The Order of Business shall be No. 13a, motion re amendments to Standing Orders; No. 21, Railway Safety Bill 2001 – Second Stage, resumed, and No. 1, Digital Hub Development Agency Bill 2002 [Seanad] – Second Stage. It is proposed, notwithstanding anything in Standing Orders, that No. 13a shall be decided without debate.
Order of Business.
Is the proposal for dealing with No. 13a agreed? Agreed.
Does the Tánaiste agree with the Taoiseach's intention to keep Cabinet papers older than five years secret? In that context—
That does not arise on the Order of Business.
It does, in this context, a Cheann Comhairle.
Has the Deputy a question appropriate to the Order of Business?
This is appropriate. Does the Tánaiste agree with the Taoiseach who intends to keep Cabinet papers older than five years secret? In that context, when will the freedom of information (amendment) Bill be published?
The second part of the question is in order.
It is intended to publish the Bill in this session.
I call Deputy Rabbitte.
Does the Tánaiste agree with the Taoiseach?
I agree that—
That does not arise. Ministers are expected to obey the orders of the Chair in the same way as I expect Deputy Kenny to do so.
This is a cover-up on the actions of the Government.
(Interruptions).
Deputy Kenny is out of order. I call Deputy Rabbitte.
A cover-up.
Deputy Kenny, please allow Deputy Rabbitte to speak.
Will the Tánaiste comment on the matter raised by my colleague, Deputy Sherlock, in respect of the devastation of Youghal, the fact that industrial employment was down 18,000 last year and redundancies have doubled since the year 2000? When will the redundancy payments Bill come to the House? Is the Tánaiste aware of newspaper reports to the effect that some employers who are down-sizing are bringing forward redundancies to evade the terms of the legislation? Is it her advice that the legislation could have retrospective effect?
The question on when the legislation will come before the House is appropriate.
I will bring proposals to Cabinet in the next fortnight in relation to legislation and it will be published very quickly.
Will the Tánaiste arrange for Government time for a debate in the House on the scale of job losses and the economic downturn?
That matter can be dealt with between the Whips.
Will the Tánaiste ask the Whips to provide time?
Deputy Rabbitte must appreciate that if the Chair allowed every Deputy to ask the Taoiseach, the Tánaiste or the Minister responding on the Order of Business if they will allow time for a debate on issues of concern to Deputies, we would be on the Order of Business all day.
Maybe we should.
The matter can be discussed between the Whips. I call Deputy Sargent.
Will the Tánaiste make Government time available to discuss the current industrial job losses?
I, too, would like an answer to Deputy Rabbitte's question. I also have a question on promised legislation.
Is it in order, on the Order of Business, for Members to ask about the business of the House?
Yes.
The leader of the Labour Party has just asked if the Government will consider certain business for discussion in the House. I do not see how that can be out of order on the Order of Business.
The Order of Business, for the benefit of the House, involves the taking of business which has been promised, including legislation promised within or outside the Dáil, the making of secondary legislation, arrangements for sittings and when Bills or other documents on the Order Paper needed in the House will be circulated—
That is it, arrangements for sittings.
—and subject to the provision that the Taoiseach may defer replying to a question relating to the making of secondary legislation to another day.
That is wide open.
Yes, it is wide open for what is in the Standing Order but we cannot go outside the Standing Order.
There are several places where Deputy Rabbitte's question would be in order under what you read out, a Cheann Comhairle. It is a bad situation when the leader of a party cannot suggest to the Government that it might provide for a particular issue.
The point I made to Deputy Rabbitte is that the House has to be fair to every Deputy. If one allowed one Deputy to raise issues in that manner, one would have to allow every Deputy to do so.
The House gives special positions to party leaders.
There are long-standing rulings by my predecessors.
On that point of order, leaders have special positions under Standing Orders. They are allowed to ask one question on the Order of Business, to raise one issue.
No, Deputy.
On the Order of Business, they are. Nobody else is allowed to come in behind them.
I suggest that the Deputy requests the sub-committee on Dáil reform to amend Standing Orders and the Chair will be pleased to implement them.
