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Dáil Éireann debate -
Wednesday, 26 Mar 2003

Vol. 563 No. 5

Order of Business.

The criminal justice Bill and the intoxicating liquor Bill are due for publication in 2004. However, the statistics from Operation Encounter made for very bleak reading, as reported in the national newspapers today.

The Deputy should only refer to the legislation. It is not appropriate to discuss the content.

I am not discussing the content of the Bill. I am simply saying there were 78,000 crimes detected by the Garda—

That does not arise at this stage. I call the Taoiseach to reply to the question on the legislation.

The reason for the urgency is that the Bills are expected to be published in 2004. Some 78,000 crimes were detected under Operation Encounter this year. In some cases they report that women examined by a doctor were so drunk that they could not remember being raped. We need the introduction of these Bills as urgently as possible.

There is an expert group to advise on the possible approaches to the codification concerned in the crimes Bill. That expert group's work is continuing. It is expected that the group will report before the end of next year. The criminal justice Bill will also be due next year and the public order Bill is already before the House.

In view of the rising number of evictions, is there any possibility that the landlord and tenant (miscellaneous provisions) Bill, promised for 2004, can be brought forward or if that is not possible, that a ministerial order can be made to give security of tenure to tenants?

The Bill is due next year. I will check whether it is possible to bring it forward. It is hoped to circulate the heads of the Bill by the middle of the year. If that has not happened, it is unlikely that it will be published quicker than 2004. I will raise the other question with the Minister.

Today's Order Paper states that the press statement issued by Mr. Kevin Murphy, the Ombudsman and Information Commissioner, has been laid before the House. Is the Taoiseach willing to provide time in the House to discuss the contents of the statement and the decision of the Government to replace him with Ms Emily O'Reilly as Ombudsman and Information Commissioner?

This will come up in the Dáil because the resolution for the appointment of the new commissioner is a function of the Dáil. Therefore that will be debated, probably after Easter.

When the Minister for Transport, Deputy Brennan, was Chief Whip, he promised at the beginning of 2002 that the greater Dublin area land use and transport authority Bill would be published in 2002. As Minister, we discover that he does not propose to publish it until 2004. What has happened to the priority that was being given by the Taoiseach to dealing with the problems of transport in Dublin? Why has it slid two years in his schedule of priorities?

The Taoiseach on promised legislation.

The Bill is to establish a strategic land use and a transport authority for the greater Dublin area. We are trying to complete the heads of the Bill at present and we hope that they will be finished before the end of Spring. The Bill is still due late this year.

It was a priority at the end of 2001.

It still is.

Arising out of the recent report which indicated the enormous number of public order offences from Operation Encounter, and the dramatic increase from anything from 50% to 300% in the past year, which was a huge increase on the previous year,—

A question on legislation please.

—may I ask the Taoiseach about the public order Bill which has been before the House for 18 months and the private security firms Bill which has been before the House for about the same length of time? When will these Bills be progressed so that we can use them?

The public order Bill is before the House and therefore it is a matter for the Whips. As I understand it, the Bill is ready to be taken. The private security firms Bill has also been published.

It is not only published, we have dealt with Second Stage. It has been sitting around for months.

Allow the Taoiseach to answer.

As the Bills are before the House, I will ask the Government Whip to see if they can be moved on and if the House can deal with them.

Does the Taoiseach agree that it would be appropriate to set aside a full day next week to discuss Nos. 48 and 49 on the Order Paper and other motions on the Iraqi war, that it would be unthinkable that the Dáil would not have a debate next week following the drastically deteriorating situation?

The matter can be discussed with the Whips.

But the Taoiseach is in charge of ordering the business of the House.

It is appropriate that matters are discussed with the Whips.

This morning the Government won its case in the Supreme Court against the hepatitis C sufferers. When the Government has recovered from its embarrassment from having taken that case in the first place, is it intended to do the morally right thing and amend the tribunal legislation to allow early settlers access to compensation so that they can access the medical care they urgently need as a result of treatment by the State?

I suggest the Deputy submit a parliamentary question on the matter. I call Deputy Howlin.

It is expected that the European Union—

Will the Taoiseach answer the question?

It might be more appropriate to table a parliamentary question to the Minister.

My question is on promised legislation.

There is no legislation promised. I call Deputy Howlin.

It is expected that the European Union will arrive at a common position on the next world trade round before the Summer. What facility will be available to the Dáil to have inputs into Ireland's position before a common position is decided by the Union?

If the relevant committee wants to have a discussion on that, I have no difficulty with that. It is probably the best way of doing it.

We all recall the billboard advertising for Luas, that the first one was due in 2003 and every five minutes after that. In light of the fact that the Minister told us last night—

A question on legislation please.

—that the Luas will be delayed for a further three months, when are we going to see the transport Bill so that this issue can be debated and when will we see Luas up and running?

The Bill is due in 2004.

The House will be aware of the fact that I raised the issue of the ground rents Bill with the Taoiseach previously. The Bill was on the Order Paper of the previous Government. There are communities waiting for that legislation. Will the Taoiseach bring forward the date on which the ground rents Bill will be published?

I cannot give a date for the ground rents Bill. There has been consultation with the Attorney General, the Chief State Solicitor's Office, the Land Registry and the Department and counsel have been asked to provide options on certain aspects of the matter. The heads of the Bill are expected this year but I do not have a date for it.

