It is proposed to take No. 12c, motion re Appointment of members to Committee on Members' Interests of Dáil Éireann; and No. 12b, Financial Motions by the Minister for Finance [2002] (Motion 11, resumed). It is proposed, notwithstanding anything in Standing Orders, that No. 12c shall be decided without debate and that the following arrangements shall apply in relation to the resumed debate on No. 12b: the speech of the main spokespersons or a Member nominated in his or her stead for the Taoiseach, the Fine Gael Party, the Labour Party and the technical group who shall be called upon in that order, shall not exceed 40 minutes in each case; the spokespersons for the technical group shall be confined to a spokesperson for the Green Party, Sinn Féin and the Independents; and the speech of each other Member called upon, who may share their time, shall not exceed 30 minutes in each case.
Order of Business.
There are two proposals to be put to the House. Is the proposal for dealing with No. 12c without debate agreed to? Agreed. Is the proposal for dealing with the arrangements for the budget debate agreed to? Agreed.
On the Finance Bill, I raised the matter yesterday of the consequences of the unfortunate death of a Kilkenny woman returning with her child from Dublin because of the necessity to provide speech therapy. Because of the announcement by the Minister for Finance yesterday that an embargo is being placed on the public service recruitment—
Deputy, we are not debating the budget. I will allow a question on the Finance Bill.
This is on the Finance Bill. Will the Finance Bill give approval to the continuation—
It is not appropriate to talk about the content of the Finance Bill. If the Deputy wants to know when it might come before the House, the Taoiseach—
I will put it another way. When will the Finance Bill be introduced which will give effect to the continuous employment of physiotherapists, occupational therapists, speech therapists—
There is a constitutional requirement that the Finance Bill must be introduced within a certain number of days after the budget and we must comply with that. I think it is 90 days.
I call Deputy Rabbitte.
Will the embargo affect speech therapists—
Sorry, Deputy Kenny—
A Cheann Comhairle, it is a valid question.
It is a valid question and there is a valid way of asking it.
On a point of order—
Deputy, we are not going to have disorder this morning.
On a point of order, Deputy Kenny, the Fine Gael party leader, raised a valid question, part of which the Taoiseach answered. The other part of the question remains to be answered. It is a valid question and I ask you to allow the Taoiseach to answer it.
Of course it is a valid question but there is another way to ask it.
There is no other way to ask it.
The content of the Finance Bill—
There is no other way to ask the question.
There are leaders' questions.
As Fine Gael party leader, Deputy Kenny is entitled to an answer now and should not be passed over in that fashion.
Sorry, Deputy—
I have to tell you—
Deputy, you are being disorderly.
I am not being disorderly. I am merely asking you—
Deputy, you are being disorderly.
—to allow the Taoiseach to answer the question raised.
The question is not in order.
I am asking you to allow the Taoiseach to answer the question. The Taoiseach will answer the question if he is allowed to.
Deputy Durkan knows Standing Order 26 as well as the Chair and I refer him to it.
With respect—
Sorry, Deputy, I ask you to resume your seat.
Your interpretation of Standing Orders is restrictive in such a way as—
The Chair has ruled, Deputy.
The leader of the Opposition is not being allowed—
I ask you to study Standing Orders. If you do not understand them, come to my room. I call Deputy Rabbitte.
The leader of the Opposition is—
On a point of order—
I call Deputy Rabbitte. I will hear Deputy Allen's point of order then.
I refer the Taoiseach to the Government's legislative programme for the autumn session circulated by the Chief Whip, Deputy Hanafin. What is the status of this document? In his absence, the Tánaiste advised us that it is not possible to say when the prison services Bill scheduled for 2003 would be taken. She said it was not possible to say when the ground rents Bill would be published as was the case with several other Bills. There is a paucity of legislation before the House and there is no legislation to go to committees. What is the point in circulating the legislative programme for the autumn if there is no legislation? Does the document have any status? Can Deputies on this side of the House rely on it being a schedule and a planned programme of legislation to be brought before the House?
A number of the Bills in section A of the schedule, to which I presume Deputy Rabbitte is referring, were expected to be published at the start of the session up to Christmas. It was published on 7 October and there is a number of Bills on it. Under the Department of Arts, Sport and Tourism, I answered a question asked by Deputy Kenny the other day on the Abbottstown Sports Centre Authority Bill. That will be taken shortly. The National Tourism Development Authority Bill has been published. On the Education for Persons with Disabilities Bill, I explained that further consultation was taking place with the groups. We could publish it but it is better to have the consultation. There are two Bills under the Department of Enterprise, Trade and Employment which are not yet ready. Under the Department of the Environment and Local Government, the Environmental Protection Agency legislation is not yet available. Under the Department of Finance, the Appropriation Bill, the Capital Acquisition (Taxes Consolidation) Bill, the National Development Finance Agency Bill and the Unclaimed Life Assurance Policies Bill have been published.
