I wish to raise a point of order. The Taoiseach misled the House this afternoon. He stated—
Order of Business.
That is not a point of order. The Deputy is out of order.
It is a point of order.
Will the Ceann Comhairle tell me how I can raise this matter? The Taoiseach misled the House when he stated just moments ago that the deed of indemnity had been debated in the House on a number of occasions. It was never debated in the House, nor did it form part of the legislation covering the Residential Institutions Redress Board.
The Deputy has made her point.
The details of the deed of indemnity did not emerge until after 5 June last year when the deal was signed. The Taoiseach should avail of this opportunity to correct the record of the House.
I call the Taoiseach to state the Order of Business.
The Order of Business shall be No. 19, motion re Containment of Nuclear Weapons Bill 2000 [Seanad]; No. 20, Private Security Services Bill 2001—
On a point of order, I have raised a serious matter.
The Deputy should resume her seat. I call the Taoiseach.
The Taoiseach misled the House this afternoon. I call on him to correct the record.
I ask the Deputy to resume her seat, please. She cannot disrupt the House in this fashion.
It is the responsibility of the Ceann Comhairle to ensure that Members speak the truth. We have clearly been misled by the Taoiseach and Deputy Woods.
The Deputy has made her point. I ask her to resume her seat.
I am asking the Ceann Comhairle for his assistance.
The Chair has allowed the Deputy to make her point. She should resume her seat and find another way of raising the matter.
What action will the Ceann Comhairle take on the allegations I am making?
He should allow the Taoiseach to correct the record.
It is a matter of fact.
The Taoiseach stated—
It appears to the Chair that Deputy Shortall wishes to leave the House.
(Interruptions).
If that is the case, the Chair will facilitate her.
Deputy Shortall has raised a straightforward point. Will the Taoiseach put the record straight? He knows it is a matter of fact.
I ask Deputy Rabbitte to resume his seat, please. I call the Taoiseach.
The Order of Business shall be—
(Interruptions).
Will the Taoiseach correct the record?
I ask Deputy Rabbitte to be orderly in the House.
Deputy Shortall has rights.
Deputy Shortall was allowed to make her point. The Taoiseach has been called.
The Ceann Comhairle passed over her point in a blasé manner. The Taoiseach's statement is either fact or not and he has the opportunity to put the record straight.
The Chair has no control over the Taoiseach The Taoiseach has been called on the Order of Business and I ask the Deputy to allow him to continue.
This is disgraceful.
The Ceann Comhairle is supposed to be impartial.
The Order of Business shall be No. 19, motion re Containment of Nuclear Weapons Bill 2000 [Seanad]; No. 20, Private Security Services Bill 2001 – Financial Resolution; No. 21, motion re referral to joint committee of proposed approval by Dáil Éireann of the Electricity Regulation Act 1999 (Eligible Customer) (Consumption of Electricity) Order 2003; and No. 25, Residential Tenancies Bill 2003 – Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that Nos. 19, 20 and 21 shall be decided without debate. Private Members' Business shall be No. 35, motion re benchmarking.
There is one proposal to be put to the House. Is the proposal to deal with Nos. 19, 20 and 21 without debate agreed?
With regard to No. 19, the order concerned, made on 18 June 2002, referred to the Containment of Nuclear Weapons Bill 2000, which was initiated in the Seanad. The order was to refer the Bill to Committee Stage in the House. This proposal seeks to discharge that order and have the Bill referred to the Select Committee on the Environment and Local Government. Have changes been made to the Bill in view of changed international circumstances regarding the containment of nuclear weapons that might warrant the Bill being dealt with by the full House, given that the order was laid down in June 2002?
Deputy Kenny is correct. The purpose of the motion is that the Bill be referred to a select committee rather than to the Dáil, as provided for in the previous resolution. The Minister, Deputy Cullen, informs me there are no significant changes to the Bill and he will outline to the committee changes that have been made.
Why did the Taoiseach give the impression in New York that he knew nothing about the tax troubles of Deputy Collins and then say the opposite when he returned?
That does not arise at this stage.
I did not do that.
That is the impression the Taoiseach gave to every adult in the country.
I would like to debate it.
We already debated the United Nations during Question Time.
Unfortunately, the media take five seconds from one interview and put it with five seconds from another. I cannot control that.
You gave the excellent advice, a Cheann Comhairle, at the close of the last session that each Member take three weeks holiday to ensure we are fully rested on our return.
