Dáil Éireann debate -
Thursday, 12 Jun 2003

Vol. 568 No. 3

Order of Business.

Minister for Defence (Mr. M. Smith)

The Order of Business today shall be as follows: No. 23, the Fisheries (Amendment) Bill 2002 [Seanad] – Order for Report, Report and Final Stages, to adjourn at 2 p.m. if not previously concluded; No. 24. the National Economic and Social Development Office Bill 2002 – Second Stage (resumed); and No. 25, the Protection of the Environment Bill 2003 [Seanad] – Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. tonight and that business shall be interrupted not later than 7 p.m.

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 within the meaning of Standing Order 26(2) and (3). Any divisions demanded shall be postponed until immediately after the Order of Business on Tuesday, 17 June 2003, and, accordingly, the following business shall be transacted in the following order: No. 25, the Protection of the Environment Bill 2003 [Seanad] – Second Stage (resumed).

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for the late sitting agreed?

Mr. Kenny

I object to the Order of Business for the following reasons. I welcome the fact that the House is to sit on Fridays to discuss important business, but it should sit with an Order of Business, giving Deputies the right and opportunity to call for votes. The Taoiseach is not here again today, and most of the Ministers are not—

An Ceann Comhairle

Thank you. Perhaps the Deputy might discuss that under Proposal No. 2, which deals with Friday sittings.

Mr. Kenny

I would like to say this while I am on my feet.

An Ceann Comhairle

I would prefer it if we could deal with the late sittings—

Mr. Kenny

The Protection of the Environment Bill 2003—

An Ceann Comhairle

The Deputy is standing up to speak, and I take it he is opposing the late sitting this evening.

Mr. Kenny

Yes, and I will explain another reason for my doing so. The Protection of the Environment Bill 2003 is down for Second Stage today and tomorrow, and the vote will not be taken until Tuesday. It is expected that amendments for Committee Stage will have to be submitted by 12 p.m. on Tuesday, when the Bill might not even be finished. It is completely unsatisfactory to have a situation whereby the Bill is scheduled for discussion on Second Stage and Deputies are expected to submit amendments for Committee Stage on Tuesday when that may not even be finished. For those reasons I oppose this Order of Business.

Mr. Gilmore

On that issue, I agree with Deputy Kenny and Deputy Allen, who raised it at the Committee on the Environment and Local Government yesterday. It is presumptuous to schedule the Committee Stage of this Bill for Wednesday and presumptuous to ask Members to submit amendments to the Bill by a deadline which will expire before the division has been taken on the Second Stage. We do not know if Second Stage will be completed tomorrow. It may well be that the Second Stage lasts longer than tomorrow. In any event, even if it is completed, the division on the Bill will probably not take place until around 5 p.m. or 5.30 p.m. on Tuesday, which is six hours after the deadline which has now been set for the submission of amendments. It is presumptuous of the Government to ask us to deal with the Bill in this way.

This is a controversial Bill. Under the guise of protection of the environment, the Government proposes to increase charges for refuse services and to make significant changes in the way that regime is administered. Now it wants to bury detailed examination of the Bill by running the deadline for Committee Stage into the Second Stage debate. It is unacceptable and typical of this arrogant Government, which now runs the House by abstention.

Mr. Sargent

The late sitting tonight is now becoming the focus of the Protection of the Environment Bill, and rightly so. We should be talking of a later sitting if the Government is serious about finishing the debate on the Bill in the timeframe it arrogantly presumes the debate will need. The Government is not reckoning with the level of anger with the Bill which will ensure many more speakers than the number it is taking for granted. To many people this Bill could be called the protection of the Government Bill or the protection of the county manager Bill. It has very little to do with protection of the environment when one sees the powers in the legislation and the motivation of the Government and its employees at local government level – the county managers. The Bill should be left to run its normal course if we have any respect for democracy in this House. The committee is being told to have amendments in by midday, before the Bill has run its course which indicates the arrogance of the Government is blinding it to the realpolitik of the situation. We should not allow the guillotine which the Government is trying to introduce regarding the Bill.

Caoimhghín Ó Caoláin

This is another example of the cavalier attitude of the Government to waste management. The Government sponsored a referendum to enshrine local government in the Constitution yet within 18 months it withdrew the power of determination of waste management from local government representatives. Here again we see a situation, related to waste management, in which the Government is proposing in cavalier fashion to go to Committee Stage without even concluding Second Stage. The Government has demonstrated it has no interest in the concerns of communities about waste management or the real effects of its measures on individuals and their families. I reject the proposition.