The Department of Health and Children has a Bill outstanding, the Opticians (Amendment) Bill. I answered a question on that Bill yesterday. It is still awaited and is due to be introduced this session. The Criminal Justice (Terrorist Offences) Bill comes under the Department of Justice, Equality and Law Reform, as does the Criminal Law (Insanity) Bill which has been published and the Proceeds of Corruption Bill which is not yet ready. The Social Welfare (No. 2) Bill was announced yesterday. Some Bills are outstanding, but others are before the House and another few will be published next week. In the Department of the Environment and Local Government a planning Bill will be published in the next day or two.
Given that the same two parties are in Government, including Deputy McDowell, what is the problem about the continuation of the legislative programme?
The Taoiseach has answered that question.
We cannot rely on the document anymore. The Taoiseach has more or less confirmed that. The Tánaiste has said that Bills that are—
I call Deputy Allen on a point of order.
On a point of order, when replying to the leader of Fine Gael yesterday the Taoiseach gave an assurance to this House about the appointment of speech therapists following the tragic case in Kilkenny. In view of the provision in the budget yesterday—
That is not a point of order. I call Deputy Joe Higgins.
It is a point of order.
It is not a point of order. The Deputy will have an opportunity in the budget debate to raise this matter or he can table a question on it.
A Cheann Comhairle—
That is not a point of order. The Chair has ruled on it.
The Chair is attempting to silence me when I have asked a valid question.
The Chair has ruled on the matter. The Deputy knows Standing Orders as well as the Chair. I call Deputy Joe Higgins.
I wish to raise a further point of order. Is the Taoiseach's promise yesterday still valid in view of the embargo on public service recruitment?
I have called Deputy Joe Higgins and I will hear Deputy Allen after Deputy Higgins.
I will start as soon as the class comes to order. Seeing the Taoiseach here this morning I thought it must not be Thursday. It was good of the him to look in on us. The Minister for Finance's three wise men are turning out not to be too wise after all.
Has the Deputy a question appropriate to the Order of Business?
I do. They are proposing the introduction of water charges in 2003. The Tánaiste revisited this well with unhappy results in 1997. Would that non-runner come under the water services Bill or the Finance Bill?
That matter of legislation is not appropriate.
A Cheann Comhairle, I asked about a particular Bill.
No, the Deputy asked about the content of the Bills. Has he a question about when the legislation will be published? The Taoiseach has already answered the first question on the Finance Bill.
On the water services Bill, will the Taoiseach indicate Government thinking on whether it wants to reintroduce water taxes?
Is the water services Bill promised?
There is a water services Bill, but there is no proposal to bring back water taxes. I am sure the Deputy will be disappointed to hear that.
I call Deputy Durkan on a point of order and I hope the matter he wishes to raise is one.
I know the Chair does not want me to be out of order nor do I wish to be. The leader of Fine Gael, Deputy Kenny, raised a pertinent question about promised legislation concerning the impact of the embargo on—
That matter does not arise on the Order of Business.
A Ceann Comhairle—
It is not a point of order. The Deputy will have an opportunity to debate the matter—
There is no other way to raise this question. The Chair is saying to me that if the leader of a party asks a question concerning legislation, the Chair will not allow it.
The Deputy fully understands that a budget debate will follow the Order of Business. He has raised a matter that is in the budget and he will have an opportunity to raise it during that debate. I call Deputy Michael Higgins who has been waiting patiently.
This is pertinent to the impact an embargo will have on the employment of speech therapists. It is as simple as that.
I will ask the Deputy to leave the House if he does not resume his seat. This is the third time he has been disorderly. I call Deputy Michael Higgins.
Last Thursday I asked the Tánaiste about the proposed Refugee Reception and Integration Agency Bill. I had a letter yesterday from his office which suggested that my inquiry had been referred to the Minister for Justice, Equality and Law Reform to whom I had not addressed a question.
Will the Deputy give the Taoiseach a chance to answer the question?
