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Dáil Éireann debate -
Wednesday, 27 Feb 2002

Vol. 549 No. 4

Order of Business.

It is proposed to take No. 22, motion re terms of the International Coffee Agreement, 2001, back from committee; No. 23, motion re proposed approval by Dáil Éireann of a proposal to the Treaty of Amsterdam, a proposal for a Council framework decision on joint investigation teams, back from committee; No. 24, motion re proposed approval by Dáil Éireann of a proposal to the Treaty of Amsterdam, the proposed Council decision concerning Ireland's request to take part in some of the provisions of the Schengen acquis, back from committee; No. 24a, motion re Radiological Protection (Amendment) Bill, 1998 [Seanad]; No. 24b, motion re electronic voting in Dáil Chamber; No. 5, Social Welfare (Miscellaneous Provisions) Bill, 2002 – Second Stage, resumed; and No. 50, Radiological Protection (Amendment) Bill, 1998 [Seanad] – Order for Report and Report and Final Stages.

It is also proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight, business shall be interrupted not later than 10 p.m. and the sitting shall be suspended for 15 minutes to conduct a trial vote in the Dáil Chamber immediately after the conclusion of Private Members' Business; Nos. 22, 23, 24, 24a and 24b shall be decided without debate and No. 24b shall come into effect on 7 March 2002; the resumed Second Stage of No. 5 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 10 p.m.; Question Time tomorrow shall be taken from 3.30 p.m. to 4.45 p.m. and in the event of a Private Notice Question being allowed, it shall be taken at 4.15 p.m. and the order shall not resume thereafter.

Private Members' Business shall be No. 118, motion re sub-post offices, resumed, to conclude at 8.30 p.m.

Is the first proposal on the late sitting and suspension of sitting agreed? Agreed. Is the proposal for dealing with Nos. 22, 23, 24, 24a and 24b agreed? Agreed. Is the pro posal for dealing with No. 5, conclusion of Second Stage of the Social Welfare (Miscellaneous Provisions) Bill, 2002, agreed? Agreed. Is the proposal in relation to Question Time tomorrow agreed? Agreed. I will now take leaders' questions.

I am sure the Taoiseach shares the concern of every Member at the possibility of a further outbreak of foot and mouth disease in the United Kingdom. He will be aware that the original outbreak was attributed to the removal and disposal of swill without due regard to safety standards. Is the Taoiseach aware of a court case in Tipperary yesterday evening in the course of which persons were convicted for the unauthorised collection of swill? In their defence they stated that the Minister for Defence, when they approached him, said the case would not come to court and that he would take care of it. In view of these allegations, will the Taoiseach ask the Minister to make a statement to the House today and to answer questions from Members?

The House will be aware that there is a threat of foot and mouth disease breaking out again in the UK. Fortunately, the preliminary tests appear to suggest that an outbreak will not occur. Nobody in rural or urban Ireland will forget the heroic efforts of the entire community to prevent the spread of foot and mouth disease in this jurisdiction. Indeed, many businesses lost substantial revenue flows and jobs were lost in the tourism industry following the solidarity expressed and displayed by the entire community with the agricultural sector in that moment of peril.

Does the Taoiseach not regard it as incredible that the Minister for Defence was cited as a witness in the court case mentioned earlier? Serious questions must be asked. There may well be a good explanation for what happened but the Members are entitled to hear it. The House must hear what version of events the Minister for Defence wishes to put on the record. The matter cannot stand as it is. Whether these are credible witnesses or whether the people who were convicted were attempting to implicate others are matters for other places to decide, but what must be heard in this House—

The court did decide.

Is the Deputy the new Taoiseach?

He would love to be.

Has the Deputy got the entire transcript?

It is Dowra, Mark 2.

Deputy Quinn, without interruption.

This House must be informed directly by one who is cited in the newspapers as a witness to the event and who happens to be a Minister in the Government.

Remember Starry O'Brien.

He is one of the Minister's own.

Was the Minister up a tree?

We are entitled to hear the explanation from the Minister for Defence without the interruptions of the Minister for plastic bags.

It would not be the first report in the newspapers that was wrong.

I call the Taoiseach, without interruption.

