Dáil Éireann debate -
Thursday, 3 Apr 2003

Vol. 564 No. 3

Order of Business.

The Tánaiste

It is proposed to take No. a12, Freedom of Information (Amendment) Bill 2003 [Seanad] – allocation of time motion for select committee; No. 7a, Employment Permits Bill 2003 [Seanad] – Second and Remaining Stages; and No. 2, Local Government Bill 2003 [Seanad] – Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. tonight and business shall be interrupted not later than 8.30 p.m. and the sitting shall be suspended between 1.30 p.m. and 2.30 p.m.; No. a12 shall be decided without debate; the following arrangements shall apply in regard to No. 7a– the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 6.30 p.m.; and Committee and Report and Final Stages shall, if not previously concluded, be brought to a conclusion at 7.30 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 Tánaiste and Minister for Enterprise, Trade and Employment; and the Dáil shall sit tomorrow at 10.30 a.m. and shall adjourn not later than 4 p.m.; there shall be no Order of Business, that is within the meaning of Standing Order 26(2) and (3) and accordingly, the following business shall be transacted in the following order – No.2, Local Government Bill 2003 [Seanad] – Second Stage, which shall adjourn at 1 p.m., if not previously concluded; No. 17, Digital Hub Development Agency Bill 2002 [Seanad] – Second Stage (Resumed), which shall adjourn at 4 p.m. if not previously concluded.

An Ceann Comhairle

There are four proposals to be put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. a12, motion re the Freedom of Information (Amendment) Bill 2003, agreed to?

Mr. R. Bruton

The Government came to power having fooled people in the general election in regard to many of the promises it made. It is now seeking to bury the evidence in regard to those false promises.

Mr. M. Ahern

Fergus Finlay said we made no promises.

Mr. R. Bruton

This side of the House will not facilitate the guillotining or the ramming through of a Bill which is designed to assist Ministers in running away from their legal responsibilities under the existing Act to be accountable for their decisions. It is good for Parliament that Ministers be accountable for the decisions they make and that they come before the people to explain decisions they made after a lapse of five years. We will not facilitate any change in that. We will not facilitate the change in the Freedom of Information Act that ends the presumption of openness and instead creates a presumption of secrecy which the Ministers are seeking to impose throughout the whole structure of the Freedom of Information Act. Neither will we facilitate the throwing of a veil of secrecy across a whole range of bodies that will now be defined as Government. The amending legislation proposes to extend the same protection to committees appointed by Government as that afforded to the Cabinet.

This is bad legislation and is being rammed through this House. It was not in the Government's programme and was never anticipated before the election. It was only decided after the election in the fateful month of June 2002 when the Government discovered it could not pay for its false promises. It also discovered that freedom of information was making Government impossible and cumbersome. This is bad legislation brought in by a Government which should be on the run and we will not facilitate it in any way.

Mr. Rabbitte

A small but immensely important aspect of the Freedom of Information (Amendment) Bill was brought to the attention of the select committee by the One in Four group. After many hours of argument the Minister accepted the excision of that particular phrase. However, the impression has gone out as a result of that, that somehow the Minister and the Government have backed down on this appalling legislation when the fact of the matter is that the substance of the amending legislation is intact. It ring-fences the Government from scrutiny or from any probing of the manner of the making of decisions. If it was as good an idea as the Ministers say it is, then why was it not advanced in the programme for Government last May of one party or the other?

Mr. M. Higgins

Hear, hear.

Mr. Rabbitte

There was no mention of it when they had to face the people. An entirely calculating, cynical decision is being made by the two parties in the coalition of the willing based on the perception that the public really does not care, that this is a media or Opposition issue. It is a profoundly democratic issue about the manner in which we do business. The Government wants to go back to old ways and old days and we will not facilitate that in this House.

Mr. J. Higgins

A Cheann Comhairle, the Minister for Justice cannot wipe the smile off his face since he came into the House.

(Interruptions).

Mr. D. Ahern

Poor Joe.

Mr. J. Brady

The smile was wiped off Deputy Higgins's face last night.

An Ceann Comhairle

Deputy Higgins is totally out of order. He must resume his seat. If the Deputy continues to be disorderly I will ask him to leave the House. I call Deputy Boyle.

