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Dáil Éireann debate -
Wednesday, 19 May 2004

Vol. 585 No. 6

Order of Business.

The Order of Business shall be No. 8, motion re referral to Select Committee of proposed approval by Dáil Éireann of the amendments to the Agreement establishing the International Telecommunications Satellite Organisation; No. 9, motion re referral to Joint Committee of proposed approval by Dáil Éireann of a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking; No. 10, motion re referral to Joint Committee of proposed approval by Dáil Éireann for a Regulation of the European Parliament and the Council creating a European Order for Payment Procedure; No, 18, Central Bank and Financial Services Authority of Ireland Bill 2003 — Order for Report, Report and Final Stages; No. 19, Education for Persons with Disabilities Bill 2003 — Report Stage (resumed) and Final Stage, and No. 20, Equality Bill 2004 [Seanad] — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that Nos. 8, 9 and 10 shall be decided without debate. Private Members' business shall be No. 39, motion re rights of people with disabilities (resumed) to conclude at 8.30 p.m.

Is the proposal for dealing with Nos. 8, 9 and 10 agreed? Agreed.

I remind the Government to ensure we receive a short report from the committees, a provision introduced some time ago.

Will the Minister for Defence tell the House if the Government intends to proceed with the whistleblowers Bill given recent developments? The previous Government, comprising the same two parties, endorsed the Bill in my name on behalf of the Labour Party, the Second Stage reading of which was approved by Government in 1999. However, there has been no mention of it since then.

It is blowing in the wind.

The Whistleblowers Protection Bill 1999 is a Private Members' Bill accepted by Government and which, following the last general election, is retained on the Government's legislative programme. The main purpose of the Bill is to provide protection from civil liability to employees who make certain disclosures reasonably and in good faith on the conduct of business and affairs of their employers. The Bill has been on the Order Paper for almost five years.

Some considerable drafting work has been done with a view to progressing the legislation. It is now considered, on reflection, that the provision of statutory protection for whistleblowers on a sectoral basis might provide a better and more focused approach to dealing with this issue as in the case of section 4 of the Protection for Persons Reporting Child Abuse Act and section 15 of the Competition Act. In such circumstances, proceeding with the 1999 Bill is not viewed as a priority. The matter may be addressed at some future time when priorities in terms of the Government's legislative programme have been implemented.

I thank the Minister for his reply. The Taoiseach, in response to queries for the past five years, has led us to believe the Bill will come before the House. It is quite clear from the Minister's reply that that is not the case.

That matter does not arise on the Order of Business.

It is quite clear that the situation which arose in Allied Irish Banks illustrates the necessity for this type of legislation yet, the Government has no intention——

We cannot have a debate on the matter now. The Minister has answered the Deputy's question. The Deputy is out of order.

I accept that. It is quite clear the Government has no intention of bringing in the whistleblowers Bill.

The Deputy has made his point and is being repetitive.

Why not restore the Bill to the Order Paper?

Given the difficulties being experienced in hospitals throughout the country is it the Government's intention to introduce a Supplementary Estimate for the Department of Health and Children to cater for commitments now being entered into?

No, the Government is not contemplating the introduction of a Supplementary Estimate in that regard.

On the scheduling of Dáil business, will the Minister make time available for a debate on the lifting of the ban on genetically modified sweetcorn, an issue which arose at the——

Has a debate been promised?

Yes. The matter was discussed at a meeting of the Oireachtas Joint Committee on Health and Children and many members of the Fianna Fáil party were vehemently opposed to it. Many Members on this side of the House would like an opportunity to contribute to such a debate in this House and I would ask the Minister to make time available.

On the same issue——

Deputy Gormley stated that a debate has been promised. Members are only entitled to ask about promised debates. Where a debate has not been promised, the matter is decided between the Whips.

On the promised debate, there has been a significant change whereby biotechnology companies have been given the power to determine——

I am sorry, Deputy but we cannot have a debate on the matter.

——the food we eat and on issues of bio-diversity and food security. The Government has rolled over on this matter. When will the debate take place? What will the Government do to protect our natural system from such predators?

Will the Minister accept that the answers given by the Food Safety Authority in this regard were totally inadequate.

That matter does not arise on the Order of Business.

There have been new developments in the area arising from decisions taken yesterday by the Commission. We, on this side of the House, have no objection to having a debate on the matter. It will be for the Whips to make the appropriate arrangements.

The Minister for Education and Science recently opened a debate on the issue of accountability in our schools. Is it the Government's intention to introduce legislation in that regard because under existing statutory provisions many such accountability procedures are debarred by law?

Has legislation been promised?

Will such legislation be introduced?

As far as I am aware no such legislation is planned. However, I will communicate with the Deputy on the matter.

Perhaps it was a little kite flying.