Was the Tánaiste's information to the House last Thursday that this Bill is not now being proceeded with correct? It is usual in the practice of this House that the Taoiseach would indicate in such circumstances that the difficulties involved are constitutional, that the Bill is too big for the Minister to deal with or that the Minister is not interested in it or whatever—
I ask the Deputy to allow the Taoiseach to answer his question.
What are the reasons for the withdrawal of this legislation?
The Tánaiste's information was correct. If it is in order, I will briefly outline the reason. The Minister for Justice, Equality and Law Reform indicated that the most effective way at present of ensuring delivery of services to refugees and others who have been granted leave to remain in the State is by the statutory bodies who co-operate through the agency in co-ordinating delivery of those services, maintaining primary responsibility for them and that there would be no added value at this stage in putting the agency on a statutory basis. That is the reason it is not being pursued.
Will it be removed from the list?
It will.
With regard to the recruitment of an extra 2,000 gardaí promised in the programme for Government, I read this morning that the Minister for Justice, Equality and Law Reform will petition—
Has the Deputy a question on promised legislation?
—the Government with regard to their recruitment. Yesterday we found out that there will be an embargo on recruitment in the public sector. Where do we stand with regard to the recruitment of an extra 2,000 gardaí that were promised under the programme for Government?
I call Deputy Ó Caoláin.
That is a valid question.
It is not a valid question on the Order of Business.
It is.
I call Deputy Ó Caoláin.
It was announced yesterday.
I will be asking the Deputy to leave the House if he does not resume his seat.
On promised legislation, will the Taoiseach press the Minister for Health and Children to bring forward the introduction of the Health Complaints Bill? The need for this is surely underlined by the latest doctoring—
The Health Complaints Bill is to provide a strategy framework for the handling of complaints within the health service. The heads of the Bill are expected in 2003. The Bill will probably be available shortly thereafter.
As Deputy Rabbitte said, the Government is having difficulty producing the legislation which is on the legislation list. However, this morning the Government published a Bill which is not on the legislative list, the Planning and Development (Amendment) Bill, 2002. I wish to ask the Taoiseach a specific question on it. This Bill will change the social housing provision of the Planning and Development Act, yet the Government proposes—
Has the Deputy a question on the Bill?
—to guillotine this Bill next week. I have two questions in relation to that. Having abolished the first-time buyer's grant—
Will the Deputy ask a question?
How is it that a Government which cannot produce legislation for tenants or first-time buyers can produce this legislation in response to the lobby from the building industry? The Government wants to guillotine it next week and has published the Bill without giving us time to consider it. Will the Government agree to the long-standing practice of allowing two weeks between publication of the Bill and Second Stage? Will it agree not to guillotine this Bill when it is debated in the House?
With regard to legislation, I have answered Deputy Rabbitte as fully and completely as I can. I think all the information I gave was correct. However, there is a difficulty and I do not want to make too much of this, as it is a matter for the Whips. We are trying to complete a number of Bills. There are also a number of other Bills on the Order Paper that we would like to see go through which would help in a number of ways, including two or three from my Department. Therefore, there is an amount of legislation to be dealt with. The legislation the Deputy is referring to is published. The Deputy is probably better informed than I am on this matter but there are 40,000 applications in the housing system—
The Government is cutting the money for them.
—and I have heard a lot said in the last few days—
The Government is cutting the social housing provision.
The Taoiseach without interruption.
I have heard much talk in the last few days about people being concerned about housing. If this Bill is not passed in the next fortnight, the permissions that have already been given to 40,000 planning applications will fall. That would cause enormous difficulty in the housing market next year. If the House is really concerned about doing something positive for housing, which I am sure it is, it should pass this Bill next week.
When will the local government rates Bill be introduced to allow us to discuss the—
That question was answered on Tuesday.
It needs to be answered again because the local authorities are in serious financial difficulty—
I call Deputy Eamon Ryan.
—and I want to know what the Government will do about it. Second, when will the medical practitioners Bill be introduced?
The heads of the medical practitioners Bill are expected before Christmas and the Bill will be drafted then.
When will the local government rates Bill be introduced?
That question was answered on Tuesday in reply to Deputy Allen.
Given the widespread public concern about the culture of speeding on our roads, as epitomised by the Minister for Health and Children's car being stopped recently and the Taoiseach's transport arrangements during the election campaign, when will the driver testing agency Bill be introduced? Will Ministers be covered by its provisions?
Is there a Bill? I do not have one listed.
There is a Bill. It is No. 118.
New arrangements were introduced and they are now in place.
The Deputy can put down a parliamentary question on the matter.