Mr. Boyle

The Minister for Justice has plenty of reasons to be smiling after last night's events and with the Government's attempts—

An Ceann Comhairle

We are discussing the proposal in regard No. a12 on the Order of Business.

Mr. Boyle

—with this legislation to introduce a secret police State. That is what we are now faced with.

Mr. M. Smith

The Deputy should try to be serious.

Mr. Boyle

This Government is committed to the idea that everything it does is not open to scrutiny. We have been in select committee for the past two days—

(Interruptions).

An Ceann Comhairle

Allow Deputy Boyle to proceed, without interruption.

Mr. Boyle

We met for 12 hours yesterday, ten hours the previous day and are prepared to meet all day today.

Mr. Curran

The Deputy is tired and emotional.

Mr. Boyle

We are prepared to meet tomorrow. The last thing we need, as an Opposition, is to be told when we should finish scrutinising this legislation that overrides democratic rights, which has important constitutional implications and which assists the Government in doing its business at the expense of the public's right to know.

This party will not co-operate with a Government which is prepared to ride roughshod over parliamentary procedures. There was never more than one Government representative present during the select committee's deliberations and, frequently, there was no Government representative present at all. We will not be told when we should finish scrutiny of a Bill that has already been guillotined on Second Stage, is being proposed to be guillotined on Committee Stage and it will be proposed to guillotine it on Report Stage for no reason other than the Government's convenience. It fears that April 21 will come and go and it will be forced to account for decisions it made in the past five years. We will not support that.

Deputies

Hear, hear.

Caoimhghín Ó Caoláin

The full ramifications of the Freedom of Information (Amendment) Bill are not understood by the vast majority of Members in this House. Over the past number of days on Committee Stage elements of what actually—

(Interruptions).

An Ceann Comhairle

Allow Deputy Ó Caoláin, please, without interruption.

Caoimhghín Ó Caoláin

—will transpire are being exposed through the careful scrutiny of Opposition spokespersons. Let there be no mistaking that there is a real and inherent danger in the extension of Government from those who are democratically elected and accountable to committees which are neither accountable nor identifiable by name or by person. These elements have been exposed by the ongoing scrutiny of this legislation on Committee Stage with the Minister for Finance. It is imperative that the committee is allowed to carry out its full work and has adequate time to go through the detail of this so-called amending legislation so that the public interest is served. Ultimately, the only way that the public interest can be served and guaranteed is by the Government withdrawing this disgraceful legislation.

Ms Burton

Government amendment No. 43 provides for secret government, and we—

An Ceann Comhairle

I have already heard from one member of the Deputy's party on this issue and cannot hear from another.

Ms Burton

We cannot get legal advice from the Government—

An Ceann Comhairle

I ask the Deputy to be quiet when the Ceann Comhairle is on his feet.

The Tánaiste

We have already had 15 hours of debate on Committee Stage and this order provides—

Ms Burton

We have had no explanation—

An Ceann Comhairle

If Deputy Burton interrupts again I will ask her to leave the House.

The Tánaiste

This order provides for a further eight hours of debate on Committee Stage, and the Government believes that is more than adequate.

Mr. Stagg

What is the hurry?

Question put: "That the proposal for dealing with No.a12 be agreed to.”

The Dáil divided by electronic means.

Mr. Stagg

On a procedural matter, as part of the Labour Party's ongoing campaign to demonstrate its opposition to the destruction of the Freedom of Information Act, as a teller in the previous electronic vote and under Standing Order 69, I demand a vote other than by electronic means.

An Ceann Comhairle

As a teller, Deputy Stagg is entitled under Standing Order 69 to call a vote through the lobby. That vote will take place in three minutes.

Question, "That the proposal for dealing with No. a12 be agreed to”, again put.

Tá

Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Blaney, Niall.Brady, Johnny.Brady, Martin.Brennan, Seamus.Browne, John.Callanan, Joe.Carey, Pat.Carty, John.Cassidy, Donie.Collins, Michael.Cooper-Flynn, Beverley.Cregan, John.Cullen, Martin.Curran, John.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.

Ellis, John.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Fox, Mildred.Gallagher, Pat The Cope.Glennon, Jim.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Kitt, Tom.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDowell, Michael. McEllistrim, Thomas.

Tá– continued

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'Donovan, Denis.O'Flynn, Noel.

O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Ryan, Eoin.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Dan.Walsh, Joe.Wilkinson, Ollie.

