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Dáil Éireann debate -
Thursday, 13 Feb 2003

Vol. 561 No. 3

Order of Business.

The Order of Business today shall be No. 13a Motion re: European Convention on Human Rights Bill 2001; No. 1 National Tourism Development Authority Bill 2002 [Seanad] – Second Stage (resumed); No. 2 – Fisheries (Amendment) Bill 2002 [Seanad]– Second Stage.

It is proposed, notwithstanding anything in Standing Orders that: (1) No. 13a shall be decided without debate; (2) the proceedings on the resumed Second Stage of No. 1 shall, if not previously concluded, be brought to a conclusion at 2 p.m.

There are two proposals to be put to the House. Is the proposal for dealing with No. 13a without debate, agreed to? Agreed. Is the proposal for dealing with No. 1, agreed to?

I oppose the Order of Business in respect of the guillotine being placed on the National Tourism Development Authority Bill. This deals with the amalgamation of Bord Fáilte and CERT and it is a matter of considerable importance to every Deputy in the House, in terms of how national tourism is marketed. Members on this side of the House feel very strongly that they should have the opportunity to voice their opinions.

This Bill has already been given seven and a half hours time in the House. It is very important legislation in the context of having all this work completed before the beginning of the tourist season. Tourism is worth €3 billion in foreign earnings, €1.3 billion in domestic earnings—

So it is well worth another day's debate.

—and employs 150,000 people. We should be anxious to allow this Bill proceed.

As the Minister will be aware, most of this year's business has already been booked since last year. I happen to have had some involvement with this over the years.

Question put: "That the proposal for dealing with No. 1 be agreed."

Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Seamus.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Haughey, Seán.Healy-Rae, Jackie.Hoctor, Máire.Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.

Kirk, Seamus.Kitt, Tom.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.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'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Roche, Dick.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G.V.

Níl

Boyle, Dan.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Costello, Joe.Crowe, Seán.Cuffe, Ciarán.Durkan, Bernard J.English, Damien.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Gregory, Tony.Healy, Seamus.Higgins, Joe.Higgins, Michael D.Hogan, Phil.Howlin, Brendan.Kehoe, Paul.Kenny, Enda.Lynch, Kathleen.McCormack, Padraic.McGinley, Dinny.McGrath, Finian.

McManus, Liz.Mitchell, Gay.Mitchell, Olivia.Morgan, Arthur.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Perry, John.Quinn, Ruairi.Rabbitte, Pat.Ryan, Seán.Sargent, Trevor.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Twomey, Liam.Wall, Jack.

Tellers: Tá: Deputies Hanafin and Kelleher; Níl: Deputies Durkan and Stagg.
Question declared carried.

The European Commission has found that the planning fees introduced by the former Minister for the Environment and Local Government, Deputy Dempsey, are illegal. Is it the Government's intention to abandon this charge? It was objected to very strenuously by a great number of people.

Is there planning legislation promised, Minister?

This matter is under review and the decision is being examined at present.

In regard to promised legislation, the Minister for Defence gave an interview on 29 December last in which he said he is considering setting up a statutory security agency to co-ordinate military and police intelligence on terrorist suspects along the lines of MI5 in Britain and the CIA in the US to rival the Garda Síochána—

Does the Deputy have a question on promised legislation?

—as the primary secret intelligence agency.

Would Deputy Rabbitte like to join?

Minister, is there legislation promised?

I beg your pardon, Sir, it is bad enough that your backbenchers are disrespectful to the House—

Sorry, Deputy Rabbitte, they are not my backbenchers.

—that they will not even stay here when they are brought in. I beg your pardon, Sir – the Minister's backbenchers. When will the new CIA agency to replace the Garda Síochána to which the Minister adverted to on 29 December, be introduced?

Sorry, Deputy, if you have a question on promised legislation we will hear it.

The Minister said it will be a statutory agency and I am trying to find out when the legislation will be introduced.

Is there legislation promised?

There is no legislation promised.

No legislation promised. I call Deputy Joe Higgins.

Did the Minister say it because it was during the alcopops season?

I will not try to rock the foundations.

That is a serious question.

On promised legislation under the aegis of the Minister for Education and Science, given the appalling mess into which the previous Minister got himself when he was let out on his own—

A question on legislation, Deputy.

Is it the Government's intention to make sure that the Minister for Education and Science, Deputy Dempsey, is chaperoned on his pilgrimage to the teachers?

That does not arise. I call Deputy Richard Bruton.

The legislation—

I will come back to Deputy Higgins. I have called Deputy Richard Bruton.

The legislation I refer to is called the Grangegorman Development Agency Bill.

