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Dáil Éireann debate -
Tuesday, 15 Jun 2004

Vol. 587 No. 2

Order of Business.

It is proposed to take No. 9, motion re ministerial rota for parliamentary questions; No. 1, Electricity (Supply) (Amendment) Bill 2004 [Seanad] — Second Stage; and No. 3, Road Traffic Bill 2004 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that No. 9 shall be decided without debate. Private Members’ business shall be No. 37, motion re the Garda Síochána.

There is one proposal to put to the House. Is the proposal to deal with No. 9 without debate agreed? Agreed.

The Government will have received the report of the Tribunal of Inquiry into Certain Planning Matters and Payments today. It has been a number of years since the Taoiseach remarked in the House in respect of former Deputy Ray Burke that a good man was hounded out of office. The report states that this tribunal could last for another 11 years in which case two or three general elections may be held. There is a number of recommendations in the report. Does the Government intend to consider them? Does the Taoiseach have any plans to expedite this as the public is growing weary of it week after week? Many back garden patios will be built in the next 11 years if it continues at this rate. There is a number of options open. Some cogent arguments have been made in the report as to how the matter could be expedited, whether through contract prices, extra judges, the closing of the terms of reference or whatever. This matter needs to be dealt with quickly.

When is it proposed to debate the legislation dealing with the consequences of the referendum on citizenship? Will it be in the autumn session? Will the Taoiseach give a guarantee that there will not be a time limit on the discussion on it and that it will include real debate in respect of a proper immigration policy?

How does the Taoiseach propose to handle the interim report from the Mahon tribunal? The Committee of Public Accounts was recently informed by the Department of Finance that the €116 million — it might be €111 million, although I think it is €116 million — is likely to be increased by between a factor of four and five to pay for already incurred third party costs. Is it the Government's intention to allow this to run so that we can expect to have a final report by the anniversary of 1916 and additional countless tens of millions of euros will be spent which will not perhaps add a great deal to the knowledge we already have of the malpractice that has taken place in this county? There is no reason to believe it has been restricted to this county.

For example, why can we not refer the files and the cabinets of files there to the Garda Fraud Squad or equip it to take what actions it considers appropriate? Presumably, on issues where public hearings have been initiated they would have to be concluded, but surely it is a matter for the Oireachtas to seriously review whether we will chalk up €1 billion costs in this case. However, there are also five or six other tribunals sitting. How long does it take to establish whether there are lessons to be learned from the unfortunate shooting at Abbeylara or how much fertiliser has been ground in coffee pots in Donegal? Will the Taoiseach say whether he intends to involve the Opposition parties in discussing this and whether he intends to put any proposals to the House?

Deputy Sargent has a question on the same issue.

Is the Government examining how the subjects of the various tribunals and similar allegations of misdemeanours were investigated in other jurisdictions and whether there is a need to examine the procedures being followed? Will the Taoiseach indicate whether prosecutions are to follow given the large amount of public expenditure and the lack of credibility that surrounds the tribunals which are now seen effectively as a long-winded whitewash with prosecutions unlikely in view of the amount of cotton wool surrounding the various witnesses?

On the second matter Deputy Kenny raised on legislation following on from the most regrettable decision on the referendum last Friday, will the Taoiseach indicate how soon we will be aware of the detail of the legislation that will give effect to that decision?

There are two issues to deal with. Regarding Deputy Kenny's second question on the citizenship referendum, the Minister responsible will engage in discussions with the House prior to publication, perhaps during the summer months, and the legislation will be ready in the autumn. The Minister should be given adequate time to deal with that legislation.

Regarding the other matter about which Deputies Kenny, Rabbitte and Sargent asked me, the Government has only received this report. We will examine it. As Deputy Kenny pointed out, there are a number of recommendations in it. It clearly states with regard to its current terms of reference that the tribunal considers its remit does not afford it discretion as to which matters it is required to investigate. My reading of that is that because of that provision, the members of the tribunal have to investigate everything brought before them. That is not what the House had in mind in the autumn of 1997. At that stage there were a few issues and few more related issues arose. I am not saying what the members are investigating at present is not part of those issues. I accept, as Deputy Rabbitte said, that it is. It certainly was not the view of any of us who were involved in those discussions — I worked with the leaders of the Opposition of the day — that we would have the final report in 2014. In respect of a matter related to myself, I was told in 1998 that I would get the report in three months'. It seems that 2016 may also pass before we get it. I agree fully with Deputy Rabbitte on that.

The House set up the tribunal. It is incumbent on us — the report of the tribunal seems to state this — to decide what matters are on the tribunal's modules. The report also states that the current module should conclude around the time of the next Dáil. Deputies Kenny and Rabbitte will recall that when I increased the membership of the tribunal from one to three judges, it was my clear view that there would be a simultaneous operation with regard to the matters before it. I know from my experience that it is not that easy to remember what happened in 1988 and 1989. By the time the tribunal approaches 2018, I hope I will not be recalled because I probably definitely will not remember much.

The Minister, Deputy Dermot Ahern, might remember.

He might have more vision.

Allow the Taoiseach to continue.

I will do my best.

If the Taoiseach wears the suit he wore at the G8 Summit, he should have no problem.

The Taoiseach will remember the elections.

I had to put a bit of colour into the place.

In respect of what Deputies Kenny and Rabbitte asked me, the Government will have to examine this report. I would be prepared for us to sit down collectively to examine what modules we, as Members of this House, consider are important. I do not believe it is only a matter for the Government. If they are modules under investigation, I accept they will have to stay within that process. Others perhaps do not need investigation or we should refer them to a committee of the House. I would certainly be prepared to do that. It seems to be the sensible way to proceed. The process will have no credibility if we continue on this path.