That does not arise at this stage.
No. 21 relates to the hugely important issue of the increased deregulation of the electricity market. Why was the Minister not available over the three months of summer to dis cuss this with the committee rather than have it put back to next Thursday?
I was available.
There were several committee meetings but the Minister was unavailable to discuss the issue. Why was he unable to deal with this issue?
I got no request from the committee.
The Minister was not available.
That is not relevant to the question before the House.
The Taoiseach advises us, following consultation with the Minister for the Environment, Heritage and Local Government, that no substantive changes have taken place in the Containment of Nuclear Weapons Bill 2000 which was ordered on 18 June 2002 to be dealt with by the House. What is the reason for referring this important measure to the select committee instead of addressing it in this Chamber, where there is full participation and where, importantly, there is a chance that it will receive media attention in view of the scant attention given to the committee work of these Houses?
The reason we are anxious to proceed with this is that only Italy and Ireland have yet to sign it and it cannot come into force until everybody signs up. We are, effectively, delaying this because Italy is ready to move on it. The committee will have more time to discuss it and it will be dealt with more swiftly in the committee than in the House. The Minister will outline changes at the opening of the debate and members will be free to discuss the issues. This is a way of dealing promptly with the matter.
Is the proposal agreed?
On a point of order, will the Ceann Comhairle ensure, from the beginning of this session, that we desist from this practice of bundling various items into one proposal? This one deals with security, nuclear weapons and electricity. How different can three issues be or are they supposed to come under the same heading? There must be differentiation in future.
It is difficult for the Deputy to get his head around them all.
Is the proposal agreed? Agreed
This is the first sitting of this session and politics can be a rough business. I pay tribute to the fortitude of the Minister of State, Deputy Hanafin, on the tragic death of her husband during the summer. This is an unbearable burden for her and I express the sympathy of the Fine Gael Party on her great loss. I also hope the Clerk of the Dáil, who was in hospital recently, will make a full recovery to good health.
The Taoiseach made an announcement during the summer which amounted to tidings of great joy. That is how it appeared to many thousands of young couples who assumed it would be possible to have the opportunity to build their houses in rural areas. There is no legislative basis for declaring that there should be more houses in rural areas. Why is there no reference to publication of a Bill to give effect to the Taoiseach's aspiration that more houses should be provided in rural areas for the many young couples who seek them?
The means through which this can be done is by setting down guidelines under the spatial strategy for the limited areas where I and the Minister indicated it should be done to enable people who are the siblings of landowners to build their houses on their own family farms. That was the limited area I mentioned. If the guidelines are set down – local authorities are co-operating with the Minister's Department in this regard – that should be possible in this limited area.
Why did the Taoiseach not talk about this when the spatial strategy was announced?
We did.
I call Deputy Rabbitte.
The Taoiseach thought it was all right and now he is back-tracking. Let us see how the Government delivers on this promise.
It is all a sham.
Deputy Rabbitte is entitled to submit his question on the Order of Business.
On behalf of the Labour Party, I formally offer my condolences to the Minister of State, Deputy Hanafin. I also wish to be associated with the good wishes to the Clerk of the Dáil.
Has the Taoiseach plans to introduce reform of the Dáil in this session to bring about a more ordinary working week and a more normal working year? Will he urge agreement among the Whips to allow parliamentary parties to meet and conduct their business without the distraction of simultaneous meetings of various committees?
I thank Deputy Kenny and Deputy Rabbitte for their expressions of sym pathy to my colleague. They are appreciated. I also wish to associate myself with the best wishes for a quick recovery to the Clerk of the Dáil.
I spent a considerable amount of time in the past five years endeavouring to achieve Dáil reform and we managed to complete one significant package. There was significant agreement among the Whips to many of the proposals in the document produced by the Minister, Deputy Brennan, but these have not been taken forward. I am open to debating the taking forward of those or any other proposals. I have always held the view that we could do many things to improve the House. I agree with the Deputy on the last point he made. The work of parties is disrupted. We could do many things if there was agreement among the Whips. The basis of the document produced by Deputy Brennan, which was not only his thinking but was also based on proposals put forward by a number of the Whips, including Deputy Stagg, was that we would take these matters forward. The Government is always ready to examine them.