Is the Minister, as the only senior Minister in the mid-west region, aware of the rapid advance of the PD agenda in that region? Is there any legislation, planned or promised, regarding Shannon Airport Development Company?

Given the welcome exposure by the "Prime Time" programme on Monday night of how medical card patients are being massively over-prescribed anti-depressants, will the Government provide additional resources to the Department of Health and Children to expedite the Medical Practitioners Bill and the Irish Medicines Board Bill both of which should have been presented this year but are again signalled as being delayed for a further year?

It is not possible to indicate at this stage when the Medical Practitioners Bill will be taken. The Irish Medicines Board Bill will be taken next year.

When will regulations be introduced to deal with the storage of the now discarded electronic voting machines? Does the Minister propose to bring forward amended legislation to give wider terms of reference to the electoral commission to deal with the matter of verifiable paper audit trails, a matter currently not within its scope?

The Deputy can look forward to using the machines in the future, as I do.

I did not hear the Minister's reply.

Can the Chair ask the Minister to repeat his reply?

Members should be afforded the courtesy of a rational answer to their questions.

Deputies questions are answered, provided they are in order.

The Minister said something about machines.

We were promised regulations.

I do not have any information in that regard.

The Minister will be aware of the promise made by the Tanáiste to end what has become bonded servitude in terms of the operation of work permits by introducing new legislation to institute a virtual green card system whereby the work permit would accrue to the worker as opposed to the employer. When will the legislation be introduced?

Some policy issues remain to be discussed. The Government is anxious to introduce such legislation this session.

The Minister may be aware that the Cork Simon Community held its annual meeting yesterday and affirmed that 100 young people are homeless in the region. Given the continuing difficulties in accessing private rented accommodation, when will Report Stage of the Residential Tenancies Bill be taken in the House? Is it still a priority?

I do not have that information for the Deputy but I will communicate with him.

The Minister for the Environment, Heritage and Local Government announced draft guidelines for planning conditions in respect of one-off rural housing. He then invited submissions on these draft guidelines. When is it proposed to back up the guidelines with a ministerial regulation? The Minister indicated he would make an announcement in due course.

The Minister for the Environment, Heritage and Local Government is awaiting further observations which are being made. As soon as that is done he——

It will be after the elections.

The Grangegorman Development Agency Bill was promised in the context of the general election. Rumours now abound in the area that it is likely to be promised again in the context of the local elections. Will the Minister say if that Bill will be initiated before the local elections?

It is expected to be published shortly in this session.

I refer to the matter raised by my colleague, Deputy Allen. In view of the existence of a dormant asset in the form of unworkable or obsolete voting machines which have been acquired by the State at a cost of €60 million to the Irish taxpayer——

Has the Deputy a question appropriate to the Order of Business?

Could they be described as a dormant asset and, if so, will they be covered under the dormant financial assets Bill? When will that Bill come before the House?

The last part of the Deputy's question is in order.

The Bill will be before the House in 2005. I suggest the Deputy leave out the word "dormant" and call them assets.

These are mechanical or electronic dormant assets.

The Minister is very dormant.

In view of the alarming increase in petrol prices and the repeated indications to the House by the Minister for Finance that the Government was in the process of preparing regulations for a possible carbon tax regime, will the House be given a White Paper or some other indication of the Government's thinking on this important matter? What is the situation regarding elderly people in poorly-heated and poorly-insulated houses? The Minister for Finance promised——

I suggest the Deputy submit a question to the appropriate Minister. Is legislation promised on a carbon tax?

——to give them special consideration. The Minister for Finance promised that by the end of this year he would be in full consultation with the House and there would be either a White Paper or regulation.

The Deputy has made her point.

I ask the Minister for a reply on carbon taxation.

There is no legislation promised.

A serious situation has arisen in the prisons because of the strike by prison doctors. Will the Minister say when the Prison Service Bill will be introduced? Will he make a statement regarding the present serious situation?

That does not arise on the Order of Business. There are other ways to raise that matter.

It is a very serious issue.

If it is a serious issue it should be raised in an appropriate manner in the House, not on the Order of Business.

It is the public service Bill.

I beg the Deputy's pardon.

On the no-fault compensation scheme for health service staff who are assaulted at work, is any legislation pending to ensure these workers are compensated rather than forcing them to go to court?

There is no legislation promised.

As the Minister of State with responsibility for housing is not present, will the Taoiseach allow a debate on the RAPID programme?

A debate has not been promised, Deputy.

In the three weeks before the local elections——

A debate has not been promised. I suggest the Whips discuss the matter.

Members on this side of the House have been asking about the RAPID programme. We are rapidly approaching the local elections.

I appreciate that but unfortunately it is not possible on the Order of Business to ask for a debate on every issue in which every Member has an interest.

There is nothing to show for this programme.

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