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Dáil Éireann debate -
Tuesday, 27 Jan 2004

Vol. 578 No. 4

Order of Business.

It is proposed to take No. 13, motion re statement of expenditure for the Houses of the Oireachtas; No. 14, ministerial rota for parliamentary questions; and No. 5, Civil Registration Bill 2003 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 13 and 14 should be decided without debate. Private Members' Business shall be No. 35, motion re economic plight of Irish emigrants.

There is one proposal to be put to the House. Is the proposal for taking Nos. 13 and 14, motions re statement of expenditure for the Houses of the Oireachtas and ministerial rota for parliamentary questions, without debate agreed?

We should have a debate on No. 13. On far too many occasions we hear it said in the media that this House does its business in respect of its own work in some secret fashion. We should be open and above board about what the House does and the expenditure connected with doing that work. In the interest of everybody we should have a debate of some description on this matter so that we do not see the false portrayal of expenditure being passed in secret by the House in respect of its work.

I, too, would like to have seen a debate on this measure and the Labour Party Whip, Deputy Stagg, represented that view at the Whips' meeting. The placing of the business of the administration of the Oireachtas in the hands of the Oireachtas for the first time is, potentially, an important reform. If the Taoiseach is not minded to acknowledge that there ought to be a debate now, as soon as the commission is functioning and has some proposals to bring to the House, it is important that we have an early debate on it.

I did not notice it at the time, although I am sure all Fianna Fáil backbenchers did, but I am now aware that a statutory instrument has been passed by the House capping the staffing to political parties. The last time I spoke to the Minister for Finance, he promised us all a geisha girl. He said he did not care if we employed a geisha girl and implied that he was making provision for us to do so.

That was very generous of him.

The Minister with responsibility for recreation certainly has time on his hands. However, if the statutory instrument has been passed, it is difficult to deal with the requirements of the parties in an innovative way. This is especially true of the Opposition parties who have a definite requirement for research and back-up. I hope the Taoiseach will be able to say that we will have an early debate on the functioning of the commission and so forth.

The requests for a debate are supported by the Green Party-Comhaontas Glas, especially as it galls us not even to be represented on the commission. The commission includes members of Fianna Fáil, Fine Gael, Labour and the Progressive Democrats but there is no representative from the Technical Group. That in itself indicates a need for a debate, which would be the only opportunity members of my party, of other smaller parties and Independent Members would have to contribute their views on this matter. A more inclusive decision-making and accountability process is required.

Deputies from smaller parties must work without desks of their own and without the facilities which are taken for granted in larger parties. They use desks that are intended for interns. It is important that there be a debate and that there be changes to make this a more inclusive decision-making process.

It is a bad start to the business of the Houses of the Oireachtas Commission that it is proposed to proceed with a proposal relating to it without debating it. I join my colleagues in highlighting a number of deficiencies in this matter. These relate not only to the proposition and the breakdown of the financial allocation for 2004, as circularised to us. Deputies wish to ask questions as well as offer opinions about the business of the commission and other aspects that it will, I hope, address in the course of the coming months.

Like Deputy Sargent, I emphasise that Sinn Féin does not have access to the commission. This is something I have recorded previously. The same applies to the Socialist Party and to the Independent Deputies. A significant number of Members of the House have no direct input into the work of the commission and no provision was made for them. It is imperative that a proper debate is facilitated. The opportunity for Members, not only to offer opinion but also to seek information, would be appreciated.

We had a full and good debate on the establishment of the commission when the legislation was passed by the House. As Deputies Kenny and Rabbitte and others have said, there has been a change in structure. The commission was established on 1 January. I propose that the House has a debate during this session when the commission has been in operation for some time. We should allow the commission to get up and running and we can then have a debate on a date to be agreed.

Question, "That the proposal for dealing with Nos. 13 and 14 be agreed", put and declared carried.

Six of the Bills on the legislative programme for the spring session of 2004 were published on the previous A list. Do the Taoiseach and the Chief Whip have a clearer strategy for dealing with the proposals in this nine or ten week session? Are we likely to be able to complete the programme as outlined?

