Dáil Éireann debate -
Thursday, 12 Dec 2002

Vol. 559 No. 3

Order of Business.

Minister for Defence (Mr. M. Smith)

It is proposed to take No. 15, motion re Criminal Justice (Drug Trafficking) Act, 1996, back from committee; No. 15b, motion re appointment of Members to the Joint Committee on Broadcasting and Parliamentary Information and the Joint Committee on Standing Orders; No. 15c, motion re referral to joint committee of proposed approval by Dáil Éireann of the EU Council Framework Decision on the Protection of the Environment through Criminal Law; No. 27a, National Development Finance Agency Bill, 2002 – Order for Report and Report and Final Stages; No. 15a, Financial Resolution – Excise Duties on Mechanically Propelled Vehicles, to be taken at 2.30 p.m. with the Order to resume thereafter; No. a1, Planning and Development (Amendment) Bill, 2002 [Seanad] – Second Stage; No. 27, financial motions of the Minister for Finance [2002] (motion 11 resumed), to be taken not later than 6.30 p.m.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. and business shall be interrupted not later than 10.30 p.m. and the sitting shall be suspended between 1.30 p.m. and 2.30 p.m. Nos. 15, 15b, and 15c shall be decided without debate, the proceedings on No. 27a shall, if not previously concluded, be brought to a conclusion at 1.30 p.m. by one question which shall be put from the Chair and which shall in relation to amendments include only those set down or accepted by the Minister for Finance. The proceedings on No. 15a and on any amendments thereto shall, if not previously concluded, be brought to a conclusion after 60 minutes by one question which shall be put from the Chair and the following arrangements shall apply; the speeches, if not previously concluded, shall be brought to a conclusion after 40 minutes and the speeches shall be confined to the Minister for the Environment and Local Government, the main spokespersons for the Fine Gael Party, the Labour Party and the technical group who shall be called upon in that order and shall not exceed 10 minutes in each case; immediately following the speeches the Minister for the Environment and Local Government shall take questions for a period not exceeding 20 minutes.

The Dáil shall sit tomorrow at 10.30 a.m. and shall adjourn not later than 3.30 p.m., there shall be no Order of Business within the meaning of Standing Orders 26(2) and 26(3) and, accordingly, the following business shall be transacted in the following order; No. a1, Planning and Development (Amendment) Bill, 2002 [Seanad] – Second Stage (resumed), which shall, if not previously concluded, be brought to a conclusion at 1.30 p.m.; No. 29, Private Security Services Bill, 2001 – Second Stage (resumed), which shall, if not previously concluded, be brought to a conclusion at 2.30 p.m.; No. 34, Statute Law (Restatement) Bill, 2000 [Seanad] – Order for Report and Report and Final Stages, which shall, if not previously concluded, be brought to a conclusion at 3.30 p.m. by one question which shall be put from the Chair and which shall in relation to amendments include only those set down or accepted by the Minister of State at the Department of the Taoiseach.

An Ceann Comhairle

There are five proposals to be put to the House. Are the late sitting and the suspension of sitting agreed to? Agreed. Is the proposal for dealing with Nos. 15, 15b and 15c without debate agreed to?

Caoimhghín Ó Caoláin

Regarding No. 15, motion re the Criminal Justice (Drug Trafficking) Act, 1996, the law states that the House should decided whether to reactivate sections 2 to 6 having regard to the findings of the Garda report. That provision has been in operation under the Act since 2000. The Garda report was only received at the eleventh hour and it is scanty. It itemises statistics. There is no analysis or correlation of the sets of statistics in relation to a number of very important issues, particularly, with regard to persons charged. The report itself, which is allied to this matter, is meritorious of debate within the House. A very important motion has been brought before us and we would be failing in our duty if we were to adopt it without debate. I appeal for a re-examination of the motion. Members who are familiar with the content of the Garda report will recognise the validity of the points I am making. It is essential that we discuss, debate and analyse exactly what is there.