Ar son an Chomhaontais Ghlais, ba mhaith liom, chomh maith, comhbhrón a dhéanamh leis an Aire, a chaill a fear céile. Bhí sé fíor-thragóideach. Guímid gach rath ar Chléireach na Dála chomh maith.
Is there any reason the heritage (powers and functions) Bill has been dropped? It was proceeding, although the date for publication was changing as we went along, from early to late 2003 and then to early 2004. Now it seems to have been dropped altogether. Is it coming back, or has heritage been relegated further down the Government's agenda? Is the subtle yet perceptible change in promising that the Government expects to publish on the pink pages of the A list legislation up to the beginning of the next session – not during this session – an indication that the Dáil term really is too short and that the publication of legislation is now to take place as much during the holidays as during the Dáil session? Is that not an admission that we need a longer Dáil session—
Does the Deputy have a question?
—to allow for the publication of Bills at a time when they can be debated in the Dáil?
The provisions initially envisaged for the heritage (powers and functions) Bill will now be dealt with by amending the proposed national monuments Bill and will include specific legislation on national parks.
Why has the Taoiseach changed the publication date?
I have sat here patiently and heard questions being asked by leaders on Leaders' Questions and on the Order of Business, and we seem to be following the same rota when it comes to Ordinary Questions too. There are elected Members here – 31 of them from Fine Gael – who would like to ask questions. I would like to ask about the enforcement of criminal sentences Bill. Since Members seem to have ease of access to prisoners and can be photographed with them, though some are in jail for the murder of members of the Garda Síochána, when will this Bill be brought before the House so that the matter can be discussed here? There is widespread concern in the House that—
The Deputy has made his point.
—such a procedure can be allowed.
There are several Bills on criminal justice. Most of them will be before the House in spring 2004.
Since we last met, the situation in the health service has deteriorated very significantly for the average public patient. Now one cannot get—
Does the Deputy have a question appropriate to the Order of Business?
Yes, I can assure you, a Cheann Comhairle, that it relates to the promised legislation.
Just ask about the legislation, Deputy. There are several Deputies offering questions, and I would like to facilitate them.
It is important that the Ceann Comhairle is aware of what is going on regarding promised legislation. The public patient cannot get a bed on a ward, cannot get a trolley in an accident and emergency department—
Does the Deputy have a question appropriate to the legislation?
—cannot get treatment, except out in the car park.
I am sorry, but the Deputy is out of order. To what legislation is she referring?
Promised legislation entitled the health (complaints) Bill appears to have disappeared. Where in the programme of legislation is that promised Bill, which has been on the list for quite some time? It might at least give some small beacon of hope to those patients who are suffering so much.
I am sorry, but the Deputy must confine herself to the promised legislation. She should allow the Taoiseach to answer her question.
The Minister is now considering incorporating the Bill's provisions into the heads of the Bill required for the health service reform programme, which are expected in the autumn.
In June the Government published a health service reform programme that promised so-called major reforms in the health services. Where is the enabling legislation for that much-vaunted programme which the Minister for Health and Children introduced? If we examine the programme of legislation—
The Deputy has asked his question. I ask him to allow the Taoiseach to answer.
Allied to that question, if we examine the legislative programme presented to us, we see again that only one Bill is expected to be introduced this session under the heading of Health and Children.
The Deputy cannot make a statement. He should confine himself to the legislation.
Interestingly, that is the very same Bill promised in the previous legislative programme. Does it matter whether it appears here if this Government decides not to introduce—
I am sorry, Deputy Ó Caoláin, but several Deputies are offering questions on the Order of Business, and the Chair would like to facilitate them all. The Chair will not be able to do so if Deputies continue with preambles and statements. The Order of Business is very specific and I ask Members to confine themselves to what is appropriate to it. While one tries to facilitate everyone, the Chair does not intend to go on to 7 p.m. listening to preambles.
Yes, the Minister has prepared legislation on the health service reform programme.
We have now seen that the Tánaiste is a visionary, having noticed, though only now, that the "Mad Cow" roundabout in her constituency is a disaster. When will the Personal Injuries Assessment Board Bill be published and taken in the House?
One hopes within a few weeks.
On a point of order in the context of the Order of Business, the Ceann Comhairle and I have been in the House for the same length of time. When were the rules changed so that an allegation of misleading the House made in the House against another Member, particularly the Taoiseach, could be abandoned or ignored? Surely it is the Ceann Comhairle's responsibility—
The Chair has no responsibility in the matter.
