The Order of Business today shall be as follows: No. 15, Education for Persons with Disabilities Bill 2003 — Report Stage (resumed) and Final Stage to adjourn at 1 p.m. today, if not previously concluded, and No. 1, Maritime Security Bill 2004 [Seanad] — Second Stage.
Order of Business.
There are no proposals to put to the House.
I am sure everyone here would join me in congratulating the Garda on their successful seizure of a large amount of precursor chemicals for the making of drugs. Will the Tánaiste comment on the Government's position on EU co-operation on transitional crime? It seems that Ireland is becoming a hub for the distribution of precursor chemicals and Irish drug barons seem to be holed up in the Netherlands——
Has the Deputy a question appropriate to the Order of Business?
Yes, my question is very appropriate. Under a number of EU initiatives, a move has been made to try to co-ordinate crime across the European Union in respect of crimes and those votes will be taken by qualified majority voting. It appears the Minister responsible is holding out against that position. In view of these occurrences I ask the Tánaiste if the Government has changed its view and is pressing ahead with co-operation in respect of these sorts of offences?
That question would be more appropriately directed to the line Minister responsible. On the question of legislation or secondary legislation, I call the Tánaiste to reply.
I share the views expressed by Deputy Richard Bruton on the success of the Garda Síochána in its major find yesterday. In regard to the IGC, legislation and a referendum will be necessary. There is no question of us not co-operating to tackle major drugs activities of this kind or other serious crime, but Ireland and Britain have a different legal system from counties in mainland Europe and that has to be taken on board in the context of negotiations on the IGC. We are not alone in the attitude we have taken in regard to some of these matters.
The problem is that some countries become hubs for such distribution.
Today we read of the conclusion of the case of Ms Kathy Quilty — of which I have no doubt Members are aware — who suffered terribly at the hands of Dr. Neary. This raises a number of issues about legislation about which I would like to ask the Tánaiste. My first question relates to the medical practitioners Bill, which has been sought by the medical professions for more than seven years.
Does the Deputy have a question on the legislation?
Yes.
Will she please put the question?
It is important to illustrate the gravity of the situation.
There are other ways the Deputy can raise this matter, particularly by way of parliamentary question to the relevant Minister. This is the Order of Business.
I appreciate that. In 2002 we were promised that the Bill would be published in 2003. We were then informed that it would be published in 2005. The most recent programme relating to legislation indicates that no date has been fixed for the publication of the Bill. Is this not a matter of great concern?
The Tánaiste should respond on the medical practitioners Bill.
With respect, I have not finished and I did indicate that I have a number of questions. I am saving time by asking the questions together because they all relate to this case.
Is it the Government's intention to establish a statutory inquiry into the cases relating to Dr. Neary and his barbaric practices which have grievously injured so many women?
We cannot have statement on the matter. Does the Deputy have a question on legislation?
My final question also relates to the case. The Government has, in principle, pursued the objective of a no-fault compensation scheme for brain-damaged children. Since 2001 a group has been assessing the possibility of establishing such a scheme but has still not issued a report. What is the Government's position now that the insurance scheme is falling apart?
The only matter the Deputy raised that relates to legislation is the medical practitioners Bill which was also referred to yesterday. Unfortunately, I am not in a position to state when it will be published. I suggest that the Deputy discuss the matter with the Minister for Health and Children.
In his wisdom, the Ceann Comhairle saw fit not to allow the matter I raised under Standing Order 31. As regards promised legislation, what is the position regarding the building control Bill? This question relates to the matter I raised under Standing Order 31 but it goes beyond the appalling standards of finishing and energy insulation in new houses. The radon issue applies to existing housing and building stock. Is the Government going to give urgent consideration to the building control Bill which, we were informed, would be published in mid-2003 but will now not appear until late 2004 and ensure that it will apply to existing housing stock, especially in respect of the incidence of radon gas?
We have taken rather drastic, and probably correct, action on smoking and cancer-related deaths, of which there are approximately 500 per year. Radon gas causes in the region of 300 cancer deaths per year. The report on Castleisland demonstrates the importance of this matter and the severity of the problem. The Radiological Protection (Amendment) Act 2002 makes provision for grants for remedial schemes for homes. Is it the Government's intention to activate the relevant section of the Act to allow for the restoration of the grants which it previously abolished?
The building control Bill will be published later this year. There is no legislation required in respect of grants.
That is not the question I asked. Legal provision was made for such grants in the Radiological Protection (Amendment) Act 2002. Will the Government activate the relevant section or introduce secondary legislation, if required?
As the Deputy stated, the legislation is already in place. It is not a legislative matter; it is a budgetary matter. It is, therefore, not a matter for the Order of Business.
What about secondary legislation?
Legislation is not required.
Under the relevant Standing Order, the reply to a question on secondary legislation may be postponed to another day.
I do not believe that secondary legislation is required here. It is a question of budgetary resources and that is a different matter.
Money is required and the Government has loads of it.
The health complaints Bill has been dropped and will now form part of the health Bill. When will the latter be introduced?
In light of the failure of the Minister for Agriculture and Food to introduce REPS 3——
The first question is in order but the second is not. The Deputy is out of order and embarking on a Second Stage speech.
The second question is also in order. When will there be a debate on agriculture?