Mr. Ardagh

On a point of order, this motion was discussed in detail at the Joint Committee on Justice, Equality, Defence and Women's Rights. Any Member of the House is entitled to put his or her point at that committee. Each Member who attended the committee discussed this matter in detail. The report was before the committee at that time.

Caoimhghín Ó Caoláin

As the Deputy is aware the report was received only last Thursday. Given the importance of the issue, and if we are serious about its focus in terms of tackling drug trafficking, this House should address it and should not be dependent solely on the committee. I ask for a reconsideration of the proposal to take this motion without debate. It is incumbent on us to debate it in this House. The matter is so serious it deserves nothing less.

Mr. M. Smith

We have a fairly tight schedule consisting of a number of items. As previously stated this matter was debated very fully in the committee, therefore, we are not in a position to accord it any further time.

Question, "That the proposal for dealing with Nos. 15, 15b and 15c, without debate, be agreed to”, put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 27a, Report and Final Stages of the National Finance Agency Bill, agreed? Agreed. Is the proposal for dealing with No. 15a, motion re Financial Resolution, agreed to?

Mr. R. Bruton

It is totally inadequate to provide one hour for this important motion. Effectively, the Government is introducing a mini-budget in respect of motor taxation. It is proposing to allow one hour to raise over €60 million, that is a rate of €1million per minute, from motorists in a mini-budget. Every day we come into the House we are informed of further budgets and cutbacks or increases in charges. The attempt to pass a motion of this nature through this House by stealth and before Christmas is unfair and unjust to motorists who are already contributing €3,600 million to the Exchequer. This is a further imposition which will add to the costs of inflation at a time when Ministers are looking to workers for a wage freeze. This motion deserves proper debate and we do not accept that it should be rammed through in a guillotined motion in an hour.

Mr. Rabbitte

The Labour Party agrees that this motion cannot be taken. It is effectively a mini-budget. We have just agreed the guillotine on the previous item and there are five more guillotines. This Government Whip is more fond of the guillotine than Madame Lafarge, so early in the life of a Dáil, that we should have six guillotines lined up today. As Deputy Bruton has said, this measure proposes to raise €60 million in revenue for the Government. The Minister for Finance, on budget day, refused to take it on board and told the Minister for the Environment and Local Government, Deputy Cullen, to bring in his own budget. The Minister, Deputy Cullen, is so delighted at being where he is, that he said, "sure, whatever you say, Charlie, I will do it". We are being asked to put through the House in one hour a motion to raise €60 million more from motorists who are already penalised and unable to make their way through our cities and towns. We cannot agree with this, Sir, and I ask the Minister for Defence, Deputy Smith, to exercise his position and cede some time for a serious discussion on this motion. I do not know how he is ahead of the Minister for Agriculture and Food, Deputy Walsh, but we will talk about that afterwards.

Mr. Sargent

An hour will not be sufficient to articulate the various ramifications of this measure and surrounding issues. There has been a freeze on local government spending. Effectively, there has been a cutback in public transport infrastructure. We are aware from Iarnród Éireann that rail lines are closing down. No choice is being given—

An Ceann Comhairle

Will the Deputy please confine himself to the motion before the House?

Mr. Sargent

The motion deserves a great deal more debate. That is the point I am making.

An Ceann Comhairle

The Deputy is also debating the reason he does not want—

Mr. Sargent

There should have been more incentives for bio-diesel and other means should be encouraged.

A Deputy

Is the Deputy seeking to impose a tax on bicycles?

Mr. Sargent

This is a crude instrument designed to claw in money rather than do anything useful.

Caoimhghín Ó Caoláin

The proposition is to have a 60 minute opportunity to discuss what is yet another budget. There is a saying from our childhood, an apple a day keeps the doctor away. A budget a day from this Government is not only wrecking the heads of the people of this State—

Mr. Cullen

Does the Deputy want any real local government in this country? Is it only a pretence?