I am sorry, Deputy, I will call you again in regard to a question on legislation. Deputy Richard Bruton.

Will the new group the Government is establishing on inflation have a legislative backing, or will it be a stealth group? It seems that the Minister and the Government are determined—

Is there legislation promised?

There is no legislation promised. I call Deputy Brendan Howlin.

Charges are being introduced at every opportunity.

The Tánaiste makes announcements almost on a weekly basis in regard to ad hoc decisions in regard to work permits. We have been promised a new work permits Bill for two years. When will we have this Bill and have the heads of the Bill passed through Cabinet yet?

This session.

Deputy Dan Boyle.

What about the second part of the question?

Given the constraints under which many Members of this House have to operate in regard to committee membership, will the Minister for Defence indicate when the Oireachtas (Appointment of Inspectors to Assist Committees) Bill is likely to be published and put before this House?

It is not possible to indicate at this stage.

In view of all we have been through in regard to the beef tribunal and DIRT inquiry, I have two questions; when will the legislation be published to regulate auditors and accountants under the Companies Bill?

The Personal Injuries Assessment Board which requires legislative backing is not on the list of Government proposals. Is there any indication of when this legislation will be published?

This session.

The second one?

Now that the "Noel Dempsey travelling roadshow" is about to hit the country, will he also visit the hundreds of dilapidated schools that were promised new buildings?

Sorry, that does not arise, Deputy.

That is a good question.

I call Deputy Sargent.

Be sure and check with the promises made by the former Minister, Deputy Woods.

When will the Safety, Health and Welfare at Work (Amendment) Bill be brought in and will it apply to schools as well as other workplaces?

If the Minister for Education and Science visits all those schools we might never see him again.

It might not do Deputy Rabbitte any harm if he visited the real world.

The Minister of Defence to answer the question.

In the middle of this year.

I hope to meet the Minister for Education and Science soon in Malahide Community School. They will have plenty to say to him there. The promised legislation I wish to raise concerns matters arising from clinical negligence under the health portfolio. Given the degree of State exposure—

What legislation is it, Deputy?

In the context of the Residential Institutions Redress Act, I thought it important to look at the Health (Medical Indemnity) Bill but I cannot find it on the list. Has it—

Minister, when will the Health (Medical Indemnity) Bill come before the House?

It is not on the list.

What happened to it?

Perhaps the Minister for Defence can answer a question that the Taoiseach was unable to answer the other day? Will he tell the House where is the Containment of Nuclear Weapons Bill? It is on the Order Paper.

It is a secret.

It must be a secret.

It is with the new agency.

It is so secret the Taoiseach does not even know.

Has it been put on ice?

The information should be shared with Mr. El Baradei.

The Deputies probably already know it is with the select committee.

That information is not correct.

On a point of order.

I am sorry. The Chair has no control over the information given. Deputy Mitchell, on a point of order.

I would have thought the Minister for Defence would have known the answer to the question. The House is entitled to know it. Will the Chief Whip or the Minister send us a note on the matter? This is an important issue.

The Deputy has made his point. I call Deputy Moynihan-Cronin.

What about the answer?

Having regard to the fact that numerous families in the Southern Health Board area are being told that their hours of home help are being cut dramatically—

Deputy, do you have a question on promised legislation?

I have. I am coming to that. Give me a minute.

Will you tell me what the legislation is?

Once again the most vulnerable people in our society are being affected by cuts—

I am sorry, Deputy. I am moving on. I call Deputy Joe Higgins.

(Interruptions).

Deputies are entitled to ask a question on promised legislation.

That is what the Deputy is doing.

They are aware of Standing Order 26, as is Deputy Moynihan-Cronin. Deputies are using the Order of Business on Thursday to make statements on all kinds of issues. The Chair must draw the Order of Business to a conclusion.

Why? You just want to close down debate.

If Deputies continue to make statements rather than ask questions on promised legislation we will move on to the next business. What is the Bill, Deputy?

It is the Health and Social Care Professionals Regulatory Bill.

It will be published in the middle of this year.

So we will see it in July.

When will the Minister for Education and Science bring the Grangegorman Development Agency Bill to the Dáil—

Keep at it, Deputy.

—and the Building Control Bill, which is to amend and strengthen the powers of local building authorities?

The Bill is being drafted at present. I cannot give an indication of the exact time it will be in the House.

Is it when or which?

This is an important issue but I could not hear the Minister's reply.

I cannot say when it will be published.

The Deputy asked about two Bills.

Could we clarify this matter?

June or December 2003?

The Minister said mid-2003.

Regarding secondary legislation, when will we see the order before the House for the date for vesting of the examinations commission?

