The Order of Business today shall be No. 12, motion re Freedom of Information Act 1997 (Miscellaneous Revocations) Regulations 2003, back from committee; No. 2, Licensing of Indoor Events Bill 2001 – Amendments from the Seanad; No. 21, European Convention on Human Rights Bill 2001 – Order for Report, Report and Final Stages; and No. 22, Arts Bill 2002, Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that No. 12 shall be decided without debate. Private Members' Business shall be No. 33, motion re disadvantaged communities, resumed, to conclude at 8.30 p.m.
Order of Business.
Is the proposal for dealing with No. 12 agreed?
The Fine Gael Party, the Labour Party and others were completely opposed to any changes in the Freedom of Information Act. Deputy Paul McGrath recently received information under the Act which exposed deception within the Department of Education and Science in the way the schools building programme was being implemented. To be consistent with our opposition to any changes in the Freedom of Information Act and in the public interest, I must oppose the proposal.
I am bound to agree with Deputy Kenny as we currently have before us a glaring example of the reason the Government wants to ringfence its decision-making process. The public should be able to see the papers prepared for the introduction of a loans scheme for access to third level education, which will cause intolerable hardship for many ordinary working families who will take up the option of approaching their bank, building society or credit union to raise money to put their children through third level education. We will not be able to see the relevant documents now because the 30 year rule will apply or the information will be stamped "ongoing" by the Secretaries General of the relevant Departments. This is a backward step for the reason given by Deputy Kenny, namely, the Progressive Democrats Party colluded with the Fianna Fáil Party in shutting out reasonable access to information. It is a disgrace and to be consistent we must continue to oppose it.
Only a couple of minutes ago we encountered difficulties while trying to get behind the mechanisms for making decisions on the benchmarking report. It is important, when we consider No. 12, that we take into account the probability that information will not be available and what this can mean. For example, it recently emerged that some of the funds generated by the plastic bag levy go towards incineration. That information came out as a result of a request under the Freedom of Information Act. It highlights a perverse notion of incineration as a type of recycling. We should revisit that issue again. It is not satisfactory to take the motion without debate because there is an agenda within the Government to try to present a spin which hides some of the more mistaken decisions which have already been made and which will continue to be made unless freedom of information is available.
While the motion relating to the Freedom of Information Act 1997 (Miscellaneous Revocations) Regulations 2003 was discussed in committee and is not, of itself, a substantive proposition, it nevertheless arises in the context of the wider and greater concerns about the issue of freedom of information. While ordinarily I would not object to the content of what is proposed, I join with the other Opposition parties in reaffirming our deep felt concern at the Government's continued tinkering with freedom of information. That principle has long been affirmed in the House and we should ensure that continues not only on the basis of the substantive Act as introduced, but that it grows and flourishes.
I know a vote will be called on this proposal, but I want to point out why we will waste our time by doing that. The purpose of the draft regulations is to revoke these three issues. We are revoking the provisions of three regulations because they have been incorporated into the Act. We will be voting on the proposal because we are opposed to the three regulations being included in the Act. That will be a waste of time.
Question, "That the proposal for dealing with No. 12 be agreed to", put and declared carried.
I call Deputy Kenny on the Order of Business.
In view of the concern expressed throughout the country about third level fees, will the Government make time available for a discussion to enable us to get clarification on this issue? We are glad to see the Minister for Justice, Equality and Law Reform is in the House.
That is a matter for the Whips.
The Minister for Education and Science is absent. I do not know if that is because he is fearful of the beady eye of the Minister for Justice, Equality and Law Reform.
That is not relevant. I call Deputy Rabbitte.
The Minister's leader said it would be more appropriate to discuss this matter internally rather than—
The Deputy is wandering away from the Order of Business.
This is a matter of great concern to the people. The Taoiseach should show leadership and give the clarity for which the Chief Whip has called. She knows the situation because she stood before the pupils.
This matter has been discussed on Leaders' Questions. It is not appropriate to raise it again.
The Minister for Justice, Equality and Law Reform was not here for Leaders' Questions.
I call Deputy Rabbitte.
Will the Taoiseach make time available?
That matter can be discussed by the Whips. I call Deputy Rabbitte.
On a point of order, that matter cannot be discussed by the Whips because they do not have authority in that area. The authority comes from the Government and the Taoiseach.