Mr. J. Higgins

A Cheann Comhairle—

An Ceann Comhairle

Sorry, Deputy Higgins, there is no provision for contributions apart from those from parties.

Mr. J. Higgins

The Government—

An Ceann Comhairle

The Deputy knows there is no such provision and we cannot expand the Standing Order. The Deputy knows he has been ruled out of order before at this stage of the Order of Business.

Mr. J. Higgins

I regret the Chair's unnecessary interpretation of Standing Orders—

An Ceann Comhairle

Allow the Minister to speak. The Deputy knows he is not entitled to speak at this stage. There is a long-standing precedent in the House and there is no provision for the Deputy or any of the Independents to comment at this stage.

Mr. J. Higgins

The Chair has chosen to interpret the Standing Order in a completely exclusive way.

Mr. M. Smith

I wish to make clear that there is no question of a guillotine. The debate will proceed this afternoon and all day tomorrow. We are ordering business for today and tomorrow and the position should be reviewed after the weekend, on Tuesday, as to the subsequent arrangements—

Mr. Kenny

The vote is on Tuesday.

Mr. M. Smith

—whereby Deputies will have the opportunity to put amendments forward. As we stand there is no guillotine or limit on the debate. We are ordering business for today and tomorrow and we are prepared to facilitate the House after that, when we see how we are to regulate the position for next week.

An Ceann Comhairle

Is the proposal for the late sitting agreed to?

(Interruptions).

Mr. Kenny

The Order of Business calls for a vote on Tuesday.

Mr. Gilmore

Is the deadline for amendments withdrawn?

An Ceann Comhairle

The Minister has given his answer. The Chair has no control over the Minister's answer.

Mr. M. Smith

There is no deadline. We have set no deadlines. We are proceeding with this and we will review the situation after the weekend.

Mr. Durkan

On a point of order, this is a simple matter. Can the deadline for the submission of amendments be extended? That is what this side of the House wants to establish. It will create serious difficulties if the deadline for amendments is set before the Second Stage debate finishes.

Mr. M. Smith

I understand the committee members set out these matters. We are not directly involved in it.

An Ceann Comhairle

We cannot have a debate on this.

Mr. Allen

I raised this issue yesterday at the Oireachtas Committee on the Environment and Local Government, asking if it was in order to have a deadline for Committee Stage amendments at 12 noon on Tuesday, before the vote on Second Stage is taken? The earliest time a Second Stage vote can be taken is approximately 6 p.m. on Tuesday and the deadline for Committee Stage amendments is 12 noon that day. That is absurd and irregular.

Mr. Gilmore

I seek an assurance from the Minister for Defence on behalf of the Government that the deadline for amendments will be withdrawn or, alternatively, will you, a Cheann Comhairle, rule that it is not in order to set a deadline for the submission of amendments in advance of a Second Stage division?

An Ceann Comhairle

It is a matter for the chairman of the committee to decide if it wishes to have shorter notice for amendments.

Mr. Stagg

It is not.

An Ceann Comhairle

It is.

Mr. Gilmore

To be fair to the chairman of the committee, he is doing what he is being asked to do by the Department.

An Ceann Comhairle

The chairman of the committee can take amendments at shorter notice if he so wishes.

Mr. Gilmore

The ordering of Second and Committee Stages is a matter for the House. The House has to decide the Second Stage before arrangements can be made for Committee Stage. We must clarify that. I ask the Minister for Defence to make clear that the arrangements for the submission of amendments for Committee Stage cannot be made until Second Stage has been disposed of here by the House as a whole.

Mr. M. Smith

I would like to be as helpful as possible to the House. It seems there is a difficulty here and I will ask the Chief Whip to discuss this matter with the committee and see to what extent the requirements of the Opposition can be facilitated in this area. I am anxious to see the Opposition facilitated. We are now setting the business for today and tomorrow but while I want this matter reviewed, I want it reviewed in the context of enabling people to put forward amendments in the proper and appropriate way.

Mr. Allen

It is not a matter of facilitating the Opposition. On a point of order—

An Ceann Comhairle

We cannot have a point of order. The Minister is on his feet. The Deputy should allow the Minister to conclude and I will call him if he has a legitimate point of order.