I have been asked two questions. The first relates to the foot and mouth disease case in north Yorkshire. The Department of the Environment, Food and Rural Affairs in Great Britain has banned livestock movements within an eight kilometre, five mile, radius of the farm as a precaution after suspect lesions were found in the mouths of two sheep. They were examined as part of an inspection visit by the Department when farms restock. Animals on the farm were slaughtered last August as part of a contiguous cull. It may take up to three days to obtain final results but, in the meantime, the sheep have been slaughtered as a precaution.

That is the not the question the Taoiseach was asked.

Other precautions have been taken in the UK since the suspect animals were identified yesterday. The suspect farm is being sealed off and all livestock movements within a five mile radius are being halted. Farms that supplied sheep to the suspect farm are being traced and they will be placed under restriction and thoroughly inspected. The UK is continuing to operate retention periods for bought in stock. The preliminary results were negative.

As I stated in reply to questions last week about easing regulations, we must continue to be on alert in this country. That has always been the advice and we should continue so advise. The Minister for Agriculture, Food and Rural Development has issued a more lengthy statement, which I will not repeat, unless the House wants me to do so. I recall well Deputy Noonan's statement last year that there was a strong possibility that one of the main reasons there was a foot and mouth outbreak in the first place was that raw food had been thrown in garbage bins which was then fed to pigs. That was one of the main suspected reasons for the outbreak.

In relation to yesterday's events, the Minister for Defence was called as a witness in a case and he gave his evidence in court. The court accepted his evidence and the Minister made it absolutely clear – he told me here earlier that I can say this because we do not normally talk about what goes on in the courts – that he has always complied with requests and co-operated with the Garda. He totally denied the matters that were stated against him and the court accepted that.

What was central to the case yesterday was the unauthorised collection of swill and there was a conviction as a result, but the allegation being made is that when those who were accused of the crime were first summonsed, they approached the Minister for Defence and the Minister gave them assurances that the case would not appear in court and that he would take care of it. The Minister, taking all the circumstances into account and against the background of a possible further outbreak of foot and mouth disease, should be given the opportunity to come into the House to make a statement on the record and take questions from the Opposition. We all know that people come to our constituency clinics and we have no control over who comes in the door to a clinic. We know the circumstances of the requests that are often made in clinics, but there is a straight conflict here. The view—

The court made a decision.

The case was adjudicated on.

The court gave a decision, not Fine Gael.

Order, please. There should be no interruptions.

The court believed the Minister for Defence.

It was decided by the court.

The court did not give a decision on this. There is a straight conflict and those who know this part of Tipperary regard the people involved as coming from honest families.

Is the Deputy defending those who were convicted?

Will the Minister for Defence make a statement?

So that this issue can be cleared up quickly.

I do not know what procedure there is for the Minister to make a statement following the making of a statement in a court yesterday.

(Mayo): Ray Burke made one.

The Minister made representations in the normal way. He did not do anything improper. Modifications were made to the order and the Minister answered those issues in the court yesterday.

What did the Minister tell—

Order, please.

The Minister gave a full account of that yesterday and I am sure in his own way he will give a full account again.

The Taoiseach may be aware of another court case where a former school principal in his mid-80s, who was given a three year sentence for admitting 23 child sex abuse offences against eight victims, had his sentence suspended in the court of appeal. One of the grounds for the suspension was that the court accepted the evidence of a psychiatrist whose view was that the person in question was elderly, in poor health and potentially suicidal. Does the Taoiseach not find it a contradiction that he and the Government are trying to remove the protection of suicide as a defence in the forthcoming referendum for people who could very well have been the victims of this particular school principal and who, as a result of his abuse, might have found themselves with an unwanted pregnancy?

As a result of what he is trying to do, the right to a termination in this jurisdiction for such victims because of their suicidal condition, which the Supreme Court gave to them back in 1992, could be removed. Does he want to remove that right from them at the same time as a court recognises the threat of suicide by the perpetrator of a crime and grants leniency in the form of a suspended sentence while the victims of that crime could potentially be denied the compassion and rights which the Supreme Court granted to them and which the Taoiseach now wants to take away? Does that raise questions for him in the dying days of this ill-fated campaign to amend the Constitution by way of a referendum next Wednesday?