Caoimhghín Ó Caoláin

—the reality of it is that it is a budget a day from this House—

(Interruptions).

An Ceann Comhairle

Allow Deputy Ó Caoláin without interruption.

Caoimhghín Ó Caoláin

What else has he in his pocket? Take it out and let us see it. A budget a day is wrecking the heads of the people of this State and in many other ways—

Mr. Cullen

It is typical.

Caoimhghín Ó Caoláin

The Minister, Deputy Cullen, is very uncomfortable when the facts are put to him. This time for the motion needs to be extended in the interests of the hard pressed motorist and all who depend on goods traffic, distribution and delivery. They need a substantive debate and a Government climb down on the punitive measures being introduced on a daily basis.

Deputies

Hear, hear.

Mr. M. Smith

Some 45 minutes of debate was accorded to each of the Financial Resolutions in the budget. An hour is being given to this important resolution which is a significant element in how local authorities are funded.

Mr. Allen

Rubbish.

Mr. M. Smith

You are coming in—

An Ceann Comhairle

The Minister should address his remarks through the Chair and it might not provoke interruption.

Mr. M. Smith

Deputies come in here every day and ask us to spend more money on the county roads and then want to vote against every provision that provides the money to do that. They cannot have it both ways.

Mr. D. Ahern

Deputies want it both ways.

Question put: "That the proposal for dealing with No. 15a be agreed to.”

Tá

Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Blaney, Niall.Brady, Johnny.Brady, Martin.Browne, John.Callanan, Joe.Callely, Ivor.Carty, John.Cassidy, Donie.Collins, Michael.Coughlan, Mary.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.

de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fleming, Seán.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Haughey, Seán.Healy-Rae, Jackie.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.Kelly, Peter. Killeen, Tony.

Tá–continued

Kirk, Seamus.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Nolan, M.J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Dea, Willie.O'Donnell, Liz.

O'Donoghue, John.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Dan.Walsh, Joe.Wilkinson, Ollie.Wright, G.V.

Níl

Allen, Bernard.Boyle, Dan.Breen, James.Breen, Pat.Bruton, Richard.Burton, Joan.Connolly, Paudge.Coveney, Simon.Crawford, Seymour.Deasy, John.Durkan, Bernard J.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Harkin, Marian.Healy, Seamus.Higgins, Joe.Higgins, Michael D.Hogan, Phil.Lynch, Kathleen.McCormack, Padraic.McGinley, Dinny.McGrath, Finian.

McGrath, Paul.McManus, Liz.Mitchell, Olivia.Morgan, Arthur.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Perry, John.Rabbitte, Pat.Ring, Michael.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and Batt O'Keeffe; Níl, Deputies Durkan and Stagg.

Question declared carried.

An Ceann Comhairle

Is the proposal for the sitting and business of the Dáil tomorrow agreed to?

Mr. R. Bruton

Once again, I have to object to the manner in which the Planning and Development Bill is being handled. This is another guillotine motion. To call the Government's housing policy a stop-go exercise would be a generous interpretation. It is more like a dog stopping at every lamppost. One year, investors are supported magnificently; the next year, first-time buyers are screwed to the ground; now the 20% allocation of social and affordable housing—

(Interruptions).

An Ceann Comhairle

Deputy Bruton without interruption.

Mr. R. Bruton

—has been removed at a stroke. The Government does not seem to know what it wants to do in the area of housing. However, it is clear that the people who will suffer are those on the social housing waiting list, those seeking affordable houses and first-time buyers. They are the consistent losers in the Government's housing policy. More time is needed for debate on this issue before we allow the Government to proceed with its ill fated and ill thought out housing development policies.

