The Order of Business is No. 20, Education for Persons with Disabilities Bill 2003 — Report Stage (resumed) and Final Stage; No. 21, Central Bank and Financial Services Authority of Ireland Bill 2003 — Report Stage (resumed) and Final Stage; and No. 22, International Criminal Court Bill 2003 — Second Stage (resumed). Private Members' Business shall be No. 41, motion re housing (resumed) to conclude at 8.30 p.m.
Order of Business.
There are no proposals to put to the House.
I understand legislation to change the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 will come to the House tomorrow to provide for dealing with the issue of Judge Curtin. Does this refer specifically to cases under investigation or consideration or under Article 35.4 of the Constitution or does it apply in the case of all judges? In other words, can judges take it that if a committee wants them to attend here, they will be so compelled, or is it because the House, in due course, will consider in some format the question arising from that instance?
The detail of the legislation must wait until the legislation is before the House.
It is an important matter.
I appreciate it is important and that is the reason it should be dealt with in a structured manner.
The question is important. It absolutely cannot be construed to be any judge. It would only be a judge before the House where there is an application to remove him and it could not be extended to anybody else.
Is the matter we are considering not under the 1924 Act rather than Article 35.4?
The Government Whip tells me it is the constitutional process of Article 35.4 that allows the Houses of the Oireachtas to remove a judge, not the 1924 Act.
Perhaps I may communicate privately with the Taoiseach on that.
Yes.
I wish to raise two matters. Does the Government intend to permit the reported increase of 15 cent on the pint? At the rate of price increases this is an important issue. There appears to be no control of prices, and competition is not working.
The Deputy's second question.
With regard to the conflict between the Minister for Finance and the Minister for Transport on the Aer Rianta break up Bill, and the fact that the Minister for Finance effectively thwarted the Minister yesterday, does the Government still intend to introduce this legislation? If so, when will it be introduced?
The second question is in order.
The Government is awaiting the trade unions submissions before finalising its considerations on the matter. The trade unions have sought additional time.
I have two questions on legislation. Has the Government any intention to review current legislation and introduce new legislation on the matter of judicial appointments in the near future? With regard to the central facility for civil servants to indicate whether they want to work elsewhere in the country other than Dublin and in the context of the Civil Service Regulation (Amendment) Bill, does the rationale behind this Bill seek to provide a legislative basis for giving responsibility to the Secretary General of a Department for the appointment, performance management, discipline and dismissal of staff? In the future does the Government intend ——
The content of the Bill cannot be discussed.
It is not the content but the rationale of the Bill I am trying to discover. I want to find out whether the rationale of the Bill is that in future this degree of choice in the Civil Service will be removed by the Government.
The Deputy may submit his question to the Minister for Finance.
The judicial conduct and ethics Bill is to provide effective remedies for complaints about judicial misbehaviour, including late participation in the investigation of complaints. The Department is considering the provisions that might be included in this Bill, taking into account work done by the constitutional review group at the all-party Oireachtas Committee on the Constitution and the Chief Justices committee on judicial ethics. The Bill is being drafted. The Civil Service Regulation Bill is due to be debated in the House this session.
My question concerned judicial appointments rather than judicial behaviour.
Is legislation promised?
No legislation is promised on that.
There is an ongoing crisis in the health service. The health complaints Bill was dropped from the list of promised legislation last year. When can the Minister come in to discuss this issue? Will the health Bill come before the House, and if so, when?
The health complaints Bill will be incorporated in the health Bill which we hope to have before the House later this year.
I have asked this question but will ask it again as I have been asked to do so because of the problem for individuals, groups and local authorities in some instances. Will the Taoiseach inform the House whether progress is being made, or is intended, in the matter of the ground rents Bill?
I spoke about this earlier. The Bill is under examination in the Department of Justice, Equality and Law Reform. It has not finalised its consideration of the matter. There are opposing views. Some people think we can legislate on the matter but others think we cannot. A report has yet to come to Government which will then make a decision.
Given that the Irish Presidency of the European Union is facing its final month and that both the Dáil and Seanad passed motions unanimously seeking recognition of the Irish language as an official working language of the Union, will the Taoiseach advise the House what plans he has in the remaining weeks to ensure the issue of stádas na Gaeilge is achieved before the end of the Irish Presidency?
No legislation is promised on this. However, if the Deputy submits a question to the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, he will be able to give the Deputy the latest information on the issue.
What are the Taoiseach's plans on the issue?
I have been involved with the Minister on the matter.
Will the Taoiseach deliver on this?
In view of the failure of both the Minister for Agriculture and Food and the Minister for the Environment, Heritage and Local Government to make a breakthrough on the nitrates directives, will the Taoiseach intervene? The future ——
That matter does not arise. The question was dealt with by the Minister for Agriculture and Food in recent days.
He has not sorted out the problem. There is widespread concern within the farming community ——
I appreciate that but there are other ways of raising the issue. It is not appropriate to the Order of Business.
