Dáil Éireann debate -
Wednesday, 19 Feb 2003

Vol. 561 No. 5

Order of Business.

The Taoiseach

It is proposed to take No. 15, motion re proposed approval by Dáil Éireann of a Council directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of effort between member states in receiving such persons and bearing the consequences thereof – back from committee – and No. 7, Finance Bill 2003 – Order for Second Stage and Second Stage.

It is proposed notwithstanding anything in Standing Orders that the Dáil should sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10 p.m. No. 15 shall be decided without debate and the Second Stage of No. 7 shall be taken today and the following arrangements shall apply: the opening speech of the Minister for Finance and the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 45 minutes in each case. The speech of each other Member called upon should not exceed 30 minutes in each case and Members may share time. The Minister for Finance shall be called upon to make a speech in reply which shall not exceed 20 minutes. Private Members' Business shall be No. 39 – the Twenty-seventh Amendment of the Constitution Bill 2003, Second Stage (Resumed), to conclude at 8.30 p.m.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal for the late sitting agreed to?

Mr. Kenny

Members have expressed an interest in the Finance Bill. There was a discussion at the Whips' meeting about extra time for the Bill. If it transpires that there are 20 speakers who wish to contribute, would the Government consider granting extra time to the debate on Second Stage?

The Taoiseach

If the leader of Fine Gael has any difficulties he can raise them with the Government Whip but there are time limits so the financial resolutions can get through Committee Stage.

An Ceann Comhairle

The proposal is agreed. Is the proposal for dealing with No. 15 without debate agreed to?

Mr. Cuffe

Could we debate the Council directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons? We are facing the very real prospect of war in Iraq and it is of the utmost importance that this House debates the effects of such a war. If there is mass influx of displaced persons or refugees into the State, it would be proper that to discuss the effects of this prior to approving such a measure in Dáil Éireann without debate.

Question, "That No. 15 be taken without debate", put and declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 7, Second Stage of the Finance Bill 2003, agreed? Agreed.

Mr. Kenny

Could I seek clarification of some confusion that arose during Leaders' Questions earlier? I asked the Taoiseach if the Government had any discussions, official or unofficial, with the US authorities about the continuing use of Shannon Airport in the event of a unilateral invasion of Iraq. The Taoiseach may have been confused because in his answer he said that there were no discussions with the American authorities about a second resolution.

The Taoiseach

The answer to the Deputy's question then and now is "no". I outlined the context in which there were discussions.

Mr. Timmins

On the day that the board of Teagasc meets to close down 20 centres as a result of the mishandling of the public finances by the Government, will the Taoiseach extend an olive branch to the farming community and elaborate on the speech he made in Maam Cross? Will the Taoiseach tell the House when the land Bill will be published? Will he use the opportunity to outline the proposals to encourage farmers to participate in the partnership process?

An Ceann Comhairle

We cannot discuss the contents of the legislation.

Mr. Timmins

The Taoiseach might take this opportunity to comment as opposed to going to Maam Cross to outline his view.

The Taoiseach

The land Bill 2003 is a short Bill with eight heads. It regularises the statutory basis for earlier write-offs and buy-outs of land purchase annuities, upgrading ministerial warrants under the Land Acts, and introduces a further write-offs and buy-outs scheme and regularises the charging of interest on arrears and other ancillary matters related to Land Acts. The Bill was previously published as the Land Commission Bill and the heads were approved in February 2001 but it required further work and discussion between the Department of Finance and the Attorney General. It is hoped there will be a memorandum for Government by the end of the month and that the heads of the Bill will be ready in June.

Mr. Timmins

Does the Taoiseach have any proposals to assist farmers so they can take part in the partnership process?

An Ceann Comhairle

The Deputy must resume his seat. He knows he is out of order.

Mr. Timmins

The Taoiseach can go to Maam Cross to lecture the farmers but he will not tell us what proposals he might put forward. There is nothing but silence.

An Ceann Comhairle

I will ask the Deputy to leave the House if he does not resume his seat.

Mr. Timmins

I cannot get any information from the Government on this issue.

Mr. Gilmore

When will the Government introduce the legislation to abolish the €20 planning fee following the decision by the European Commission last week?

The Taoiseach

The opinion of the European Commission has been received and it is being considered by the Minister.

Mr. Gilmore

He only has seven weeks.