Mr. Gilmore

This Bill was published only last week. Normally, two weeks are allowed between publication of a Bill and the taking of Second Stage. We have not been given that facility on this occasion. The Government now proposes to rush the Bill through the House before Christmas. This Bill will ultimately cost Irish taxpayers about €1 billion for the purchase of 16,000 replacement sites to be handed back to the private building industry under the Bill. There are other provisions in the Bill, apart from the social housing provisions, which require detailed consideration by the House, including a new proposal by the Government for the zoning of land at local area plan stage. This is quite a detailed Bill which requires detailed consideration by the House. It is not acceptable that it should be guillotined tomorrow. The Labour Party will oppose such a guillotine.

Mr. Sargent

This serious matter is not one to be guillotined. It is particularly ironic at this time of year, with such a serious situation of homelessness, that we are presented with what is essentially a builders' Bill. The builders told the Government to jump and the Government simply asked: "How high?" This is not an acceptable Bill. We should be addressing the issue through the Kenny report and more radical reform of land prices and the provision of houses. The extent of the homelessness problem indicates the poor effort of the Government regarding housing. I object to this Bill being taken in advance of the delivery of a clear strategy to end homelessness.

Caoimhghín Ó Caoláin

The Planning and Development (Amendment) Bill, 2002 – perhaps better described colloquially as the Ailesbury Road (Amendment) Bill – is a complete reversal of a commitment already given to address the housing crisis in this country. For the 50,000 household units on housing waiting lists throughout the country, hoping for some panacea to relieve their daily crisis and distress, this Bill offers nothing more than an opportunity for developers to buy their way out of a commitment to a legislative requirement. That is an absolute disgrace. The guillotining of this Bill only compounds the hurt and distress of families.

Mr. M. Smith

There is a clear urgency in having this Bill passed before the end of this year as, otherwise, some 40,000 planning applications would wither. The flexibility provided for in the Bill will give local authorities a much greater opportunity to meet the needs of social and affordable housing—

(Interruptions).

An Ceann Comhairle

The Minister without interruption.

Mr. M. Smith

The outcome of this may come as a surprise to some Deputies. I am surprised at Fine Gael Deputies—

(Interruptions).

Mr. M. Smith

—who were against this provision and are now changing their minds—

(Interruptions).

An Ceann Comhairle

I will put the question.

Question put: "That the proposal for dealing with No. 5 be agreed to."

Tá

Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Blaney, Niall.Brady, Johnny.Brady, Martin.Browne, John.Callanan, Joe.Callely, Ivor.Carty, John.Cassidy, Donie.Collins, Michael.Coughlan, Mary.Cowen, Brian.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.

Hanafin, Mary.Haughey, Seán.Healy-Rae, Jackie.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Nolan, M.J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Dea, Willie.O'Donnell, Liz.O'Donoghue, John.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Fiona.O'Malley, Tim. Parlon, Tom.

Tá–continued

Power, Peter.Power, Seán.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.

Wallace, Dan.Walsh, Joe.Wilkinson, Ollie.Woods, Michael.Wright, G.V.

Níl

Allen, Bernard.Boyle, Dan.Breen, James.Breen, Pat.Bruton, Richard.Burton, Joan.Connolly, Paudge.Coveney, Simon.Crawford, Seymour.Cuffe, Ciarán.Deasy, John.Durkan, Bernard J.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Harkin, Marian.Healy, Seamus.Higgins, Joe.Higgins, Michael D.Hogan, Phil.Lynch, Kathleen.McCormack, Padraic.McGinley, Dinny.McGrath, Finian.

McGrath, Paul.McManus, Liz.Mitchell, Olivia.Morgan, Arthur.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Rabbitte, Pat.Ring, Michael.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and B. O'Keeffe; Níl, Deputies Durkan and Stagg.

Question declared carried.

Mr. R. Bruton

The education for persons with disabilities Bill is part of the Fianna Fáil manifesto and provides that, in respect of children with a disability, there will be an appeals mechanism wherever a child feels there is inadequate service. However, without any consultation with the parents or children involved or apparent provision for an appeal mechanism, the Minister proposes to cut back on the provision—

An Ceann Comhairle

Does the Deputy have a question on legislation?