Does the Taoiseach agree that we should have a debate with questions and answers on the Nally report which deals with the aftermath of the Omagh bomb? This report was given to the Minster for Justice, Equality and Law Reform at the end of the summer and was the subject of brief statements in the House before Christmas. There should be a more expansive debate at an appropriate time which would be within certain constraints and would include a question and answer session. Does the Taoiseach agree that such a debate should be part of the programme in the coming weeks?

The legislative programme includes the Bills with which Departments and Ministers hope to deal during this session. The programme usually changes during a session. Sometimes Bills that are on the list are not ready, for different reasons, while other Bills come forward which were not expected. Subject to such changes, it is intended that the legislation listed will be brought forward during this session.

We had short statements on the Nally report before Christmas and we said we would examine the matter again. I will discuss the matter with the Minister for Justice, Equality and Law Reform and ask if it can be debated again.

This is my first opportunity to offer sympathy to the Taoiseach on his defeat today by the Progressive Democrats.

That is not appropriate on the Order of Business.

It is because I want to ask about the legislation. Has the campus and stadium Ireland Bill been withdrawn or will the Progressive Democrats rub salt in the wounds by building a prison out there? Having had to oppose the Taoiseach on his original project, I will make common cause with him on the matter of the Progressive Democrats trying to build a prison out there and——

Have you a question on the legislation, Deputy Rabbitte?

Given the record on zero tolerance of the Minister with responsibility for recreation, I know we need a prison but——

Deputy Rabbitte, please allow the Taoiseach to answer your question.

I am delighted to answer Deputy Rabbitte's question.

I won't be tempted.

The legislation will be brought forward. We will reconstitute the campus and stadium Ireland development for the role it will now play and these proposals will be brought forward.

Given that the pink pages contain 25 Bills to be taken in nine weeks there will be a rush to get them through. Will unfortunate Bills such as the charities regulation Bill, which relates back to the Costello committee report of 1980, be dropped once again or continue to slip? Is there any commitment on that Bill given that it is still not on the pink pages and looks destined to always be the also-ran?

The heads of the Bill are expected shortly. We will have to wait until that to see when the full draft will be done. It is certainly hoped that in the first quarter of the year we can get agreement on the heads of the legislation.

It is falling at the first fence.

Given that the Taoiseach gave the Minister for Transport a thick ear and sent him to talk to the bus unions, when will we see the transport reform Bill that will provide for bus competition? The Minister announced it seven months ago. It will now take him another three days to figure out his plans on it.

There is a long press release about it.

The heads are expected shortly. The legislation should be out this year.

Is that the Minister's head or the heads of the Bill?

In the last session the Tánaiste indicated that the work permits Bill was getting less priority. It was to have been published last year. It reappears now on the A list. When will we see this Bill?

It is indicated for this session.

Is it proposed to introduce legislation to provide for representation for citizens in the Six Counties through their elected Members of Parliament? If it is not——

That is one question. Do you have another question? We cannot have a speech on every question that is asked.

With all respect and with great disappointment I will just cease my participation at this point because you would not allow me proceed. I had three points to make. It is your penchant, with respect to you Sir, to interrupt this Deputy and I am recording my objection to it.

As this is the first day of this session, I will read out what Standing Order 26 allows. The full list of matters that can be raised is: "questions from any member about business on the Order Paper; about the taking of business which has been promised, including legislation promised either within or outside the Dáil; about the making of secondary legislation; about arrangements for sittings; and as to when Bills or other documents on the Order Paper needed in the House will be circulated: Provided that, the Taoiseach may defer replying to a question relating to the making of secondary legislation to another day." Other matters are outside the Order of Business.

All of my questions would have been within that definition and would all have been not only asked but also answered by now. However, you chose otherwise.

On the question raised, I do not believe there is legislation. However, I am due to give a reply to a parliamentary question on that matter in the next day or two.

The strategic national infrastructure Bill was promised by the Taoiseach at the Fianna Fáil Ard-Fheis to fast-track the provision of infrastructure. From the list circulated, I see it is still on the slow lane in section C.

It has been de-railed.

Has the urgency gone out of fast-tracking the Bill?

The legislation is being drafted at present. While I am not sure when the publication date is, it is a priority Bill.