Dáil reform is a joke.
I hope the Tánaiste will take the opportunity of answering Deputy Rabbitte's question at this point. Before I ask my question on promised legislation, I wish to point out that I will be asking it in Irish in case anybody wants to take advantage of the headphones provided – I found mine underneath my bench. Beidh mé ag bualadh le roinnt eagrais Gaeilge inniu agus tá a fhios agam go mbeidh ceist acu mar gheall ar Bhille na Gaeilge. Tá an Bille sa Seanad anois ach níl aon freagra faighte againn go fóill ar na ceisteanna go léir a cuireadh mar gheall ar an Bhille sin agus ar cathain a bheidh sé sa Dáil. Ba mhaith liom a fháil amach inniu, roimh an chruinniú sin, an bhfuil aon phlean ag an Rialtas an Bille sin a thabhairt isteach i gceann seachtaine nó dhó. Tá sé reidh agus b'fhearr liom dáta a fháil inniu más féidir.
Clearly it will be brought to the Dáil when it is completed in the Seanad, but the amendments are being prepared for Committee Stage in the Seanad.
On promised legislation, the Taoiseach told the Dáil on 19 November last that a working group of officials from a number of Departments had drawn up legislative proposals to implement the recommendation of the 1999 Victims Commission that there should be a trust fund for victims of the conflict in this jurisdiction. He said these proposals were with the Minister for Justice, Equality and Law Reform.
Does the Deputy have a question on legislation?
This is the question. He said they are with the Minister for Justice, Equality and Law Reform and would be submitted to the Government before the end of last—
Does the Deputy have a question on legislation? The Deputy cannot make a Second Stage speech.
This is what the Taoiseach stated in response to a question on promised legislation.
Sorry, Deputy, I am moving on to Deputy Richard Bruton.
With respect, a Cheann Comhairle, I am asking for confirmation from the Tánaiste.
I call Deputy Richard Bruton. Deputy Ó Caoláin, you should resume your seat if you do not come to legislation.
It is unfair that a question relevant to legislation is being ruled out of order. I am trying to elicit from the Tánaiste—
The Chair is not ruling your question on legislation out of order.
—if the Taoiseach's commitment has been followed through and if there is legislation regarding those who have suffered over those years, not least the victims of the Dublin and Monaghan bombings of 1974, to be presented to this House, which is long overdue.
I am pleased to know that the Deputy is concerned about the victims and about establishing a fund for them.
The Tánaiste need not doubt it. She might answer the question.
We have every reason to doubt it. The Deputy helped create a large number of victims.
(Interruptions).
Would the Deputy like to make a contribution to it?
If legislation is necessary, it will be forthcoming. There is no legislation promised in this area.
That is a disgrace.
The House will have heard that there was another shooting in Finglas last night. This comes in the wake of a fourfold increase in violent assaults on the northside in the past three years. In respect of the 50 Bills the Minister for Justice, Equality and Law Reform has on the Government programme, would it not be better for him to devote his attention to enforcing exist ing laws rather than spending so much time drafting new laws? We need to see the issue of violence in the city addressed.
What is the score now?
The Minister can laugh. He lives on the southside. He hardly ever visits the northside.
A Cheann Comhairle, I am anxious to stay within your rulings and to be in order, but there are numerous precedents where Deputies from both sides of the House have asked the Taoiseach, the Tánaiste or whoever is taking the Order of Business for special debates on a number of issues, for instance, Northern Ireland, Iraq or other pending issues of great importance. Few issues are of greater importance at present than the economic situation and the job losses which have been faced and are about to be faced. Can I ask, I hope in order and in equal seriousness, whether the Tánaiste would be prepared to schedule an emergency debate on the actions to be taken—
I have already ruled on that to Deputy Rabbitte. In fairness to Deputy Rabbitte—
Why, sir, is it not in order—
I have ruled on that matter. That matter has been dealt with.
—when a request on other issues, such as Northern Ireland or war, are in order? How could it possibly be right to be selective on issues of great urgency?
