It is proposed to take No. 11, motion re referral to joint committee of the Freedom of Information Act 1997 (Miscellaneous Revocations) Regulations 2003; No. 18, statements on Northern Ireland; and No. 1, Opticians (Amendment) Bill 2002 [Seanad] – Second Stage. It is proposed, notwithstanding anything in Standing Orders that No. 11 shall be decided without debate; the proceedings on No. 18 shall, if not previously concluded, be brought to a conclusion after 70 minutes and the following arrangements shall apply: the statements of the Taoiseach and of 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 15 minutes in each case; Members may share time; the Minister for Foreign Affairs shall be called upon to make a statement in reply which shall not exceed ten minutes. Private Members' Business, which shall be No. 33, motion re severe acute respiratory syndrome, to be taken at 7 p.m. or on the conclusion of No. 18, whichever is the later, for 90 minutes and shall also be taken tomorrow immediately following the Order of Business.
Order of Business.
There are three proposals before the House. Is the proposal for dealing with No. 11 agreed?
No, there was no Whips' meeting on any of these matters. The Fine Gael Party with the Labour Party and others objected to the manner in which the Freedom of Information Act was handled. I object to this matter being referred to committee without debate. There should be a debate on this matter which is of fundamental importance to everyone.
Is the proposal for dealing with No. 18 agreed?
No. I wrote to the Taoiseach last week following the banning of the Assembly elections by the British Government and requested that a special debate be facilitated here during the course of this week that would allow adequate time for Members to put questions to the Taoiseach and the Minister for Foreign Affairs. The proposal before us provides limited time for statements only. The Taoiseach must be aware, having dealt earlier with Taoiseach's questions, that all questions relevant to Northern Ireland and the peace process were withdrawn in anticipation of No. 18, statements on Northern Ireland. My questions have been withdrawn, as have those of other Members, yet there is no accommodation for questions to the Taoiseach or the Minister following statements. That is outrageous. We cannot now ask questions on these issues. All we have is a facilitation for limited time statements and questions are being dumped.
I previously raised a similar matter with the Taoiseach who, in fairness, acknowledged that proceeding in such a manner was unjust and unfair to Members, but it is happening again. I appeal to the Taoiseach to intervene to ensure an increase in time to accommodate greater participation and to provide for questions to him or the Minister for Foreign Affairs. That is imperative given the seriousness of the issue before us. Failing a positive response from the Taoiseach, I will have no alternative but to oppose the Order of Business as I believe this is a wholly inadequate facilitation.
On the submission of questions, they may be submitted for next week. They could not be submitted this week because they anticipated today's debate under Standing Order 34(6).
Our questions were not accommodated earlier and are not being accommodated now.
I do not wish to go over the business dealt with earlier but statements do not allow for the taking of questions and answers. The Chair, in pursuance of Standing Order 34(6) disallowed questions on an issue—
The Deputy may raise that matter on the next item.
There is a correlation between this issue and the health issue dealt with earlier today in that it precludes Members from asking questions this week when this is the relevant week to do so.
As pointed out by the Chair earlier today, Standing Order 34(6) is specific. If Members wish to change it they know how to do so. I will not enter into a debate on the matter.
May I make—
The Chair has ruled on the matter. If the Deputy is not satisfied, he knows what to do.
I do not disagree with the Chair's ruling. I am not trying to challenge the Chair but I wish to make one point. It was found, on the Finance Bill—
We are not getting into a discussion on the matter.
This is a precedent.
If the Deputy wishes to raise that question he may do so on the next item, Private Members' Business. We are dealing now with the proposal for statements on Northern Ireland.
I am sorry to delay the Taoiseach, but I wish to raise the very important matter of a Nigerian woman who is condemned to be—
The Deputy should resume his seat. We are dealing with the proposal regarding statements on Northern Ireland.
On a point of order, I want to ask a question.
The Deputy may not make a point of order at this time.
I wish to raise a point of order about a woman—
We are dealing with the proposal re statements on Northern Ireland.
I want to ask—
I will hear what the Deputy has to say on the Order of Business. I will not hear him when we are discussing the proposal re statements on Northern Ireland.
Will I have an opportunity to raise the matter on the Order of Business?
If the Deputy is in order we will hear what he has to say.
