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Dáil Éireann debate -
Wednesday, 20 Nov 2002

Vol. 557 No. 5

Order of Business.

The Order of Business today shall be No. 14, motion re Book of Estimates, 2003, resumed. Private Members' Business shall be No. 3, Waste Management (Amendment) Bill, 2002 – Second Stage, resumed, to conclude at 8.30 p.m.

There are no proposals to be put to the House on the Order of Business.

I pressed an amendment to No. 14 to a vote yesterday and I do not wish to do so today. Following the Fianna Fáil parliamentary party meeting later, would it not be important to provide more time tomorrow for discussion of the Estimates to allow those vocal Government backbenchers who have been opposed to certain measures in the Estimates to come into the House to express their opinions?

The Deputy is too kind.

That issue does not arise on the Order of Business.

I thought the Deputy would be serious.

Those backbenchers were very much opposed to these cuts. They were—

That does not arise on the Order of Business. As the Deputy correctly pointed out, we discussed the arrangement for taking the Book of Estimates yesterday.

It will arise tonight when those Deputies will have to vote.

Will there at least be a press release following the parliamentary party meeting?

Just one, or 30 or 40.

That does not arise either. Has the Deputy a question appropriate to the Order of Business?

Many people await the outcome of the meeting. The Taoiseach gave an assurance to the IFI workers in the lounge of Cork Airport that the €5,000 down payment would not compromise negotiations. Is he aware an offer has been made to them and they must sign irrevocable documents if they accept the €5,000?

Has the Deputy a question on legislation?

Will the Taoiseach cause an intervention since the State is the main shareholder? This relates to the Redundancy Payments Act, 1979.

There is a proposal on that and I am aware of the issue raised by the Deputy.

The Government has promised a number of Bills dealing with air navigation matters. Has the Government given up on decentralised aviation policy?

Has the Deputy a question appropriate to the Order of Business?

Yes, it is important that one of these Bills is considered. Aer Rianta wants to build a runway and Fianna Fáil backbenchers do not support that. The air navigation and transport Bill is promised and I want to know when it will be—

The Deputy is well aware of Standing Order 26.

I am and that is why I am asking about promised legislation. The air navigation and transport – Montreal Convention – Bill is to come into force by the end of 2002. Is that true?

The Taoiseach will answer the Deputy's question on the legislation.

The air navigation and transport – Cape Town Convention – Bill will enable Ireland to ratify the convention dealing with international financing of aircraft. Preliminary work on the draft heads is expected over the next six months or so. The legislation will not be introduced until the second half of next year.

One of the key features of the Planning and Development Act, 2000, is social and affordable housing. Will the Taoiseach confirm that the Government will undermine its policy by accepting a levy in lieu of serviced sites from builders?

A question on legislation.

This relates to the building control Bill.

In reply to Deputy Sargent, I should have mentioned that there is a second air navigation and transport Bill relating to the Montreal Convention. It will give the Montreal Convention, 1999, the force of law in Ireland before the end of 2002 in common with all other EU states. The heads of the Bill are expected within the next fortnight and the legislation will then be finished.

I call Deputy Gilmore.

Am I imagining things? I asked a question about the building control Bill and received an answer about the air navigation Bill.

I was trying to be helpful to Deputy Sargent.

That was my fault.

The heads of the building control Bill have been approved and the legislation is due—

I asked about the social and affordable housing proposal. Has the Government decided to impose a levy which will be absorbed into the Government coffers?

That does not arise. I call Deputy Gilmore. If Deputy Allen does not resume his seat, we will move on to ordinary business.

That would be unfair.

The Taoiseach wants to reply to the question.

The Taoiseach replied on the building control Bill.

The Taoiseach is out of order.

The Taoiseach cannot be any more out of order than the Deputy.

Will the social and affordable housing proposal be undermined by another levy? The Taoiseach wants to reply.

The Deputy will have to find another way.

I raised yesterday the regulation that has been laid before the House, which purports to abolish the first-time buyer's grant. I refer to a related regulation, which will cap rent allowances paid by health boards and is being prepared by the Minister for Social and Family Affairs. I suspect Fianna Fáil backbenchers have not heard about it yet but it will create further grief for them before the dust settles on the first-time buyer's grant.

A question on legislation.

When will this new cutback in housing be introduced? Is the Taoiseach aware the regulation is being prepared? What answer will he give to tenants, to whom he has denied legislation to protect them for the past three years?

I am amazed Deputy Gilmore has raised this issue because in this instance the Minister is trying to control and regulate landlords.

Then he should cap rents, not the allowance payable to poor people.

Please allow the Taoiseach to continue without interruption.

That is what the Minister is trying to do and he issued a statement on it yesterday.

I refer to four Bills in the Government's legislation programme – the oil pollution of the sea – civil liability and compensation – amendment Bill, the sea commission amendment Bill, the sea pollution – bunker oil – civil liability Bill and the suppression of unlawful acts against the safety of maritime navigation and offshore fixed platforms Bill. I do not know whether the Taoiseach has the same gambling instincts as the rest of his Cabinet but—

A question to the Taoiseach.

I will ask the question. Will the Taoiseach give the House odds on whether all four Bills will be presented to the House next year, as promised?

The final part of the question is out of order.

The heads of the oil pollution of the sea – civil liability and compensation – amendment Bill are expected in December and it will be taken next year. The Sea Pollution (Hazardous and Noxious Substances) (Civil Liability and Compensation) Bill, 2000, has been referred to select committee. The heads of the suppression of unlawful acts against the safety of maritime navigation Bill are to be cleared by Christmas and the Bill will be introduced next year. The Sea Pollution (Amendment) Bill is to give effect to the protocol of 2000 of the International Convention on Oil Pollution Preparedness, Response and Co-Operation, 1990 and to develop maritime emergency capabilities. The heads of that Bill are almost complete and it will, hopefully, be introduced next year. Most of this legislation will be dealt with next year.