It can be discussed. If the Chair allowed everyone who wanted to raise an issue to do so, every Member on both sides of the House would get up on the Order of Business and ask if time would be allowed to discuss it. I call Deputy Rabbitte.
The country is talking about it.
On a point of order—
Allow Deputy Rabbitte to proceed.
On a point of order before Deputy Rabbitte speaks—
A point of order from Deputy Stagg.
Deputy English indicated first.
I apologise, but on the basis of proportionality, Deputy Stagg is entitled to come in second with a point of order. We cannot take two points of order at the same time. I call Deputy Stagg.
As regards subjects being referred to the Whips, the person who can refer matters to the Whip is the person in charge of ordering the business of the House, namely, the Taoiseach. If the Taoiseach states in the House that the Whips can discuss a matter, we know the Government Whip has authority to discuss it. However, the Ceann Comhairle does not have any authority in the matter.
The Chair must implement Standing Orders.
The Ceann Comhairle cannot make rulings that the matter should be referred to the Whips.
Standing Order 26 is specific on what can be raised. I call Deputy English.
That is a matter for the Taoiseach, not for the Ceann Comhairle.
Is that the Deputy's best point?
On a point of order, why can everyone in the country discuss third level college fees but we cannot? We are supposed to represent the people, but we cannot discuss what everyone else in the country is discussing?
That is a good point.
The Deputy may not have been here for Leaders' Questions, but it was discussed for almost half an hour this morning.
I was here and I am here every week. We are not allowed to have a proper discussion.
There are other ways to raise the matter. It cannot be raised on the Order of Business at this point in time.
What is the point in turning up for the Order of Business if we cannot discuss anything?
Standing Order 26 is specific.
The Minister for Justice, Equality and Law Reform has something to say on the matter which we want to hear.
There is no point in turning up for the Order of Business. We should wait until it is over.
I call Deputy Rabbitte.
The Minister for Justice, Equality and Law Reform has made it clear that his party is opposed to the reintroduction of fees, but I gather he is in favour of a loan scheme. Will legislation be brought forward before the House rises for the summer to introduce such a scheme? Does he agree with his friend, the Chief Whip, that this places intolerable pressure on students about to sit their examinations?
Is legislation promised?
Legislation is not promised.
Will the Taoiseach introduce clarity at the behest of the Chief Whip, if not at the behest of this side of the House?
Legislation is not promised. I call Deputy Sargent.
Will the Taoiseach provide the clarity which the Chief Whip has sought?
That matter does not arise now. It was dealt with on Leaders' Questions.
It is on the minds of many parents and young people who are about to do their examinations.
I appreciate that, but it cannot be raised on the Order of Business. I call Deputy Sargent.
I support the call for a debate on this issue which is wider than third level fees given that—
That is out of order. I call Deputy Allen.
The Tánaiste mentioned the taxation of high earners, but we need to know what she means. There is promised legislation.
The Technical Group had its opportunity on Leaders' Questions this morning. I call Deputy Allen.
Is it not possible to take another opportunity?
The Protection of the Environment Bill 2003, which proposes the introduction of refuse charges by city and county managers, was passed by the Seanad before Easter. When can we expect to see it in this House?
It is due to be taken in this session.
Given that we are discussing the subject of disadvantage today and that there are 1,140 homeless children in Dublin, when will the Government start to tackle their disadvantage by providing them with homes? Many of them are homeless due to the lack of protection in the private rented sector.
The Deputy must ask a question about legislation. We cannot discuss the content of legislation.
When will the long awaited residential tenancy Bill be introduced?
I answered that question yesterday. It will be published in the next week or so.
The tenth anniversary of the Hague Convention of 29 May 1993 will fall in the coming week. Legislation to give effect to the Hague Convention's declaration in relation to the protection of children and international co-operation regarding inter-country adoption has been committed by the Government. Will we make the tenth anniversary of the Hague Convention or must the legislation relating to the protection of children and inter-country adoption be deferred further?
The Deputy has made his point. He should allow the Taoiseach to answer his question.
What is the timescale for this important Bill?
This is an important matter which will be dealt with by the adoption information (post-adoption contact and associated issues) Bill. The Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brian Lenihan, has in the past number of weeks undertaken an extensive review of existing adoption legislation. As a result, an expected publication date cannot be identified until that consultation is complete. He is not looking only at the Hague Convention, but at all the matters in this area. Many interested groups have signalled that they wish to see reforms. They will all be taken together. When the Bill is introduced, it will not only cover the Hague Convention, but also all the related areas.