That can be discussed by the Whips. I call Deputy Stanton.
When the Tánaiste, who has responsibility for joblessness, is taking the Order of Business, she should request in a constructive way that we can respond to the haemorrhaging of jobs and give some respite to people, like those in Youghal, who are faced with bleak futures. We must make ourselves relevant as a Parliament.
Deputy Howlin, allow Deputy Stanton to speak.
Costs being incurred by businesses are a major factor in the closures which have been mentioned. When will we see legislation to deal with the high cost of insurance? Is it true that the Bill to reform the law on personal injuries has been put off until 2004 and that we will see nothing from the Government until 2004?
On the legislation promised.
The Tánaiste's own Department is responsible for this. She has personal responsibility for insurance reform and nothing is happening. Jobs are being lost left, right and centre.
Would the Deputy allow the Tánaiste to answer his question?
There are hundreds of people on the dole and Ministers sit there laughing. The situation is serious.
To put things in perspective, the rate of unemployment in Ireland is almost half that in the EU.
Tell that to the people in Youghal this morning.
And the hundreds of people who work in CPV and Lissadel in County Monaghan.
As we saw from an independent forecast last week, 100,000 jobs will be created here in additional employment over the next four years.
The Tánaiste should come back to the present.
(Interruptions).
Will the Tánaiste answer the question on when the legislation will come before the House?
Come back to this planet.
Deputy Stanton, allow the Tánaiste to answer your question.
I wish the Deputies opposite would stop getting on to me for work permits for people to come in from outside the EEA, if there are such pressures here.
Another distraction. The Tánaiste made a mess of that as well.
Tánaiste, I would ask you to deal with the question on legislation and we will find another way of dealing with the other issues.
What about insurance reform?
That legislation will be published this year.
Rubbish. When this year?
Later this year.
Rubbish.
Given the major problems facing young people in obtaining a driving test, when will the driving test agency Bill come before the House?
I understand it will be next year.
What date next year?
A Cheann Comhairle, this is a matter close to your own heart. Many of the roads along the Border with Northern Ireland have become rat runs due to the number of people with yellow number plates who are ignoring the road traffic laws of this country. When will we see the secondary legislation of the Road Traffic Act 2002 to attach penalty points to Northern Ireland and non-resident drivers on our roads?
That is a question about regulations.
I understand that matter is being examined by the Minister for Transport.
On 28 January, a Cheann Comhairle, you disallowed a question which I had tabled to the Minister for the Environment and Local Government regarding the facilities which exist in the State for the recycling of glass, on the grounds that the Minister has no official responsibility to the Dáil on this matter. Given that the Ardagh glass recycling plant was closed prior to Christmas with the loss of 300 jobs and that there is now no facility in the State to recycle glass, is it the case that I cannot raise this question in the House and that the Minister for the Environment and Local Government will not take responsibility and answer to the House—
That does not arise on the Order of Business.
—regarding the recycling of glass? Which Minister will answer a question about facilities for recycling glass?
That does not arise on the Order of Business.
It does arise. Three hundred workers who were gainfully employed lost their jobs when the Government presided over the closure of the Ardagh Glass Company.
That does not arise on the Order of Business.
Who will answer the question?
I call Deputy Durkan.
Will the Minister for the Environment—
I call Deputy Durkan.
This is incredible. The Minister for the Environment and Local Government will not answer a question in the House about recycling.
The Deputy is being disorderly. I ask him to resume his seat.
If he does not answer a question about recycling, what question will he answer?
I have not refused to answer a question.
Who will answer it? I put down a question and the Minister will not answer it.
The Deputy can put down a question on recycling.
If I resubmit the question, will the Minister reply?
This is a farce.
Put down a question on recycling.
If the Minister says he will answer the question, a Cheann Comhairle, why is it being rejected in your office?
If Deputy Gilmore wishes to come to my office, I will discuss the matter with him. I call Deputy Durkan.
Is the Minister saying—
Come up and see me sometime.
