The Order of Business is No. 17, Maritime Security Bill 2004 [Seanad] — Second Stage (resumed); and No. 4, International Criminal Court Bill 2003 — Order for Second Stage and Second Stage. Private Members' business will be No. 39, motion re the rights of people with disabilities.
Order of Business.
I begin by offering congratulations to Dr. Clare O'Leary, a next door neighbour of Deputy Jim O'Keeffe's who has himself scaled summits in the past. Dr. O'Leary is the first Irish woman to have climbed to the summit of Mount Everest. Having been up one of these mountains myself last year, I know something of what she must have gone through in the last 6,000 or 7,000 feet. I congratulate her on a wonderful achievement.
In respect of the announcement he has just made regarding the all-party committee to deal with a matter currently before the House, will the Taoiseach arrange for a full briefing to be given to Opposition spokespersons or leaders regarding the groundwork for this matter? In wanting to contribute as we will have to, Members must understand the process so it will not run into dry sand after some months.
We have spent four weeks working on this matter with the Attorney General. Considerable data has been gathered and there are precedents going back to 1806. If the party leaders, their spokespersons or nominees will make arrangements the staff of the Office of the Attorney General will brief them comprehensively on the issue.
If, as now seems probable, the House establishes a special committee for this purpose, will the Taoiseach give a commitment to the House that the Government will bring forward legislation as early as possible to restore the power of inquiry by parliamentary committee, where appropriate, that whatever trimming we must do as a result of the Abbeylara judgment will be done and that what was a meaningful role for Parliament, as distinct from Government, will be restored to the Houses of the Oireachtas and especially to this House?
Will the Taoiseach confirm that the briefings to be provided by the Attorney General to the leaders of the respective parties will also be given to a nominee of the Independent Members of the House, who must be given equal access? While this matter is unprecedented to my knowledge, will the Taoiseach advise if the full raft of information, including the historical context, will be given to Members, so that any tenuous precedent can be pointed up and Members informed of the process? When such an issue is being addressed by elected Members of this House it is important that everyone is properly informed of any precedent that would give greater information. Will the Taoiseach advise us of the timeframe within which he expects the committee to deliberate and when the report of the committee will come before this Chamber?
I appreciate that the measures being discussed, as referred to by the Taoiseach, are in the area of uncharted territory other than in a historical context which does not bear any direct recent historical context. Given the information available to him, will the Taoiseach indicate the types of issues requiring consideration by the Oireachtas? Will Independent Deputies and Senators be included in the briefings and how broadly based will be that consultation? When will the next step be engaged and when will the matter be concluded?
In reply to Deputy Rabbitte, the Abbeylara judgment was based on constitutional considerations. The Government is prepared to engage in discussions on the issue and to share its views in that regard. However, the matter cannot be dealt with by way of legislation alone because it was ruled out, by way of the Supreme Court judgment, on constitutional grounds.
It is not beyond the Minister for Justice, Equality and Law Reform, Deputy McDowell, to conjure up a constitutional amendment when necessary.
The Deputy should allow the Taoiseach to reply.
Why can he not do so in this case?
The Minister for Justice, Equality and Law Reform has a good knowledge of these matters and has good foresight, as Members will note from today's judgment. I am sure he will be prepared to engage in discussions on the issue.
In reply to Deputy Ó Caoláin, if the technical group picks a nominee, I will——
The Taoiseach already indicated that all parties would have access. The first part of my question sought confirmation that Independent Deputies would also be accommodated.
The Deputy has made his point.
I expect the requirements of the Green Party and Sinn Féin to be met in the same manner as those of Fine Gael or the Labour Party.
The Deputy should allow the Taoiseach to reply without interruption, please.
Will the Taoiseach confirm that is what will happen?
I will put in place appropriate arrangements. Is Deputy Ó Caoláin suggesting Fine Gael and Labour should have one nominee and that the Technical Group should have six? I do not believe that is possible.
I do not have a difficulty with whatever number the Taoiseach settles on so long as people are satisfied.
Nobody is defining proportionality.
Please allow the Taoiseach to continue without interruption.
The number of people involved is not an issue as long as we all have access.
I will try to put in place an appropriate arrangement.
The appropriate arrangement is to recognise the integrity of the various parties.
We should have 12% of the——
The whole lot together makes up 12%.
Please allow the Taoiseach to continue without interruption.
There are rules to be followed and we cannot simply change them. However, I will try to arrange for a briefing.
This is unprecedented.
Deputy Ó Caoláin, please allow the Taoiseach to reply.
On Deputy Sargent's point, I will make arrangements to ensure the work undertaken by the process is made available to him.
