Order of Business.

The Tánaiste

The Order of Business is No. 20, Residential Tenancies Bill 2003 — Order for Report, Report and Final Stages, to adjourn at 1 p.m. if not previously concluded; No. 11, State Airports Bill 2004 — Order for Second Stage and Second Stage.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 4.45 p.m. tonight and business shall be interrupted not later than 7 p.m.; Second Stage of No. 11 shall be taken today, and in the event of the proceedings thereon concluding today, any division demanded thereon shall be postponed until immediately after the Order of Business on Tuesday, 29 June 2004.

An Ceann Comhairle

There are two proposals to put to the House. Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. 11, Second Stage of the State Airports Bill 2004, and any divisions demanded thereon agreed?

Mr. Kenny

I object to the Bill being rushed through the House in this fashion. The normal procedure is that the Government states its policy clearly and then implements that policy through legislation. Fine Gael supports the principles of increased competition and regional development and if the proposed break-up of Aer Rianta into three components could be shown to promote these principles, we would support it. However, dealing with the legislation in this fashion is putting the cart before the horse. We are being asked to legislate for something that might or might not become Government policy and to do this as a token, as it were, for the warring factions in the Government.

We are also being asked to pass legislation before 8 July because it forms part of a pay deal that this House has never discussed. If this legislation is implemented and then the business plans to be sanctioned and approved by the Minister for Finance do not stand up, the Government will have to return to the House to legislate again for a different situation. I object to the proposal on that basis.

Mr. Rabbitte

The business of the week was scheduled and it is unusual to have an intervention such as this by the Government. The abridging of the debate on the Residential Tenancies Bill is surprising, given the fact that the Bill has been promised since the publication of a report in 1999. Tenants have been waiting for protection since then in circumstances that have become increasingly difficult for them. Such minimal legislative requirement or imposition as is on landlords at present is not being enforced by local authorities. Approximately 27% of landlords are registered as required with local authorities. Full rights for tenants are not provided for in the Bill but at least it is a modest reform. Why the debate on this Bill should be abridged in this fashion while the Government intervenes to drive forward the State Airports Bill is puzzling to say the least.

The chairman of Aer Rianta claimed last night on television that the Bill is being driven by the interests of a large commercial organisation. Perhaps the Tánaiste would like to take this opportunity to amend yesterday's record. She told the House, and I am sure it was inadvertent on her part, "It is a well known fact that Ryanair gave a donation to the Progressive Democrats which was published along with donations to other political parties of which the limit is €5,000." I thought that this referred to the disclosure threshold. However, when I got several phone calls I referred them to Senator O'Rourke, who said that the amount was €63,000. It would appear that the Tánaiste has, I am sure inadvertently, said that the limit was €5,000.

It all raises questions as to why we are proceeding to break up the company from the date of enactment. Only after it is broken up into constituent companies will each company set about compiling the business plan that ought to have preceded the break-up. It is a most unusual arrangement. I cannot envisage any Minister for Finance, whoever holds that position on the day, refusing it since the break-up will now take place when the Bill is enacted by the two Houses. Every consultant involved, including the Minister's consultants, said that a business plan ought to be prepared——

An Ceann Comhairle

We are discussing the arrangements for taking the legislation. What might be said on Second Stage is not appropriate at this stage.

Mr. Rabbitte

Yes, but it is pertinent as to why the Government is intervening in the business of the House to rush through a Bill even though the business plan is not in place. The requirement is to break up Aer Rianta and then get the companies to put together a business plan. It is a most unusual set of circumstances.

I take it the Tánaiste will take the opportunity to correct the record of the House on the matter I raised.

Mr. Sargent

The State Airports Bill is included in the order for this week in an unusual manner. It certainly indicates a reckless and unseemly haste which is in stark contrast to the lack of progress made on other legislation. Why is the road safety Bill from the same Department not considered urgent? Is saving lives not considered as important as the airports legislation?