The Minister for Arts, Sport and Tourism wishes to answer.
The Mae West solution.
Is the Minister saying that if Deputy Gilmore tables the question again, he will answer it?
We are not debating that on the Order of Business.
The Minister said he would answer the question but the Chair is stopping him.
What progress has been made in the preparation of the health and social care professionals Bill? To what extent has it been advanced? It is No. 33 on the list.
It will be published later this year.
What progress has been made? It is just an aspiration.
No, it is a commitment.
I wish to ask about two Bills on the list. The first is the safety, health and welfare at work Bill, which will amend and consolidate the Safety, Health and Welfare at Work Act 1989. It is a scandal that in 2003 workers have to hold public demonstrations to establish safety in the workplace, particularly given that the Government has rejected legislation on this which was prepared by my party. The second Bill caused me more difficulty. It is No. 51 and is described as the radio communications Bill, which, it is suggested, is new legislation to "allow for a more modern and liberal approach to the environment". Perhaps the Tánaiste will deconstruct that phrase. Is it a more liberal approach to the environment in the physical sense where there will be masts everywhere or is it to follow her ideological prescription that one must drive out every aspect of State and accountable broadcasting? Which of the evils is it?
It is not a matter for me to interpret legislation at this point.
The Tánaiste just stuck in the phrase.
The health and safety at work Bill will be published early this year. It will substantially increase the penalties.
It will see off the people who are objecting.
According to today's Order Paper, one of the documents laid before the Dáil is a draft synthesis –"An Outline Text Towards a Framework for a Successor PPF Agreement". Will the House have an opportunity, in the context of increasing redundancies, to discuss this framework document and will the Tánaiste outline what she intends to do about the growing number of factory closures?
It would be good to have a debate when the social partnership process has concluded.
After it is over.
When the partners have finalised their negotiations.
When one can do nothing about it.
In light of the winding down of Lissadell Towels yesterday and the closure of CPV in Monaghan, can the Tánaiste say when the companies Bill or any other legislation relevant to jobs will be brought before the House so we can discuss the current meltdown in employment?
I doubt that the Bill is relevant to the Deputy's question but it will be published next year.
Can we discuss the jobs?
Will the Tánaiste, the Taoiseach, the Minister for Education and Science or anybody in the Government who cares about the welfare of children intervene in the operation of the Education Welfare Act 2000?
The Deputy must ask a question on legislation.
I have. The Education Welfare Act 2000 was passed by this House but it is not being implemented. Children are roaming the streets and not going to school—
The Deputy is discussing legislation that has already been passed by the House.
Nobody has the power to intervene and—
I call Deputy McManus.
—the funding has not been allocated to allow the board to operate properly and employ people. Will anybody intervene to ensure that children have the opportunity to go to school—
The Deputy is out of order. It is an abuse of the Order of Business.
If we pass legislation, we must ensure it operates.
There are other ways the Deputy can raise the matter, by submitting a question or raising the matter on the Adjournment.
When will the Act become effective? Statutory instruments have been passed but they do not work because there is no money. The board cannot do its work because it cannot employ welfare officers.
The Deputy is out of order. I call Deputy McManus.
Will the Tánaiste intervene? This is a serious matter. Young children are roaming the streets and are not going to school.
The Chair will be obliged to take action if the Deputy does not resume her seat.
Nobody has the power to intervene except the board.
Will the Deputy resume her seat?
A Cheann Comhairle, I am concerned that young children are not going to school.
The Deputy knows she is out of order raising the issue in this manner.
A Bill was passed by the House and nothing is happening.
On a point of order, Deputies are entitled to raise secondary legislation as well as primary legislation.
The Deputy did not raise secondary legislation. What secondary legislation?
We are entitled to ask when the statutory instruments will be laid before the House on the Order of Business.
I will have to revert to the Deputy. I do not know when statutory instruments will be made.
Is the Tánaiste concerned that children are not going to school?
The Tánaiste read out the Standing Order earlier that the Taoiseach or the Tánaiste may defer replying to a question relating to the making of secondary legislation to another day.
