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Dáil Éireann debate -
Wednesday, 19 Nov 2003

Vol. 574 No. 5

Order of Business.

The Order of Business today shall be as follows: No. 19, motion re Book of Estimates, 2004 (Resumed); No. 5, Public Health (Tobacco) (Amendment) Bill 2003 – Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Private Members' business, which shall be No. 39, motion re criminal justice system, shall be taken at 7 p.m. or on the conclusion of No. 19, whichever is the later, and shall be brought to a conclusion after 90 minutes.

There is one proposal to be put to the House. Is the proposal for dealing with Private Members' business agreed to? Agreed.

What are the contents of the Public Health (Tobacco) (Amendment) Bill 2003? Is the Bill relevant to the sections of the regulations the Minister for Health and Children failed to send to Brussels for approval?

The Bill concerns the regulations under the 2002 Act, not current issues.

The Government made a bags of the original Act and has to bring it before the House again.

I know the Minister for Justice, Equality and Law Reform is preoccupied with other matters, but he and the Taoiseach made a commitment at the time of the retirement of Mr. Justice Flood that legislation would be brought before the House to cope with the new circumstances. When will that Bill come before the House?

The legislation is published and is, as far as I know, awaiting Second Stage. It is the tribunal of inquiry (evidence) (amendment) Bill. The heads are expected and although the Bill is still listed for this session, I do not think it will be taken in this session. The heads of the Bill are meant to be ready in early December so I presume the Bill will be ready after Christmas. It should be published by Christmas.

During the summer the Government intimated that legislation would be introduced to deal with lobbying. Have there been any moves to bring forward this legislation? Will it appear or is it on a list we have not seen to date? I wish to ask again about legislation expected since 1980, namely, the charities Bill. Following the publication of the Estimates, this legislation will be sought with greater urgency by groups such as the Society of St. Vincent de Paul which need to make up for Government cutbacks. Has any progress be made on the Bill other than it will appear some time next year?

The heads of the Bill are expected early in the new year. It is hoped that the ongoing consultation process will lead to a single, tighter framework in which to bring forward the legislation which is really a product of the Costello report.

The report was published in 1980.

Yes, it was published a long time ago. The legislation should be ready next year. It is a long time since I have been asked about the other matter. I understand other countries are being looked at which had similar systems to ours. There were a few such countries which have since repealed their legislation. We are looking to see if there is a way of legislating for this issue, other than a register. Other countries have introduced a register on which lobbyists must formally register. It is a public record, but there is no legislative provision around it.

When will No. 23a on the Order Paper, a financial resolution regarding excise duties some 12 or 13 pages in length, be taken? Has the Government ceased all work on the introduction of electronic voting in view of the fact that the Joint Committee on the Environment and Local Government has summoned the Minister and his officials to appear before it to answer questions on the security of the systems being implemented and especially in view of the fact that €38 million—

The Deputy has made his point.

—of taxpayers' money has been spent on it without any consultation with those who will be involved in the process?

We cannot have a debate on the matter. The Deputy has asked his question.

The Government has taken a unilateral, arrogant approach to the democratic process.

The Deputy will have to find another way of raising the matter.

The system cost €38 million.

That would build two event centres at Punchestown.

The regulations on the first matter raised by Deputy Allen will be taken next week. There is no legislation on the second matter on which action is already in train.

The Government pushed it through.

In the previous Dáil, the House debated Second Stage of a Private Members' Bill in the name of Deputy Rabbitte, the Whistleblowers Protection Bill. The legislation has been placed on the legislative programme for this Dáil. Does the Government intend to proceed with the enactment of the Whistleblowers Protection Bill or will it produce its own whistleblowers Bill?

I understand work on this matter is still ongoing in the Department of Enterprise, Trade and Employment. The Bill is awaiting Committee Stage and has been for several years. I can try to get an update for the Deputy.

I would appreciate that.

With the welcome opening earlier this week of a further four water treatment plants under a pilot project in County Monaghan, when will the water services Bill come before the House and will it accommodate the extension of the pilot project to a full project in all communities?

It will be this session.

I have two questions. As the Taoiseach will be aware, we import in the region of 100,000 tonnes of potatoes each year from Britain which is experiencing a threat to its potato crop. Will the Taoiseach arrange for the Minister for Agriculture and Food to test all potato imports until the threat of disease has been removed?

The question is out of order. The Deputy will need to do better with the second one.

There is a blight on him today.

There is ring rot on the Government benches.

The Taoiseach has many couch potatoes on his side of the House. Given that he can walk on water, my second question regarding the land Bill will be close to the Taoiseach's heart. When can we expect the Bill?

The Bill will be introduced next year.

I wish to pick up on the Taoiseach's reply to Deputy Allen on No. 23a, a resolution to give effect to the increases in motor taxation announced last week by the Minister for the Environment, Heritage and Local Government. When this resolution came before the House last year, an hour was allocated to debate it. In view of the fact that the Minister has stated that the proceeds of the increases in motor taxation would be used to fund increased allocations for non-national roads and to local authorities to meet the cost of benchmarking, and since it is manifestly not permitted to do both under the Estimates, will the Taoiseach allow more than an hour to debate this resolution? The issues raised relate not only to increases in motor taxation, but also the state of non-national roads and local government finances as we face into the Estimates in the few weeks.

I will communicate that to the Government Chief Whip.

A number of months ago the Minister for Transport said that lives could be lost without the Railway Safety Bill. This was priority legislation but it seems to have disappeared.

The Railway Safety Bill is awaiting completion of Report Stage.

We welcome the recent initiatives by the Minister for Transport in the fight against drink driving whereby the gardaí will have power to stop, arrest and detain people—

A question, please.