Mr. Allen

It is not to facilitate the Opposition in a patronising way.

An Ceann Comhairle

Is the proposal for the late sitting agreed? Agreed. Is the proposal for the sitting and the business of the Dáil tomorrow agreed to?

Mr. Rabbitte

This business of Friday sittings which has crept in recently to take the bare look off the paucity of days this Government dictates that the Dáil sits is a fraud. This side of the House is not opposed to a Friday sitting but it is meaningless when the House is convened on a Friday with no Order of Business, no provision for questions, no Adjournment debate, no divisions and no opportunity to challenge the Government. It is entirely meaningless and as my colleague, Deputy Stagg, has pointed out on a number of occasions, it is a new sanitised form of the Dáil being seen to be in session but with no opportunity to function as a Parliament. It is a further step in the erosion of the status of Dáil Éireann vis-à-vis the Executive and the Government. It really is disgraceful.

The Tánaiste does not even bother to come into the House, not to mention the Taoiseach. The Minister for Defence presented himself to do his duty this morning. He was initially unaccompanied on the front bench and is now accompanied by one Minister with a smattering of backbenchers coming in. It is a denigration of democracy.

This Government, even more than the previous one, has contempt for the normal procedures of Parliament which perhaps arises from the smugness and complacency which comes from having a clear majority in this House. We just heard a discussion on the issue raised by Deputies Kenny and Gilmore where an absurd proposition is being inflicted on the House whereby a deadline has been set for amendments to legislation which has not completed Second Stage. That is an example of the decline in standards in this House in recent times. It is simply not acceptable that we should agree in a cavalier manner that if anybody happens to be around tomorrow, he or she can wander in and there will be no competition from the usual speakers. That is the basis on which Friday sittings are being held. It is not acceptable and I ask you, a Cheann Comhairle, as the guarantor of the rights of the Members of this House, to make plain to the Government Whip that we will not continue to tolerate this contempt for democracy and this charade.

An Ceann Comhairle

The Chair has no function whatsoever in the matter.

Mr. Rabbitte

You certainly do, Sir.

An Ceann Comhairle

I have no function in the matter.

Mr. Rabbitte

You are the Chairman of this House. I do not care what advice you are getting. You are the Ceann Comhairle of this Chamber and we are entitled to have the proper, normal and adversarial parliamentary process followed.

An Ceann Comhairle

It is for the House to arrange these sittings.

Mr. J. Higgins

We need a protection of democracy Bill similar to the Protection of the Environment Bill.

Mr. Sargent

The Green Party shares the sentiments expressed by Deputy Rabbitte. The Dáil is essentially operating as a closed shop. The shop window is open for viewing but, effectively, no business is being carried out. In regard to the legislation which will be debated, the Government has blatantly stated it will be decided and voted on four days after the Friday sitting – on the following Tuesday. The meaning of the debate will be lost or will be exposed as meaningless and it will be of no consequence since no political decision will be taken tomorrow. The Government does not even have to bother coming in. It can simply open up, turn on the lights and allow Members to come in, so it can get on with what it sees as the real business of Govern ment, namely the moving and the shaking behind closed doors. This House is left to carry on the semblance of a Parliament without the power of one. I ask you, a Cheann Comhairle, to challenge that.

An Ceann Comhairle

I have no function in the matter.

Mr. Sargent

The Ceann Comhairle should assume a function.

An Ceann Comhairle

The Chair will implement the decisions—

Mr. Sargent

The Ceann Comhairle should assume some leadership role in terms of this Parliament because it is being shown up as a charade and a sham and it cannot continue like this.

Mr. Quinn

While I accept the Chair may have no formal function in this matter, it has a responsibility, a voice and experience. I invite the Ceann Comhairle to express directly to the Government party, of which he was once a member, his concern about the denigration of Parliament.

An Ceann Comhairle

It is a matter for the House. The proposal before the House is on the Friday sitting and the House will make a decision on it in due course.

Caoimhghín Ó Caoláin

The reality of tomorrow's sitting and of the two further Friday sittings which remain this month is that those of us who will engage in debate on the Protection of the Environment Bill might as well be standing at Speaker's Corner in London speaking out on these issues as opposed to being in the House tomorrow because our contributions will have as little relevance or impact. Very few Members will be here other than those who are directly engaged. There will be an exodus from this building this evening in the normal course. The reality is that will be replicated on each of the subsequent two Fridays for all the reasons which have already been outlined.