Mr. R. Bruton

What is the status of the legislation relative to the Minister's decision to proceed with cutbacks in the area? I also wish to raise the medical practitioners Bill, which is designed to achieve best practice in relation to health services. We learnt today of the sad death of a child in Cavan hospital as a result of inadequate facilities to treat—

An Ceann Comhairle

That does not arise under the medical practitioners Bill and we cannot discuss the content of legislation.

Mr. R. Bruton

The House wants the opportunity during the course of the day to discuss the issue.

An Ceann Comhairle

The House will have an opportunity – I have already allowed a Private Notice Question on the matter.

Mr. M. Smith

The consultative process is still ongoing regarding this legislation. There are no cutbacks in this area and substantial progress has been made recently which is without parallel in the past.

Mr. R. Bruton

Will the Minister allow those—

An Ceann Comhairle

Sorry, Deputy. Allow Deputy Rabbitte to ask his question.

Mr. Rabbitte

More than 250 workers have lost their jobs in the Minister's own constituency in Roscrea. This is the fourth time I can recall in recent times that workers have been let go with only their basic statutory entitlements. What is the position on the redundancy payments Bill? The Taoiseach told the House on a number of occasions that it is imminent but it is not on the list so the Minister will not find it. Is the Taoiseach just spinning a line again?

An Ceann Comhairle

The Deputy has asked a question. He should allow the Minister to respond.

Mr. Rabbitte

Is a redundancy payments Bill pending?

Mr. M. Smith

On 15 October 2002, the Government approved the drafting of the heads of the Bill so it will be next year.

Mr. Stagg

On a point of order. I am not sure, but there may have been a mistake in procedure. No. 5 regarding tomorrow's sitting does not seem to have been dealt with.

Mr. M. Smith

It was dealt with.

An Ceann Comhairle

There was a vote on No. 5. The result was 77 to 51.

Mr. Stagg

I thought that was on No. 4.

An Ceann Comhairle

There was a vote on No. 4, the result of which was 73 to 50.

Mr. Stagg

Is that because of the word "and" between the items? I have been a whip for a long time and that is new procedure as far as I am concerned. I have never seen two major issues stuck together with a single word and passed by the House. It is most unusual.

An Ceann Comhairle

The next day's business is always dealt with in one unit.

Mr. Stagg

Yes, but separately.

An Ceann Comhairle

The different items are dealt with separately. If the Deputy would like to come up to my office, we can discuss the matter.

Mr. D. Ahern

Come up and see me sometime.

Mr. Gormley

In light of the tragedy which occurred in Cavan yesterday, what is the position with the maternity protection (amendment) Bill? Does the Minister agree that the Government should be doing more to protect the lives of expectant mothers?

An Ceann Comhairle

We cannot discuss the content of the Bill.

Mr. M. Smith

The Bill is being drafted. It will be published in early 2003.

Ms O. Mitchell

In view of the tragedy that occurred yesterday in Cavan hospital and the total absence of political leadership on the issue of the role and designation of hospitals, when will the hospital agencies Bill be published or will it be used indefinitely as an excuse for inaction?

(Interruptions).

An Ceann Comhairle

I will allow the Minister to reply to Deputy Mitchell and I will call Deputy Gilmore.

Mr. M. Smith

There is no such legislation.

An Ceann Comhairle

There is no legislation promised.

Ms McManus

On a point of order. This legislation has been promised under the health strategy.

Mr. Martin

It has not.

Ms McManus

Without legislation it is meaningless.

Mr. Allen

There will be no such thing as hospitals either.

Mr. Gilmore

The list of legislation the Government published almost two years ago, on 25 January 2001, indicated that the Housing (Private Rented Sector) Bill would be published in summer 2002.