We would not normally take statements on Northern Ireland but would debate EU matters following the summit, but in the circumstances, the House agreed we would have statements on Northern Ireland. Questions on Northern Ireland will be taken for three quarters of an hour next week.
Is the proposal agreed?
No. With respect, the Taoiseach has not properly answered the very sound arguments put.
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Ahern, Bertie.Ahern, Dermot.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.Cowen, Brian.Cregan, John.Cullen, Martin.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Harney, Mary.Haughey, Seán.Hoctor, Máire.Keaveney, Cecilia.Kelleher, Billy. |
Kelly, Peter.Killeen, Tony.Kirk, Seamus.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Michael.Mulcahy, Michael.Nolan, M. J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.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.Wallace, Mary.Walsh, Joe.Wilkinson, Ollie.Woods, Michael.Wright, G. V. |
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Allen, Bernard.Boyle, Dan.Breen, Pat.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Connaughton, Paul.Connolly, Paudge.Costello, Joe.Cowley, Jerry.Crawford, Seymour.Crowe, Seán.Cuffe, Ciarán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon. |
Gormley, John.Harkin, Marian.Hayes, Tom.Healy, Seamus.Higgins, Joe.Higgins, Michael D.Howlin, Brendan.Kehoe, Paul.Kenny, Enda.Lynch, Kathleen.McCormack, Padraic.McGinley, Dinny.McGrath, Finian.McGrath, Paul.McManus, Liz.Mitchell, Gay.Murphy, Gerard.Naughten, Denis. Neville, Dan. |
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Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Quinn, Ruairí.Rabbitte, Pat.Ring, Michael. |
Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Twomey, Liam.Upton, Mary.Wall, Jack. |
Is the proposal for dealing with Private Members' business agreed to? Agreed.
When can we expect to see the animal health Bill? On 15 April in the House, I asked the Taoiseach if he would instruct the Minister for Agriculture and
Food—
Ciúnas.
There seems to be a conspiracy by the Fianna Fáil backbenchers to protect the Taoiseach. On 15 April in the House, I asked the Taoiseach if he would instruct the Minister for Agriculture and Food to intervene in the industrial dispute in his Department, which has severe ramifications for food safety.
The Deputy's first question is in order. His second question is the subject of the Adjournment Debate tonight.
The dispute has been going on for more than three weeks and could escalate. There is a severe difficulty with respect to food safety.
Early 2004.
I trust the Minister will still be in situ then.
In the legislative programme published today the Taoiseach commits to the Redundancy Payments Bill. I recently had a meeting with the workers at Comerama in Castlecomer, County Kilkenny. In TexTech, the Tánaiste committed to making the Bill retrospective and redundancy settlements were entered into on that basis. I ask the Taoiseach if the Tánaiste is persisting in the view that that is no longer possible although she entered into an agreement.
We cannot discuss the contents of the legislation. When will the Bill come before the House?
It was published today and it is not legally possible to have retrospection.
If that is the case the Tánaiste should not go around the country making promises.
We cannot have a debate on the Bill at this stage. I call Deputy Sargent.
I did not make promises. I said if I could, I would.
I ask the Tánaiste not to interrupt Deputy Sargent.
The Leas-Cheann Comhairle was one of the witnesses.
I can show the Deputy the minutes.
The Deputies are holding a constituency meeting.
Constituency colleagues will have to find a place other than the Chamber to discuss these matters.
I ask about the Oireachtas appointment of inspectors to assist committees Bill in the light of the Ombudsman's advice that legal help should be available to Deputies to allow them to do their work, particularly in preparing legislation. However, this Bill is not to be found in the published list which has come before us. Has there been an inadvertent omission or has the Ombudsman annoyed the Government so much that it has decided to drop the one Bill that was seen to be of use in helping Deputies to do their work?
The contents of the Houses of the Oireachtas Commission Bill will now be in the investigation Bill. It has been moved into separate legislation which will be introduced.
What will it be called?
It will be the commission of investigation Bill and will be available this session.
The Department of Education and Science proposes to publish an amendment Bill to inquire into child abuse. What are the technical amendments proposed to the principal Act?
That is not appropriate to the Order of Business. The Deputy should submit a parliamentary question to the Taoiseach.
The Taoiseach might want to explain it.
