Order of Business.

The Tánaiste:

The Order of Business today shall be as follows: No. 12 – motion re Referral to Joint Committee of proposed approval by Dáil Éireann of the draft Civil Service Code of Standards and Behaviour; No. 19 – Local Government Bill 2003 [Seanad] – Order for Report, Report and Final Stages; No. 20 – Statements on European Council, Athens, to be taken not later than 2.10 p.m. and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, or the order of the Dáil of 7 May 2003, that No. 12 shall be taken before Private Members' business and shall be decided without debate; the proceedings on No. 20 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply: the statements shall, if not previously concluded, be brought to a conclusion after 60 minutes and the statements of the Minister for Foreign Affairs and of the main spokespersons for the Fine Gael Party, the Lab our 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; immediately following the statements, the Minister for Foreign Affairs shall take questions for a period not exceeding 20 minutes. Private Members' Business shall be No. 33 – motion re Severe Acute Respiratory Syndrome (resumed) to be taken immediately after the Order of Business and to conclude after 90 minutes.

An Ceann Comhairle:

There are two proposals to be put to the House. Is the proposal for dealing with No. 12 agreed to?

Mr. Kenny:

I have raised matters such as this previously. There was not a Whips' meeting and I understand no information is available to this side of the House as to what this is about. The Fine Gael Party Whip has asked for information. The proposals in respect of the Civil Service code of standards and behaviour have not been given to us, so we are being asked to approve sending a matter to a joint committee without knowing what we are sending. This practice is not good for the House. Opposition parties are entitled to have the relevant information before we give it formal approval.

Caoimhghín Ó Caoláin:

As a member of the Committee on Finance and the Public Service to which this motion is being referred, I find it unacceptable that no information is being provided and the referral is to be made without debate. Yesterday and consistently on the Order of Business we have raised the fact that matters are passing through this House without sight of Members. It is outrageous that we are referring material to committees without any deliberations or access to information. The whole approach of the Government in this area is minimalist to say the least and is highly objectionable.

Ms Burton:

As a member of the Committee on Finance and the Public Service, I and my colleague, Deputy Ó Caoláin, have, on a number of occasions in the course of debates on various Bills on financial services regulations and other matters, pointed out that when public appointments are being made, as is the case in many of these Bills, there is no clear code of conduct for civil servants, particularly where—

An Ceann Comhairle:

The Deputy may not discuss the content of the motion.

Ms Burton:

Members of the House are entitled to receive the draft code, of which we on the Committee on Finance and the Public Service have had no sight, despite raising this important matter of public interest during its debates and discussions of various Bills. It is a shame it is not available to the House this morning.

Mr. M. Higgins:

Hear, hear.

The Tánaiste:

The motion in question is a draft done under the SMI process. The intention is to send it to the joint committee to be discussed and, if necessary, returned to the House. While I do not know whether members of the committee will receive the draft today or tomorrow, they will certainly receive it.

Mr. M. Higgins:

That is nonsense.

The Tánaiste:

It is not nonsense. The whole purpose—

Mr. M. Higgins:

It is nonsense and it is outrageous.

An Ceann Comhairle:

Allow the Tánaiste to speak without interruption, please.

The Tánaiste:

It is clearly appropriate that a committee should discuss the code before we start to debate it here.

Mr. Stagg:

It will not be debated at all.

The Tánaiste:

It can be debated if Members so wish.

Mr. Stagg:

On a point of order, may we have clarification that the Tánaiste said the motion will be debated in the House subsequent to it being discussed by the joint committee? Is that what she said?

The Tánaiste:

It is a matter for the House to decide what is discussed here. It will be referred back to the House. It will be discussed by the committee in the first instance.

An Ceann Comhairle:

Is the proposal for dealing with No. 20, statements on European Council, Athens, agreed? Agreed. I call Deputy Kenny on the Order of Business.

Mr. Kenny:

This party has raised on a number of occasions the serious concern throughout the country about the abuse of drink and drugs. Those concerns were highlighted by comments made by the President in the US yesterday.