An Ceann Comhairle

That issue was dealt with yesterday. The Deputy is being repetitive.

Mr. Gilmore

My question arises from the reply I received yesterday. All through last year I was told that Bill would be published in 2002.

Mr. M. Higgins

That is right.

Mr. Gilmore

Yesterday the Taoiseach told me that it will be spring before it is published. Why is this Bill being constantly postponed?

An Ceann Comhairle

The question was answered. We are moving on to Deputy Joe Higgins.

Mr. Gilmore

No, a Cheann Comhairle. I was given information yesterday which was new information to the House.

An Ceann Comhairle

You should have raised it yesterday, Deputy.

Mr. Gilmore

You would not let me do so and that is why I am asking today. Why is the Bill constantly being postponed?

An Ceann Comhairle

The Deputy should submit a parliamentary question on it. The question was dealt with yesterday.

Mr. M. Smith

The Bill is virtually imminent – a couple of weeks.

Mr. Gilmore

Virtually imminent? We will come back to it.

Mr. J. Higgins

A building worker died tragically yesterday on a building site in County Louth. This is the second building worker to have died in as many days in a tragic accident.

An Ceann Comhairle

Does the Deputy have a question on legislation?

Mr. J. Higgins

I have, a Cheann Comhairle.

An Ceann Comhairle

What legislation?

Mr. J. Higgins

These accidents occurred on what is routine construction work. It is simply not good enough – not right or just – that workers should die in such circumstances. Their families have been devastated. What does the Minister have to say about the Safety, Health and Welfare at Work Bill which will amend safety legislation?

An Ceann Comhairle

That was raised by Deputy Hogan on Tuesday and was dealt with by the Taoiseach.

Mr. J. Higgins

Yes, but this is a new development, a new tragedy. Can we have the response of the Government on the legislation?

An Ceann Comhairle

I am sorry Deputy but the Bill has not changed since Tuesday. I call the Minister on the Bill.

Mr. M. Smith

Early in 2003.

Mr. Crawford

I welcome the fact that you are allowing a special notice question, tabled on my behalf and that of others, to be debated later on, a Cheann Comhairle. However, it will only provide a limited opportunity to discuss the tragic situation. When will the health complaints Bill come before the House so we can have a full debate on this tragedy and all the other problems related to health?

An Ceann Comhairle

I call the Minister on the health complaints Bill.

Mr. Crawford

The problems of the health sector have been completely ignored.

An Ceann Comhairle

Please allow the Minister to answer your question, Deputy.

Mr. M. Smith

The heads of the Bill are expected early in 2003.

Ms O'Sullivan

Deputy Richard Bruton raised a question concerning the Education for Persons with Disabilities Bill. Is the Minister's review concerning resource teachers and special needs assistants, part of the reason the Bill was chopped from the A-list of Bills that were meant to be published during this session? We were told there was consultation but it has been completed. Is this review part of the reason the Bill has been deferred and will it affect the contents of the Bill?

Mr. M. Smith

I have already emphasised that there are no cutbacks in this area. The consultative process is ongoing and when it is completed the Bill will be published.

Ms O'Sullivan

When will the review be completed?

Mr. M. Smith

It has not yet been completed.

Aengus Ó Snodaigh

The Government has failed to signal so far that it will sign bilateral impunity agreements with the United States or other countries. This is a serious matter which calls into question the Government's commitment to the International Criminal Court.

An Ceann Comhairle

Does the Deputy have a question on legislation?

Aengus Ó Snodaigh

In this context, when can we expect to see the International Criminal Court Bill, which would give effect in domestic law to the Rome Statute, pursuant to the constitutional amendment of June 2001?

Mr. M. Smith

Early in 2003.

Mr. Timmins

I note in today's Irish Farmers' Journal that one of the architects of An Agreed Programme for Government, the Minister of State at the Department of Finance, has sought to disassociate himself from the budget's roll-over tax relief measure. In view of that and with respect to a motion on the Order Paper dealing with agriculture, will the Minister allow some time to discuss how a raging bull has turned into a pussy cat?