If a Member is in effect accusing the Taoiseach of lying, he would—
The Deputy has rightly stated that we have both been in the House for a long time and the Chair is following the procedures as set out by its predecessors.
Has it not been normal practice that when such a great allegation was made and the Taoiseach, or anyone else so accused, was in the House, he would take the opportunity either to check the record and come back to the House, as would be normal, or to correct the record? Why has the Taoiseach remained silent?
I am sorry, Deputy, but the Chair has no control over the matter.
I have a question on the general area of health reform. In the coming session, will we see any of the reform agenda, such as the medical practitioners Bill, the Bill to set up the health service executive, the national hospitals office or the health information and quality authority, or the Irish Medicines Board (miscellaneous provisions) Bill, brought forward? In short, is any reform agenda whatsoever to be brought forward by the Government on health, or are we to be treated instead to endless wittering about a smoking ban?
Yes, all the provisions in the reform programme are being examined in the context of the legislation. The Minister will be making a statement and bringing forward his legislative proposals. Quite a number of areas require legislation to implement the reform programme.
I would like to be associated with the condolences to the Minister of State, Deputy Hanafin, and also the good wishes to the Clerk of the Dáil. On the paramedics Bill, it strikes me that many ambulancemen who have gone to the North or England have very good skills when it comes to administering drugs but cannot do so because the paramedic is not there. When will this Bill come before the House? People are losing their lives at the moment in its absence.
Does the Deputy mean the health care professionals Bill? That Bill is this session.
Yes. I mean the Bill that will allow ambulancemen to administer drugs, something that they may not currently do.
The Bill will be introduced this session.
Is the Taoiseach concerned that there is currently no legal requirement for religious orders and charities to produce accounts, including statements of their assets and contingent liabilities, in respect of abuse or actions by them or other orders because of the Government's failure? It has long promised—
Does the Deputy have an appropriate question?
—to produce a charities Bill. Where is the charities Bill and when will we see it?
The heads of the Bill are expected early in 2004.
Last week, to salvage some face from the debacle that the Laffoy commission has become, the Minister for Education and Science announced that a new chairperson would be appointed in the person of Seán Ryan and that he will be made a High Court judge.
Has the Deputy a question on legislation?
Yes. Will the promise made outside the House be acted upon in the House? In the Government's legislative programme published yesterday, there is no mention of any proposed legislation to appoint further High Court judges. Given that this is an extremely urgent matter when will legislation come before the House?
Legislation is required. The Bill was passed by the Cabinet today and will come before the House as soon as possible.
Given that the questionable legislation introduced by the Minister for Justice, Equality and Law Reform, Deputy McDowell, relating to pubs and nightclubs comes into effect later this week—
Last night.
—when will the intoxicating liquor codification Bill be published? Will the Government have the intelligence and cop on to link it with the alcohol products, control of advertising, sponsorship and marketing practices sales promotions Bill, or, as the rumour from dogs in the streets states, is this Government so devoid of leadership that it has no more leadership than a flock of sheep?
The Intoxicating Liquor Act was enacted in July. It is hoped to circulate the heads of the intoxicating liquor codification Bill next year when the legislation will come before the House.
Can we thank Ms Justice Laffoy for legislation that has suddenly appeared on the list, namely, the commission to inquire into child abuse (amendment) Bill? Ms Justice Laffoy resigned precisely because there was no sense of urgency about her drawing attention to the problems of the commission.
The Deputy does not need a preamble, she has asked her question.
Now we have a Bill. May I ask the Taoiseach specifically if this is the same legislation for which the heads were drawn up six months ago at the instigation of Ms Justice Laffoy and which were rejected by Government at the time?
Allow the Taoiseach to answer your question, Deputy.
I want to know whether, suddenly, it takes the resignation of a High Court judge from the commission to get a sense of urgency about this issue?
The Deputy is being disorderly.
The legislation will be taken this session.
I wish to raise an issue close to the Taoiseach's heart, the Abbotstown sports centre authority Bill, the text of which I understand has been agreed and drafted, but there is no publication date. What is the reason for the delay? Surely it has been discussed and inspired thoughts have been expressed about it. The time has come to issue a publication date. When will the building control Bill, which has been on the stocks for some time and has still not been decided on, and the geological survey Bill, to update the legislation from 1845, come before the House?