The heads of the Bill were approved a few weeks ago and it is hoped to bring forward the Bill this session. They are largely technical amendments to the principal Act to allow for more effective and efficient operation of the Commission of Inquiry into Child Abuse.
The health (complaints) Bill will establish a statutory framework for the handling of complaints within the health services. Will the Taoiseach bring forward this Bill to an earlier date in view of the fact that there are many more complaints about the health service and I presume he would be expecting an increasing number when the Government cutbacks have an increasing impact on health care services? Can the Taoiseach ensure that at least people have a statutory recourse—
The Deputy will have an opportunity later this evening during the Private Members' motion to discuss the issue in detail.
—when they find they cannot access the treatment to which they are entitled under the law?
The Bill will be published next year.
Given that there is a serious legislative backlog in the health area, why does the list of Bills to be published up to the summer recess contain only one Bill from the Minister for Health and Children and none whose heads have been agreed? Item No. 73 on the programme refers to the health (complaints) Bill. In the programme published in autumn 2002, it was clearly indicated that the Bill would be introduced this year, but it will only be published this year.
We cannot have a detailed discussion on it.
What is the delay? When will we see the health (complaints) Bill, the nurses Bill, and the medical practitioners Bill?
The heads of the health (complaints) Bill are expected towards the middle of this year and the legislation will be next year. The heads of the medical practitioners Bill are expected late this year and it will be next year before the Bill is introduced. The heads of the nurses Bill to amend the Nurses Act 1985 are expected this year but the legislation is unlikely to be enacted until next year.
The health (complaints) Bill was on last autumn's programme.
I take it Deputy Ó Caoláin did not forget Standing Order 26 during the short recess.
Amina Lawal, who has been condemned for the crime of adultery, is to be buried up to her neck and stoned to death.
This does not arise on the Order of Business.
Her death has been postponed for one month so that she can continue to nurse her baby.
The Deputy will have to find another way of raising the matter. I understand it is the subject matter of Question No. 272 on today's Order Paper in the name of Deputy Boyle and Deputy Mitchell should not anticipate the answer to his question.
On today's Order Paper, there are two items, Votes 38 and 39 relating to the Department of Foreign Affairs. Yesterday a decision was taken to appoint an ambassador to Nigeria. I do not want that to proceed until this matter is addressed.
The Deputy will have to find another way of raising the matter.
We should not have any sort of civilised relations with a government and a supreme court that upholds such an horrific sentence.
The Deputy is out of order.
I am asking if Vote 38 can be taken on the floor of the House rather than at the committee to allow us to explore these matters. This is an outrageous uncivilised act for any government to participate in.
There can be consultation about where it is taken.
We should have the ambassador in.
In the announcement in October for that Dáil session, in the announcement of January for the past session and now in the announcement for the current session, the education for persons with disabilities Bill has been highlighted. Can we get an assurance that the Bill will be published in this session and that the public will not be misled again?
An enormous amount of work is going on to try to get that Bill through. It is the number one priority of all the legislation. It is a very important Bill, as the Deputy knows. It has to provide an overall statutory framework and what happens in that Bill will lead on to the disabilities Bill. It is hoped to try to get that Bill published in this session. There are a number of people from different Departments working on it because it is related to what happens afterwards in the disabilities Bill. I assure the Deputy that it is a priority.
This is the third draft programme we have received from the Government since last September. We were then told that the charities Bill would be available in 2003. In January we were told it would be available in 2005 and this programme reveals that it will be available in 2004. Is the Bill being drafted by the national lottery?
That is a frivolous question, Deputy. We move on now to Deputy Allen.
May I ask the Taoiseach if that is the date and why does it keep changing?
Will the Taoiseach give an indication of when the following Bills are to be published so that we can arrange our business – the water services Bill and the residential property Bill? When will the House deal with the Protection of the Environment Bill which has gone through all Stages in the Seanad?
The heads of the water services Bill have been approved and the Bill should be available this session. The Protection of the Environment Bill is in the Seanad.
It has gone through.
It has gone through the Seanad already and will be in the Dáil in the next few weeks.
What about the residential property Bill?
That will be published this month.
What does the Taoiseach have to say to the 120 parents of severely disabled children in St. Vincent's day care centre on the Navan Road who are currently marching up and down in my constituency and in the Taoiseach's constituency because the respite care has been cut?