Mr. N. Dempsey

There is no legislation, anyway.

Ms McManus

Figures were published today which show that the number of vacancies in nursing is still more than 1,000. This is only a slight reduction over a few years ago and has a direct impact on patient care and empty beds.

An Ceann Comhairle

Does the Deputy have a question on legislation?

Ms McManus

It is even reported to have had an impact on the sad event that occurred at Cavan Hospital. When will the Minister bring forward the Nurses Bill? It has been promised for a long time, yet we do not expect to see it until 2003. That is simply unacceptable. Will the Minister bring it forward sooner?

Mr. M. Smith

The heads of the Bill are expected in 2003.

Mr. Coveney

Last night the Government announced a €43 increase in the television licence fee. I raised this issue yesterday. Will the House have an opportunity to debate this issue and the funding of public service broadcasting generally, before the end of the year?

An Ceann Comhairle

Does the Deputy have a question on legislation?

Mr. Coveney

This is effectively another mini-budget, just like the increases in road tax.

An Ceann Comhairle

If the Deputy has a question on legislation I will hear it, but if not I am moving on to Deputy Sargent.

Mr. Durkan

There has to be legislation concerning this matter.

Mr. Coveney

We have a right to debate the consequences of this increase.

An Ceann Comhairle

Is any legislation promised?

Mr. M. Smith

No.

Mr. Coveney

Will we have an opportunity to debate the €43 increase, which will have serious consequences for the cost of living?

Mr. M. Smith

No legislation is required for the increase, but there will be a raft of new legislation over the next 12 months, including proposals in that regard.

Mr. Crawford

A life-raft.

Mr. Sargent

The National Disability Authority seems to be in disarray with its chairperson not even attending the consultation process established by the Taoiseach.

An Ceann Comhairle

A question on legislation, Deputy.

Mr. Sargent

Legislation needs to be brought forward urgently. In light of the decision to spend up to €25,000 on a Christmas party, it seems their priorities are completely at variance with the needs of people with disabilities. The Disability Bill is there to provide measures for equal participation by people with disabilities, and it is badly needed. The chairperson of the National Disability Authority should resign.

Mr. M. Smith

A consultation process is ongoing in relation to this legislation.

Mr. Sargent

Will she attend the consultation process?

Mr. M. Higgins

Will the Minister indicate when the outstanding legislation to ratify the international agreements combating terrorism will be brought before the House? There are 12 such agreements, five of which have been dealt with by the Government.

The comprehensive nuclear test ban treaty Bill is expected to be published in 2003, but why has there been such difficulty in drafting that legislation? We have hardly been developing a nuclear capacity in the past 12 months, or weapons of mass destruction.

Mr. Naughten

One never knows.

Mr. Coveney

Maybe that is where all the money has gone.

Mr. M. Smith

It will be published in 2003.

Mr. M. Higgins

Do I take it the seven outstanding international agreements on combating terrorism will be dealt with by legislation in 2003?

Mr. M. Smith

No, I was answering a specific question on the comprehensive nuclear test ban treaty Bill.

Mr. M. Higgins

The other question about which I asked the Minister related to—

Mr. M. Smith

That is being published in this session.

Mr. M. Higgins

All seven before Christmas?

Mr. M. Smith

Yes.

Mr. M. Higgins

That is a wonderful achievement seeing that it has taken 30 years to produce one of the other ones. Is the Minister saying there will be legislation on all seven outstanding international agreements on combating terrorism before we adjourn at the end of next week?

Mr. Allen

No, that is next year's business.

Mr. M. Smith

Not on all seven.

Mr. M. Higgins

I do not know what the Minister is saying.

Mr. M. Smith

The Criminal Justice (Terrorist Offences) Bill, the Criminal Law (Insanity) Bill, and the Proceeds of Corruption Bill.