Mr. F. McGrath

And the disability Bill.

Mr. Sargent

Indeed, although it is the responsibility of another Department.

Mr. F. McGrath

It is disgraceful.

Mr. Sargent

However, in the Department of Transport there is a strange ideological pursuit of the break-up of the airports, without a business plan and without justification. On the other hand, the Grangegorman development agency Bill, which is to provide for bringing together the DIT, is to be cut off. Why the State Airports Bill is being treated with such urgency is a mystery unless it is for blatant ideological and unreasonable objectives. Without a business plan, the Bill does not withstand scrutiny from any side. We oppose this legislation.

Aengus Ó Snodaigh

I also object to this legislation which prepares the way for the privatisation of a vital State company. I oppose the way it is being bulldozed through the House.

On a procedural matter, the House has just voted to agree to the late sitting. However, this is not a proper late sitting. It is a sham. Despite the late sitting, the House is postponing any decisions or divisions until Tuesday. If this were a proper sitting and a division were called, it would proceed when called for. I object to this practice of postponing decisions until the Government can get its act together and keep its Members in the House until it has a majority. I object to the proposal on that basis as well as to the legislation and how it is being bulldozed through the House.

The Tánaiste

In response to Deputy Kenny, there was no agreement with the social partners to take this legislation before July or on when to take the legislation. I am not even sure that the matter was discussed. It is the Government's wish and desire to have this legislation passed before the summer. In case there is any doubt, every business and tourism interest in the mid-west has championed the cause of autonomy for Shannon Airport for some time. That is a fact.

Mr. Kenny

Where is the business plan?

(Interruptions).

The Tánaiste

With regard to the development of an independent terminal, I do not believe that it should be operated or owned by an airline. Clearly, that would be a conflict of interest. The user and owner of that facility would have to be separate.

Mr. J. Higgins

The Tánaiste would prefer if the McEvaddys had it.

The Tánaiste

There is a great deal of misunderstanding in this regard. In response to Deputy Rabbitte, I said yesterday that the disclosure limit is €5,000 under the new legislation. The sum of money involved has been in the public domain for some time. I informed the Cabinet of that matter in 2001 before there was any discussion on this issue. It was put into the public domain at that time and nobody was in any doubt about that donation. That was prior to the new limits on funding.

One cannot suggest that there is any conflict of interest. Nobody has carried out more inquiries under company law into vested interests in this country than I have. I make no apologies to anybody for the policies I pursue. They are in the national interest and in the interests of passengers, tourism, business and especially in the interests of Shannon and the regions.

It is important that the airport authorities in Shannon, Dublin and Cork are in a position to move forward with their plans for those airports so they can begin to do business with new airlines and new businesses at the beginning of the next season. That is the reason it is important to enact this legislation.

Question put: "That the proposal for dealing with No. 11 be agreed."

The Dáil divided: Tá, 64, Níl, 46.

Tá

Ahern, Noel.
Ardagh, Seán.
Aylward, Liam.
Brady, Johnny.
Brady, Martin.
Brennan, Seamus.
Callanan, Joe.
Callely, Ivor.
Carey, Pat.
Carty, John.
Cassidy, Donie.
Coughlan, Mary.
Cregan, John.
Cullen, Martin.
Curran, John.
Davern, Noel.
de Valera, Síle.
Dempsey, Tony.
Devins, Jimmy.
Ellis, John.
Finneran, Michael.
Fitzpatrick, Dermot.
Fleming, Seán.
Glennon, Jim.
Grealish, Noel.
Hanafin, Mary.
Harney, Mary.
Haughey, Seán.
Hoctor, Máire.
Jacob, Joe.
Keaveney, Cecilia.
Kelleher, Billy.
Kelly, Peter.
Killeen, Tony.
Kirk, Seamus.
Lenihan, Brian.
McCreevy, Charlie.
McDowell, Michael.
McEllistrim, Thomas.
McGuinness, John.
Moloney, John.
Moynihan, Donal.
Moynihan, Michael.
Mulcahy, Michael.
Nolan, M.J.
Ó Cuív, Éamon.
Ó Fearghaíl, Seán.
O’Connor, Charlie.
O’Dea, Willie.
O’Donnell, Liz.
O’Donoghue, John.
O’Donovan, Denis.
O’Keeffe, Batt.
O’Malley, Fiona.
O’Malley, Tim.
Parlon, Tom.
Power, Peter.
Roche, Dick.
Sexton, Mae.
Smith, Brendan.
Smith, Michael.
Treacy, Noel.
Wallace, Dan.
Wilkinson, Ollie.