The Taoiseach will recall that in 1992 when a similar referendum was put to the people, they were asked to reply to three questions and they were sophisticated enough to vote "Yes" for the right to travel and the right to information and to vote "No" to a proposition to roll back the X case. On reflection, does he agree it would be more appropriate if the Government had arranged on this occasion, when four different questions are being put to the people, to put them individually to allow people to vote "Yes" or "No" to each of four questions rather than to roll them all together and put a composite question where a "Yes" or a "No" will not reflect their views?

The people are being asked to insert two articles in the Constitution. The first of those will give constitutional protection to a new law, the Protection of Human Life in Pregnancy Bill. The details of that legislation are before the people and they are well aware of what is in that.

They are not.

The Taoiseach must be joking.

I think they are. As the Deputies' leader has just said, people are fairly wise on these issues and they make themselves aware. The second article ensures the new law cannot be changed without the people's consent. As well as being a parliamentary democracy, we are also a direct democracy where it is no harm for the people to have their say. As democrats, it is good that people have their say—

Deputies

Hear, hear.

—and it is a practice that we should follow.

Will the Taoiseach go to the country now?

And put us out of our misery.

Why will the Taoiseach not debate this issue on television?

Deputy Noonan will recall that at the time one of the great arguments was that we should not write everything into the Constitution and that we should introduce legislation. I notice he is also moving to that position on legislation. He now proposes it should be dealt with both in the Constitution and legislatively.

Separate issues should be put separately to the people.

Why will the Taoiseach not debate this on television?

Order, please. The Taoiseach, without interruption.

In reply to Deputy Quinn, the Government's final proposals were based on what experts said at the all-party committee. Various experts indicated that suicide as a result of pregnancy was rare and that incidence of suicide was lower among pregnant women than in the general population. They said that experience from abroad was that a change in the law, to deal on compassionate grounds with a small number of exceptional cases could be exploited to allow wider application.

The Taoiseach cannot answer the question.

The evidence at the all-party committee indicated the medical response to a pregnant woman considered to be at risk of committing suicide would be to help and support her, treat her underlying medical condition and not to offer an abortion. That is why the Government with all-party agreement set up the crisis pregnancy agency and gave it resources so that this issue can be treated in a more humane way in the future.

It does not even have a director yet.

There was no evidence given to the all-party committee that doctors had ever carried out an abortion in Ireland on the basis of a suicide threat, if it has ever happened. In a debate here two weeks ago, Deputies Quinn, Noonan and Mitchell said they did not see any reason for that. Deputy Quinn would say that although it has not happened in ten years, it should still remain there. Far from agreeing with his logic, the longer this goes on, the more I disagree with him. I know and accept his position as a pro-choice individual. I saw what he said in the paper today and I admire him for that, but I am of the opposite opinion.

What happens if there is another C or X case?

(Interruptions.)

Will the Taoiseach now express his regret for attempting to use, as a justification for rolling back the rights of women here, the impression that there is agreement within the psychiatric profession that suicide is not a threat to the life of a pregnant woman in certain cases of an unwanted pregnancy, given that the two quoted psychiatrists who apparently came out in support of the Government's position have been contradicted by other psychiatrists, some of whom have been on the radio today? Will the Taoiseach explain why he finds himself in conflict with the compassion of the courts, which can extend a suspended sentence on appeal to a child abuser on the grounds that the abuser might be suicidal, but he wants to remove the same kind of compassion from the discretion of the courts to a victim of that abuser who herself may be suicidal? What kind of republic is this that comes down in favour of the abuser and against the plight of the victim? Is this the kind of Ireland the Taoiseach wants to see for young women in the twenty first century? What kind of republic is that? Where is the choice in that for the victim?

I saw the letter to which the Deputy referred, but I also saw what the psychiatrists said this morning. They made it very clear that medicine is not an exact science, but the people who represented the profession before the All-Party Committee on the Constitution sided with my position on this.

But suicide is a reality.

Who were they representing? There is a conflict within their own profession.

This morning the psychiatrists made it clear there are no psychiatric conditions for which abortion is the only answer.

Nobody claims otherwise.