Níl

Allen, Bernard.Boyle, Dan.Breen, Pat.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Connolly, Paudge.Costello, Joe.Coveney, Simon.Cowley, Jerry.Crawford, Seymour.Deasy, John.Durkan, Bernard J.English, Damien.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Higgins, Joe.Higgins, Michael D.Lynch, Kathleen.McCormack, Padraic.McGinley, Dinny.McGrath, Finian.McGrath, Paul.McManus, Liz.Mitchell, Olivia.

Morgan, Arthur.Murphy, Gerard.Naughten, Denis.Neville, Dan.Noonan, Michael.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Perry, John.Rabbitte, Pat.Ring, Michael.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Stagg, Emmet.Stanton, David.Timmins, Billy.Twomey, Liam.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg.

Question declared carried.

An Ceann Comhairle

We move on to the proposal for dealing with No. 7a, the conclusion of all Stages of the Employment Permits Bill, 2003 [Seanad]. Is that agreed?

Caoimhghín Ó Caoláin

No. A Cheann Comhairle—

An Ceann Comhairle

I call Deputy Rabbitte.

Mr. Rabbitte

No measure should be brought before this House with Second and Subsequent Stages to be taken in one sitting. The Tánaiste and Government have known about this since the second Nice treaty referendum and certainly since last December. It is now to be introduced to the House and we are supposed to take Second, Committee and Remaining Stages in one sitting. This is not the way to deal with legislation. I have no idea why the Government finds itself in a situation where, day after day, it must resort to this mechanism to put through legislation as if the House was a sausage factory.

Caoimhghín Ó Caoláin

I object to the proposal that the Employment Permits Bill would proceed to face – as with so much legislation of the recent past – a guillotine to conclude deliberations. No logical explanation has been given why Second Stage is being brought to a conclusion this evening at 6.30 p.m. and why the Report and Final Stages will have a mere hour following immediately afterwards. It is important legislation and important amendments have been tabled by Members. We are not affording the House the opportunity to deal with the important elements of this Bill within the restriction of time proposed by Government. I oppose the proposal to enforce a guillotine in this case.

Mr. Durkan

On that issue, I remind the House that the practice of continuing with guillotines seems to be a fascination for the Government at present. A panic seems to have motivated the Government in introducing legislation which require a series of guillotines. These guillotines are not used to create efficiency or to meet particular deadlines but to exclude the Opposition from the normal debating practice to which it is entitled. I register Fine Gael's opposition to the proposal.

Ms Harney

I accept it is not best practice to take all Stages of any legislation in one day.

Mr. Timmins

In that case, why do it?

Ms Harney

From time to time, there are exceptional circumstances. There is a deadline. This legislation must be in place before the accession treaties are signed on 16 April next. That is the law that will apply.

Mr. Stagg

Why did the Government not bring it in before now?

Ms Harney

The important thing is that we are bringing it in. The Government has decided to open the labour market to the new member states from day one and that is why this legislation is necessary. That is, effectively, all that the legislation does. It is important that the legislation is passed. We have to do it in this way, unfortunately, as it has to be implemented before 16 April.

Question put: "That the proposal for dealing with No. 7a be agreed to.”

Tá

Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Blaney, Niall.Brady, Johnny.Brady, Martin.Breen, James.Brennan, Seamus.Browne, John.Callanan, Joe.Carey, Pat.Carty, John.Cassidy, Donie.Collins, Michael.Cooper-Flynn, Beverley.Cregan, John.Cullen, Martin.Curran, John.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Fox, Mildred.Gallagher, Pat The Cope.Glennon, Jim.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Hoctor, Máire.Jacob, Joe.

Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Kitt, Tom.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'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Seán.Ryan, Eoin.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Dan.Walsh, Joe.Wilkinson, Ollie.

Níl

Allen, Bernard.Boyle, Dan.Breen, Pat.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Connolly, Paudge.Costello, Joe.Coveney, Simon.Crawford, Seymour.Deasy, John.Durkan, Bernard J.English, Damien.Gilmore, Eamon.

Gogarty, Paul.Higgins, Joe.Higgins, Michael D.Lynch, Kathleen.McCormack, Padraic.McGinley, Dinny.McGrath, Paul.McManus, Liz.Mitchell, Olivia.Morgan, Arthur.Murphy, Gerard.Naughten, Denis.Neville, Dan. Ó Caoláin, Caoimhghín.

