desist from interrupting. Only Deputy Noonan is entitled to ask a supplementary question at this stage.
—and consistent with the UN Charter.
That is democracy, when I cannot speak.
We have requested today that a high level briefing by the UN secretariat on the humanitarian situation in Afghanistan take place later this evening. I will bring to the attention of the Minister the point made by Deputy Quinn about bringing in the aid organisations. We have stated clearly that the humanitarian briefing should continue and that there should be as much co-operation as possible. I am not sure of Mr. Annan's arrangements with the individuals and agencies. Perhaps, this process is already under way but I will check the position. We made it clear at all times, including last night, that the humanitarian issue should be in the statement, and we will continue with that line. It is vital that there is co-operation and assistance and we have, like many countries, assisted with this aid.
It is correct that a number of non-nationals were arrested this morning. I have had only a short confidential briefing on the matter and I do not know if these people will be charged. However, the Garda has been monitoring a number of individuals for a considerable time, and particularly in the past four weeks. There is some evidence that these people might have links, or some kind of relationship, with individuals who are being sought in the United States. There is no evidence at this stage, according to my briefing, that they have been involved in any way – either through explosives, documents or contacts – but the gardaí are continuing their investigations. I received a preliminary briefing today but have not had a more detailed briefing. If more sinister detail emerges I will be glad to communicate with Opposition leaders. At this stage I have no evidence to communicate.
On a point of order, is it in order for the Taoiseach to deliberately misinform the House?
That is not a point of order, Deputy. For the benefit of Deputy Gormley, we are on leader's question time. It is laid down by Standing Order 26.3 of this House.
The Minister for Foreign Affairs, in his capacity as president of the UN Security Council, is responsible for the agenda at Security Council meetings. Last night, the US and British governments stated that it was now the intention that military action be extended to countries other than Afghanistan. What is the Irish position in so far as the president of the Security Council, Deputy Cowen, is concerned on any extension of military activity to jurisdictions other than Afghanistan?
He is supporting it.
The Minister for Foreign Affairs has briefed me on this matter today. At this stage there is no reason to believe any other action is imminent or being considered. The likelihood of an imminent attack has been raised but there is every indication that the US is looking at a long and multifaceted campaign against international terrorism for which it is seeking to build a broad coalition of support. The US response to date has been careful and calibrated. Last night it did not emphasise that it would do anything other than follow terrorists it wishes to seek if that was necessary but there is no proposal on the table at present and I think that is unlikely in the short-term.
Last night RTE screened a "True Lives" documentary which revealed the horror and plight of families that have been affected by hepatitis C, and who are part and parcel of the Lindsay tribunal of inquiry. It was brought to the attention of the nation that its current terms of reference excludes reference to pharmaceutical companies. The concerns that were expressed in some detail cannot be addressed by the tribunal as it is currently constituted. No doubt the Taoiseach and the Government have been briefed on this matter. On behalf of the 96 HIV victims and the 200 hepatitis C victims, I formally ask that the terms of reference of the tribunal be extended by way of motion in this House, with presumably the consent of the chairperson, to enable it to examine the role that pharmaceutical companies played in this unfortunate incident.
Will the Taoiseach, in considering Deputy Quinn's request, also consider how more appropriate compensation schemes can be put in place for persons with haemophilia who were inadequately compensated in the past?
Evidence before the Lindsay tribunal has indicated that the majority of the HIV infections in haemophiliacs were caused by imported products as I think was indicated last night. The Irish Haemophilia Society has requested that the terms of reference be extended to require the tribunal to investigate US based pharmaceutical companies. Ms Justice Lindsay ruled that it is not part of her terms of reference to investigate the activities of US based companies. The Minister and the Attorney General are examining the position. As Deputy Quinn stated, the tribunals of inquiry Acts would have to be changed. First, it must be decided whether that is possible or necessary.
On 7 May the former Minister for Health and Children, Deputy Cowen, in response to correspondence from Mr. Brian O'Mahony, the chairman of the Irish Haemophilia Society, confirmed inter alia that the tribunal would investigate the sources of the infections, whether arising from BTSB produced products or imported ones. This was before the tribunal proper was established. It is clear from this letter that the intention of the then Minister for Health and Children was to include reference to products produced abroad and I am sure it was written in good faith. In light of what the Taoiseach has just said, what we now know and having regard to the stated position in 1998, will he formally give a commitment to the House that the terms of reference of the Lindsay tribunal will be extended to investigate products that have come from abroad and in particular the data contained in the depository in Pensecola Florida, which, according to yesterday's programme, points to considerable hard evidence to the effect that the contamination arose from imported products? It is essential that we get a clear commitment from the Taoiseach in light of the knowledge that the Department of Health and Children already has with regard to the need to investigate products coming from abroad.
What Deputy Quinn said and the programme highlighted last night is correct. The consultation process involving the Attorney General, the Minister for Health and Children and the tribunal chairperson has commenced. I emphasise that the tribunal chairperson must agree to it. As soon as those consultations are completed a decision will be made.