An Ceann Comhairle:

I remind the House that a long-standing rule is that the President is outside the realm of debate in the House.

Mr. Kenny:

I know that. Those concerns were expressed by the President in the US.

An Ceann Comhairle:

As the Deputy knows, there is a long-standing rule that the President is outside and above debate in the House.

Mr. Kenny:

I am aware of that. I am only making a passing reference to the urgency of the issue. Deputy Deasy published an action plan to deal with this issue as a matter of urgency. Why is it only proposed to publish the Intoxicating Liquor (Codification) Bill before the summer recess? What is the Abbottstown Sports Centre Authority Bill?

Mr. Durkan:

That is a good question.

Mr. Kenny:

Does it deal with the aquatic centre or is it for something more expansive? Do the Progressive Democrats have a view on it?

As regards the Proceeds of Corruption Bill, the Government Whip said on 27 January that this Bill would ensure that assets acquired through corruption or whose value was enhanced by corruption would be frozen by the High Court. However, the Bill has now been moved from section A to section C. The Government has yet to approve the heads of the Bill. Why is that the case in view of comments made by the Government Whip that it was urgent and that it would be published quickly because of its essential value?

An Ceann Comhairle:

The content of the legislation is not appropriate.

The Tánaiste:

As regards the Proceeds of Corruption Bill, a number of issues arose which the Minister for Justice, Equality and Law Reform had to discuss with the Attorney General. That has delayed publication of the Bill.

Mr. Allen:

Why?

The Tánaiste:

It has taken longer than anticipated to resolve the issues which arose. As regards the Abbottstown Sports Centre Authority Bill, there is a swimming facility there. The heads of that Bill have not come before the Government yet. As regards the Intoxicating Liquor (Codification) Bill, the Bill will be published this month.

Mr. Rabbitte:

As regards the Proceeds of Corruption Bill which, as Deputy Kenny said, is now listed in section C, I have the press announcement of 27 September last year when the Government announced with great fanfare, following receipt of the Flood tribunal report on the Ray Burke module, that it would do the devil and all about the proceeds of corruption. I have two pages of flowery prose from the Minister of State at the Department of the Taoiseach, Deputy Hanafin. She said a person's house was not safe.

Ms Hanafin:

Only if one got it by corruption.

An Ceann Comhairle:

We cannot discuss the contents of the Bill.

Mr. Rabbitte:

She said if someone got £1,000 in 1960, their house could be taken from them.

An Ceann Comhairle:

Has the Deputy a question relating to the legislation coming before the House?

Mr. Rabbitte:

Where has the Bill gone? Why has it disappeared off the list?

An Ceann Comhairle:

That issue has already been dealt with. I call Deputy Sargent.

Mr. Howlin:

That is a valid question.

Mr. Rabbitte:

I am on my feet asking a question about legislation. I also have a second question which is in order. Why did the Tánaiste go around the country promising to make the Redundancy Payments Bill retrospective? Why did she tell the workers in Castlecomer in Kilkenny—

An Ceann Comhairle:

That does not arise. The Deputy is out of order

Mr. Rabbitte:

When will the Redundancy Payments Bill be brought before the House?

An Ceann Comhairle:

That question was raised and answered twice yesterday.

The Tánaiste:

It is important to deal with this issue because, as usual, Deputy Rabbitte is wrong.

Mr. S. Ryan:

He is not wrong.

An Ceann Comhairle:

We cannot discuss the content of the legislation.

Mr. Rabbitte:

The Tánaiste should ask Deputy Hogan and the workers in Castlecomer. I am not wrong.

An Ceann Comhairle:

I ask Deputy Rabbitte to resume his seat.

The Tánaiste:

I assure Deputy Rabbitte that what was said to the workers was that if it was possible, it would be made retrospective.

An Ceann Comhairle:

We cannot discuss the content of the legislation at this stage.

The Tánaiste:

It is important because during the negotiations on the recent programme—

Mr. Rabbitte:

It is important. The Tánaiste would know it was important if she was being made redundant.

