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Dáil Éireann debate -
Tuesday, 18 Jun 2002

Vol. 553 No. 2

Order of Business.

The Order of Business today shall be as follows: No. 1, motion re election of Leas-Cheann Comhairle; No. 2, motion re restoration of Bills to the Order Paper; and, subject to the agreement of No. 2, the Central Bank and Financial Services Authority of Ireland Bill, 2002 – Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that all divisions demanded in the House this week shall be taken manually and Nos. 1 and 2 shall be decided without debate. Private Members' Business shall be No 5, motion re programme for Government.

There are two proposals to put to the House. Is the proposal that all divisions demanded in the House this week shall be taken manually agreed? Agreed. Is the proposal for dealing with No. 1, motion re Election of Leas-Cheann Comhairle and No. 2, motion re Restoration of Bills to the Order Paper, agreed ? Agreed.

We will now move on to Leaders' Questions.

In keeping with the theme of the arrival of the Irish team back home today, will the Taoiseach clarify whether, in the words of another, a seismic shift has been brought about in Government policy by the Minister for Justice? Will he clarify if a decision has been taken to move the proposed stadium from Abbotstown to Ringsend? There has been great media speculation about this. This is obviously important for the team arriving here this evening. The younger members of the squad might be able to play there in the European Championships. Will the Taoiseach clarify whether a decision has been made to move from Abbotstown to Ringsend and when can we expect an announcement on that?

Could the Taoiseach indicate when the Government will publish the interim report outlining what the options are since according to the programme for Government Abbotstown is no longer on the agenda? Has the Government decided in principle on a smaller scale national stadium than the 80,000 seater stadium originally proposed? Will he also state whether the stadium will be completed in time to host the European Cup championships in 2008?

The first decision made is that we will build a world class stadium and I will be pleased with that. Many views have been put forward about where the stadium should be. My view, that we need a national stadium, is well known. We have agreed in the programme for Government that there will be communication between the CSID board, the national sporting bodies and the Department of Arts, Sport and Tourism, about the precise size of the stadium. The size of the stadium should be agreed by these bodies, particularly those who will use the stadium. That matter will be finalised in a matter of weeks and the Minister for Arts, Sport and Tourism, Deputy O'Donoghue, will bring the matter to Cabinet for the final decision. Hopefully the stadium will be built in time for the European Cup in 2008.

I am slightly confused with the Taoiseach's reference to a national stadium and to a world class stadium. It appears to me that he is consistent in his own view and that there is no change in the provision of a national stadium and the world class stadium and that it will be in Abbotstown. Will the Taoiseach confirm that is the position as of today and that it is still on course and will be built in Abbotstown?

To clarify so that there is no doubt, we are going to build a world class stadium. As soon as the deliberations are over it will be decided where. The fact is that the Abbotstown site is in the hands of the State. People have put other options and some of the national sporting bodies have put forward views. The Minister will take all of this into account before reporting back and the decision is made. I remain consistent in my word that the national sporting bodies and the CSID board which has worked hard on this over the last number of years should be able to express their views to the new Minister. Then the options will go forward and the decision will be made by the Cabinet.

On 6 May Fianna Fáil, in its manifesto, pledged to eliminate and permanently end waiting lists in our hospitals within two years through a combination of bed capacity, primary care, secondary care and targeted reform initiatives. Yet, in the programme for Government published subsequent to the outcome of the election, the same commitment that was made so clearly and prominently was watered down to the following: "we will treat people within new national guidelines for maximum waiting times set out in the national health strategy." What happened between 6 May and the publication of the national programme that resulted in the reneging by Fianna Fáil and the Progressive Democrats on that commitment to eliminate hospital waiting lists within two years?

Are the strategies outlined and the fora that have been held intended to come together to provide a "world class" health service which we do not have at the moment?

The programme for Government reflects what has been agreed by all the stakeholders in the health service. We can dramatically improve the waiting lists and aim to get everybody seen within three months. We will continue to build on what has been specified in the national health strategy and to resource that is the number one area of priority in the life of this Government. We have built on that and in certain areas targeted by the last Government we have reduced the waiting list to one month in some cases. It is a challenge to get the list down to three months in other specialities and areas. The effort of this Government will be to follow what is in the national health strategy and we will try to achieve our targets across all aspects of health.

I have the Taoiseach's waffly reply. Why did he renege on his promise to eliminate waiting lists within two years?

We have already this year put 709 extra beds into the system to try to deal with the issues. We have also appointed extra accident and emergency consultants and an enormous number of staff. That is all designed to reduce waiting lists to as short a period of time as we can. That is in line with the national health strategy.

That concludes leaders' questions.

Will the Taoiseach clarify an announcement he made today in relation to the various appointments he has made? On 6 June Deputy D. Ahern was announced as Minister for Communications and Natural Resources. Following pressure from the marine sector the Taoiseach has decided to return the marine portfolio to the Cabinet table.

That does not arise from the Order of Business. It is not appropriate to the Order of Business.