I wish to raise two issues, one of which is the problem of the erection of illegal radio masts in the Border region. When will the radio communications Bill be introduced?

Many Members have spoken today about the issues raised during canvassing. One of concern to most parents, even in small areas in County Monaghan, is the drugs issue. When is it intended that the drug offenders Bill, and the added penalties that will apply under it, will be dealt with?

The radio communications Bill will set the framework for the development of the spectrum policy and update the provision relating to licensing and enforcement. The heads of that Bill are expected to be ready in the next few months, but it will be next year before the legislation is published.

I do not have a date for the publication of the drug offenders Bill, as work on it is at a preliminary stage of examination. Work on drafting the heads of the Bill has not commenced at this stage.

Does the Taoiseach not consider that Bill is urgently needed?

It will take some time.

I have the Government's legislative programme for the summer session 2004 brought in by the pre-11 June Government. In regard to legislation generally, having listened to Ministers' contributions during the past 48 hours, full of contrition——

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

My question is entirely about legislation. I want to know if Ministers' expression of contrition and compassion, leading us to believe that we have a new Government——

That is not in order on the Order of Business.

Will the legislative programme——

The Deputy will have to raise that matter in another way.

This matter is entirely in order. I want to know if the legislative programme stands following serious promises by Ministers——

It is not appropriate to make a preamble. The Chair has ruled many times on such matters. If the Deputy has a question on legislation, that is in order. Standing Order 26 is quite specific. The Chair will read it for the Deputy if he wishes.

That is unfair. I have a specific question on legislation as well. To be fair, there are as many preambles on the record of this Dáil as there are Fianna Fáil councillors who lost their seats. Is it intended to carry on with the senseless policy of the break-up of Aer Rianta and will that legislation be introduced before the summer recess?

That is the intention.

Now that the local elections are over, can the Taoiseach give an assurance that he will publish the disability Bill before the summer recess?

As I said previously, work has been continuing with the disability groups to try to finalise as many issues as possible and get agreement on them. I have not checked the position in the past week or two, but I know that officials have had communications. The Minister of State, Deputy O'Dea, had a meeting with the groups quite recently. I am not sure what the publication date of the Bill will be, but we hope to debate it in the next session.

There are a number of reports on the Order Paper from the Committee on European Affairs and the Sub-Committee on European Scrutiny. Under the European Union (Scrutiny) Act 2002 the committee is required to report to the House on progress in scrutinising EU legislation up to the end of December 2003. The committee has worked hard on a cross-party basis and, in the main, has been successful, although there are some difficulties. Will the Taoiseach provide an opportunity before the recess for the scrutiny process to be reported to the House?

I accept the committee has done an enormous amount of positive work. Some Ministers have also been involved in this. I will try to provide such an opportunity before the summer recess.

Is there forthcoming legislation to sort out the mess at Mayo General Hospital where 68 staff, who were employed for a unit that was to open on 1 July——

A question to the Minister for Health and Children might be more appropriate.

Is there legislation to provide some equality to patients in County Mayo, perhaps in the same way as was done for the equine industry?

The Deputy should talk to some of his medical colleagues on the Western Health Board.

Was the State airports Bill considered by the Cabinet today? What is the Government's intention in respect of that legislation? Does the Taoiseach intend to proceed with it and, if so, what is the expected publication date?

I do not have a precise publication date but it is intended to publish the Bill. Consultations have continued with the social partners on that Bill for some weeks.

I am interested to know whether the pink pages, indicating that publication of legislation will take place by the summer recess, have any meaning, given the reply Deputy Moynihan-Cronin just received, that the disability Bill will now be taken in the next session. The Bill is listed as being promised before the summer recess of 2004. In that regard, for example, will the Civil Service regulation (amendment) Bill also be put on the long finger until decentralisation has been forced through? Can the legislation that was promised to be taken before the summer recess retain credibility?

The Civil Service regulation (amendment) Bill will be taken in this session.

The disability Bill will be taken in the next session.

I cannot see it being taken in this session because it is an enormous Bill.

That is the fourth broken promise.

More broken promises.

In view of the desolation on the political landscape and the Government's need to construct a monument to itself in the shortest possible time, perhaps the Taoiseach will indicate when the national monuments Bill is likely to be rushed through the House.

Early next year.

We will need it before that.

The Taoiseach indicated that the heads of the health Bill to establish the new health services executive and complaints procedure should be published prior to the legislation being taken in the House. As the health Bill is scheduled to be published in the course of this year, when does the Taoiseach expect the heads of that Bill to be published?

It is hoped that the entire Bill will be published this year.

Yes, but the Taoiseach promised earlier to circulate the heads of the Bill.

The Deputy should allow the Taoiseach to answer the question.

It is to be hoped that the heads of the Bill will be available to the Government during the summer.

When will they be circulated?

As regards the fourth interim report of the Mahon tribunal, which has made millionaires out of many people, while criminals——

We have already dealt with that matter.

No, hold on.

Does the Deputy have a question arising from legislation?

I have a question, yes. Does the Taoiseach propose to introduce a motion or a regulation to change the terms of reference of the tribunal before the summer recess?

That matter has already been dealt with, Deputy.

Not necessarily.

It has. Four Deputies raised the issue and the Taoiseach replied.

I am asking specifically if we will have a proposal to change the terms of reference before the summer recess, in view of the practical nature of some of the suggestions in the report.

I said I would discuss this matter with the Opposition leaders before we do anything.

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