The Tánaiste:

—the unions were in no doubt that it could not be made retrospective legally.

Mr. Rabbitte:

The Tánaiste told them.

The Tánaiste:

I did not tell them. The Deputy is playing politics around the country with people who are losing their jobs.

Mr. Rabbitte:

I am not playing politics.

The Tánaiste:

The Deputy should be ashamed of himself. He is playing politics with vulnerable people and he should stop.

An Ceann Comhairle:

I call Deputy Sargent.

Mr. Rabbitte:

Is the Tánaiste saying I do not have a right to raise the case in the House?

An Ceann Comhairle:

I ask Deputy Rabbitte to resume his seat.

Mr. Rabbitte:

The Tánaiste made promises she could not keep.

An Ceann Comhairle:

When the Chair is on its feet, the Deputy should resume his seat.

Mr. Connaughton:

What about Ballinasloe?

Mr. Rabbitte:

What about Ballinasloe?

An Ceann Comhairle:

I call Deputy Sargent.

Mr. Rabbitte:

What about the Proceeds of Corruption Bill?

An Ceann Comhairle:

I will come back to Deputy Rabbitte. I have already called Deputy Sargent.

Mr. Rabbitte:

I have asked the question.

An Ceann Comhairle:

I will call the Deputy again. I call Deputy Sargent.

Mr. Rabbitte:

I want an answer to my question.

An Ceann Comhairle:

That issue was dealt with. What is the position with the Proceeds of Corruption Bill?

The Tánaiste:

I explained that certain legal issues have arisen which must be teased out. It has not been abandoned, but delayed.

Mr. Rabbitte:

What does that mean?

Mr. Howlin:

Why is it not on the list?

An Ceann Comhairle:

I call Deputy Sargent.

The Tánaiste:

It is on the list.

Mr. Sargent:

I welcome the announcement today by a German company in north Dublin to create jobs. Perhaps the Tánaiste will tell us about the fate of Enterprise Ireland and the indigenous sector which is not doing as well as the pharmaceutical sector.

On promised legislation, is the Department of Justice, Equality and Law Reform correct in stating that legislation will be published to ensure that members of the Garda Síochána can be seconded to the Police Service of Northern Ireland or is legislation already in place and there are other reasons for the delay? I am not aware of primary or secondary legislation which would assist in furthering the secondment.

An Ceann Comhairle:

The Deputy has made his point.

Mr. Sargent:

Is there promised legislation or can the secondment, which is badly needed according to Hugh Orde, go ahead?

The Tánaiste:

The Garda Síochána (Police Co-operation) Bill is on Second Stage at present. I do not know if that covers the query the Deputy raised. There is also other legislation promised in relation to the reform of the Garda Síochána. As regards the technical question the Deputy asked, I do not have the answer. However, I will seek to get the information for him.

Mr. Sargent:

Will the Tánaiste clarify that?

Mr. Hogan:

The Tánaiste has indicated on more than one occasion that insurance is her political priority. There has been a number of reports and announcements on this matter as well as a Cabinet meeting last Tuesday. Why is there a delay in honouring the promise and commitment the Tánaiste made before Easter about the publication of the heads of the Personal Injuries Assessment Board Bill?

The Tánaiste:

There is no delay. I said the heads of the Bill would be published after Easter. They will be published shortly. They are ready to go to the Cabinet. They have been drafted in conjunction with the interim board which has been established and they have come to hand now.

Mr. Rabbitte:

The Tánaiste told the nation this morning that it is a tragedy we are so under-borrowed. However, she told the country the exact opposite when my party argued that 12 months ago.

An Ceann Comhairle:

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

Mr. Rabbitte:

Will she bring in a mini-budget now? Can we debate the question of the degree to which we are so tragically under-borrowed?

The Tánaiste:

I will send Deputy Rabbitte a copy of my party's manifesto which dealt with this issue.

Mr. M. Higgins:

That is punishment.

Mr. Rabbitte:

That is fiction. It should get the Booker prize.