The Minister for Health and Children has made a great virtue out of his intention to protect workers in pubs and restaurants from tobacco smoke. The Public Health (Tobacco) Bill was passed by the House and has now imploded in the courts, as a result of incompetence on the part of the Minister for Health and Children. It has left the taxpayer with a bill of up to €1 million—
A question on legislation, Deputy.
—which would have gone a long way towards comforting the IFI workers in Arklow who have been left with no jobs as a result of the Tánaiste's decisions. This Bill is now reported in the newspapers to be 95% redundant and has been found in the court to be non-viable because of the failure of the Minister to act properly.
The Deputy should ask the Tánaiste a question on the legislation.
When will the Bill be re-introduced with the new provisions the Minister constantly mentions?
The EU transparency directive provides for the circulation of certain national legislation. It should have been circulated to the European Commission.
The Tánaiste should have told that to the Minister for Health and Children.
I understand it affects 14 of the 53 sections. The Act will be repealed, notified under the transparency directive and re-enacted in relation to those sections.
Just those sections.
I am seeking information on two promised Bills. One is the gas regulation Bill, for which the Government will be able to generate plenty of material, and the other is the Geological Survey of Ireland Bill. The previous one was in 1845, and I am just wondering what the progress is to date on the new Bill. Hopefully, we will not have to wait as long for the next one.
If it is not broken, do not fix it.
I suppose this proves that if you get the legislation right it lasts a long time. The Geological Survey of Ireland Bill will be forthcoming this year and the gas regulation Bill will be published next year.
The Taoiseach promised legislation on the eve of the general election to provide for the establishment of a Dublin Institute of Technology campus at St. Brendan's, Grangegorman, Dublin 7. I wonder whether the Tánaiste has any information as to when this legislation will be produced because people are awaiting the fulfilment of this promise but we do not have any evidence that it will be fulfilled.
The heads of the proposed legislation are due to go to the Cabinet in the spring.
This is the spring.
Spring has just started.
Now that we have the Army on the streets, I ask the Tánaiste when we will have the Garda Síochána police co-operation Bill, which is designed to link personnel in our force and the Police Service of Northern Ireland. We may need their help now because law and order has got out of control and the Minister for Justice, Equality and Law Reform has failed us.
That legislation will be introduced in the course of this session.
(Interruptions).
Given the large number of redundancies due very shortly in the Youghal area, when does the Government plan to introduce the redundancy (amendment) Bill, which is designed to give legislative effect to the agreement of the redundancy review group. I ask the Tánaiste to state that the Bill will be introduced to benefit the workers due to become redundant in Youghal.
As I already said in response to Deputy Rabbitte, I will bring proposals in relation to the levels of redundancy to the Cabinet in the next fortnight, and the Bill will be published very quickly thereafter.
Is the Tánaiste aware that there is still some difficulty in relation to the IFI workers and the payment of pensions? In the context of the redundancy (amendment) Bill, does she intend to intervene at any stage or make a statement on the matter? These workers were treated very shabbily to begin with and are still not being adequately dealt with. With the continuing redundancies in that part of the country—
The Deputy should allow the Tánaiste to reply.
—I would appreciate if the Tánaiste would make a statement on the matter or intervene in some way.
I have already given an answer on the redundancy (amendment) Bill. The matter the Deputy refers to concerns a private pension in Northern Ireland and it is not appropriate for me to intervene in those circumstances.
The Government appears to have reneged on agriculture. When is it going to bring forward the land Bill 2003? Small farmers are being skinned alive by the Government which has no respect for them.
The land Bill 2003 will be introduced in 2003, obviously.
In view of the current crime spree and the lack of Garda on our streets, how can the Tánaiste justify the allocation of eight full time gardaí to the fines office in Dublin and can she tell us when the fines Bill which has been promised for years will be introduced? People cannot walk the streets for lack of gardaí. They are down in the fines office collecting fines and we have no fines legislation—
The Deputy is totally out of order.
We do not have a date yet for the introduction of that legislation.