Those who argue that psychiatric illness should not be treated differently from other medical conditions are overlooking the fact that with other medical conditions the issue is that of life rather than the health of the mother. It is all too clear from other places that in the area of mental health, tests compatible with protecting the life of the unborn are so difficult that in practice a very low threshold for abortion is almost inevitable.

That is not true in Northern Ireland.

Deputy Fitzgerald should not be so intolerant.

That is my argument and my view. It does not have to be the view of other people and they do not need to shout me down, but I am entitled to my view.

Why not have a debate in this House?

It is the reality that people have to consider and reflect on when deciding how to vote on this referendum. There are two different views.

Doctors differ and patients die.

In response to Deputy Jim O'Keeffe's rather ill-informed position, we are trying to make sure there is medical and legal certainty for the doctors for the first time since 1861. This is why the Society of Obstetricians and Gynaecologists and so many other eminent people support this proposal.

What about certainty for women, never mind certainty for doctors?

We now come to relevant questions on the Order of Business.

With two million other people, I received a statement of information for voters today on this referendum. I want to know who is issuing this because it is not in accordance with the Electoral Acts. No source is indicated on it. Is there a Bill that we will have to—

It is not relevant to the Order of Business. The Deputy must find another way to raise the matter.

I raised this in the context of the need for extra legislation. On another matter then—

The Deputy has been disorderly and should resume his seat.

I am not being disorderly. The Government is being disorderly by issuing—

The matter raised by the Deputy is not in order on the Order of Business.

It is a legal document.

I think we are about to hear an answer to Deputy Bruton's question.

It is not a matter for the Order of Business.

We have moved on to a relevant matter on the Order of Business.

Yesterday, I asked the Taoiseach whether legislation was contemplated to amend the Redundancy Payments Acts. If the Taoiseach does not have the precise information, perhaps he can communicate with me later. He mentioned that changes were made to the tax exemption for lump sums, but the question was based on reports last week to the effect that the Government intends to amend the Redundancy Payments Acts. Are we to anticipate legislation on that matter in this session?

On checking last evening, Deputy Rabbitte is correct. The changes to which I referred were made in the Finance Act, but no changes to the primary legislation are listed.

Does the Government intend to introduce legislation to prevent the courts suspending sentences of convicted child abusers where it is alleged they may commit suicide if they have to serve sentences in prison? When does the Government propose holding a constitutional amendment on that issue?

This is not in order if it does not relate to promised legislation.

It is a serious issue.

If it is a serious issue it should be dealt with seriously and not in this manner. The Deputy should resume his seat.

The courts take allegations of suicide seriously when suspending sentences of people convicted of multiple child abuse while we are to ignore the victims. The Taoiseach has nothing to say about that issue. Suicide can protect a child abuser but not the victims of child abuse.

Deputy Shatter must resume his seat. He is being disorderly.

For a number of years I have raised the question of Bille na Gaeilge, which is on the legislative programme. Are the Taoiseach and the clutch of Airí Stáit, responsible for this legislation, not ashamed of themselves that the information on the forthcoming referendum is not available in the Irish language? It is not available to people in the Gaeltacht and those who speak the Irish language and use it. If the Bill had been introduced as promised year after year by the Government, does the Taoiseach agree that the people involved would have been entitled by right to have the same information as any other citizen in the Irish language?

Questions must be asked about the Bill.

Will the Taoiseach confirm that the Bill is complete? There is supposed to be an external expert working on the draft text. However, people are being deprived of their rights in the meantime. That party is supposed to be in favour of the Irish language and of citizenship. It is improper given that the Irish text will prevail in any challenge.

The Deputy is discussing the Bill. I call the Taoiseach to reply to the question raised about the Bill.

The people will be entitled to their pensions by the time it is published.

They will be good pensions.

Bille na Gaeilge is a priority. Efforts are being made to have the Bill published as soon as possible.

As regards the deprivation of the rights of those who use the Irish language, would the Taoiseach like to give us a reflective comment?

Reflective comments are not in order on the Order of Business.

Will the Taoiseach make Government time available to debate the pending strike in accident and emergency units? It is a serious situation.

It is a matter for the Whips to make time available.

We must get an opportunity to raise the issue.

The Deputy can pursue that matter another way.

I will pursue it another way.