I am extremely concerned. Will the Ceann Comhairle explain to me what other way I can raise this issue?
As I said, the matter has already been raised by way of questions to the Minister ——
It has not been dealt with.
In recent days it was dealt with by the Minister for Agriculture and Food.
Could we have a debate in the House on the matter?
The Tánaiste has announced that she intends to transfer assets in the Shannon free zone from Shannon Development to the new airport authority. That is being opposed by all the chambers of commerce in the region who represent more than 1,000 businesses.
Has the Deputy a question appropriate to legislation?
It is an extraordinary decision, in view of 45 years of work in the area. Is legislation promised to provide for the transfer? I expect it requires legislation.
No legislation is listed on this. I suggest the Deputy should put a question to the Tánaiste on the matter.
Perhaps the Taoiseach would have a word with the Tánaiste about it.
In light of the huge number of fatalities on our roads in the past week, 11 in total, and a report last year which indicated a person was more likely to pass the driving test in a certain part of the country, will the Taoiseach indicate when the driver testing and standards authority Bill will be published.
That legislation will come before the House this session.
A commitment was given in the social partnership agreement for 2003-05, Sustaining Progress, that by autumn 2003 — we are now heading towards autumn 2004 — a disability Bill would be published with a view to its enactment by the end of 2003. What is holding up this Bill and will the Taoiseach ensure it is published soon?
I hope it will be published shortly.
After the election.
On a day when we learn the price of drink will rise significantly, will the Taoiseach tell us about the alcohol products control of advertising sponsorship and marketing practices sales promotions Bill and when it will be ready for publication?
That legislation is being drafted and is due in late 2004.
Some weeks ago I asked the Taoiseach about promised legislation on private treaty sales. He indicated then that he thought legislation was in place. I thought that by this time the appropriate Minister would have let me know whether such legislation is in place. If legislation on the control of private treaty sales is not in place, the absence of which is inflating the price of houses and land, will he put measures in place to control private treaty sales whereby such transactions are open and transparent?
Is legislation promised on this matter?
I do not believe there is any legislation on that matter but I will check that for the Deputy.
Is the Taoiseach aware of the serious threat to the livelihoods of thousands of traditional salmon fishermen in the west due to the imposition of severe restrictions on quotas and a limited number of days they can fish?
Has the Deputy a question on promised legislation?
This issue is related to important legislation. I am glad the Minister responsible is in the House because there will be a crisis in the north and north-west if this issue is not addressed.
To what legislation is the Deputy referring?
The Fisheries (Amendment) Bill; it is number 23 on the list.
It will be ready this year.
In view of the recent rumours and leaks to the media about the development of the DIT in Grangegorman, can the Taoiseach confirm or deny that the long-promised legislation on this matter will be published before 11 June?
It will be published this session.
Since we have not heard the plaintive tones of the Minister for the Environment, Heritage and Local Government for a few days and since the electronic ballot boxes——
If the Deputy does not have a question on promised legislation we will have to move on.
——and the €52 million are still unaccounted for, can provision be made to reconcile these imponderables in the context of the promised electoral (amendment) Bill? When is that Bill likely to be introduced?
The heads of that Bill are being prepared, it should ready around summer time.
"Heads" being the appropriate reference in this case.
Is the Taoiseach ruling out making a price fixing order to stop the threatened 15 cent increase in the price of a pint?
That does not arise on the Order of Business.
There is no legislation promised on this issue. However, I am sure it can be raised in many ways and that the Minister responsible will be glad to answer it.
A recent report informs us that if one has cancer, one is more likely to survive it in the Dublin region than in other parts of the country. On that basis, will the Taoiseach instruct the Minister for Health and Children to keep the promise he made in the 2002 election manifesto?
Has the Deputy a question on promised legislation?
Unfortunately, this is not a matter of promised legislation but an ordinary promise made to people regarding BreastCheck in Cork, which is still not available there——
That matter does not arise now. I call Deputy Broughan.
——and it is assumed that 37,000 women——
I suggest the Deputy submit a question to the Minister for Health and Children on this matter.
I have and I got as much of an answer as I am about to get now. We are still waiting for this service.
This matter does not arise at this stage.
The Minister is now talking about it being available in 2007, just in time for the next election. He is like Steve Silvermint.
The electricity funding Bill is due to be taken in the coming weeks. Will the Taoiseach indicate when it will be taken? Can he indicate when the main electricity Bill will be introduced and if a White Paper on it will be published? The Taoiseach's colleague, who is speaking to him, makes pronouncements about the future of the electricity industry but does not tell us about the promised legislation.
The Taoiseach will answer the Deputy's questions.
That was my first question. When canvassing at the doors I received many complaints about the Taoiseach regarding the decentralisation of our region, given that 10,000 to 30,000 jobs will be lost from the Dublin region.
Has the Deputy a question on legislation?
Will the Taoiseach re-examine this matter in view of the devastating impact it would have on our area?
The funding Bill will come before the House in this session. The electricity Bill will be ready early in 2005.