Níl–continued

Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Perry, John.Quinn, RuairíRabbitte, Pat.

Ring, Michael.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Stagg and Ó Snodaigh.

Question declared carried.

An Ceann Comhairle

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

Mr. R. Bruton

It is my understanding that Friday sittings will become standard as the Government's plans for Dáil reform are implemented. The principle being established in this proposal – that there will be no Order of Business on Fridays – is a wrong one.

Deputies

Hear, hear.

Mr. R. Bruton

The Government should be accountable to the House when the Dáil is sitting. As things stand, the Taoiseach comes to the House at 2.30 p.m. on Tuesdays and leaves at 12 o'clock on Wednesdays and that is the last we see of him.

Mr. Treacy

He is very busy.

Mr. R. Bruton

If we are to have Friday sittings, which is in accordance with Dáil reform—

Mr. McDowell

Where is the Fine Gael leader?

Mr. R. Bruton

—the Government should be present and properly accountable to the House in the usual manner.

Mr. Kelleher

Deputy Kenny is missing.

Mr. R. Bruton

Deputies should have the opportunity to raise relevant issues of concern.

Mr. Ring

The Taoiseach will go for the council.

Mr. Rabbitte

If we are to have Friday sittings, will the Tánaiste make a commitment to provide time to discuss the paralysis at the heart of the Government's health policy, arising from the dispute between the Ministers for Finance and Health and Children?

An Ceann Comhairle

That matter does not arise at this point.

Mr. Rabbitte

Will the Tánaiste allow Government time to debate the issues that arise from this paralysis?

Mr. Eamon Ryan

I know that many backbench Deputies on the other side of the House—

Mr. Cregan

The Deputy should speak for himself.

Mr. Eamon Ryan

—will be particularly keen to have a go at the Government—

Mr. Gogarty

The Deputies on the Government side cannot speak for themselves.

Mr. Cassidy

Welcome back.

Mr. Eamon Ryan

—and their abandonment of the national spatial strategy if we implement the rail review, as published today. The review is being discussed throughout the media, including in newspapers and on radio programmes. Given that we will sit tomorrow, I would ask the Government if it would it give time—

An Ceann Comhairle

We are discussing the proposal for the sitting tomorrow and we cannot go through the Government's whole legislative programme.

Mr. Eamon Ryan

Will the Government provide time tomorrow for discussion of the strategic rail review which is of interest to the inhabitants of every hub and gateway?

An Ceann Comhairle

The matter does not arise under this proposal. The Deputy will have to find another way of raising the matter.

Caoimhghín Ó Caoláin

As we will not have an Order of Business tomorrow in the understood meaning of the Standing Order, can the Tánaiste arrange for the Minister for Justice, Equality and Law Reform to come to the House to make a statement on the incident which took place outside the Oireachtas last night?

An Ceann Comhairle

That matter does not arise on the Order of Business.

Caoimhghín Ó Caoláin

Provision should be made to allow for questions from Members to the Minister for Justice, Equality and Law Reform regarding the scenes in which a Member of the House was dragged off.

An Ceann Comhairle

The Deputy must find another way of raising the matter.

(Interruptions).

An Ceann Comhairle

That does not arise. I will put the question.

Question, "That the sitting for tomorrow be agreed" put and declared carried.

Mr. R. Bruton

The Tánaiste and Minister for Enterprise, Trade and Employment is responsible for the Companies Bill. In January of last year, she promised that the Bill would be published during 2002, but we see now that the publication date has drifted by two years at a time when the last quarter exports have collapsed by 10%, company profits and industrial employment are down significantly and many of the problems stem from the Government's failure to address issues.

An Ceann Comhairle

It is not appropriate to make a long speech on the Order of Business.

Mr. R. Bruton

The Minister for Enterprise, Trade and Employment is giving a poor example by allowing her legislative programme to slide in this manner.

The Tánaiste

As the Deputy knows, the legislation referred to has nothing to do with export performance. One new investment has been announced each week for the past 14 weeks which is spectacular given the current global downturn.

Mr. R. Bruton

How does the Minister explain the 10% decrease in exports in the first quarter?

An Ceann Comhairle

That does not arise at this stage.

Mr. R. Bruton

The Minister did not answer the question on the progress of the legislation.