Mr. M. Higgins

I am not asking about those. After 11 September last year, at the United Nations, countries were asked under resolution 136A, referred to in resolution 1373, to ratify as far as possible the different international treaties and conventions to which we have a responsibility. I am trying to be helpful. At that time we had ratified five out of 12. My understanding is that we are prepared to ratify six out of 12, so I am asking when these international commitments we have made will be the subject of legislation?

Mr. M. Smith

The Criminal Justice (Terrorist Offences) Bill is being published this year.

Mr. M. Higgins

That is not what I am asking about.

Mr. M. Smith

It is one of the Bills for which the Deputy is asking.

Mr. M. Higgins

No.

Mr. M. Smith

It is.

Mr. M. Higgins

That is No. 6, but how about the others? In order to be helpful, a Cheann Comhairle, these were the subject of a discussion recently at the Joint Committee on Foreign Affairs, under the chairmanship of Deputy Woods.

Mr. M. Smith

The best I can do is to obtain a specific note for Deputy Higgins.

Mr. Neville

The Minister did not clarify when the promised national hospital agency Bill will be introduced. Is it being abandoned?

An Ceann Comhairle

The matter was dealt with already this morning.

Mr. M. Smith

It is not on the list. As I understand it, no such legislation has been promised.

Mr. Durkan

Never? Surely, there should be some urgency about introducing such a Bill.

An Ceann Comhairle

The Chair has no control over such matters.

Mr. Allen

There is no Bill.

Mr. Durkan

No Bill?

Mr. Naughten

No.

An Ceann Comhairle

Deputy Upton, without interruption, please.

Dr. Upton

There is major concern in the universities and other third level institutions about the reduction in funding for research. When will the industrial development (science foundation)(Ireland) Bill be introduced?

Mr. M. Smith

Early in 2003.

Mr. Allen

A report commissioned by the Government and received by it in March on the security of the electronic voting system has raised serious questions.

Minister for the Environment and Local Government (Mr. Cullen)

It did not.

Mr. Allen

The Minister was unable to answer questions on the matter.

An Ceann Comhairle

That issue was dealt with by way of an Adjournment matter.

Mr. Allen

Will the Minister publish that report?

An Ceann Comhairle

The Deputy should submit a question on the matter. It is not appropriate to the Order of Business.

Mr. Allen

Will the Minister publish the report? Why should it be suppressed?

An Ceann Comhairle

I suggest the Deputy raises that matter by way of a question.

Mr. Allen

The Minister is here, he should give us an answer.

Mr. Cullen

The Deputy did get an answer.

Mr. Allen

Will the Minister publish the report?

An Ceann Comhairle

Deputy Allen is being disorderly.

Mr. Durkan

There was a Mickey Finn in the budget.

An Ceann Comhairle

Please allow the Order of Business to continue in an orderly manner.

Mr. Allen

Publish the report.

Ms Lynch

Given the delays in the Office of the Ombudsman in dealing with appeals under the Freedom of Information Act, will the Minister outline what steps are to be taken in the Ombudsman (Amendment) Bill to provide additional personnel to ensure such delays no longer occur?

Mr. M. Smith

Next year.

An Ceann Comhairle

Deputy Naughten on announcements by the Minister of State at the Department of the Taoiseach.

Mr. Naughten

Over ten years ago, a Fianna Fáil-led Government announced decentralisation of the general registry office to Roscommon town. The Civil Registration Bill must be passed to allow that decentralisation to take place. When will that Bill come before the House and when will decentralisation take place?

Mr. Allen

Before the next election.

An Ceann Comhairle

The first question is in order, the second is not.

Mr. M. Smith

The heads of a Bill were approved early last year. It is proposed to introduce the Bill early next year.

Mr. Naughten

Perhaps the Minister might look at the opticians Bill.

Mr. M. Higgins

It is on the raft.