The Deputy will have to raise that matter with the Whips. Unless a debate has been promised, he may not refer to it.
The matters that were to be the subject of the health complaints Bill will be incorporated in the health Bill.
When will the health Bill be published?
I asked yesterday for the Government to provide time for a debate on a particular matter and the Tánaiste, to whom I am grateful, agreed. I note, however, that no provision has been made for this debate on next week's Order of Business. What is the position in respect of the undertaking the Tánaiste gave yesterday in light of the urgency of the matter I raised, namely, the appalling treatment of prisoners and others in breach of the Geneva Convention?
Does the Deputy have a question on legislation?
I understand that the Minister for Foreign Affairs will not be available next week, with the exception of being present for Question Time, as he will be abroad. That is the reason the Whips were not in a position to agree on a time for the debate. The International Criminal Court Bill will be debated next week. If we can find time the following week to discuss the matter raised by the Deputy when the Minister is present, it might be more appropriate to do so then.
I do not intend to delay proceedings. However, given that additional evidence has been presented to the US Congress and that the House will not be sitting for a number of days, it is appropriate to discuss this matter. I understand that the Labour Whip and other party Whips stated that they would be happy if the Minister of State at the Department took the statements and debate.
The Deputy has made his point.
We are talking about an undertaking given in the Dáil about a matter of considerable urgency, the debate on which will be delayed at the whim of the Minister.
The Deputy has made his point.
I facilitated the Minister for Foreign Affairs during——
The Deputy has made his point.
I will make it elsewhere too.
Yesterday the Environmental Protection Agency published a detailed report on the quality of the Irish environment which highlights many aspects where it is in a severe state of deterioration. Would it be in order and will the Government provide time for a wide-ranging debate on that report? Will it make such a debate a regular feature of business in the House?
Time has not been promised for such a debate.
It might be more appropriate for the Joint Committee on the Environment and Local Government to discuss it in the first instance.
In the context of public concerns about overcharging by AIB and the proposed investigation and supervision by the Irish Financial Services Regulatory Authority, IFSRA, the Tánaiste will be aware that——
Does the Deputy have a question on legislation?
——the proposed sanctions the IFSRA may impose are contained in the Central Bank and Financial Services Authority of Ireland Bill which is still before the House. However, no Order for Report Stage has yet been made in respect of that legislation. The IFSRA is a toothless watchdog because it has no powers of sanction.
The Deputy has made her point. She should allow the Tánaiste to answer the question.
When will the Order for Report Stage be made?
I understand that it is intended to enact the Bill before the summer recess.
The Government yesterday launched the central applications facility for decentralisation, which is being boycotted by one of the unions. Will an order be made under the public service recruitment legislation to ensure that recruitment under decentralisation will observe the high principles set out in that Act about selecting people on the basis of their skills and not on other criteria? It is important those principles——
That does not arise on the Order of Business. I suggest that the Deputy submit a question to——
It is secondary legislation and it does arise. There is an obligation on the Minister to initiate an order so that it would apply in this case. We need to know whether it is the Government's intention to initiate such an order.
Obviously people will be selected on the basis of the skills they have for a job and on no other basis.
That is not obvious.
It is obvious.
As regards the delay in the publication of the disability Bill, is the Tánaiste aware of the difficulties being experienced by many families seeking respite and residential care?
That does not arise. The Tánaiste should respond on the disability Bill.
When will the Bill be published and why has it been delayed?
As I stated yesterday and on Tuesday, there is one issue outstanding. The Bill is on the Cabinet agenda and will be published very quickly.
The Minister for Transport has initiated a further review of the Dublin bus market. Will this delay the introduction of new legislation to replace the Road Transport Act 1932?
The Bill is on schedule.
Is there a timetable for it?
Later this year.
I wish to ask the Tánaiste about a Bill in her area of responsibility. She promised 12 months ago that the employment permits Bill would be published before the summer recess but we are getting the same promise now.
The Tánaiste on the legislation.
Is the Tánaiste going to keep her word and will we see the Bill?
Allow the Tánaiste to answer the question.
If the Ceann Comhairle will not allow the Deputy to speak, she cannot ask her question.
I will be delighted to allow the Tánaiste answer the question, once she knows what it is.
Many of the issues involved were dealt with in legislation passed in this House last year to facilitate the accession countries on 1 May. The heads of the Bill have been circulated to the Government and it will be published in the next couple of weeks.
In an effort to assist the Minister for the Environment, Heritage and Local Government who has obsolete voting machines on hand which he thought he would use——
Has the Deputy a question on legislation?
——and having disposed of voting boxes he thought he would not use, is it possible to bring forward the legislation to provide for the introduction of protected sales and cross investments for certain types of collective investments? It is No. 60 on the list of promised legislation. This sounds eminently suitable to meet the dilemma facing the Minister. We will not mention the €52 million he has lost.
That is a financial services Bill and has nothing to do with e-voting.
Can it be brought forward?
I would prefer if the Tánaiste and Deputy Durkan did not discuss the content of what might or might not be in the legislation.
Will it cover the €52 million?
In view of the presence of the Minister for Transport, will the Tánaiste inform us when the legislation to break up Aer Rianta will be brought before the House?
That legislation will be published before the summer.