I remind the Taoiseach of this morning's news that our best known insurance company has increased its profits by up to 28% with a gross premium intake improvement of 38%. Will he confirm to the House where the money came from yesterday evening to resolve the penalty points debacle?

That question is not relevant to the Order of Business.

It is relevant. When will the Supplementary Estimate be introduced in the House?

Such a question is not relevant to the Order of Business.

As regards promised legislation, will the Taoiseach outline to the House what legislative steps the Government proposes to take to deal with the high cost of insurance?

Is there promised legislation on the insurance industry?

There is not a specific Bill. The Minister of State at the Department of Enterprise, Trade and Employment, Deputy Treacy, recently outlined his proposals in this area and the plight faced by a number of insurance companies.

He did not outline them to the House.

Are the lives of those born with a disability valued by the Government? I would like to be able to judge that on the Disabilities Bill. When will that Bill be brought before the House?

That Bill is due shortly.

How shortly?

In this session.

As regards the Disabilities Bill, how are the consultations progressing with the groups involved? Does the Taoiseach intend to reintroduce a new Bill before the end of the Dáil term? Does the Government intend to introduce paid parental leave? Will legislation be introduced before the end of the Dáil term to cover paid parental leave?

At the same time as Dessie Farrell will get a wage.

The consultation process on the Disabilities Bill is starting. How long it will take depends on the consultations. The parental leave proposals went through the House last year.

That was for unpaid parental leave. I asked about paid parental leave.

Next Monday post-primary schools will be thrown into chaos because of the withdrawal of ASTI members from supervision and substitution duties. Has the Taoiseach or the Minister for Education and Science proposed initiatives to meet the ASTI and to resolve the dispute?

That is not relevant to the Order of Business. The Deputy can pursue the matter another way.

The House will not sit on Tuesday or Wednesday next week when schools will be in chaos.

That still does not make it relevant.

Does the Taoiseach propose to meet the ASTI?

It is not relevant at this stage.

On the Order of Business yesterday the Taoiseach said it was not intended to introduce a Supplementary Estimate to provide the money for the penalty points system which is being provided for in the Road Traffic Bill.

That was ruled out of order yesterday and it is also out of order today.

The Taoiseach gave an answer yesterday and my question arises from that answer.

Only if he promised legislation yesterday.

Outside the House the Minister for Justice, Equality and Law Reform said the money was being provided. Will a Supplementary Estimate be introduced in the House and, if not, how will the money be provided for the penalty points system for which we are legislating?

The Deputy can pursue that matter another way, but it is not relevant to the Order of Business.

It is. The Taoiseach gave an answer yesterday which was contradicted outside the House by the Minister for Justice, Equality and Law Reform.

The Deputy was ruled out of order yesterday and he is out of order today.

The Gas (Interim) (Regulation) Bill is before the Dáil. Will the Bord Gáis Éireann Bill and the gas regulation Bill be published before the end of the Dáil session? They are listed as being due to be published some time during 2002.

The 50 heads of the Bord Gáis Éireann Bill are being drafted. It will not be ready this session. The gas regulation Bill will be ready this year. It is to give effect to the restructuring of the natural gas industry. There are 60 sections in that Bill.

A couple of weeks ago many people on the north side held ceremonies to mark the 21st anniversary of the Stardust disaster. A major new study of it has been done by two young north side journalists. Many people believe the findings of the original inquiry cast a slur on their district, which is near where I live and where the Taoiseach once lived. Would it be possible, before the Taoiseach leaves office, to order a new inquiry into the matter?

The Deputy can pursue that matter another way. It is not a relevant question on the Order of Business.

What is the Taoiseach's gut feeling?

(Mayo): Three weeks ago I pledged that we would co-operate to get the Communications (Regulation) Bill through the House for which industry is crying out. Yesterday week the Communications (Regulation) Bill was agreed by the Government, but I have not seen it yet. If it is to be passed during this session and if the Government is to get the co-operation of the House, we need to see it immediately. As regards the transmission planning Bill which is to provide accelerated roll-out of the ESB, given that our energy supply is teetering on the brink of collapse, it must be published as a matter of urgency.

I appreciate what the Deputy said and I reported it last week. It is a large Bill, but I hope it will be ready this session. The hope was that some of the committee work could be done during the break period. It has not gone to Government yet.