I understand it is before the committee this morning.

The Taoiseach told us on Tuesday that the Local Government Bill would be in the House within the next two weeks. Therefore, will the Bill be published this week or next week?

It will be published within the next few weeks.

How many is a few?

Will the Government enact it before it publishes it?

The House is entitled to a specific reply. The Bill is to be in the House within two weeks.

I regard a few as two or three, but I believe it is to be in the House in two weeks.

When will it be published?

In either two or three weeks.

This is not a joke. It is fine to have fun on a Thursday morning with a Minister but if Deputies ask a question we are entitled to a reply.

The Minister has answered your question, Deputy.

He has not replied. The Taoiseach said the Bill will be in the House within two weeks so it has to be published either this week or next week. I want to know which week is it.

When the Minister was in the House he said it would be published within two weeks.

He said it would be in the House within two weeks. Which week will it be published? What is the difficulty?

A Cheann Comhairle, can we get clarification as to whether the Minister knows the answer?

The Minister has given an answer.

He has not given an answer. I do not accept his answer. It is a dismissive answer off the top of the Minister's head.

Deputy, you will have to find another way of raising this matter.

This is the only way available to me.

We cannot have Deputies refusing to accept a Minister's answer and expecting to debate that matter.

I raise a point of order, a Cheann Comhairle. This is the only time we can ask questions about the publication of legislation—

The Minister has answered your question.

He has not.

The Minister has given an answer.

We are expected to prepare for legislation which is to be introduced in the House. We are told this legislation will be in the House in two weeks—

It will be published in two weeks.

I want to prepare for that legislation so I want to know when it will be published. It will be published either this week or next week. Which is it?

In two weeks.

It will be published in two weeks and it will be in the House as soon as is practicable and possible after that.

Thank you.

Will the Minister tell the House the present state and likely progress of three Bills, the Electricity Bill, the Adoption Information Bill and the Ombudsman Bill?

The Electricity Bill will be published in mid-2003. The Adoption Bill will be published late this year and the Ombudsman Bill will be published in late 2003.

Everything is late. Is it possible to expedite them?

Better late than never.

A date in 2004 has been suggested for the Judicial Conduct and Ethics Bill. Why is it taking two years to construct a Bill for ethics for judges? Ethics for everyone else—

Deputy, please allow the Minister to answer your question.

I look forward to hearing his reply.

The last ethics Bill crash landed. It was improperly aimed.

It will be published in 2004.

When in 2004?

The heads of the Bill are expected in 2003, taking into account the work done by the Constitution review group, the All-Party Committee on the Constitution and the Chief Justice's committee on judicial ethics.

Through the Minister for Defence and on behalf of the consumers of Ireland, I ask the Minister for Social and Family Affairs if she will allow consumers to see the deal she is hammering out with the dentists. What will she do with the surplus money she gathered—

Deputy Lynch, if you do not resume your seat I will move on to the next item. I call Deputy Costello.

—during the dispute?

Deputy Lynch, you are abusing the Order of Business.

Through the Minister for Defence, I ask the Minister for Education and Science, during his rambles in Erin on his nixer for the ASTI to amend the Dublin Institute of Technology legislation to ensure the provision of music and drama in Dublin Institute of Technology colleges.

That legislation is at an early stage.

Some time ago the Houses of the Oireachtas passed the Intoxicating Liquor Act, one of the provisions of which was a requirement to label individual cans and bottles sold in off-licences. When will the secondary legislation to bring that provision into effect be signed?

I do not have that information but I will communicate it to the Deputy.

The Minister is entitled to defer a reply relating to secondary legislation.

We will get a reply that way anyway.

The Government agreed to a proposal from the Labour Party to revamp the European affairs committee and to bring in a system of scrutiny of legislation emanating from the European Union. That proposal has been referred to the European Union affairs committee. However, we cannot do the job we were charged with because of inadequate resources. When will the legislation to establish the Oireachtas commission, which will have the power to provide us with those resources, independent of the Department of Finance, be introduced? Will the Minister confirm it is not being deliberately delayed by the Department of Finance so as to frustrate our work?

That legislation is in committee, is it not?

It is on Committee Stage. Obviously no effort is made by anybody to slow it up.

On the Minister's own portfolio, the Taoiseach told us last week that the Army deafness issue was disposed of and was not nearly as costly as commentators said it would be. What is the point then of bringing in the Defence Forces (Loss of Compensation Hearing) Bill, if it is disposed of?

It is no longer necessary.

It is no longer necessary.

It was being considered in the context of the earlier position but that has been resolved.

We cannot have a debate on it, Deputy.

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