Given that the Minister for Agriculture and Food has failed to obtain an improvement on the pollution control issue in terms of REPS, when will the Land Bill be introduced?
It will be introduced this session.
Yesterday was the 30th anniversary of the 1974 Dublin-Monaghan bombings. Given the Taoiseach's remarks yesterday at the commemoration ceremony in Talbot Street and the express concerns of the relatives that there be an early debate on the matter in this House and that appropriate legislation be enacted to give effect to the tribunals of investigation contained in the recommendations, when will such a debate take place? When will legislation in that regard come before the House? When are the promised tribunals of investigation likely to be established?
Arising from the 30th anniversary of the Dublin-Monaghan bombings and the unveiling of the new memorial in Monaghan attended by relatives from Dublin and Monaghan——
The Deputy must ask a question appropriate to the Order of Business.
People want to know when the report will be considered and debated in this House.
That question has been answered.
Relatives want to know when will the Taoiseach proceed from that point and accommodate the clear and stated need to have a full public inquiry.
On Deputy Costello's point, I will try to arrange an early debate on the matter. On Deputy Ó Caoláin's point, the Oireachtas committee in its recommendations set out what we must discuss. It also emphasised that the matter is not as simple as indicated by Deputy Ó Caoláin.
It has been reported that the Government intends to make a decision to extend the rail network, in particular in the Cork suburban area. If the Cabinet makes such a decision, will it require the introduction of a Supplementary Estimate for the Department of Transport and, if so, will that Supplementary Estimate come before the House for debate?
As far as I am aware, no Supplementary Estimate will be introduced.
Is there an election coming up?
On promised legislation, in view of the fact that a number of people arrested yesterday for ramming a Garda car are wanted for questioning in the State on a series of firearm robberies and given the Garda crime figures——
The Deputy must ask a question appropriate to the Order of Business.
There was an enormous increase in the number of incidences involving the discharging of firearms in the State in the first three months of this year. There have been a number of indications in the media that——
It is not appropriate for the Deputy to make a Second Stage speech. We may well lose the legislation to which the Deputy is referring if she does not come to the point.
The legislation was alluded to in the press by the Minister for Justice, Equality and Law Reform who stated he will introduce legislation to provide for harsher sentences for firearm offences. Given that many of these offences are linked to the drugs trade, will the Taoiseach tell the House when the drug offenders Bill, promised in the programme for Government, will be introduced?
There is no proposed Bill relating to firearms. Work on the drug offenders Bill is at a preliminary stage. The Bill will provide for registration with the Garda of convicted drug dealers and for stiffer penalties for such offences. Work on the Bill is ongoing.
May I ask a supplementary question?
There is no provision for supplementary questions.
The Minister for Justice, Equality and Law Reform, Deputy McDowell, in today's newspaper states that a Bill will be introduced to deal with this matter and that there will be an amnesty.
I call Deputy McManus. Deputy Cooper-Flynn, please allow Deputy McManus to speak without interruption.
A number of major health Bills have been postponed or delayed by Government. Will the Government meet its deadline on the introduction before the summer recess of the health and social care (professionals) Bill?
The Bill will be published this session.
Last week the Tánaiste stated that only one item of the disabilities Bill remained outstanding. Will the Taoiseach tell the House if the heads of that Bill or the Bill will be published prior to the local elections and the introduction to the Seanad of the Education for Persons with Disabilities Bill?
It is hoped the Education for Persons with Disabilities Bill will pass through both Houses before the end of this session. A few remaining aspects of that Bill are the subject of discussions with the disabilities group. It is hoped to conclude the Bill when agreement has been reached on those matters.
The Minister for Arts, Sport and Tourism, Deputy O'Donoghue, has been resting in his Department for the past couple of years.
He is rowing.
The Deputy must ask a question appropriate to the Order of Business.
The constituency of Kerry South received 12 times the amount of national lottery sports grants as the Taoiseach's constituency and mine. Will the Taoiseach consider the establishment of an independent disbursement agency?
That does not arise.
He is not resting when it relates to Killorglin.
I seek clarification or direction from the Taoiseach on the question of legislation to deal with trained ambulance personnel, EMTs, who are unable to administer essential drugs because they are not licensed to do so. They are not legally qualified even though they have the capability and knowledge to do so. Legislation in this regard has been promised but there has been no guidance. When will the Bill to give legal status to paramedics and allow them to save lives be introduced? It is a simple but essential matter for paramedics in the helicopter emergency medical service.
To which legislation is the Deputy referring?
It is the medical practitioners Bill. I do not have a date for that Bill.