It is proposed to take No. 5, the Civil Registration Bill 2003 — Second Stage (resumed) — and No. 6, the Central Bank and Financial Services Authority of Ireland Bill 2003 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the proceedings on the resumed Second Stage of No. 5 shall, if not previously concluded, be brought to a conclusion at 7 p.m. Private Members' Business shall be No. 35, motion re the economic plight of Irish emigrants (resumed), to conclude at 8.30 p.m.
Order of Business.
There is one proposal to put to the House. Is the proposal for dealing with No. 5, conclusion of the Second Stage of the Civil Registration Bill 2003, agreed?
I do not wish to be contentious but a considerable amount of the time allocated yesterday for the debate on the Civil Registration Bill was used for the Private Notice Question about international chickens. Is it proposed to give an extension of time to debate this Bill today?
Was that an hour?
Yes.
We can give it an hour.
I understood that the Immigration Bill was due to come before the House today or tomorrow, but it has not yet been published. Will it be both published and taken in the House tomorrow? Is that not an abuse of the House?
That question is more appropriate to the Order of Business. It does not relate to the proposal before the House.
I am concerned about it.
I noted the Taoiseach's response to Deputy Kenny. We disagree with the imposition of the guillotine at the end of Second Stage of the Civil Registration Bill. The Taoiseach has indicated additional time. Is that the case?
Yes.
It is unnecessary to apply a guillotine. This is only the second day of the so-called substantive resumption of the House and guillotines are being applied. Members should have the opportunity to participate fully. Guillotines are usually the preserve of the latter weeks or days of a session. I also intend to address the Immigration Bill on the Order of Business.
I propose that the House adjourn at 10 p.m. so there will be sufficient time to discuss the Bill. There is a degree of urgency about it. The preparation work took place over a long time with various groups outside the House. It is urgent to pass the Bill.
There are now two proposals to put to the House. Is the late sitting agreed to? Agreed. Are the revised arrangements for concluding Second Stage of the Civil Registration Bill 2003 agreed? Agreed.
I welcome the decision yesterday in respect of Lansdowne Road, an option I have favoured for a number of years. The list of proposed legislation published yesterday included the Abbotstown sports centre authority Bill. Will that Bill deal with the unfinished business involving moneys outstanding to the GAA? Will the money be paid and will the two matters be dealt with together? The GAA still claims it is owed money by the Government.
Obviously the legislation will have to be revised before being introduced. The other issue is a matter for the Minister for Arts, Sport and Tourism.
It is proposed to produce the promised Immigration Bill 2004 and move all Stages before 3.30 p.m. tomorrow. Is the Taoiseach aware that there has been no agreement to this on the part of the spokespersons? It was mistakenly conveyed to the Whips meeting that there was. The Minister for Justice, Equality and Law Reform spoke to the Labour Party spokesperson, Deputy Costello, and said that he will put the Bill through in any event. A draft copy of the Bill is not yet available and the Bill has not been published. It is now 11.45 a.m. and in respect of section 21 of the original Act which was struck down as unconstitutional, as was predicted at the time by Deputy Howlin, the Minister chooses to rectify the position by dealing with all Stages of the Bill in a matter of hours tomorrow, even though the text of the Bill is not yet available. Is that the way to do business? Is that the way to correct an error? It is the wrong way to address the serious matter encompassed by the anticipated Bill.
The Green Party is extremely concerned about the manner in which the Immigration Bill is to be taken. This issue arises from flawed legislation, which must be a lesson to us not to bounce legislation through the House with minimal consultation. However, that is effectively what is happening now. Will the Taoiseach not acknowledge that this type of engagement with Parliament really belongs more to the Reichstag of the 1930s than to democracy today in Ireland? It is clear from the court hearings that the legislation must be changed but it must be changed in a manner which permits all views to be taken on board to ensure it is properly constructed and not challenged again in the court. However, that is more likely to occur if the legislation is bounced through the House tomorrow. When will the Bill be published? If it is published tomorrow, there will not be much time even to read it.