When will the Bill be introduced?
When the consultation process with the interested parties who wish to engage in it is complete.
The Minister for Justice, Equality and Law Reform recently announced the establishment of a reserve Garda force. Last week the Minister for Defence was unable to say whether that would require legislation. Yesterday the Taoiseach was unclear as to whether secondary legislation might be required. Has he spoken to the Minister for Justice, Equality and Law Reform about this matter? Will secondary legislation be necessary? Will the roles and responsibilities of persons who serve in this force be defined? Will the force be put in place this year? Will it be necessary to introduce a Supplementary Estimate for the Department of Justice, Equality and Law Reform to ensure these people do their jobs?
I will expand on what I said yesterday. The Minister for Justice, Equality and Law Reform has opened a debate and begun consultation on this issue but if he makes legislative changes, they will be introduced under the Garda Bill, which will be brought forward in the coming weeks.
Kite flying.
I am engaged in consultation through partnership.
Despite evidence to the contrary, the Taoiseach has indicated his concern for people living in disadvantage. The Government promised to deliver 200,000 new medical cards but 30,000 people have lost their medical cards. Will the Taoiseach fast-track the health complaints Bill so that these unfortunate families on low incomes have some form of redress because he is denying them the right to health care?
The heads of the Bill are due this summer but it will be early next year before the Bill is published.
I will try to observe your good rule, a Cheann Comhairle, and I will not try to test your patience.
It is not my rule. Standing Orders are a matter for the House.
Absolutely. I will not raise the issue of third level fees again because I raised it previously and the Government's contempt for young people is obvious. I refer to another issue concerning young people that is covered by the intoxicating liquor Bill, which is promised. When will the legislation be introduced in the House given that it affects young children? To facilitate the Taoiseach and the Tánaiste, will the Minister for Justice, Equality and Law Reform accede to the Bill being debated on a day when a pub or an off-licence is not being opened?
The matter is on the agenda for Government next week. We hope to progress the Bill with the co-operation of the Whips.
Substance abuse is widespread and many young people are affected. The dogs on the streets know this is happening. Is there legislation on the way to bring this problem to an end? Many parents are worried because school children and other young people are affected.
All the necessary legislation has been put on the Statute Book by the House over recent years. It is now a matter of enforcing the legislation. When people are caught, lengthy and tough sentences are handed down. The House has done a good job in providing legislation. Enforcement by the courts and the system is what is necessary.
Yesterday on the Order of Business I asked the Taoiseach whether the Government would revisit the Groceries Order and he said "No". The Minister for Enterprise Trade and Employment, in reply to a parliamentary question that I tabled yesterday, informed me that she was re-examining the order. Which of the two answers is true?
I was asked whether legislation is promised and I said "No".
The order comes under secondary legislation. Will there be a new order?
The Taoiseach will be aware there is an ongoing industrial dispute in the Department of Agriculture and Food, which is causing grave difficulty for farmers. He will also be aware that Ireland is about to enter the final stages of the most important negotiations to have taken place on agriculture since Ireland joined the EU and the CAP was implemented. When the Taoiseach was leader of the Opposition, he asked the then Taoiseach, Deputy John Bruton, for Government time to debate agriculture.
A question on legislation.
He was granted time with your assistance, a Cheann Comhairle, because you also sought time for a debate. Will he provide Government time to discuss this serious issue?
The Chair has ruled on that.
The Government has been in office for a year, yet it has not provided one minute of Government time to discuss agriculture. The Taoiseach is willing to indicate that he may agree to provide time next week. The Minister for Agriculture and Food is sitting beside them. Will they agree to provide one hour next week to discuss agriculture issues?
I call Deputy Eamon Ryan. We must move on to the next business.
The Taoiseach should answer the question.
The Fischler proposals will be agreed in the next few weeks but they have not been discussed in the House.
The Deputy is being disorderly.
He is not.
Workers in the agriculture industry are in despair over the lack of consideration of their difficulties.
The Deputy is long enough in the House to know there are many ways in which he can raise the issue.
The Government has done nothing to address them. When Government Deputies were in opposition, they were hopping up and down like chickens on a grill. They have done nothing since they took up office.