The heads of the building control Bill have been approved and the Bill will come before the House in early 2004. The heads of the Abbotstown sports centre authority Bill have been approved but there is no publication date. The geological survey Bill will come before the House in 2004.
That is a long way from 1845.
Given that we have been promised legislation by successive Government, including this Government, on the abolition of ground rents, when will a ground rents abolition Bill come before the House? It is over 80 years since the State smashed its connection with Britain and we have been waiting on it since that time.
The Deputy will have an opportunity on the Second Stage debate to make his contribution.
The heads of the Bill are expected sometime this year but the consultations have continued for a long time. I hope the note I have been given is correct.
I wish to ask the Taoiseach about two items of legislation, the first of which is the Railway Safety Bill, which has stalled on Committee Stage because the Minister—
The Railway Safety Bill—
May I finish my question, please? I said I wanted to ask about two items of legislation.
The Deputy is entitled to ask about legislation, not to make a preamble. I have already ruled on that matter in respect of a number of Deputies.
May I finish?
Not if the Deputy is going on to a preamble. The Deputy said she wished to ask about a second item of legislation.
You are being rude, to say the least.
The Deputy has asked a question.
It was not a preamble, it was a question.
The Railway Safety Bill 2001, an important and overdue Bill, is stalled on Committee Stage. When will the Government be in a position to resume Committee Stage of that Bill? The second item of legislation is the greater Dublin area land use and transport authority Bill which has been on the list for several years. In the last session the Taoiseach indicated that the Government was abandoning that legislation but it is back on the list now. What is the status of that promised legislation?
The Railway Safety Bill 2001 will resume on Committee Stage. The Minister is anxious to complete the Bill—
When?
—within a matter of the next month or two. We would like to clear it this year. The policy, as I stated in the previous session, in regard to the greater Dublin area land use Bill is under review. There are a number of Ministers involved in it and they will proceed in a different way from that originally envisaged.
Why is it back on the list?
I was going to ask about the same Bill because the then Minister for Public Enterprise, Senator O'Rourke, when on that side indicated this Bill would be published in early 2002. Under the new regime it appears it will drag on to 2004 and, perhaps, beyond. Is there something happening in the changeover from the previous Minister to the new Minister that has undermined progress in this Department?
Is there no sign of the quid pro quo that the Tánaiste often stated she expected from the motor insurance industry which reported record profits last year, particularly for young drivers? Will the Taoiseach confirm that the Personal Injuries Assessment Board Bill will be published this session in order that the board can be put on a statutory footing?
The Bill will be published this session.
In view of the reference in the proposed legislation for this period, to No. 97, the prison services Bill, which is a Bill to establish a statutory basis for an independent prisons authority, why is this legislation being pushed back? Is its pushing back related to the fact that there have been public statements by the Minister for Justice, Equality and Law Reform that he sees a replacement for Mountjoy Jail being provided under a public private partnership? Would this not move the Prisons Service entirely outside of any public accountability?
We cannot discuss the content of what might be in the Bill.
Work is in progress on the heads of the prison services Bill but I do not have a date for the legislation.
What is outrageous is that it is not possible to indicate at this stage when the Bill might even be published. Will it be in the lifetime of this Dáil or will it be this year?
I do not have a date but it will not be this year.
Will the Government make time available for a commencement debate on the entire legislative programme as happened at the start of the last session?
That is a matter that needs to be looked at by the Whips and taken into Dáil reform discussions.
I wish to raise two issues. In regard to the electricity regulation order, will the electricity Bill be published before the first part of the order comes into effect in February 2004? The Taoiseach may be aware that in our region we got the bad news earlier today about one of our high-tech companies, Eurologic—
That does not arise.
—which is moving to Singapore. Is the Taoiseach concerned?
The Deputy will have to find another way to raise the matter.
The Taoiseach is from out area. Is he concerned? This is an important issue concerning the plight of high-tech jobs.
The Bill will be published in early 2004.
I wish to ask about a Bill which has disappeared from the list and Fianna Fáil Deputies will be delighted. It was a Bill to target white collar crime and corruption in the public and private sectors, namely, the proceeds of corruption Bill. What is the reason for its disappearance or is it a symptom of the party? It was listed in the summer programme but it has disappeared from this programme?
Changes in law are contemplated for this Bill to be included as amendments to the Proceeds of Crime (Amendment) Bill.