The indications are that the Immigration Bill will be presented to Deputies tomorrow and that all five Stages will proceed. Will the Taoiseach confirm that this is the Government's intention? If so, it will only confirm what many people, including Members of the House and press correspondents, have said, that the House is being reduced to a rubber stamp. We will not have prior perusal of the legislation or the time to prepare necessary amendments.
It was not just Labour Party Members but other Opposition Members who raised valid concerns and tried to make considered and substantive contributions to the debate in the House. They were pooh-poohed by the Minister for Justice, Equality and Law Reform who is always of the opinion that he knows better than the other Members. The truth is that the concerns and opposition voiced on that occasion by the Opposition have been vindicated by the High Court decision. Now we are set to replicate that error because the House will not be given its due responsibility to scrutinise legislation properly and to engage in a substantive debate. I ask the Taoiseach not to allow this to proceed in the way proposed.
Members are aware of what happened in this case. It is urgent that a Bill be passed. That has been explained by the Minister in interviews during the last few days. I understood there was agreement on this issue. Arrangements have been made for the spokespersons to receive a draft copy of the Bill shortly.
They have not received it yet.
It was to be given to them by midday. That was my information.
We have heard no such statement.
I am informed that the spokespersons are to receive a draft copy of the Bill today. The Bill reproduces in the form of a primary statute the content of the 1946 Aliens Order. That order was thought to exist up to 22 January, the date of the High Court judgment. Some modernising textual amendments will be incorporated in the Bill and the opportunity is being taken to prune some of the dead wood based on operational experience with some of the provisions. The only completely new element is the power to impose charges for registration. The rest is just a restatement of the 1946 Aliens Order through the legislation. That draft will be with the spokespersons shortly.
Prior to the Christmas break, we discussed during Private Members' time the issue of the vetting and registering of people considered unsafe to work with children. The impression was given by the Government that we did not need to be concerned about it because the Bill would come before the House in January. I was surprised earlier this week when the legislative programme was published that the Bill was not included in section B — it has been relegated to section C — or in the less than busy schedule for the Department of Education and Science for the coming term. When will the heads of the Bill be published?
I do not have a current date. A cross-departmental working group has been established by the Department of Justice, Equality and Law Reform to consider proposals to reform the vetting of employees by gardaí. Further work on the report is ongoing. It is expected that a final meeting of the group will take place during this month. I cannot tell the Deputy if that took place, but I will try to find out. The arrangement at Christmas was that the group would meet and finalise its work in January. I would then be able to give a date. I will check it with the Department and communicate with the Deputy.
On promised legislation, the State airports Bill to provide for the break-up of Aer Rianta was promised last December. In light of the advice the Minister has received, what is the most up-to-date publication date for that Bill? In light of the chaotic transport and traffic situation in Dublin because of the involvement of a large number of State agencies, does the Taoiseach accept that there is an urgent need for a single transport authority? There is some doubt about the status of the promised greater Dublin area land use and transport authority Bill. Is it the Taoiseach's intention to proceed with that legislation and when can we expect it?
The State airports Bill is due in this session. As regards the greater Dublin area land use and transport authority Bill, the policy is being reviewed and an alternative strategy is being considered to achieve the same objectives. Two Ministers are working on it. It has not been decided which Minister will bring forward the legislation, although it will probably be the Minister for Transport.
When will it be finished?
It may already be finished; I am not sure about that. My note states there is no date for legislation. The review of the strategy is close to being finished, if it is not already finished.
I am sure we are all familiar with the debate in recent years about safety on our streets. Does the Taoiseach agree it is a sad day when someone serving a prison sentence is killed while serving that sentence? What plans does the Government have to make prisons a safer place? When will the prison service Bill be published?
I do not have a date for that. The heads of the Bill are being drafted. There are 70 heads in this legislation and work is in progress. I do not have an up-to-date position, but I presume it is some way off.