Does the Deputy have a question appropriate to legislation?
What assurances can the Taoiseach provide in regard to both the education for persons with disability Bill and the disabilities Bill that the plight of these parents and their children will be addressed?
That question was already answered.
That was already answered in reply to the Deputy's colleague, Deputy O'Sullivan.
No, it was not.
The disabilities Bill was not mentioned.
The legislative programme states that the International Criminal Court Bill is expected in mid-2003 but it is not listed as a priority despite the fact that we voted to accept the International Criminal Court. The Bill is a simple enough one; why is it still outstanding and when are we likely to see it?
It is hoped that the Bill will be published during the summer for the autumn session. It will not be ready before the summer.
Further to the question raised by Deputy Rabbitte on the Redundancy Payments Bill, is it intended to have the legislation passed during this Dáil session? The news there is no retrospection will come as a great shock to the workers of Square D given that the Tánaiste told them she would do what she could for them only a couple of weeks ago.
The content of the Bill does not arise. The Taoiseach to reply on the question of the legislation.
On the same matter—
There cannot be another question on the same matter. The Bill is published today and Deputies will get an opportunity to debate the details of it.
The Tánaiste must have been on a goodwill tour on that occasion.
What plans does the Taoiseach have to compensate the many businesses in south Wicklow that have gone to the wall due to liquidation of IFI which was 51% State owned?
I ask the Deputy to resume his seat. I call Deputy Gilmore.
There are several small family businesses who were creditors and have not been paid.
Deputy Timmins is out of order. He should raise the matter in another way.
I want to know what proposals the Taoiseach has to deal with these people. I have tried to raise this matter but I have received no satisfaction whatsoever. Several families have been sold out by the Government.
The Deputy knows he is out of order.
I heard the Taoiseach reply to Deputy Allen that the residential tenancies Bill which used to be known as the Housing (Private Rented Sector) Bill will be published this month. On 29 January he told us it would be ready in a couple of weeks. On 12 February he told us it would be taken last session. On 12 March he gave the same reply. On 10 April the Tánaiste said it would be ready by the end of April.
Does the Deputy have a question appropriate to the Order of Business?
I do, yes. I have asked many questions about this Bill. On 16 April, the Tánaiste told the House that the Bill would be published during the recess. What is delaying the Bill—
Confusion.
—and will it definitely be published?
Deputy, the question has already been answered. We must move on.
A Cheann Comhairle, I am not finished my question. I am asking the Taoiseach what is delaying the publication of this Bill and if it will definitely be published this month because—
The Taoiseach has already answered the question.
—we have had repeated broken promises about this Bill.
I did say it would be published on some of those dates. It is an important Bill and there are a number of things to get right both legally and technically within the Department and the Attorney General's office which has delayed its publication. I have been assured –and I hope I do not have to correct myself again – that we will see the Bill this month.
I wish to raise the issue of the Foyle Fisheries (Amendment) Bill which aims to update the 1951 legislation. It was hoped that it could be dealt with at a local level in terms of the executive but the delays that have occurred are seriously stymieing development on the Foyle. I ask that this Bill be prioritised and dealt with as soon as possible because the people on the Foyle cannot wait.
It is true to say that the Bill was delayed because the drafting of the text preceded it to try to make sure that publication would coincide with consultation and publication in Northern Ireland. The heads of the Bill have been approved for some considerable time. I will have the matter examined. The Bill was to be ready later on this year but I will check that for the Deputy.
We were told that this Bill would be published before the end of this year, then it was to be before the summer recess and now it is not known when it will be published.
Which Bill?
The disabilities Bill. Is there a problem with it and can the Taoiseach give us some indication if it will be published this year or next year?
As I explained earlier, the Bill is a priority as is the education for persons with disabilities Bill, both of which come together. We are endeavouring to complete the education for persons with disabilities Bill which will provide a framework for the disabilities Bill. That does not mean there is no work taking place on the disabilities Bill – there is a considerable amount of work. The view is that we must get the education for persons with disabilities Bill through because that provides the statutory framework which will relate to what happens afterwards for people with special needs. If possible, we aim to get that Bill published and passed this session which will allow work to proceed with the disabilities Bill.
That is a change.
