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Dáil Éireann debate -
Wednesday, 31 Mar 2004

Vol. 583 No. 1

Order of Business.

It is proposed to take No. 3, Electoral (Amendment) Bill 2004 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10.30 p.m. Private Members' business shall be No. 33, motion re confidence in the Minister for the Environment, Heritage and Local Government.

There is one proposal to be put to the House. Is the proposal for the late sitting agreed?

I do not object to the late sitting. Can we take it that a guillotine will not be imposed on the Electoral (Amendment) Bill 2004? In view of the public disquiet in respect of certain elements of the Bill, will the Tánaiste outline what will happen to the report that will be produced by the independent panel being established by the Bill? What does the Government intend to do if the independent panel's report is critical of the process, for example? Can I assume that a guillotine will not be imposed? What is the position in respect of the report of the independent panel?

It is certainly not proposed to impose a guillotine on the Bill this week.

What about next week?

It is intended to give as much time as possible to the Bill next week. I assume the Government will take on board whatever the independent panel will say, that is why we have put the panel in place in the first instance.

That is the question.

The Tánaiste answered the first part of Deputy Kenny's question when she said that there will be no guillotine this week. With respect to the Tánaiste, we already knew that. Will the Government impose a guillotine on the Bill?

It is intended to pass the Bill, yes, with a view to using the electronic voting system in the elections on 11 June. The Bill will be given a considerable amount of time this week and next week. The Government will make a decision on the matter next week.

Before I discuss the late sitting, can I take it from the Tánaiste's reply that there will be a guillotine?

There may be a guillotine, but——

I thought I heard a "Yes" in the middle of the Tánaiste's response.

——there may not be a need for one.

The Tánaiste has said that there may not be a guillotine. We will take it that there will not be a guillotine, if that is all right. We cannot oppose the late sitting until 10.30 p.m. tonight as we are looking for additional time, but I understand that it was not discussed at the Whips' meeting.

That is right.

I think such matters should be clarified and rectified. It is obvious that if there is to be a late sitting, it should be based on consultation with the other parties, given that it means we are expected to be here later than we might have planned. I ask the Government to ensure that late sittings are not organised without consultation with the other parties.

Is the proposal for the late sitting today agreed? Agreed.

Given that the Taoiseach will address the European Parliament today, may I ask the Tánaiste about the diplomatic relations and immunities (amendment) Bill? I understand that the only diplomatic initiative taken to date by the Government during its Presidency is the establishment of diplomatic relations with the dictatorship in Burma. The European Parliament passed a resolution condemning Ireland for taking this action.

Does the Deputy have a question that is appropriate to the Order of Business?

Let him finish.

I have asked about the diplomatic relations and immunities (amendment) Bill.

It is not appropriate to discuss now what might be discussed on Second Stage of the Bill.

The Taoiseach will address the European Parliament today in his capacity as the President of the European Council. The European Parliament passed a motion stating that it "regrets that the Government of the Republic of Ireland——

That does not arise on the Order of Business.

It does.

On the legislation, Tánaiste——

The Parliament regrets that we have "decided to establish diplomatic relations——

It does not arise on the Order of Business.

Will the Tánaiste explain why the Government has decided——

I call the Tánaiste to outline the position in respect of the legislation.

——to open diplomatic relations with an unreconstructed dictatorship in Burma?

I suggest that the Deputy submit a question to the appropriate Minister, or raise the matter during Leaders' Questions.

When I asked the Taoiseach about the matter yesterday, he said that relations were established so that we could speak to the Burmese authorities.

I call the Tánaiste to speak about the legislation.

That is unfair.

You are being very restrictive about an issue of human rights, a Cheann Comhairle.

It is a very important question.

The Deputy knows the Standing Orders just as well as the Chair.

It is not possible at this stage to indicate——

I have a copy of Standing Order 26 in front of me.

——when the legislation will be brought before the House.

I call Deputy Rabbitte.

I did not hear the Tánaiste, a Cheann Comhairle, because you were talking.

We did not hear the Tánaiste.

I call Deputy Rabbitte.

I did not hear the Tánaiste's reply, Sir.

If you were not interrupting when the Tánaiste was replying——

You were speaking.

You were speaking, a Cheann Comhairle.

I call Deputy Rabbitte.

You were speaking.

A Cheann Comhairle, on a point of order, it was impossible to hear the Tánaiste because you were speaking.

You seem to do most of the talking in here, a Cheann Comhairle.

On the legislation, Tánaiste.

As I said, it is not possible to indicate at this stage when the legislation will be brought forward.

What about the other part of the question?

I call Deputy Rabbitte.

The Tánaiste will not answer that.

Sorry, allow Deputy Rabbitte to speak without interruption.