I ask the Deputy to resume his seat.
I thought it was herrings on a grill.
Will the Taoiseach or the Minister for Agriculture and Food give an indication on this matter? This is the silence of the lambs.
On a point of order, Deputy Timmins is asking—
That is not a point of order.
Deputy Timmins is seeking Government time to discuss a pressing issue relevant to his portfolio.
The Chair ruled on the matter.
It is a matter for the Taoiseach to determine whether Government time will be made available. It is not a matter for you, and I mean no disrespect.
The matter can be discussed between the Whips.
Will the Taoiseach indicate—
There is no provision in Standing Orders for raising such issues.
We welcome the two promised Bills relating to the transport brief, namely, the critical infrastructure Bill and the greater Dublin area land use and transport authority Bill, which are expected next year. Will the Taoiseach confirm that the greater Dublin area land use and transport authority Bill will be taken first so that we will know what is the most necessary infrastructure and that the appropriate, co-ordinated transport and planning structures can be put in place for the provision of such critical infrastructure?
A memorandum to Government will be submitted shortly seeking approval of the draft heads of the critical infrastructure Bill and it is expected to be drafted in the autumn. The Minister is anxious to proceed with the Bill because it will streamline and accelerate the procedures for infrastructural projects that are of national importance.
The greater Dublin area land use and transport authority Bill will establish a strategic authority for Dublin. The Minister is reviewing policy on the Bill and, while drafting is continuing, the Bill does not have the same priority.
Do I take it the strategy will follow implementation?
This is not Question Time. The critical infrastructure Bill is urgent. The greater Dublin area land use and transport authority Bill—
It is urgent.
The Minister is of the view that many of the roads projects that would come under the Bill should be undertaken by the local authority system anyway.
The same as Adamstown.
The Final Stages of the Fisheries (Amendment) Bill will be taken tomorrow. Will the Taoiseach ensure that the Minister for Communications, Marine and Natural Resources will take those Stages so that Opposition Members will have an opportunity to question him about the reported serious reductions in fish quotas in the Irish Box? The Minister for Defence is also not prepared to defend our interests in that area.
Report and Final Stages of the fisheries legislation will be taken tomorrow. To be helpful, because obviously it is not known, the Estimates for the Department of Agriculture and Food will be taken this afternoon.
We are aware of that. Can I take it that the Minister for Agriculture and Food will tell us what he proposes to do to resolve the industrial dispute?
We cannot discuss the content of the Estimates.
We will oppose the Estimates because they have been cut left, right and centre. The Minister will tell us nothing.
The Deputy will have to wait and see. We cannot discuss the content of the Estimates.
I thank the Taoiseach for his intervention.
Yesterday I asked the Taoiseach if he was aware that 153 beds were closed in the Mater Hospital. Earlier, we heard that this cutback was only one of hundreds that will take place in the eastern region.
Has the Deputy a question on legislation?
I have.
What legislation?
Is the Taoiseach aware the public is demanding a halt to the destruction of the health service? The public feel the Minister is ignoring them. When is the health complaints Bill due?
That matter has been raised.
It is no harm to raise it twice.
Repetition is out of order. There is a Standing Order dealing with it.
Is the Taoiseach aware of the demands from the deaf community for recognition from the Government for Irish sign language and for provision to be made for the rights of deaf children to be educated through Irish sign language? Will he tell the House if there are any plans to cater for these requests in the education disabilities Bill, when this long-delayed Bill will be published and whether the Government plans to take all five Stages before the summer recess?
We cannot discuss the contents of the Bill, only the Bill itself.
Legislation is being drafted. It will not appear before the House in this session but hopefully the education disabilities Bill will.
The current whereabouts of the minerals development Bill is important as the issue is quite topical. I also ask about legislation to give effect to the anti-terrorism convention an maritime navigation. In these times of international terrorism it might not be a bad time to move ahead with that legislation.
The minerals development Bill is designed to implement the commitment in the programme for Government to consolidate the mineral development Acts, update the legislation with reform proposals for delivering better Government. The heads of the Bill are expected towards the end of 2003 and the legislation should be introduced early in 2004. The heads of the suppression of unlawful acts and safety of maritime navigation Bill are expected this month and the legislation will then be drafted.