In view of the fact that Ennis Town Council failed to hold a St. Patrick's Day parade this year because of the prohibitive cost of insurance, when will the Government introduce legislation to control the spiralling cost of insurance, which has put many small businesses to the wall and forced companies to let their employees go? When will we see meaningful legislation before the House to control the insurance industry?

The Tánaiste will be bringing forward proposals in this area.

The Minister for Agriculture and Food is reported as stating he will bring forward legislation to facilitate the amalgamation of An Bord Bia and An Bord Glas. When will that legislation be published? I do not think it is on the list but it was reported in the newspapers in the past few days.

The Government has approved the proposal. The Minister is now proceeding with the amalgamation of An Bord Glas and An Bord Bia. I am not sure when the legislation will be prepared, but the structure, the amalgamation, the negotiations with staff and such matters are now under way since the decision was taken on 19 March.

In keeping with best practice and normal practice over the past number of years about negotiations and consultations with the workforce, will the Taoiseach assure the House that the Civil Service regulation Bill, which is due in 2004, will not be introduced without considerable consultation with civil and public service workers? Some of these workers are on very low pay and working in appalling conditions, and are now fearful that they could be dismissed in a summary manner.

There have been considerable discussions and negotiations in this area. The Civil Service regulation (amendment) Bill to amend the 1956 Act should be published later this year.

In view of the criminal addition of €16,000 to the price of a house in Tallaght by a developer, are there proposals for legislation to deal with gazumping? If so, will this legislation be included in the six criminal justice Bills for the spring session?

I do not think there is legislation that deals particularly with gazumping, but other provisions in the area of housing were introduced in legislation last year.

What is the current status of the road works control Bill, the greater Dublin area land use Bill, the Criminal Justice (Miscellaneous Provisions) Bill, the building control Bill—

Deputy Richard Bruton asked about that two minutes ago.

It is an important item and it might be no harm to refer to it once again.

The Deputy should be careful. He was doing very well in confining himself to asking about legislation. He should not allow himself to be put off by the interruptions.

I realise that I should not have allowed myself to be interrupted. I am glad the Ceann Comhairle is protecting me. I would also like to inquire about the status of the Criminal Justice (Garda Powers) Bill, which is relevant in the current climate.

The greater Dublin land use and transport authority Bill will be introduced late in 2003.

Very late.

How late?

The heads of the Bill are expected in spring 2003. The Deputy asked about the road control and road works Bill. The Communications Regulation Act 2002 strengthens the power held by local authorities over telecommunications-related road openings. A review of the effectiveness of road opening control in the Act is to be carried out, after which the need for further statutory powers will be considered. Preliminary works on the Bill are under way and the heads of the Bill are expected towards the end of this year, so the Bill will be introduced next year. I answered a question about the public order Bill earlier this morning.

There is a need for action on that matter.

It is currently before the House. The building control Bill is expected in the middle of 2003. The criminal justice (joint investigation) Bill will be introduced this session.

In reply to my colleague, Deputy Crowe, the Taoiseach indicated that either provisions or legislation had been brought in last year to address the issue of gazumping. Will he be specific and tell us exactly what legislation deals with this, given that the practice is continuing?

There is no legislation on gazumping.

The Deputy asked about that in relation to a specific instance of gazumping, which exemplifies what is going on wholesale across the country.

There was no legislation on gazumping, but legislation on housing-related matters was introduced.

Which is now working.

That is all very well, but what will the Taoiseach do about the specific issue of gazumping?

I suggest that the Deputy submit a question to the appropriate—

I suggest that the Government introduce legislation to deal with this problem.

That is not appropriate to the Order of Business.

As usual.

I want to ask about two extremely appropriate matters. In light of the present conflict in Iraq and the various charities that are involved, when will the charities Bill be before this House so that we may discuss all the relevant issues? Will the Taoiseach give an indication about the social partner talks as far as the farming community is concerned? Due to a dispute, the Department of Agriculture and Food is no longer taking phone calls. Will the land Bill be discussed here so that we may deal with this problem?

The charities Bill is expected in 2004 and the heads of the land Bill, previously known as the Land Commission Bill, were approved in February 2001. Further discussions are required with the Department of Finance and the Office of the Attorney General but it is hoped that a memorandum to Government, together with the heads, will be approved in June of this year.

This ought to be dealt with by the Protection of the Environment Bill 2003 under waste reduction as part of Government policy, but I have here a new Order Paper, containing blank pieces of card, which is sent around to everybody every day. This is a new departure. Is the Government embarking on a waste creation policy? This is completely unnecessary.

It is a cover-up.

With effect from yesterday, the Order Paper and Questions Paper are being presented in plain soft covers. The change is part of the improved printing and distribution arrangements. The content, colour and other aspects of the documents remain unchanged, as Deputies will have seen.

Was there much demand for that, a Cheann Comhairle?

It is unnecessary and should be changed.

We should change the colour of the Order Paper.

There should be a change of colour on that side of the House.

The additional costs of production are minimal and have been more than offset by financial savings achieved by the new printing methods and, as regards paper usage, by reductions in the overall number of copies being printed.

What about the cost of waste?

Was there much demand for this?

Was there a big lobby for a change in the colour of the paper?

There are also savings on VAT.

(Interruptions).

These are pieces of paper, pieces of card.

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