Mr. Quinn

Is the Government still collecting the fee?

Mr. Sargent

Like Deputy Timmins, I feel the Government has a job of work to do to restore some level of morale in the farming community with Teagasc meeting to close down 20 centres.

An Ceann Comhairle

Does the Deputy have a question?

Mr. Sargent

I looked through the promised legislation for this Dáil term and the nearest indication I can get of any interest in agriculture is the Abbotstown sports centre authority Bill. Would the Taoiseach like to revisit that Bill and recognise that downgrading agriculture to become a sports centre is not the way the country should go?

Mr. M. Smith

The Deputy is a real comedian.

Mr. Timmins

There are plenty of jokes on the Minister's side of the House.

Ms O. Mitchell

In the context of this morning's revelations about the overrun in the IT budget of the IBTS, and the fact that its computer system is four years late, has the Taoiseach any confidence in this organisation to reform itself? Is he confident that his Minister can monitor this organisation that has already cost the taxpayer millions of euro and killed people in this State?

An Ceann Comhairle

The Deputy should submit a question on this matter.

Ms B. Moynihan-Cronin

With many people dependent on home help unable to get the hours for which they are authorised by district nurses, and the Taoiseach confused between home help and the carer's allowance, will the Taoiseach ensure that the health and social care professions regulatory Bill is brought forward immediately?

The Taoiseach

That Bill will come before the House in the middle of 2003.

Mr. Ferris

In light of the decision of the Newry and Mourne District Council to ask councils across the country to support the introduction of legislation to allow a franchise for Northern representation in this House, when would the Taoiseach introduce such legislation? This of particular importance with a presidential election due.

The Taoiseach

Proposals were referred to a number of times in the report of the last All-Party Committee on the Constitution and the matter is under discussion.

Mr. Hayes

When does the Taoiseach intend to announce the programme for decentralisation? I ask this in view of the fact that the Minister for Defence announced good news for north County Tipperary.

An Ceann Comhairle

The Deputy should submit a question on the matter.

Mr. Hayes

I want to ask about south County Tipperary because the Taoiseach promised at two by-elections and during the last general election—

An Ceann Comhairle

I suggest that the Deputy submit a question to the Minister for Finance on the matter.

Mr. Timmins

The Minister moved it from Limerick.

An Ceann Comhairle

I call Deputy Sherlock.

Mr. Sherlock

Is it the Government's intention to bring the Ombudsman (Defence Forces) Bill before the Dáil and, if so, when?

The Taoiseach

This year.

Mr. Healy

In view of recent reports on restructuring of the health services, will the Taoiseach confirm that there is no question of downgrading or closure of casualty departments or maternity departments—

An Ceann Comhairle

Has the Deputy a question on promised legislation? I call Deputy Richard Bruton.

Mr. Healy

There is talk in two Government reports, apparently, concerning closure of the casualty department in Our Lady's Hospital and the maternity department in St. Joseph's—

(Interruptions).

Mr. Martin

The beds are not being filled down there.

An Ceann Comhairle

The Minister and Deputies should allow Deputy Richard Bruton to speak.

Mr. R. Bruton

When does the Taoiseach expect the money advice and budgeting service Bill to be completed? Does he agree that the Minister for Finance could do with a dose of monetary advice? He is seeking to blame the EU for cutbacks—

An Ceann Comhairle

The Deputy's first question is in order.

Mr. R. Bruton

This is the Minister who contemptuously condemned the EU for—

An Ceann Comhairle

The Deputy should allow the Taoiseach to answer the first part of his question, which is in order.

The Taoiseach

The Minister for Finance is ready to take that Bill as soon as time is available in the House.

Mr. Broughan

When will the public service brokers Bill come before the House? The Government tendered for IT contracts about six months ago but there appears to have been no decision on the tender. What is causing the delay in that regard? In relation to the work permits Bill, is the Taoiseach aware that hundreds of immigrant workers have been lured into his constituency by unscrupulous agencies in eastern Europe and are left penniless—

An Ceann Comhairle

We cannot discuss the contents of the Bill now.

Mr. Broughan

Even as their local Deputy, will the Taoiseach take some action?

The Taoiseach

The public service brokers Bill is to provide for the establishment of a public service broker and sharing of information between State agencies. The heads of the Bill are expected within the next few months and, I hope it will be passed during the year.