An Ceann Comhairle

Members should confine themselves to questions they are entitled to ask on the Order of Business.

Mr. R. Bruton

I asked a question on the Companies Bill, but I did not receive an answer.

An Ceann Comhairle

When is the Companies Bill to come before the House?

The Tánaiste

The Companies Bill is significant legislation which contains more than 1,000 heads. I accept that it is taking longer than we would wish to bring before the House, but it will be ready later this year or next year.

Mr. Rabbitte

Does the Tánaiste agree with me that protecting access to and egress from this House is important? Has she had reports, as I have, to the effect that ordinary gardaí did a good job and handled last night's situation correctly, but that there was no need to call in the riot squad?

An Ceann Comhairle

The matter does not arise.

Mr. Rabbitte

If the riot squad is to be called in in circumstances like this—

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Rabbitte

I would like to ask the Tánaiste if she agrees—

An Ceann Comhairle

Deputy Rabbitte is out of order. If I allow Deputy Rabbitte to speak on this, I will have to allow a whole debate. I have already allowed Deputy Costello to raise the matter on the Adjournment. Deputy Rabbitte is anticipating the debate.

Mr. Rabbitte

I had finished my question. Does the Tánaiste agree that if gardaí from the public order squad present in circumstances, they should be seen to wear their numbers given the experience in other parts of the city?

An Ceann Comhairle

As I have explained, the matter does not arise on the Order of Business. Deputy Costello has been given leave to raise the matter on the Adjournment at which time there will be a proper debate.

Mr. Rabbitte

Those people who are interested in the right of free protest on an issue as major as the current war want to hear the Tánaiste's views.

An Ceann Comhairle

Of course they do. The matter will be dealt with in the appropriate way on the Adjournment this evening.

Mr. Cassidy

Deputy Costello will share time with Deputy Rabbitte.

Mr. Rabbitte

The Taoiseach is not in the House to discuss this topical matter which means there is no time for Leader's questions.

An Ceann Comhairle

Deputy Rabbitte is anticipating the matter which will be raised by his colleague, Deputy Costello, in the appropriate way on the Adjournment.

Mr. J. Higgins

On a point of order, the Ceann Comhairle mentions that Deputy Costello is to raise the matter on the Adjournment. Many Members have sent in special notice questions. Will you accede to that and have the Minister for Justice, Equality and Law Reform come to the House to answer them.

An Ceann Comhairle

The matter will be looked at.

Mr. J. Higgins

Will you examine the special notice questions and ask the Minister for Justice, Equality and Law Reform to answer for the disgraceful behaviour last night?

Mr. S. Power

Deputy Joe Higgins should be given the opportunity to apologise to the House for his behaviour last night.

Mr. Crawford

Given the dire situation in which patients in the Border region cannot get access to the Mater Hospital and other such facilities, can the Tánaiste say when there will be a full discussion in this House under the health complaints Bill?

An Ceann Comhairle

Questions on the Bill were answered yesterday and the day before.

Mr. Crawford

I have received reports of a mother of 12 who is sitting at home and cannot gain access to a hospital.

The Tánaiste

The heads of the Bill are expected in the middle of this year.

Mr. Boyle

Given the loss of jobs at the Wellman plastics recycling factory and the Government's previous indifference to the closure of the Irish Glass Bottle factory, why do we not have before us the Protection of the Environment Bill, consideration of which has been completed in the Seanad? It will not form part of next week's business and the following week the House will sit for only two days. It is an important Bill and it deserves as much time as possible.

The Tánaiste

Second Stage of the Bill is due to be taken in this House shortly.

Mr. Boyle

When will it be before the House?

The Tánaiste

That is a matter for the Whips.

Mr. Quinn

It is not. It is a matter for the Government.

Mr. S. Power

Can the Tánaiste express to the Garda Commissioner our appreciation for the professional manner in which gardaí dealt with last night's protest which was anything but peaceful? I would welcome the opportunity to discuss the matter in the House.

An Ceann Comhairle

That is not in order.

Mr. S. Power

Certain parties in this House are attempting to undermine the Garda.

An Ceann Comhairle

It is not appropriate to raise the matter on the Order of Business.

Mr. Stagg

Deputy Seán Power was almost the cause of a riot last night when he drove his car from Leinster House.