In accordance with the Chair's advice to Members earlier this week, there was an excellent non-scripted debate in the House last night from 7 p.m. to 11 p.m. Perhaps the Ceann Comhairle's office could inquire of the Superintendent of the Houses if the Press Gallery was locked during that period as no member of the press appeared there between 7 p.m. and 11 p.m.
That does not arise on the Order of Business.
Is the Deputy saying they were locked or the doors were locked?
There is no need to drag the politicians into this.
They were probably trying to get a few more alcopops before the price went up.
In view of the changes made in the budget in respect of rollover relief and capital allowances, when will the companies consolidation Bill be brought before the House?
It is hoped the Bill will be available in the middle of next year. It is an enormous Bill and contains over 1,000 heads.
I intended to refer to the Bill mentioned by Deputy Gilmore.
I will call your colleague, Deputy Boyle.
I am astounded that the Taoiseach appears to be pandering to his friends in the building industry by wiping out the 20% commitment to social housing.
If the Deputy does not want to let his colleague be called, I will call Deputy Moynihan-Cronin.
Given that the word "disability" only appeared once in the Budget Statement yesterday and that no provision was made for people with disabilities, when will the disabilities Bill be published?
It is due next year. The disabilities Bill lapsed with the dissolution of the 28th Dáil and the Department has been involved in discussions since then. When they are concluded the disabilities Bill will be reintroduced.
The Government will not accept a rights based approach.
I will undertake the difficult task of staying within the Chair's ruling while seeking some useful information. What are the implications of the embargo on public service jobs for the Garda powers Bill? Is it worthwhile progressing with the Bill if there are to be no additional Garda manpower resources?
The criminal justice (Garda powers) Bill is a short Bill. A memorandum will be distributed to the Government before Christmas proposing a number of alterations and additions to the scheme as approved. Legislation will be published next year.
Will they get the manpower?
It is a short list of improvements, too.
After yesterday's court decision with regard to the home birth midwife, Ann Ó Ceallaigh, when will legislation be introduced in relation to maternity support services?
There is no Bill on the list relating to maternity services.
The Deputy should submit a parliamentary question on the matter.
I have questions on two items. The Residential Institutions Redress Board was to begin its work on Monday this week and the Taoiseach told me recently that the regulations under the Act are currently being prepared. However, there are reports in the media today that the chairman of the board has resigned—
That does not arise on the Order of Business.
It affects the regulations, the operation of the board and the assurance we were given that the work would commence this week.
The Deputy had a second question.
There does not appear to be anything in the Finance Bill to reverse the decision to freeze the building of primary and second level schools, which are in an atrocious state.
That does not arise on the Order of Business.
Will anything be done to fulfil the promises made before the election?
I call Deputy Upton.
I had a question on secondary legislation regarding residential institutions.
The regulations are drafted.
What about the operation of the board?
I understand there is no difficulty.
According to a spokesperson for the Minister for Justice, Equality and Law Reform yesterday, the Criminal Justice (Public Order) Bill is on Committee Stage. Has it been fast-forwarded without our knowledge? When will Second Stage be resumed?
If we could make some progress on it, we could proceed to Committee Stage. It is still dragging on.
It is just a democratic hitch.
It is an encumbrance to have to bring it to the Dáil.
That is the way the Deputy thought when he was in Government.
Allow Deputy Ring to speak without interruption. I hope his question is appropriate to the Order of Business.
My questions are always appropriate to the Order of Business. The matter is No. 57 on the Order Paper. Will the Taoiseach put a few acres aside for the Curragh of Kildare Bill? It is time to put it out to stud.
It is scheduled for the middle of 2003. The Bill will consolidate and update the existing legislation, the Curragh Acts, which date back to 1870. The Deputy is right that it is time to update them.
My question relates to the Ombudsman (Amendment) Bill. Is the Taoiseach aware of the conflict between the Minister for Health and Children and the Minister for Finance—
Can the Taoiseach comment on this Bill?
A recommendation was made by the Ombudsman that people—
We cannot debate the philosophy behind the Bill.
—in private nursing homes and community hospitals are entitled under the 1970 Health Act—
I will allow the Taoiseach to answer the Deputy's question.
There are 18 sections in the Ombudsman (Amendment) Bill. The heads of the Bill have been approved by Government and the Bill is being drafted.
Has progress been made in the negotiations with the Vietnamese authorities with regard to adoption? This relates to the adoptive leave (amendment) Bill.
There is no legislation but there are ongoing discussions regarding the matter which, hopefully, will be resolved.