I not only object to the absolute unacceptability of the approach to Friday sittings but I reaffirm once again the absolute unacceptability of the means of conduct of Thursday sittings where the Taoiseach has been facilitated in his absence from and accountability to this House by more than just the Government parties, much to the discredit of those who entered into a shoddy deal to allow for his absence.

Mr. M. Smith

I have just been informed by the Government Chief Whip, Deputy Hanafin, that the committee has decided to defer Committee Stage to a later date. I do not know the date but it means the Deputies will be facilitated in the way they have requested. I reject the—

Mr. Allen

On a point of order, how was that done?

An Ceann Comhairle

Sorry, Deputy, that is not a point of order.

Mr. M. Smith

Either Deputy Allen wants it done or he does not. It is being done for him. He cannot have it every way.

Mr. Allen

On a point of order, how was it done?

An Ceann Comhairle

Deputy Allen, that is not a point of order. Allow the Minister to continue without interruption.

Mr. M. Smith

Hurl the way Cork did on Sunday – take it as it comes.

(Interruptions).

An Ceann Comhairle

The Minister to conclude.

Mr. Kenny

Look at Harry Potter over there.

Mr. M. Smith

I am surprised at Deputy Rabbitte. His party agreed to the arrangements for Thursday morning.

(Interruptions).

Mr. M. Smith

I did not interrupt anybody. The length of time the Taoiseach gives to this House is a well established fact.

Mr. Kenny

Four hours per week.

Mr. M. Smith

Most Members are well aware of the demands on Ministers, particularly as we prepare for the Presidency of the EU. Many Members will have had this experience.

(Interruptions).

An Ceann Comhairle

Allow the Minister to speak without interruption.

Mr. M. Smith

As far as Friday is concerned, I am quite shocked. Each morning on the Order of Business—

Mr. Stagg

That the Minister is shocked shows how far removed he is from reality.

Mr. M. Smith

Deputies want to know when we will take legislation. On Friday—

Mr. Stagg

Where will the Minister be tomorrow?

Mr. M. Smith

—Deputies will have a full opportunity to come into the House to take the legislation they want taken.

(Interruptions).

An Ceann Comhairle

Allow the Minister to speak without interruption.

Mr. M. Smith

We probably should look at the time we take on the Order of Business. We would have a lot more time for legislation if we conducted business properly on the Order of Business.

Question put: "That the proposal for the sitting of the Dáil tomorrow be agreed to."

Tá

Ahern, Michael.Ahern, Noel.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Browne, John.Callanan, Joe.Carty, John.Collins, Michael.Cregan, John.Curran, John.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Finneran, Michael.Fleming, Seán.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Haughey, Seán.Healy-Rae, Jackie.Hoctor, Máire.Jacob, Joe.

Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Kitt, Tom.Lenihan, Conor.McDaid, James.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.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, Seán.

Tá–continued

Sexton, Mae.Smith, Brendan.Smith, Michael.Wallace, Dan.

Wilkinson, Ollie.Woods, Michael.Wright, G. V.

Níl

Allen, Bernard.Breen, James.Breen, Pat.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Connolly, Paudge.Costello, Joe.Coveney, Simon.Cowley, Jerry.Cuffe, Ciarán.English, Damien.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Harkin, Marian.Higgins, Joe.Higgins, Michael D.Howlin, Brendan.Kehoe, Paul.Kenny, Enda.Lynch, Kathleen.McCormack, Padraic.

McGinley, Dinny.McGrath, Finian.McManus, Liz.Mitchell, Olivia.Moynihan-Cronin, Breeda.Ó Caoláin, Caoimhghín.O'Dowd, Fergus.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Quinn, Ruairí.Rabbitte, Pat.Ring, Michael.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Timmins, Billy.Upton, Mary.Wall, Jack.

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

Question declared carried.

Mr. Kenny

I wish to raise the issue of the Garda Vote. Will the Minister for Defence confirm, on behalf of the Government, the number of gardaí to be recruited this year? It could be discussed under that Vote.

An Ceann Comhairle

That issue does not arise on the Order of Business.

Mr. Kenny

It arises under the Vote of the Garda Síochána.

An Ceann Comhairle

The content of the Vote does not arise.