Mr. S. Power

I would welcome the opportunity to have a debate with Members who caused trouble.

An Ceann Comhairle

That is not a matter for the Order of Business.

Mr. S. Power

It is important that we have balance in the debate rather than have this sort of situation.

Mr. Stagg

On a point of order, the Taoiseach and the Tánaiste, representing the Government on the Order of Business, are incorrect to constantly repeat that it is a matter for the Whips to order business in this House. It is a matter for the Government.

An Ceann Comhairle

That is not a point of order.

Mr. M. Higgins

It is for the Government to introduce legislation. That is its function.

Ms O'Sullivan

I wish to raise the matter of the health complaints Bill as I live in a region where I have a health complaint.

An Ceann Comhairle

The Bill has been raised and an answer has been given to Deputy Crawford.

Ms O'Sullivan

I live in a region where we have no breast screening and no radiotherapy. We are treated like second-class citizens.

An Ceann Comhairle

The matter was dealt with by the Tánaiste about 30 seconds ago.

Mr. Costello

Arising from the many complaints made about the failure of riot squad members to wear identification numbers outside the House last night, I ask that the Minister for Justice, Equality and Law Reform inform the House of when he intends to introduce the Garda inspection and complaints Bill. and if he will upgrade it to a Garda Ombudsman Bill?

On the promised Intoxicating Liquor Bill, now that the final report has been published, although the Minister has taken no action on the three interim reports, can the House be given some idea of when the Bill is likely to be enacted?

The Tánaiste

The heads of the Garda inspection and complaints Bill are expected in the next couple of weeks and the legislation will be published later this year. On foot of the Intoxicating Liquor Commission report, the Minister for Justice, Equality and Law Reform intends to bring forward two Bills.

Mr. J. Higgins

Does the Tánaiste have anything to say about the cluster bombs shredding Iraqi children which were sent through Shannon Airport?

An Ceann Comhairle

I will call Deputy Joe Higgins shortly on a matter appropriate to the Order of Business.

Mr. Neville

When will a Bill be ready to establish a system of statutory registration for 14 health and social care professions, including physiotherapy?

The Tánaiste

The Bill will be ready in the middle of this year.

Ms Burton

Is the Tánaiste concerned that tens of thousands of investors who have invested in equity-based SSIAs have lost almost half of their investment? Is the Tánaiste concerned that this country has no financial ombudsman? What is to happen with the Central Bank and Financial Services Authority of Ireland Bill? The SSIA scheme was a creation of the Minister for Finance.

An Ceann Comhairle

On the legislation.

Ms Burton

Investors all over the country today are being given the news that half their investments are lost.

An Ceann Comhairle

We cannot discuss the contents of the Bill. The Tánaiste on the proposed legislation.

The Tánaiste

The financial ombudsman legislation will be published later this year.

Mr. J. Higgins

Does the Tánaiste feel any guilt having assisted the United States to cluster bomb innocent men, women and children in Iraq? The Government has assisted the passage of those aeroplanes through Shannon.

An Ceann Comhairle

That does not arise, Deputy. I call Deputy Durkan.

Mr. J. Higgins

Will the Tánaiste ask the Minister for Justice, Equality and Law Reform to come to the House today to answer questions about the behaviour of the gardaí last night?

An Ceann Comhairle

I have already ruled out that question. It does not arise on the Order of Business.

Mr. J. Higgins

The Tánaiste represents the Government in the House today.

An Ceann Comhairle

That is quite correct and there are ways and means within Standing Orders of raising these matters, Deputy, and the Order of Business is not one of them.

Mr. J. Higgins

I have submitted a Private Notice Question and the Ceann Comhairle seems to have decided not to take it.

An Ceann Comhairle

Private Notice Questions will be considered in the usual way, Deputy.

Mr. Durkan

On the formation of the present Government, there was legislation promised to exchange powers, functions and controls between the Department of Community, Rural and Gaeltacht Affairs and the Department of the Environment and Local Government. Unless this legislation is introduced soon, the lifespan of the Government is likely to be finished and the exchange may never take place. This will lead to serious and considerable confusion.

The Tánaiste

The legislation is due later this year. I do not know why the Deputy is asking that question.

Mr. Durkan

I was just testing.