The Tánaiste:

It is not. The Deputy's predecessor would not debate the issues with me so I understand why the Deputy is not aware of them.

Mr. Rabbitte:

I stick to biographies. I have no time for fiction.

Mr. O'Donoghue:

The Deputy has plenty of time for fairy tales.

Caoimhghín Ó Caoláin:

I refer to two Bills. The Redundancy Payments Bill was mentioned earlier but the information was not shared with the House. Will the Tánaiste confirm that that Bill will come before the House in coming weeks?

An Ceann Comhairle:

That was raised this morning and yesterday.

Caoimhghín Ó Caoláin:

I want to refer to other legislation. Whether it has been raised or not, that information has not been provided to Members. I seek confirmation, arising out of the efforts of the Whips to press for this legislation, that it will come before the House in coming weeks.

The Central Bank and Financial Services Authority (No. 2) Bill gives a commitment to establish a statutory financial services ombudsman. Yet, although the heads of the Bill are agreed, our information is that publication is expected in mid-late 2003. What is "mid-late"? One might as well say North-South. Will it be published in 2003? Many of us fear that will not happen this year.

The Tánaiste:

The Dáil will meet Friday week to discuss the Redundancy Payments Bill because it is important. Regarding the second matter, it is intended to publish the Bill later this year, probably in the autumn.

Caoimhghín Ó Caoláin:

I welcome both.

Mr. Naughten:

On promised legislation, will the Tánaiste throw some light on the situation wherein the Government launched its road safety strategy in 1998 but to date, three fixed speed cameras have been rolled out around the country even though firm commitments were given at the time? When will we see the road traffic (amendment) Bill?

The Tánaiste:

Next year.

Mr. Naughten:

Like the cameras?

Mr. Howlin:

I refer to legislation within the remit of the Tánaiste's Department. Following the litany of appalling incidents, including deaths, on building sites last year, the Government proposed to amend the Safety, Health and Welfare at Work Act with a new Bill. When I raised this matter in the last session, I was told repeatedly that it would be published in April. We are now in May and, according to the new list of legislation published yesterday, the Bill will be published in late 2003. Why has this important Bill slipped and when will we see it?

The Tánaiste:

It will be published later this year. The reason is pressure on the parliamentary counsel's office, where there is a host of legislation. Enforcement of the existing legislation is important in this area and we have applied new resources to this.

Mr. Boyle:

I raise the status of a Bill on road openings that appears to have gone missing. It is long awaited by local authorities, as 43 agencies can open up roads by referring to local authorities rather than seeking permission. Is this a case of the Government creating a further pothole into which legislation falls?

The Tánaiste:

I understand that legislation is not being pursued at the moment. I could read out information which the Deputy probably has himself. The effectiveness of the Communications Regulations Act 2002 is dealing with the problem.

Mr. G. Mitchell:

In an adjoining jurisdiction a journalist was arrested recently in the middle of the night by the Police Service of Northern Ireland. I note No. 31 on the list of Bills, the criminal justice (protection of confidential information) Bill, which is to replace the Official Secrets Act 1963. When are we likely to see this Bill? Given the importance of this issue and the concerns of Members of the Oireachtas about the protection of confidential sources, will the Tánaiste consider a White Paper on confidentiality and official secrets to precede the Bill?

The Tánaiste:

The legislation to which the Deputy refers is for next year. The issue of advance proposals is one that should be addressed to the Minister for Justice, Equality and Law Reform.

Ms McManus:

Yesterday, the Minister for Health and Children indicated that he expected the three major reports on our health service will be published during this session. Given the deepening crisis in our health service, will the Tánaiste give an undertaking today that there will be a debate immediately following the publication of those reports in this session? We must consider the serious issues which have arisen and the way forward. Clearly, the Minister for Health and Children has lost his way and needs some help.

An Ceann Comhairle:

That matter might well be discussed by the Whips.

Ms McManus:

I am sure the Tánaiste would like to give an undertaking. As I understand it, the Whips do not determine this. It is a matter for the Government and I ask the Tánaiste to give that undertaking—

An Ceann Comhairle:

Sorry, Deputy—

Ms McManus:

Is the Tánaiste going to stay silent?