May I finish? Today Deputy D. Ahern has been announced as the Minister for Marine and Natural Resources. Does that mean that communications are no longer at the Cabinet table?

That does not arise on the Order of Business.

Today Parents for Justice expressed alarm at the fact that the Minister for Health has not defined the shape of the public inquiry on organ retention. It does require a statutory basis because he has made this commitment. When can we expect the legislation required to set up this public inquiry on organ retention? The Minister for Health and Children promised that he would bring in a human tissue Bill to deal with the issue. Will the Taoiseach indicate when that Bill might be published?

If legislation is required in that area the Minister will have to announce it. I suggest the Deputy should put down a question to the Minister asking him to clarify what he will do in the area.

No legislation is promised.

The Parents for Justice were promised at a meeting on 17 April that there would a statutory basis to a public inquiry on organ retention. They were informed at the time that it would be only a matter of weeks before the definition became public.

It was not promised in this Dáil.

There are many of those interested in the maritime sector in mourning at the Government's downgrading of that Department. In relation to the Dumping at Sea (Amendment) Bill, 2000, will the Title of this Bill cause further mourning? Surely the Bill should be called the Prevention of Dumping at Sea (Amendment) Bill. Whatever it is called, it will be before the House before the MOX shipments come down the Irish Sea. If there was any accident it would be an awful dumping at sea incident. Will that Bill be before the House this term?

Legislation has just been reinstated so it will come back into the House.

When will that be?

As soon as possible.

Is it intended to circulate the Nice Treaty Referendum (Amendment) Bill and is it intended to take it early in this session?

Hopefully it will be circulated next week. We can then have a discussion about when it should be taken.

I welcome the appointment of two of my constituency colleagues to positions with responsibility for disability, Deputy O'Dea in the Department of Justice, Equality and Law Reform and Deputy O'Malley in the Department of Health and Children. However, the last disabilities Bill brought forward by this Government had to be ignominiously dumped. I am concerned that the senior Minister was consistently referred to as the Minister for Justice on the first day of this Dáil, including by his party leader, and I wonder about his concern for equality issues. What plans does the Government have to introduce a disabilities Bill which will give enforceable rights to people with disabilities?

There will have to be legislation. We agreed that there would be a consultation process. That is currently in progress and no Bill will be brought forward until that process is complete.

During the five years of the last Dáil the Government failed to curb the greed of private landlords who exploited their tenants outrageously, by raising rents and sometimes by providing sub-standard accommodation.

Has the Deputy a question on legislation that is appropriate to the Order of Business?

When will there be legislation arising from the report of the commission on the private rented sector? Second, there is a promise to consider legislation to regulate the establishment and operation of apartment complex management companies. When will that legislation be brought forward?

The heads of the Housing (Private Rented Sector) Bill were approved a number of months ago and the legislation is being drafted. I am not sure what stage it is at but the legislation was given priority for drafting.

What about my second question regarding a Bill to regulate the establishment and operation of apartment complex management companies which the Government promised to consider?

I do not think there is a specific Bill for that. If there is, I will inform the Deputy.

When will we have a Bill? It is in the programme for Government.

If there is no Bill promised, the Deputy can put down a parliamentary question on the matter.

So it is just there to fill up space.

Although a number of Bills from the last Dáil have been restored to the Order Paper, when does the Taoiseach expect to publish a legislative programme for the current Dáil? Will it be before or after the recess? It would resolve many of the queries being raised today.

We usually publish a legislative programme at the start of the new session so it will be published in September rather than now.

We have restored a number of Bills to the Order Paper. One of them is the European Convention on Human Rights Bill, a Bill that was roundly criticised by a cross section of public opinion, including the Human Rights Commission established by the House.

I remind the Deputy that the Bills to which he referred have not yet been restored to the Order Paper. That will happen later.

It is intended to restore them to the Order Paper by regulation. With regard to the Bill I mentioned, will the Bill as published be proceeded with or will a Bill to provide for a proper transposition of the European convention into Irish law, as recommended by the president of the Human Rights Commission, be brought before the House?

The Minister will have to give consideration to whether changes or amendments should be made to the Bill. The Bill concerned is the European Convention on Human Rights Bill, 2001 and amendments to it are a matter for the new Minister for Justice, Equality and Law Reform.

The Taoiseach will have read in the financial returns that spending is running at twice the projected level while tax revenue is only one eighth of the growth that was projected. Will a mini budget or Supplementary Estimates be presented to the House in view of the collapse in the Government's financial projections for the year?

There is no mini budget.

I have two questions for the Taoiseach on promised legislation. The Labour Party's Private Members' Bill, the European Union Bill, is due to be restored to the Order Paper later today. This Bill was accepted by the Government last year. When is it intended to deal with this Bill, as it is central to ensuring a successful outcome to a second referendum on the Nice treaty? My second question relates to necessary, if not promised, legislation on housing. There is a category of private tenants covered by the 1982 landlord and tenant legislation which expires this July. As a result, these tenants will lose all legal protections. These people were previously covered by the controlled tenants legislation that was overturned by the Supreme Court. Representations have been made to the relevant Department. Is there any proposal to introduce temporary legislation, before the end of this parliamentary session, to extend the operation of this legislation to give protection to the approximately 800 people who will lose all security of tenure?