What does the Taoiseach mean by that?
We cannot change the terms of reference without consulting the chairperson.
We cannot have further supplementary questions. Are there any other questions relevant to the Order of Business?
On a point of clarification—
Deputy, I would prefer if we do not have further supplementaries, as the Standing Order is specific. I call Deputy O'Keeffe.
There are a few things we can do to support the fight against international terrorism, but there is one in particular and that is to ratify the International Criminal Court. Why has the legislation on the International Criminal Court not been included in the legislative programme? It is not included in any part of it, not even down the line for 2002. Will the Taoiseach give priority to the Bill and state when it will be before the House?
The Minister for Justice, Equality and Law Reform addressed this issue in reply to Deputy Michael D. Higgins last Thursday and he briefed the Cabinet on it today. Some ten legislative measures plus a number of conventions will have to be dealt with soon.
When?
I already spoke to the Whip about meeting on Mondays and Fridays to deal with them, so as soon as that is worked out.
When will we have the legislation?
It will have to be dealt with.
Deputy O'Keeffe, it is not appropriate to have a debate on this matter. I call Deputy Howlin.
When will we have the legislation? Everyone is interested and the Taoiseach appears to be willing but the Minister is not able.
A large number of Bills have to be enacted. We have to provide time to deal with them and we will need co-operation to do that.
When will we have them?
The first one is ready but there is a whole series of them. We will have to deal with up to ten of them in succession. I hope everyone will facilitate their speedy ratification.
How stands the legislation to promulgate changes in the accountability of the Judiciary? How stands the motion that is listed on today's Order Paper, No. 25, the technical arrangement to facilitate the Twenty-second Amendment to the Constitution Bill, 2001? What is the Government proposing to do between now and the end of this Dáil in regard to bringing forward a proposal on judicial accountability or has this issue simply disappeared from the Government's agenda?
I had hoped the Whips could come to an agreement on that. They failed previously but perhaps they can try again.
When will we see the Ombudsman for Children Bill which has been promised a number of times in this House and which was promised before the summer recess? I remind the Taoiseach that this Bill started its process as far back as December 1996.
We do not want a discussion on it.
This session.
Will the Taoiseach clarify something he has just said? Last Thursday I raised the issue of the ordering of legislation in terms of international conventions and other legislation that might be envisaged from the European Council and how both might be related to the European Convention on Human Rights. I asked him last Thursday if he would indicate which legislation would come first, the relationship of the two batches of legislation to each other and the consistency of either or both with the ECHR. What he has said this afternoon does not clarify whether what has been progressed and discussed with the Whips is the legislation required for the ratification of the international covenants or whether it is different legislation that arises in the Council. It would help if he would arrange for the Whip to circulate a docu ment showing the relationship of these legislative proposals to each other.
I agree with that. On foot of the debate we had last week I asked the Minister for such a document and that has now been prepared, and we discussed it at Cabinet this morning. I asked the Whip to outline the details and the legislative measures to the meeting of the Whips tomorrow.
On section D of the legislative programme, item 132 is the Private Members' Bill, the European Union Bill which passed Second Stage here in June. It got the approval, consent and support of the Government. It refers to improving the system of scrutiny of European Union decisions. It is now in select committee. Is it the Government's intention to ensure it is given priority as Government business since it was adopted and taken over by the Government so that we can report progress before the Laeken Council?
I understand that is a matter for the committee.
It is a Private Members' Bill but it was supported by the Government and accepted. In light of the forthcoming Laeken Council under the Belgian Presidency is it the Government's intention to give this measure priority?
It is with the committee. I will raise it with the chairman of the committee if that helps.
(Dublin West): How many innocent Afghanis is the Government prepared to see killed by western bombs before it withdraws its—
That matter does not arise.
(Dublin West): We have not had a chance to discuss this before.
The Deputy will have to find another way of discussing it but not on the Order of Business.
The ample frame of the Minister for Justice, Equality and Law Reform has been sitting on my Whistleblowers Bill for two years. Will the Taoiseach say what are the chances of wresting it from under him?
If the Deputy recalls, we accepted the Bill. His Bill is being used as the basis for moving it on.
Does that mean the Bill will come back to us?
Dr. Upton
An undertaking was given by the Minister with responsibility for youth affairs that the Youth Work Bill would go through Committee Stage before this Dáil session. At what stage is the Youth Work Bill?
It is at Committee Stage and is sitting next week.
I seek clarification on the Housing (Private Rented Sector) Bill. Is the Taoiseach aware that in the lifetime of the Government more Irish families have been evicted from their homes than were evicted—
That does not arise on the Order of Business. We are moving on to a personal explanation by the Minister for Foreign Affairs. The Deputy was making a Second Stage speech.
Will the Bill to provide protection be published in the lifetime of the Government?
Next year.