Ms Lynch

Is the Tánaiste aware that the amount of leave available to both adoptive and natural mothers is far too short? Is she prepared to take this into consideration under the adoptive leave (amendment) Bill and in relation to the Maternity Protection Act?

An Ceann Comhairle

The contents of legislation cannot be discussed.

The Tánaiste

The Bill will be published later this year.

Aengus Ó Snodaigh

Considering the disgraceful behaviour of the riot squad of the Garda Síochána last night and the total mismanagement of the peace process, when are we likely to see the citizens' protection Bill come before the House so that citizens can be protected against bully boy tactics?

An Ceann Comhairle

The Deputy cannot make a statement. There will be an opportunity to make a contribution when the Bill comes before the House.

The Tánaiste

There is no such legislation promised.

Aengus Ó Snodaigh

Is it likely to be introduced?

Ms McManus

There are serious problems in the health service. It is now clear that the warfare between the Minister for Health and Children and the Minister for Finance is becoming more public.

An Ceann Comhairle

Has the Deputy a question appropriate to the Order of Business?

Ms McManus

I certainly have. I ask the Tánaiste and the Taoiseach to sort this problem out before the problems get worse.

An Ceann Comhairle

Sorry, Deputy, I call Deputy James Breen.

Ms McManus

I ask for a debate in the House to ensure that the crisis in the health service which is worsening on a daily basis—

An Ceann Comhairle

I call Deputy Breen.

Ms McManus

I am sure the Tánaiste has a view.

An Ceann Comhairle

The Tánaiste would be out of order to express her view here on the Order of Business.

Mr. Quinn

It is in order.

Ms McManus

How will the situation in the health service improve when Ministers are sniping at each other on a daily basis?

The Tánaiste

We have numerous debates in this House on different matters in the area of health services and the Whips can discuss the proposal.

Mr. Quinn

When was the last one?

The Tánaiste

There was a Private Member's motion a few weeks ago in relation to health.

An Ceann Comhairle

We cannot have a debate now.

Ms McManus

Will the Government provide time for a debate?

Mr. J. Breen

I ask the Tánaiste whether the Government can and will use the veto in relation to the bilateral agreement on Shannon Airport?

An Ceann Comhairle

I suggest the Deputy submits a question on the subject.

Mr. J. Breen

Surely, a Cheann Comhairle, it requires a change in legislation if the bilateral agreement is to be changed?

Mr. Stagg

That is correct.

Mr. J. Breen

I am entitled to ask the question.

An Ceann Comhairle

It must be a question on promised legislation either from inside or outside the House.

Mr. J. Breen

The legislation has to be changed.

An Ceann Comhairle

Has legislation been promised, Deputy?

Mr. Stagg

It has been threatened.

Mr. Quinn

It was implicit in the negotiations.

Mr. J. Breen

May I have an answer to the question?

The Tánaiste

There is none promised in relation to the matter raised but the air navi gation and transport Bill is due next year. There are Bills relating to the Montreal Convention and the Cape Town Convention and they are due this year and next year.

Mr. M. Smith

The Deputy can put that in his pipe and smoke it.

Mr. Wall

Given the huge increases in car insurance premia for all drivers and for young drivers, in particular,—

An Ceann Comhairle

Has the Deputy a question?

Mr. Wall

When will the driver testing agency Bill will be brought before the House?

The Tánaiste

That Bill will be ready later this year.

Mr. Sherlock

I have two questions for the Tánaiste. Due to the problems with water supplies, when is it proposed to introduce the water services Bill? When will the long awaited disability Bill, which is a major issue, be introduced?

The Tánaiste

The water services Bill will be introduced in the middle of 2003. There are two Bills promised on the subject of disability and both will be published before the summer.

Mr. Gogarty

The Tánaiste may have pre-empted my question but I wish to double-check. Given the huge concern among parents of children and adults with intellectual disabilities, will the promised legislation on the education for persons with disabilities Bill come before the House before Easter as promised?

The Tánaiste

Those Bills will be published after Easter but before the summer recess.

Mr. Coveney

Figures for death by drowning relating to Ireland do not compare well with our European neighbours or Canada and the United States. We have been promised that new marine safety regulations will be implemented. Is there legislation planned in this area because it does not appear on the list of legislation and, if so, are we likely to see it before the summer recess?

The Tánaiste

If it is not on the legislative list, then obviously there is no legislation planned. I can check out that information for the Deputy.