The European Union Bill is a Private Members' Bill. It was agreed by the last Dáil to take on board a certain amount of that Bill. Deputy Quinn has pointed out that other aspects of the Bill should also be taken on board. I will ask the Minister to look at this. He had previously agreed to accept some of the suggestions and recommendation of the Bill so I will ask him to look again at the up to date position in that regard. The Bill, however, is a Private Members' Bill.

We are happy to let the Government run with it.

Some parts of it create difficulties but other parts contain good suggestions which we have taken on board—

It will all be necessary.

—to improve the scrutiny of the House and the legislative process. I do not disagree with the outline contained in the Bill but some aspects of it are not easily used. Others are, however, and these were accepted by the last Government. They are to come into effect, if I remember correctly, from 1 July, subject to discussion.

With regard to the second question, I am not aware of what action is necessary in that area. However, I am aware of the cases in the controlled rented sector mentioned by the Deputy. I will seek a note on it. There was some discussion of it by the previous Minister—

There will be summary evictions during the summer.

—but I will get a note from the new Minister and let the Deputy know the position.

The Minister for Education and Science has announced his intention to reintroduce the education of people with disabilities Bill. Will this be a redrafted Bill or does the Minister intend to reintroduce the old, largely discredited, Bill?

There is a consultation process under way. Whatever is agreed in that will be reflected in the legislation the Minister brings forward.

In the absence of a programme of legislation and given that it has rained almost continuously since polling day, tears of sadness probably, has the Taoiseach considered the potential difficulties facing the agricultural community?

The locusts are coming next week.

That does not arise on the Order of Business.

I am aware of that, a Cheann Comhairle.

The Deputy will have to find another way of raising that issue.

The Taoiseach might like to give an indication that he—

There are other ways in which the Deputy can raise that issue and he knows this.

The Chair has not let me.

The Chair must implement the Standing Orders.

On 5 June, the then Minister for Education and Science and the Minister for Fin ance agreed an indemnity deal with certain religious congregations. This deal will essentially entail the Irish taxpayer footing a massive bill for clerical abuse. Is it intended to introduce special legislation to allow public moneys to be spent in this manner or will the provisions be hidden in the Appropriations Bill?

That does not arise on the Order of Business.

It is promised legislation, a Cheann Comhairle.

The Deputy cannot ask about the content of legislation.

This a Government announcement, and I am asking for the legislation which will allow for this provision.

Will the legislation come before the House Taoiseach?

It is my recollection that those clauses are included in the Residential Institutions Redress Bill, 2001. If not, the Minister will have to make provision—

I am not talking about the Bill, I am talking about the indemnity deal.

That does not arise on the Order of Business.

It entails legislation, and I am asking about—

The Deputy has no right to ask about the contents of legislation.

(Interruptions.)

The Deputy is entitled to ask when the legislation may come before the House, but is not entitled to ask about its content.

Is there such legislation?

Is legislation promised Taoiseach?

I cannot recall whether it requires separate legislation. The vote for expenditure would have to come before the House. I understood that the civil redress legislation would cover it, but I am not certain that is correct.

Ceist maidir leis na Billí a bheidh athcurtha ar Riar na hOibre – caidé stadas an Bhille ag baint leis an digital media hub? What is the current status of the Digital Hub Development Agency Bill, 2002? It is not included in the list of restored Bills.

It will be the autumn session before that Bill is back on the Order Paper.

I ask the Taoiseach the Government's intention regarding the Official Languages (Equality) Bill, 2002, which was published as a Seanad Bill in April? Is it intended to introduce the Bill in the next session?

Is legislation promised?

Yes, it is intended to proceed with the Bill as published.

I ask the Taoiseach if it is the intention of the Government to introduce legislation to amend the Health Act, 1970, in order to give effect to the Ombudsman's recommendation that elderly people in private homes are entitled to full eligibility? They are being denied this under the spurious notion—

The Deputy has asked his question. It is not appropriate to make a speech. Is legislation promised Taoiseach?

There is no legislation promised.

Regarding the Disability Bill, 2001, the Taoiseach mentioned that there was widespread consultation with all the disability groups. I would like to know if the Taoiseach has a timeframe and when he plans to introduce the Bill?

Discussion has been ongoing for some weeks now, and I do not have a time limit on when those discussions should be completed, but they are urgent and the Government is anxious to successfully conclude the negotiations so that we can bring forward the Bill.

Given the crisis in the insurance industry and the prospective failure of a number of small companies and the inability of young people to get insurance cover, I ask the Taoiseach whether legislation is contemplated in this area and if he will identify which Minister of State appointed today will have this responsibility, given the prudent flight of former Minister of State, Deputy Treacy, to the Department of Agriculture, Food and Rural Development?

There is legislation promised in this area to give effect to the conclusions of the MIAB report, and the Tánaiste, Deputy Harney, will be dealing with that matter.

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