Mr. Kenny

In 2002 the number of gardaí who retired was 400.

An Ceann Comhairle

We cannot start the Order of Business totally out of order.

Mr. Kenny

I do not wish to be out of order. Will the Minister respond? This is a matter of interest which was raised by Deputy Deasy yesterday. Does the Government know the number of gardaí to be recruited this year?

An Ceann Comhairle

That matter does not arise.

Mr. Rabbitte

According to my calculations, of the 19 Bills scheduled for publication before the House rises, only three have been published. How will we see the publication, not to mention the introduction, of 16 further Bills between now and the recess?

Mr. M. Smith

There is always some slippage but I understand that a significant number of the Bills will be published during this session and during the summer.

Mr. Stagg

Three out of 19 is some slippage.

Mr. Sargent

In seeking a publication date for promised legislation, will the Minister comment on the free bar for the Drogheda bypass opening which sent out all the wrong messages—

Mr. Kelleher

Like the shares.

Mr. Sargent

—in regard to points and road safety. The Road Traffic Bill or the critical infrastructure—

An Ceann Comhairle

Has the Deputy a question on legislation?

Mr. Sargent

On the Road Traffic Bill, can we have a strong statement from the Government to ensure this does not happen again?

An Ceann Comhairle

We cannot discuss the content of the legislation.

Mr. M. Smith

The heads of the Bill will be published early next year.

Mr. Sargent

The heads are very sore.

Mr. J. Higgins

Will the Minister clarify the Government's position on legislation dealing with election spending limits?

An Ceann Comhairle

That question was dealt with yesterday.

Mr. J. Higgins

Yes, but now we are in possession of much more information. For example, that Fianna Fáil candidates spent the highest amount, followed by the Progressive Democrats. The Taoiseach has suggested that only millionaires will be able to stand soon. Perhaps he meant the people paying Fianna Fáil at the moment will stand in the next election rather than their puppets.

An Ceann Comhairle

We cannot discuss the content of legislation that might come before the House.

Mr. M. Smith

The Minister for the Environment, Heritage and Local Government has made it clear that he is engaging in a consultative process. He has already written to the chairman of the Commission on Standards in Public Office. We will have discussions with political parties because representations have been made by individual Members from all political parties on the difficulties they have experienced in conscientiously meeting the requirements of the Act.

Mr. Stagg

The Minister is making it up.

Mr. J. Higgins

The Ceann Comhairle must not let the Minister for Defence away with this.

An Ceann Comhairle

The Chair has no control over a Minister in terms of his or her response in this House. I call Deputy Crawford.

Mr. J. Higgins

The Minister is even worse than the Taoiseach.

An Ceann Comhairle

Sorry, Deputy, he answered the question and the Chair has no control in terms of the content of any answer.

Mr. J. Higgins

When will we have the proposals?

Mr. Rabbitte

On a point of order, is it in order for the Minister for Defence to repeat the misleading statement made by the Taoiseach yesterday morning that Members on all sides of the House have approached him about raising the limits? If any such approaches were made they certainly were not made by my colleagues.

An Ceann Comhairle

That is not a point of order. The Deputy will have to find another way of raising the matter.

Mr. Rabbitte

It is misleading. The word put out by the acting head of Government is that Deputies on all sides of the House have approached him to raise the limits.

Mr. M. Smith

Almost every Deputy in the House would have been within the limits of the requirements of the Act but for a High Court and Supreme Court decision which was announced just the day before. If Deputies of the opposite side ever aspire to hold office they will understand quickly the difficulties of meeting the requirements and complexities of the Act when all resources are taken into account. We are not saying that people want the amounts raised. Deputies are anxious that wider discussion and engagement take place, and that is what will happen.

Mr. Stagg

That is a different story now.

Mr. M. Smith

In most other cases—

Mr. Stagg

Nobody in Opposition asked for the limits to be raised.

An Ceann Comhairle

I ask the Deputy to allow Deputy Crawford to submit a question appropriate to the Order of Business.

Mr. Crawford

When can we expect the radio communications Bill? In light of the colossal cuts in agricultural and forestry funds, when will the Forestry (Amendment) Bill, which will allow us to discuss this major issue, be introduced?

Mr. M. Smith

The heads of the forestry (amendment) Bill are currently being prepared in the Department. It is expected in early 2004. The heads of the radio communications Bill are expected at the latter end of this year.