I have a question about the status of Bills. Regarding heritage, I take a keen interest in the published programme for the forthcoming session. I have been watching the progress of particular heritage legislation that in October 2002 was promised for early 2003 and in January 2003 was promised for late 2003. By May 2003 it was still promised for late 2003 so my hopes were raised, but by September 2003 I was promised a heritage Bill in early 2004. It is now early 2004 and the national monuments Bill is being promised for mid-2004.

You have made your point Deputy. You will have to find another way to raise the question.

It has been more or less six months away for the past two and a half years. Can we believe anything about the status of Bills given the fictitious nature of the promised dates in this example?

The disability Bill was to have been published in January. Can the Taoiseach give an exact date as to when this will be published? Are the heads of the Bill being discussed with various disability groups at the moment? If so why are they not being made available to Opposition spokespersons?

I have been requested many times by people within the House and outside to have ongoing discussion with the organisations, particularly the Disability Legislative Consultation Group, the combined group, and that has been ongoing. There were meetings. It is not a question that they were given the legislation, but there were discussions about the issues involved and the heads. They required further time to come back with their comments. As soon as that happens, the Bill should be ready. The Government is ready to finally bring the Bill to Cabinet. As we did with the Education for Persons with Disabilities Bill, we promised we would engage in discussion with the group, which needs some time to come back to us.

How long will this be — two weeks, three weeks?

I believe they only requested a week or two.

I wish to ask about legislation that many people have been expecting going back to Eamon de Valera's time and under every Taoiseach since then.

Can you state the legislation?

The Shannon drainage Bill.

People still await this legislation and hope that under the current Taoiseach it might be brought forward. I refer to the ground rent Bill that affects a considerable number of people in the State and affects a number of State buildings.

I do not have the date.

The Taoiseach is like the rest of them.

Some 25 new Bills are to be published in the spring collection. Apparently the Minister for Justice, Equality and Law Reform has come up with a 26th, which is not included. As usual the Minister introduces a new Bill very quickly and wants it guillotined. The Immigration Bill 2004 is on the Order Paper for discussion next Thursday with all Stages to conclude by 3.30 p.m. The Bill arises from the fact that provisions of the Immigration Act 1999 were declared unconstitutional.

Do you have a question Deputy? What you might say on Second Stage is not appropriate on the Order of Business.

When will we get a copy of this legislation that will have all Stages guillotined on Thursday even though it is not on the list of Bills expected in this session.

I understand the Bill will be circulated in the morning.

Does the Government propose to make time available to debate the Flood report, particularly the section dealing with the making and receipt of corrupt payments?

I understand there is no problem with that.

So we will have a debate on the report.

Given the debacle in the prisons system at the moment due to the Minister's lack of accountability, when will we see the Prison Service Bill or at least the heads of the Bill? I received a copy of the White Paper on regulating better——

It is not appropriate to make a preamble

——which states that heads of Bills would be circulated. When can we see them for this Bill?

I do not have a date for the Bill. Work is in progress on the heads on the Bill to provide a statutory basis for an independent Prison Service and related matters.

Will the medical practitioners Bill be passed during this year? The medical practitioners have been informed that this will not take place until 2005. It is important that we see this implemented in light of the Neary case——

It is not necessary to make a preamble.

—— and the large extent of medical negligence.

Publication is due in 2004 but I am not sure of the exact date.

Has the adoption information Bill been removed from the list? I am aware it was withdrawn for consultation with the various interest groups. What is the current position regarding the Bill? I do not see it on the list.

As the Deputy stated, a consultation process is currently in train. The Department is in the process of amalgamating the Bill with the general adoption Bill and the Minister of State, Deputy Brian Lenihan, will then bring forward a new Bill.

When is that process expected to be finalised and when will the heads of the Bill become available?

The heads of the Bill should be brought to Government during this session.

Will the Government introduce legislation to control the price of property, with particular reference to private treaty sales? Will it consider the system that operates in Australia under which every bid is recorded? Rogue auctioneers can inflate the price of houses and I ask that legislation be introduced to control private treaty sales. I wish the Taoiseach success and good luck during his six months as President of the EU.

I am not sure whether there is new legislation in this area. However, I will bring the issue to the attention of the Minister. A legislative change was made a number of years ago which was meant to deal with this issue.

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