I am told by people involved with this important legislation, of whom there are many, that the logical thing to do is to get the education for persons with disabilities Bill through as that provides a framework to continue with the work in the other aspects and then we will try to get the disabilities Bill through the Houses. The intention is to pass both of them as soon as possible.
When will the Bill be published?
Not until the other Bill is passed after which the work on the disabilities Bill can be completed.
The Houses of the Oireachtas Commission Bill has gone through Second Stage in the House and has been before the Select Committee on Finance and the Public Service for a considerable period of time without being dealt with. Will the Taoiseach consider the action, taken in similar situations where Committee Stage of a Bill is unduly delayed, to make an order to require the committee to deal with the Bill?
I am not familiar with the problem but I will check it for Deputy Stagg.
I thank the Taoiseach.
I have two questions. When will the Official Languages (Equality) Bill come before the Dáil? Will the Taoiseach prioritise the enforcement of fines Bill which will end imprisonment for offences like failure to pay a dog licence? A constituent of mine was in jail recently for 12 days for non-payment of a dog licence.
The Taoiseach on the legislation. We cannot discuss the possible content of the Bill.
There is a bite in that law.
Who advised the Minister for Justice, Equality and Law Reform on that legislation?
The first Bill is at Report Stage in the Seanad so it will come forward. In regard to the enforcement of fines Bill, I do not have a date for it but work is at a preliminary stage of examination. There is an enormous number of Bills from the Department of Justice, Equality and Law Reform.
It would be better if they left the dog alone and muzzled the Minister.
There is no need for the Minister to go to extremes like that.
When does the Taoiseach expect the Whistleblowers Protection Bill to emerge from committee and finally become law?
In relation to Votes 25 and 34, we hear almost daily of more projects being abandoned in the so-called RAPID programme. Do either of those Votes include any provision for RAPID? The latest casualty on the north side is the Bunratty Road apartments in Coolock.
The Deputy has asked his question.
A few weeks ago, the Taoiseach's party colleague, Deputy O'Connor, was distraught—
The Deputy cannot make a statement. I call the Taoiseach on the legislation.
—with the hassle he was getting in relation to the RAPID programme.
We must move on so that we can conclude the statements on Northern Ireland before Private Members' time. I will take further questions from Deputies Howlin and Durkan and the Taoiseach may take the three questions together. I ask the Deputies to be brief.
I wish to ask two related questions on one of the most important issues affecting business, the cost of insurance here. The Government's legislative programme promises a personal injuries assessment Bill and an oddly titled Bill to reform the law on personal injuries, separate legislation. What is promised is that the heads of these Bills will be published. Is it intended to refer the heads of the Bill to the committee on enterprise, which is already conducting its own investigations in relation to this matter?
I wish to inquire as to the present condition and whereabouts of a couple of Bills. The defamation Bill has been lingering somewhere for some considerable time and the building control Bill has been under construction for quite a while. Members have been receiving correspondence from various interested parties. What is the present state of progress and what is the Government's intention in that regard? What is the position with the gas regulation Bill, which should generate some heat and the minerals development Bill? My final question relates to the Bill to replace the Official Secrets Act, the criminal justice (protection of confidential information) Bill. The progress of some of those Bills has not been spectacular. I wonder if progress can be expedited?
Members have asked about six Bills and I know the Ceann Comhairle is trying to keep within a time of 70 minutes. Perhaps I will just give the Deputies a note on the relevant Bills to save time. The Whistleblowers Protection Bill is on Committee Stage, as I indicated previously. In relation to the personal injuries assessment board Bill, I do not believe it was intended to publish the heads of the Bill. There are two Bills on this area, one from the Tánaiste and one from the Minister for Justice, Equality and Law Reform, both of which are being given priority. The Bill in relation to the general scheme for the personal injuries assessment board is currently being drafted and is to be with the Government shortly. The Minister for Justice, Equality and Law Reform is also giving priority to the Bill which relates to his Department.
Is the Bill entitled a Bill to reform the law on personal injuries?
The relevant Bill is the courts Bill.
I will give Deputy Durkan a note.
Will the Taoiseach clarify whether it is the Bill, or the heads of the Bill, which will be published in this session? The legislative programme refers to the heads of the Bill.
It is the heads of the Bill.
The heads only.
Yes.