I want to ask a question about the Higher Education Authority (Amendment) Bill. Is the Taoiseach aware that the higher education grants section of Cork County Council has been closed because of lack of funding from the Department?
The Deputy could submit the second part of his question to the Minister for Education and Science.
Is the Taoiseach aware that the grants section has been closed because of lack of funding from the Department?
As regards the transfer of certain responsibilities in relation to funding and operational matters from the Department of Education and Science, discussions are ongoing between the Department and the Higher Education Authority on the legislation. As soon as those discussions are complete, the drafting of the Bill will commence.
Is legislation promised to deal with landowners' rights in terms of people trespassing on the land? This is a major issue. Landowners need people to have respect for private property. Perhaps the Taoiseach could clarify if legislation is promised. This will become an urban versus a rural issue, which the country does not need.
The land Bill is due this session, which will give people an opportunity to raise that issue. I am not sure if the substance of the issue is covered in the legislation.
Yesterday the Taoiseach failed to answer this question on legislation. What is the status of the disability Bill? When will the heads of the Bill be published in accordance with the Government's action programme, the White Paper on better regulation? Will the Government make time available for the concerns of the disability legislation consultative group to be incorporated in the Bill which has been a long time in gestation?
I answered that question yesterday. The Bill will be published in a few weeks' time.
The specific question was about the heads of the Bill. When will they be published?
They will be published in approximately two weeks' time.
I understand the Minister for the Environment, Heritage and Local Government is required to make regulations governing the operation of the local elections in June which would include the provisions for electronic voting. When will those regulations be laid before the House?
If there are regulations, they are not on my list. I will ask the Minister to communicate with the Deputy.
The Minister has invited all and sundry to a public launch of the electronic voting system next Wednesday. Will the regulations be laid before the House to allow for ——
The Taoiseach has already answered that question. I call Deputy Joe Higgins.
The Taoiseach has not. The electronic voting system will be put on public display next Wednesday. Regulations are required to be laid before and considered by the House before that can be done.
The Deputy's question has already been answered.
I do not want to mislead the House. I have been told by the Minister that there are no regulations. Guidelines have been issued.
There are regulations.
I am touched by how the Tánaiste has remained faithfully by the Taoiseach's side all morning. Given that she has a handkerchief in her hand, was she expecting tears of disappointment?
That does not arise on the Order of Business.
She has a head cold.
Is she not allowed to have a cold?
I thought the Tánaiste might be ready to assuage any disappointment the Taoiseach might feel.
The Deputy should ask a question appropriate to the Order of Business.
The Taoiseach said that legislation on Campus Stadium Ireland would be modified. Will specific new legislation be introduced to encompass the new agreement on the planned stadium at Lansdowne Road?
The stadium at Lansdowne Road will not require legislation.
I am interested in No. 104 on the Government's legislation programme under the Department of the Taoiseach — the statute law revision Bill. It states that its purpose is to repeal irrelevant statutes. Will the Taoiseach indicate what these might be?
That is the legislation which deals with pre-1922 legislation. Work has been undertaken and it is close to being finished. There are several hundred pieces of legislation dating back almost 600 years. Some are still used, which is amazing, but most are not. However, they are still law. The intention is to try to——
Who was the Taoiseach in 1404?
Unfortunately, the rules still apply, which surprises me, particularly when one examines them. The process is to try to update those and re-enact them. That work is ongoing.
That should be fun.
In view of the significant delay in the work of the Commission to Inquire into Child Abuse which led to the resignation of Justice Laffoy, I note in section (b) that it is not possible to indicate the date for the publication of the Commission to Inquire into Child Abuse (Amendment) Bill. I would have thought there would be a sense of urgency about this issue, in light of the length of time survivors have had to wait for the work of the commission to continue. Is there a publication date for that Bill?
I do not have a publication date but the heads of the Bill have been completed and the Department of Education and Science is considering the recent Ryan report and is in consultation with the Attorney General. The legislation to be brought forward will be different because it will be based on the up-to-date assessment by Judge Ryan.