Concern has recently been expressed that children are still not properly protected from the possibility of abuse despite everything that we now know about the past. I wish to ask about the register of persons who are considered unsafe to work with children Bill. We still have not got a date for its introduction. I do not see any reason for a delay and obviously it is essential that we protect children from people who should not be in contact with them. Does the Taoiseach have a date for that Bill?
I do not. The expected publication is dependent upon the recommendations of the child protection joint working group, which comprises officials from the Department of Education and Science and the Department of Education in Northern Ireland. The heads of the Bill are expected this month but I do not have a date. As I understand from the note I have been given, the consultations will go on for some time. I think the heads will be agreed this month. I am not sure if the heads will be published but I will ask. That might help.
It would be helpful if the heads were published.
I have already referred on the Order of Business to the European Convention on Human Rights Bill 2001. It has been around the Houses for over two years and we are the last country in Europe to incorporate the convention into law. I do not want to delay it. However, on Committee Stage there was agreement on all sides of the House, including the Government side, that an amendment should be introduced regarding dealing with miscarriages of justice. The Minister for Justice, Equality and Law Reform promised to look at the issue of a pardon. He has introduced two miserly amendments which are both technical matters and—
We cannot discuss the content of the Bill.
This is a point of order. We were expecting the Minister to come up with some amendment so we did not put forward an amendment. That means it is more difficult to deal with the issue at this stage. The Minister should have indicated—
The Deputy will have to find another way of raising this issue. It is not appropriate to the Order of Business.
All sides, including the Government side, agreed and the Minister said he would look at it for Report Stage. This was done, to some extent, under false pretences as nothing has appeared. It is a point of order regarding what is—
We cannot discuss the content of the legislation.
We will be finalising one of the most important Bills ever to come before the House and we are left without any amendment from the Minister regarding this matter.
That may be but it can be discussed when the Bill is debated in the House. I call Deputy Boyle.
I ask the Minister to respond to that point. It effectively is a point of order in relation to—
I am sorry but it is not a point of order. It is a matter for the committee and the House to decide at Report Stage.
The committee decided this on Committee Stage and the Minister did not respond.
We cannot re-debate the legislation on the Order of Business.
We are left with a lacuna and in limbo. Could we postpone this Bill for a week?
The Bill is before a committee.
The Bill is actually being debated in the House in ten minutes.
It is a matter for the House to decide. It will be debated later.
When we go into Report Stage the Minister will simply have nothing to do with it. It is not dealt with—
We cannot debate this on the Order of Business.
If it is not dealt with at this stage I am sure it will be impossible for us to get any form of satisfaction later on.
We cannot deal with it at this stage. There are procedures and we all have to follow them.
It is an unsatisfactory situation. I would have expected—
The Deputy will have an opportunity to raise this during the debate on the Bill in the House.
Section F of the Government's legislation programme lists 32 Bills the Government has published, only 19 of which have been passed through all Stages. Given that this is the 80th sitting day since the general election, has the Taoiseach any proposals to put before the House to increase the number of sittings and to progress further the number of Bills this House has an opportunity of passing?
I could offer the Deputy a few suggestions as to how we could speed up legislation.
The Taoiseach could come to the House on Thursdays.
There are two items I wish to bring to the attention of the Taoiseach. The Minister of State, Deputy Hanafin, gave a commitment last week to the Trade Justice Ireland group that a detailed debate would take place in the Dáil to outline the Government's position on these issues. Can the Taoiseach give a commitment that a frank and detailed debate will take place before the Dáil adjourns at the end of June? Does the Taoiseach intend to bring in legislation to deal with the commitments in Sustaining Progress regarding affordable housing?
Is legislation promised?
The second matter raised by the Deputy does not require legislation. Legislation has already been passed by the House to allow us to deal with those issues. On the first matter, I understand that the Government Whip has given that commitment.
I am begging your indulgence, a Cheann Comhairle. I have already asked the Tánaiste about the following matter on the Order of Business on other days but got no response, so I am now asking the Taoiseach directly. My question relates to the Social Welfare Bill. Would he please instruct the Minister for Social and Family Affairs to pay ADM workers, who are now 11 weeks without money, and locked out of their employment.
The Deputy will have to find another way of raising that matter. There are many ways the Deputy can raise it in the House. We must move on to No. 12.
The Taoiseach has a reputation for being on the side of the working man so I ask him to please intervene at this stage.