The House will be aware of the establishment of the Morris tribunal. I am greatly concerned, however, that it may not be able to get to the truth, which everybody is seeking.

That is not appropriate to the Order of Business.

Is the Taoiseach aware of the calls for an extension of its terms of reference? Given that some of the principal personalities involved in this matter are not happy with the tribunal, will the Taoiseach consider such an extension?

The Deputy will have to find another way to raise the matter.

The tribunal was established to find the facts. It is now an unholy mess.

It does not arise on the Order of Business.

The Taoiseach wants to answer.

A Cheann Chomhairle, it could arise with regard to legislation. It is an important point about what happened yesterday and it might be useful if I answer the question. I am aware of what was said yesterday. If a proposal comes from Mr. Justice Morris, regardless of whether it was debated or rejected in the House previously, as a result of his hearing the opening cases, the Government would respond to it and bring it to the House.

With regard to private rented property, most tenants have now received their notifications that their rents will be increased again on 1 January. Can the Taoiseach assure the House that the capping of rent allowance will not proceed—

That has been raised already.

It is most important—

Of course, it is important. It is so important that I suggest the Deputy submit a parliamentary question on it.

Can the Government backbenchers, particularly Deputy O'Flynn, assure the people of Cork North-Central—

Submit a parliamentary question. I call Deputy Joe Higgins.

—that they will not find themselves out on the street on 1 February after—

The Deputy is being disorderly. I call Deputy Higgins.

This Government is preventing people from having decent accommodation and will not provide it through the State.

The country is holding its breath to see if the 12 roaring mice will bell the McCreevy cat tonight. The Chair should have allowed us a little more latitude to press that point.

The Deputy should move on to the next matter.

Given that more and more young people will be thrown into the arms of private landlords as a result of the abolition of the first time buyer's grant—

Is the question related to the Order of Business?

—will the Housing (Private Rented Sector) Bill, which would control the rapacious private landlords, be brought before the House early in 2003 as promised? What does early in 2003 mean?

The board was set up last week. That is an important element of it.

It has been set up three times already.

Do not knock it.

The legislation is being processed as fast as possible.

It is three years—

It is an urgent Bill and, hopefully, we will get it passed.

Racehorse owners have legislation passed quicker.

I will call two more Deputies, Deputy Stanton and Deputy Crawford. A number of other Deputies are offering but I will call them first tomorrow.

Can the Ceann Comhairle explain what can be done if a Minister or a Minister of State gives false and misleading information to the House? What redress do Deputies have? Can the Ceann Comhairle help me in this regard?

The Deputy can put down a motion on the matter.

The extraordinary news this morning with regard to Dundalk hospital and its junior doctors means that the hospital and its facilities are now under threat. Will there be an opportunity during the debate on the Health (Medical Indemnity) Bill to discuss the lack of service—

When will the Bill be before the House?

This issue is extremely serious.

The Deputy has asked his question on the legislation.

With Dundalk under threat there will be no medical service available to the people of Monaghan. The Chair is as aware of this as I am.

The Bill is not being pursued.

We now move to No. 14.

On a point of order, a Cheann Chomhairle.

I have taken the names of a number of Deputies who were offering and they will be called first tomorrow.

The Chair has not heard my point of order. Is there a limit on the time for questions?

It is entirely at the discretion of the Chair. My predecessors and I have ruled in the past that it should be confined.

So it is only 15 minutes on a Wednesday.

On a point of order, a Cheann Chomhairle, I appreciate that precedents have been set. However, some of them have been changed and new ones have been set recently. In the interests of fairness and openness, I ask you not to restrict—

The Deputy can submit to my office the precedents that have been changed.

—to that extent the legitimate questions raised on the Order of Business.

I have an important question.

On legislation?

Yes. The Taoiseach will be aware that the EPA has written to local authorities requesting them to test the drinking water for uranium.

A question on legislation, Deputy.

However, there is no recommended safety level for uranium in this country so I do not know what the local authorities will do when they get the results. When will the Environmental Protection Agency Bill be brought before the House?

There is a new European directive on that matter but it has not yet been finalised. We will be a party to the directive.

With regard to all planned legislation and a substantial backlog of legislation and statutory instruments, will the Taoiseach assure the House that the disgraceful failure of the State in recent years to provide Irish language texts of all legislation will be addressed as a matter of urgency? Will the Taoiseach also assure the House that all legislation will be presented in both Irish and English simultaneously?

Nine new translators have been employed recently to ensure that is done.

Mr. Justice Morris said yesterday that he believes he cannot change the terms of reference of the tribunal because it was—

This was dealt with this morning by Deputy Kenny.

I have a different question for the Taoiseach. As the tribunal was set up as a result of a decision of the House, the judge said he could not unilaterally change what was decided by the representatives of the people. The Taoiseach said it should happen on the initiative of Mr. Justice Morris but he has said it is not for him to take the initiative. Will the Taoiseach—

This has been answered already by the Taoiseach. Repetition is creeping in now.

Will the Taoiseach now consult Mr. Justice Morris with a view to changing the terms of reference and allowing the McBreartys to be included in them?

We will now move on to item No. 14.

Will the Taoiseach make a statement on that? Will the Ceann Comhairle let the Taoiseach answer?

The Taoiseach dealt with the issue already.

He did not deal with that aspect.

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