The Tánaiste:

I must be in order, like the Deputy.

Mr. S. Ryan:

When it suits the Tánaiste.

The Tánaiste:

Hopefully, it is all the time.

Obviously it would be desirable to discuss those reports shortly after they are published and the Deputy can take it that that will be the view of the Government.

Mr. J. Higgins:

The Minister for Transport is preventing Dublin Bus from improving by bringing in new services in rapidly expanding areas like Blanchardstown. He cites the introduction of competition down the line. At the same time the transport reform Bill and the transport (companies) Bill are not scheduled for publication until 2004. Are our hard-pressed commuters to wait another full year—

An Ceann Comhairle:

A question appropriate to the Order of Business, Deputy.

Mr. J. Higgins:

It is very appropriate because I am asking about legislation. We know the Minister was not responsible for the missing brandy and cigars but he is responsible for the missing buses on crucial routes. When will the legislation be brought in and what will be done in the meantime, while the Minister's Thatcherite plans on privatisation are being hatched?

The Tánaiste:

The Deputy knows we are all fans of competition; look at the wonderful competition he provides here. The Bills are scheduled for next year.

Mr. Durkan:

Some of the issues I wanted to raise have been addressed already, including the Bills mentioned by Deputy Higgins. I thought that Bill had stalled or been gridlocked.

What is the current status of the drug offenders Bill? Also, the air navigation Eurocontrol Bill relates to a 1997 agreement and it must be time to get that off the ground. Another perennial is the ground rent Bill. All of these are Bills of long standing with a great deal of promise, although they are short on delivery.

The Tánaiste:

The air navigation Eurocontrol Bill is due later this year but I do not have dates for the other two.

Mr. Durkan:

One of them is there since 1997.

Mr. Gilmore:

Last year the Taoiseach told us the heads of the housing (private rented sector) Bill were approved by the Government at the beginning of 2002. All last year until 16 April 2003, when the Tánaiste told the House that that Bill would be published during the recess, a housing (private rented sector) Bill was promised by the Government. There is now a residential tenancies Bill on the list. Are the heads of that Bill the same heads as those of the housing (private rented sector) Bill approved at the beginning of 2002?

The Tánaiste:

Yes, it is the same legislation and will be published this session. There is a change in the Bill title but the heads are the same.

Mr. Costello:

The intoxicating liquor Bill has been prioritised again and the President has remarked at home and abroad on the need to do something about it. Are we definitely going to see the Bill this session? Will the Tánaiste tell the House why it is coupled with an amendment to the Equal Status Act 2000? The view abroad is that that is intended to take away the protections in that legislation in terms of admission to licensed premises from certain minorities who feel they would be discriminated by it. Is that the intention?

The Tánaiste:

As I said earlier, it will be published this session. I understand there will be changes to the Equal Status Act in light of experience and implementation of that Act. The detail of the Bill is a matter to be discussed in another fora.

Ms Lynch:

I cannot go home for the weekend without again stating that the ADM workers have not received any money for nine weeks. I plead with the Tánaiste to intervene with the Department of Social and Family Affairs in this regard.

An Ceann Comhairle:

The Deputy will have to find another way of raising that matter. There are many opportunities open to her to do so, the Adjournment debate or parliamentary questions.

Mr. S. Ryan:

It is a valid question.

Ms Lynch:

I am sure the Tánaiste is not cold to their plight.

Mr. M. Higgins:

I asked on a number of occasions in the last session about the current position of the prison service Bill. I was told in the first instance that the Bill was on its fourth draft and I was later told there had been no progress on that draft. There is no indication in current published legislation of a date for publication. Given the disgraceful structure of prison visiting committees and the situation in our prisons, will the Tánaiste explain what is the delay in producing this necessary reforming legislation which affects human rights?

Dáil Éireann debate - Thursday, 8 May 2003

Dáil Éireann debate -
Thursday, 8 May 2003