(Mayo): If it is that big, I have not seen it yet.

It has more than 60 sections.

(Mayo): I know that.

I will try to get an update on it because the Tánaiste is anxious to get it through the House.

Yesterday my colleague, Deputy Howlin, offered the Government co-operation which I would like to repeat. The Government recently announced the appointment of three members to the Flood tribunal who will become Circuit Court judges. As we know, the practice of the Bar means these people will no longer be able to work as senior counsel and barristers and they will not be able to take up their posts until they become judges. Deputy Howlin published a two section Bill to increase the number from 27 to 30 to provide for the establishment of the extra resources which the House wants to give to the tribunal we collectively established. We could agree to that measure tomorrow without debate because there is no dispute on the net point of moving from 27 to 30 to enable these people to resume their official functions as members of the Flood tribunal.

The alternative is to make it part of the Courts and Court Officers Bill, which the Minister for Justice, Equality and Law Reform will recognise as substantial legislation and which would require a different level of scrutiny. There is no dispute in the House about the extra three persons required. We are offering agreement to pass the Bill without delay or debate, other than a summary debate tomorrow, so that it can leave the House and go to the Seanad to enable these people to take up their functions. I ask the Government to give urgent consideration to this measure in light of the fact that in the first three weeks of March the House will only sit for five days. The work of the tribunal will be delayed as a result.

Deputies Howlin and Quinn raised this issue yesterday and the Minister, who is present in the Chamber, will consider it. The original intention was to push the Courts and Court Officers Bill through, which would solve part of the difficulty. I am sure the Minister will reflect on what Deputy Quinn has said.

Does the Taoiseach have a view on the matter?

I want both the Courts and Court Officers Bill and the amendment to be passed.

Does the Taoiseach not recognise that these people cannot do the work they are supposed to do because they have not been appointed as judges? They cannot continue to take work—

The Deputy should not argue the point.

The Courts and Court Officers Bill will not, in reality, be put through the Houses for at least two months. What is the point of appointing these people if the Taoiseach will not give them the equipment they need to do their job effectively? We are offering to put the Bill through. What is the Taoiseach's view on this matter?

The Minister's view is that he would like to proceed with the Courts and Court Officers Bill and perhaps add another section to it. If that is not possible, that is another matter and it can be given due consideration. However, I understand the Courts and Court Officers Bill contains only a few sections.

There is not agreement in respect of it.

There are only seven sections in the Bill and I do not see the difficulty in adding another. If that cannot be worked out, the Minister will have to reconsider the position. It is a short Bill.

A total of 30 pages of amendments have been tabled in respect of it.

In light of the foot and mouth disease scare in England which has emerged in the past 24 hours, will the Taoiseach indicate the progress that has been made in creating an all-Ireland animal health zone in order that this island can be protected? Such a health zone would be operated through the cross-Border bodies and would be extremely important.

Co-operation between the North-South bodies is moving ahead.

Two weeks ago the Minister for Health and Children informed me that he had established a design team for a community hospital in Tralee. Yesterday, the Minister for Finance announced that he had sanctioned funding for a design team for a community hospital in Tralee. Will the Taoiseach provide an assurance that we are only getting one community hospital in Tralee?

Perhaps the Deputy will table a parliamentary question on that matter.

Would the Deputy object to Tralee gaining two community hospitals?

I wish to raise two matters. After a period of more than five years the Ombudsman for Children Bill, 2002, was eventually published and is now before the Seanad. When is it anticipated that the Bill will come before this House and will it be enacted into law before the end of the session or the end of the lifetime of the Dáil?

The Taoiseach will be aware that a fund has been launched to support the relatives of those killed at Omagh in taking civil action against those believed to be responsible for the atrocity that occurred there. Will he give consideration to how the Government can provide either direct or indirect assistance to this most worthy cause?

That question is not appropriate to the Order of Business.

The Ombudsman for Children Bill is currently before the Seanad. It is hoped that it will come before this House shortly.

What about the second matter to which I referred?

That matter is not in order.

Given that two announcements were made in respect of the community hospital in Tralee, will the Taoiseach indicate when approval might be given for the new Alzheimer's unit for—

That matter is not in order. The Deputy should table a parliamentary question. That concludes the Order of Business.

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