Will the work of the Laffoy commission be included in that consideration?
That will have to be included. The legislation cannot be concluded until both are considered.
If the same urgency were applied to housing issues as to revising the voting system we would not have a housing crisis but that is for discussion another day. Is the provision whereby the DPP can appeal unduly lenient sentences in the District Court still part of An Agreed Programme for Government or is it intended to revive it after the next election?
The word "rates" in the Local Government (Rates) Bill immediately conjures unhappy memories for many. Is it proposed to bring that Bill into the House before or after the local elections next June?
The Attorney General has referred the provision for the DPP to appeal against unduly lenient sentences in serious cases before the District Court to the Law Reform Commission for consideration as a matter of urgent public interest. We await that report. The heads of the Local Government (Rates) Bill are expected in the next month or two and the legislation will then be brought forward.
Will it be before the elections?
Before the 2004 elections.
The public service broker Bill seems to have gone the way of thecorruption in public office Bill and has disappeared altogether from the legislation programme. Can the Taoiseach tell us whether either of these Bills is being subsumed into other Bills to be brought before the House and the titles of the legislation to be put before us?
Progression of the public service broker Bill is not planned for 2004. It will be some time before it comes back.
What about the corruption in public office Bill which was proposed in the last session?
We do not have such a Bill.
It was announced with a loud fanfare a year ago.
We do not have such legislation.
We do not have corruption in public office.
We have forgotten about it. We will remind the Government.
The Judicial Conduct and Ethics Bill is the closest to that.
It was promised last year.
The changes in the law contemplated in the proceeds of corruption Bill are being included in the Proceeds of Crime (Amendment) Bill which awaits drafting.
Is the Taoiseach aware that several gardaí were badly injured in Enniscorthy in recent weeks due to public order offences? It is widely known that Enniscorthy Garda station is understaffed and the superintendent there has told me that an extra four or five gardaí would alleviate the serious situation. What is the up-to-date position on the 2,000 extra gardaí promised in the last general election? Is the Taoiseach waiting for legislation to be passed to employ these 2,000 extra gardaí and when is the crimes Bill coming before the House?
The expert group advising on possible approaches to codification continues to work and it is expected that the group will report in early 2004 and the Bill will be drafted then.
I note the presence of the Minister for Justice, Equality and Law Reform in the House. Under the terms of the Criminal Justice Bill, does he intend to make a statement to the House about the fatal stabbing of a person in Mountjoy prison yesterday?
If this matter comes up in some form in the normal procedures the Minister will deal with it.
Surely it requires some response.
It may come up as a matter on the Adjournment.
Everybody in the House must be concerned by this and would condemn this terrible act. I am sure the Minister would be glad to say a few words on it if he gets an opportunity under the procedures during the day.
Deputy Cuffe has tabled a Private Notice Question on that matter.
On the legislative programme for the last session there were two Bills listed under the aegis of the Department of Health and Children, the adoption information (post-adoption contact and associated issues) Bill and the Hague Convention on the Protection of Children and International Co-operation in respect of Inter-country Adoption Bill. Item No. 75 on the programme for this session is a single entry "Adoption Bill". Do the Department and the Government now propose to amalgamate the proposed focus of the previous Nos. 73 and 74 into a single Bill and when is it expected that the legislation now described as the Adoption Bill will come before the House?
When will the Health Bill, item No. 76 on the new list, be published and is there a timetable for its enactment, given that it is expected to address the issue of the dissolution of health boards and that there will be local government elections in June?
I addressed the issue of the Adoption Bill yesterday and said that the Minister of State at the Department of Health and Children, Deputy Brian Lenihan, is examining the feedback from the consultation process. It is the intention to amalgamate the proposed Bills, to update all the adoption procedures and to bring forward one Bill, the heads of which will be available in a few months. The Health Bill is listed for 2004.