Mr. Costello

Last week, the Minister for Justice, Equality and Law Reform attempted on Committee Stage to graft on as an amendment a totally new Bill to the Bill concerning the temporary release of prisoners. Thankfully, the Taoiseach has caused the Minister to withdraw that.

On 17 December 2002, the Minister for Justice, Equality and Law Reform indicated that he would introduce substantial amendments to the Immigration Bill. I raised this with the Tánaiste on the Order of Business some time ago. She agreed the substantive amendments, which would require Cabinet approval, would be circulated to the Opposition spokespeople well before they would be presented. The Immigration Bill is scheduled to be completed before the recess but there is still no sign of the amendments. Could the Minister indicate whether any amendments have been brought to Cabinet, and, if not, when they will be brought to Cabinet, and why the commitment made has not been honoured?

Mr. M. Smith

I do not have that specific information. I will communicate with the Deputy.

Mr. Allen

There is much talk about spending limits for general elections. Does the Minister propose to bring in limits on spending in local elections?

Mr. M. Smith

No legislation is promised.

Mr. Stagg

They have not a notion.

Mr. Howlin

For a long time, the Tánaiste has promised the employment permits Bill. There is some indication that this might not now be proceeded with. Can I have a clear indication where that Bill stands and what is the Government's intention in that regard? In regard to the safety, health and welfare at work Bill, the Minister will know that there is huge concern across the construction industry and that there was a large rally outside this House earlier this year.

An Ceann Comhairle

To what legislation is the Deputy referring?

Mr. Howlin

The safety, health and welfare at work Bill. When will it come before the House? It is a matter of urgency to ensure safety on building sites.

Mr. M. Smith

The safety, health and welfare at work Bill will come before the House at the end of this year.

Mr. Howlin

It was supposed to be April.

Mr. M. Smith

The heads of the employment permits Bill were approved by the Government about four weeks ago.

Mr. Howlin

The Bill was supposed to be published before the summer recess.

Mr. Kenny

Will the Minister for Defence say if legislation is to follow on the comments made by the Minister of State at the Department of Finance the other day that the Government intends to introduce changes to the legislative process for planning, apparently to expedite decisions or otherwise?

In respect of Vote 38, there seems to be an unusual number of delays in the passport office at present. If applications are not, as is said, up on the screen, they cannot be dealt with and deadlines for applicants are now very tight. The Minister might look into that matter on behalf of Government.

Mr. M. Smith

No legislation is promised in that area. However, following the comments of the Minster, if the approval of Government was given to these considerations, new legislation would be required.

Mr. Gilmore

Some months ago, the European Commission found that the Irish legislation which requires people to pay €20 to their local authority to make an observation on a planning application is in breach of European law. When I raised this with the Taoiseach some time ago and asked him if and when the Government intended to abolish the fee, he indicated to the House that the matter was under consideration by the Government. Has the Government has now completed its consideration of that matter? When can we expect legislation to be brought before the House to abolish the €20 planning fee.

Mr. M. Smith

No legislation is promised.

Mr. Gilmore

That is at variance with what the Taoiseach previously told the House. The Taoiseach told us this was under consideration. I am asking the Minister whether this has been considered by the Government.

An Ceann Comhairle

The Deputy should submit a question to the appropriate Minister.

Mr. Gilmore

No, it is a matter I have raised before on the Order of Business and to which I got an answer.

An Ceann Comhairle

We are dealing with promised legislation.

Mr. Gilmore

Yes, but I got an answer to my question before.

An Ceann Comhairle

Allow the Minister to respond.

Mr. M. Smith

To be helpful in the matter, my understanding is that the opinion and answer given by the Taoiseach in the House is still being considered.

Mr. Gilmore

We will end up being embarrassed by this.

Mr. Coveney

Last week, the Minister for Communications, Marine and Natural Resources announced that he intends to introduce a new broadcasting Bill which would put a levy on telecoms to create a slush fund of about €30 million to spend on broadband roll out. Will we see this Bill before the summer recess?

Mr. M. Smith

Unfortunately, I do not have a time scale for that at present.

Ms Lynch

About six or seven years ago, we were promised the registration of persons considered unsafe to work with children. It is still on the list. How long do organisations have to wait before they can have a list to which they can refer?

Mr. M. Smith

It is not possible to indicate that at this stage.