Mr. Boyle

Is the Taoiseach aware of a seminar to be held next week by the disability rights organisation under the title: "Whatever happened to the Disability Bill?"

The Taoiseach

The Disability Bill is being discussed with the relevant groups and agencies. The Government hopes to bring it forward as soon as we can get agreement on it.

Mr. Naughten

When will we see the civil registration Bill? The current legislation dates from a time prior to the foundation of the State. On a matter of secondary legislation, when will the vesting day for the Examinations Commission be set?

The Taoiseach

I am informed by the Minister Justice, Equality and Law Reform that the civil registration Bill is under preparation and he hopes to have it completed soon. I have no information on the second matter raised by the Deputy.

An Ceann Comhairle

The Taoiseach may defer replying to a question on secondary legislation to another date.

Ms McManus

In relation to the medical practitioners Bill, I ask that this be brought forward. There are implications for the Medical Council which need to be addressed at an early date. In relation to the Medical Practitioners (Amendment) Act 2002, is it the case that the Minister for Health and Children has not signed the regulations under that Act?

The Taoiseach

The medical practitioners Bill is to consolidate and update the existing Medical Practitioners Acts. The heads of the Bill are expected over the next few months but the Bill is not expected until next year.

An Ceann Comhairle

I call Deputy Crawford.

Ms McManus

I did not get a reply to my question on secondary legislation. I also ask if the heads of the Bill could be published?

The Taoiseach

That is a matter for consideration at the time.

Ms McManus

What is the Taoiseach's reply to my question on secondary legislation arising from an Act already passed by this House last year?

The Taoiseach

I suggest the Deputy should put down a question on that matter. I do not answer, on the Order of Business, for secondary legislation such as ministerial orders.

Mr. Stagg

On a point of order, are Deputies not entitled to ask questions on secondary legislation on the Order of Business?

An Ceann Comhairle

Yes. The Standing Order is quite specific, subject to the provision that the Taoiseach may defer replying to a question relating to secondary legislation to another day.

Mr. Stagg

A deferral is not the same as a refusal to answer.

Mr. Crawford

I have two questions on promised legislation. In view of the absolute chaos in the food industry, including the waste disposal problem in the poultry sector and the meat and bonemeal issue, when will the animal health Bill be introduced? In light of the issues raised earlier and confusion in the home care area, when will the health complaints Bill be introduced?

The Taoiseach

The heads of the animal health Bill were approved yesterday by the Government and it is now with the Parliamentary Counsel for drafting. The heads of the health complaints Bill, which is to provide a statutory framework for handling complaints within the health service, are expected next summer and the Bill will be before the House next year.

Mr. Quinn

I note that responsibility for the charities Bill has been transferred from the Department of Justice, Equality and Law Reform to the Department of Community, Rural and Gaeltacht Affairs in which, no doubt, it is a top priority. In view of the expected publication date being in 2005 and the vast sums of money now going into various charities, all of which are totally unregulated, will the Government consider having this Bill drafted by consultants? It is clearly beyond the capacity of the existing apparatus to draft it and there are serious sums of money involved which now attract tax deductions and benefits. We will be faced with a tribunal or a fraud of enormous proportions unless this is dealt with. It is not fair to people who give money to charities on a bona fide basis.

The Taoiseach

The charities Bill was listed for 2005, as Deputy Quinn stated. I have noted his comments and I will see what can be done in that regard. Before the Bill is drafted, a public consultation process is envisaged. I will have the position with regard to the Bill considered.

Mr. Neville

In view of the fact that no moneys have been provided for new services required by 3,500 people with intellectual disabilities, will the Taoiseach intervene to ensure that €20 million is transferred to the Minister of State at the Department of Health and Children dealing with this matter?

An Ceann Comhairle

The Deputy should submit a question on that matter to the Minister.

Mr. Durkan

What is the current status of promised legislation on reform of recruitment with regard to the Civil Service and Local Appointments Commission? When will it come before the House and on whose recommendation is it coming forward?

The Taoiseach

Is the Deputy referring to civil service regulation Bill? That will come forward late this year.

Mr. Durkan

I was referring to the public service management Bill.

The Taoiseach

The public service management (recruitment and appointments) Bill, which is scheduled for late 2003, seeks to reform the recruitment and appointment process in the Civil Service and posts currently under the Local Appointments Commission.