Bearing in mind the principles espoused by the Tánaiste for her party at the weekend, does she intend to respond to the Irish Refugee Council's request to the Government not to hold a referendum on citizenship at the same time as the forthcoming European and local elections? Does she purport to collude with Fianna Fáil in the headlong rush to exploit this issue, to produce more Deputy Noel O'Flynns in this House, on local authorities and in the European Parliament?

As I said to the Deputy last week, the Government has not yet decided when to hold the referendum in question.

Is the Tánaiste aware that the Government has instructed the Chief Whip to make provision for taking the Bill in this House in the week after Easter?

It has not.

Is the Tánaiste aware of that?

I do not believe that to be the case.

Is the Tánaiste saying that we will not take the Bill in the week after Easter?

I have said that we have not decided when to hold the referendum.

Is the Tánaiste saying that the Bill will not be taken in the week we resume?

Deputy, the Tánaiste has answered your question.

The answer is that we have not made a decision on that matter. That is a fact.

The Taoiseach announced it yesterday.

He did not.

The cameras caught his nodding head.

I ask the Deputy to allow Deputy Eamon Ryan to ask his question without interruption.

Can the Tánaiste tell me which of the transport Bills on the legislative programme will provide for a public transport regulator to regulate the State's bus services? I believe that such a regulator is needed before we can start to decide how and where privatised bus services will be franchised. Does the Tánaiste know which Bill will introduce such a regulator? When will it be brought to the House? The Government is commenting on the issue frequently, but we do not know what type of regulator will be in place.

The relevant Bill is the transport reform Bill.

When is the Bill due?

It is intended that the Bill will be brought forward this year.

I would like to ask about three Bills that I hope will be in place soon. When will the dormant accounts (amendment) Bill be brought before the House? I understand that a dormant financial assets Bill will be introduced to make dormant insurance funds available to party sources. In light of the difficulties faced by a children's hospital that has to be funded by charities, when will the charities regulation Bill be dealt with?

The dormant accounts (amendment) Bill is expected shortly after Easter. The charities regulation Bill is somewhat further away — we will probably have the heads of the Bill later in the year — and it is not possible to say when it will be before the House. What was the other Bill the Deputy mentioned?

I referred to the dormant financial assets Bill.

It is expected that the Bill will be brought forward in 2005.

Have the heads of the Bill to amend the Constitution to alter the base on which citizenship is given to or earned by people in this country been circulated?

Yes, I think they have been circulated.

The Tánaiste thinks they have been circulated.

They have been circulated.

It is obvious that the Tánaiste has read them.

Will the Tánaiste clarify whether the Government took the decision to pull the plug on the plans that existed to stage a major public concert on O'Connell Street in Dublin?

That does not arise on the Order of Business.

I suggest that you submit a question to the appropriate Minister.

I asked that question as a means of introducing my pertinent question on legislation. Was the concert cancelled because of a lack of planning regulations?

You cannot pursue that line at this stage. If you want to raise it with the appropriate Minister, I suggest that you submit a question.

Regarding the legislation——

The Deputy should refer to specific legislation.

I wish to ask about health and safety legislation.

Health and safety legislation, Tánaiste.

If it is not possible in the present circumstances to stage the concert in O'Connell Street——

Deputy, you cannot raise that matter on the Order of Business.

——could it be held in Croke Park in the same manner as the Special Olympics ceremonies?

The Deputy is familiar with the ways of raising the matter.

It seems that we will not have any public function on May Day to welcome the accession countries.

The safety, health and welfare at work Bill will be introduced in this session.

What is the status of the dormant accounts (amendment) Bill? I notice there is much dissatisfaction about this in some quarters. Will the Tánaiste use her influence to have inserted in this Bill a new section dealing with uncashed bank drafts? Many millions of pounds and euros belonging to deceased customers are lying in bank vaults. The financial institutions are aware of this and have not sought to track down the owners.

The Deputy has made his point. It is not appropriate to discuss this on the Order of Business.

This is a point I have been raising for some time. I am aware of several cases. There is no requirement for the banks to contact the next of kin of the deceased person. Will the Minister consider this?

Given the scrutiny to which the records of the Minister for the Environment, Heritage and Local Government, Deputy Cullen, and to a lesser extent the Minister for Transport, Deputy Brennan, are currently subject, does the Government intend to reintroduce the proposed legislation for the greater Dublin area land use and transport authority Bill? If so, when will it come in?

I understand the policy on this matter is being reviewed.

I request that Report Stage of the Education for Persons with Disabilities Bill 2003 be tabled for next week. It is more than six weeks since Committee Stage was taken. There is no reason for this delay. We have had a fanfare of promises from the Government about disability legislation, yet nothing has been done. There is no sense of urgency.

Report Stage may not be tabled for next week but it will take place immediately after Easter.

Why did the Government include it in its plans for this session which were made available to the public?

Perhaps the Deputy could discuss that with the Whips this evening.

I indicated that I wished to raise a matter on the Order of Business.

Apart from party leaders, I call each Member only once during the Order of Business.

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