—when it is believed that they committed an offence previously. Will the Taoiseach intercede with the Minister and ask him to devolve power and resources to the Minister for Justice, Equality and Law Reform to enable him to stop and investigate organised criminal gangs in this city and throughout the country who are harassing witnesses at railway stations and who have taken the law into their own hands?

The Deputy should submit a question to the appropriate Minister. I call Deputy McManus.

At what stage will the Taoiseach indicate to his Ministers the importance of those two issues—

Allow Deputy McManus to ask her question.

—and whether action is likely to be taken under the criminal justice Bill or the crimes Bill?

Members cannot discuss the content of a Bill.

I have asked questions about two Bills.

With regard to the crimes Bill, an expert group to advise on the possible approaches to the codification of the law is expected to report back in early 2004. The heads of the criminal justice Bill have been approved and the Bill has been sent for drafting.

I have two questions. Following the decision by the Medical Council on the Neary case, the Government promised speedy action on the medical practitioners Bill. I am concerned that this matter is slipping in priority. The victims who suffered mutilation at the hands of Dr. Neary have now been denied a meeting with the Minister for Health and Children.

It was postponed.

When will the medical practitioners Bill be introduced? It has been long delayed and there is great concern about it. The second question relates to the debate promised on the cancer radiotherapy services report. This has slipped off the map altogether. It was due to be debated with the Hanly report. Obviously, the focus has been on the Hanly report in view of the difficulty in trying to get agreement in Government on the report. When will we have the promised debate on the report on cancer radiotherapy services?

The heads of the medical practitioners Bill are expected to be completed before Christmas and the Bill will be presented next year. The other matter relates to a report and it should be taken up with the Whips.

It was agreed that the House would have a debate on both the Hanly report and the report on cancer services. The Taoiseach has to do better in his response.

The Deputy should take up the matter with the Whips.

I call Deputy Coveney.

The Taoiseach made the commitment.

The Taoiseach made the commitment. This relates to cancer patients and radiotherapy services. Can we get a commitment from the Taoiseach to hold this debate?

Is the Deputy telling me that I made a commitment or is she asking me to make a commitment?

The Taoiseach made a commitment.

Then there is a commitment that we will debate the issue. I have already made the commitment.

I must be the last person in the world who expects the Taoiseach to keep his word. When will we have the debate?

I have made the commitment.

When will we debate it?

That is a matter for the Whips, as I said.

It is a matter for the Taoiseach.

It is not.

I have called Deputy Coveney.

It is not a matter for me, it is a matter for the Whips.

It is a matter for the Taoiseach.

Deputy McManus should allow Deputy Coveney to ask his question.

I am asking the Taoiseach to do his job.

The Taoiseach responded to the Deputy. The Chair has no control over the response.

On a point of order, the Taoiseach said this is a matter for the Whips. It is not, it is a matter for the Chief Whip. At Whips meetings we are told of the business of the House and there is no debate.

That was not a point of order but we heard it anyway. I call Deputy Coveney.

A little co-operation would help.

That is rich.

The Minister should co-operate with the Taoiseach.

Foot in mouth again.

Allow Deputy Coveney to speak without interruption.

The Minister gets full marks for sheer hard neck.

Deputy Coveney.

The Minister for Defence wishes to speak.

The JCB is at work again.

Talk about digging a hole.

The Minister is digging away.

Deputy Coveney's party colleagues should allow him to make his point without interruption.

I have a question for the Taoiseach on the important EU directive on emissions trading. The Government needs to make an important decision on setting cap levels for allocations to the traded sector, which comprises approximately 100 large companies in Ireland, with regard to the amount of carbon they are allowed to emit before they are fined. Will legislation be required to introduce these allocations or caps? Will the House have an opportunity to debate the issue or will it be confined to the private consultation process that is currently ongoing?

I will ask the Minister to write to the Deputy. I have no information on that. There is no legislation promised.

Under the Hanly report ambulance men will have to be paramedics and there will be a need for helicopter emergency medical services. When will the legislation on paramedics be introduced and will the Taoiseach consider introducing legislation to establish a helicopter emergency medical service?

Legislation on the health reform package will be prepared over a considerable time. Questions on it should be put to the Minister. A number of Bills will have to be brought forward based on the three reports that have been presented.

In light of the imposition of development charges, when will the local government rates Bill be introduced, which will give us an opportunity to discuss the issue of double taxation? There are 64 people on a waiting list for subvention in the Cavan-Monaghan area. When will the health complaints Bill be introduced? It is extremely important to have some means of making complaints.

The health complaints Bill will be introduced with the reform legislation from the Department of Health and Children. The heads of the local government rates Bill are expected this month and the legislation will be produced next year.

In view of its importance with regard to landfill sites, when is it proposed to introduce the amending legislation on the geological survey of Ireland?

The geological survey of Ireland Bill is to update the GSI legislation of 1845. The heads of the Bill are almost complete and the legislation will be drafted next year.

In the context of the Estimates and the cutbacks for third level institutions, particularly the institutes of technology, what is the fate of the proposed Dublin Institute of Technology Bill dealing with the site at Grangegorman?

The Bill is expected this session.

Cork City Council is debating what will happen with the last public swimming pool in Cork. A commitment to provide €3.5 million was made before the last general election—

Has the Deputy a question on legislation? We have to move on.

I have. The Minister for Arts, Sport and Tourism is not overworked, given that he has responsibility for just one Bill. When will he fulfil the commitment he made regarding the swimming pool in north Cork?

I am moving to item 19. I will take a question tomorrow morning from the Deputy.

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