Níl

Allen, Bernard.
Breen, Pat.
Broughan, Thomas P.
Bruton, Richard.
Burton, Joan.
Connaughton, Paul.
Costello, Joe.
Cowley, Jerry.
Crowe, Seán.
Deasy, John.
Deenihan, Jimmy.
Durkan, Bernard J.
English, Damien.
Ferris, Martin.
Gilmore, Eamon.
Gogarty, Paul.
Harkin, Marian.
Hayes, Tom.
Healy, Seamus.
Higgins, Joe.
Kehoe, Paul.
Kenny, Enda.
Lynch, Kathleen.
McGrath, Finian.
McHugh, Paddy.
McManus, Liz.
Mitchell, Gay.
Mitchell, Olivia.
Morgan, Arthur.
Moynihan-Cronin, Breeda.
Naughten, Denis.
Neville, Dan.
Ó Snodaigh, Aengus.
O’Keeffe, Jim.
O’Shea, Brian.
O’Sullivan, Jan.
Pattison, Seamus.
Penrose, Willie.
Quinn, Ruairi.
Rabbitte, Pat.
Ring, Michael.
Ryan, Eamon.
Shortall, Róisín.
Stanton, David.
Timmins, Billy.
Upton, Mary.

Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg.

Question declared carried.

Mr. Kenny

I wish to raise three matters on the Order of Business. Yesterday the Tánaiste was kind enough to clarify matters relating to Carmichael House and confirmed that it would not close. Having spoken to the chief executive officer, I understand there have been no discussions yet with the Department of Community, Rural and Gaeltacht Affairs. Following the Tánaiste's comments the groups are withdrawing the redundancy notices, which I welcome. However, I urge the Tánaiste to consult the Minister for Community, Rural and Gaeltacht Affairs with a view to ensuring that discussion takes place, and to confirm that the extra €150,000 can be made available.

The Taoiseach's website of 27 April 2004 shows 19 Bills to be published, seven of which we have before us. I note there are recommendations to guillotine at least six Bills in the House next week. This does not make for very competent running of the business of the House. The Tánaiste might comment on that.

Third, there is a report in The Irish Times today that President Chirac has said he will object to any nominee from this country.

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Kenny

It is important. Will the Chair give me one minute? President Chirac has said he will object to any nominee from this country as a candidate for the Presidency of the Commission on the basis that Ireland is not in the Schengen area. That is an accident of history and is not as fundamental as the euro zone.

An Ceann Comhairle

The Deputy has made his point. The first two questions are in order.

Mr. Kenny

As the Chair knows, four people from this country have been mentioned — the Taoiseach, former EU Commissioner Sutherland, former Taoiseach John Bruton, and former President of the Council of the European Parliament, Mr. Pat Cox.

An Ceann Comhairle

The Deputy must find another way of raising this matter.

Mr. Kenny

The French President should be contacted regarding his objection to Irish candidates on the basis mentioned, with which I disagree.

The Taoiseach has scheduled statements on the European Council for next week. Can the Tánaiste confirm whether we will have anybody there as an observer or in any other capacity? I understand from reports——

An Ceann Comhairle

There will be questions to the Minister for Foreign Affairs this afternoon.

Mr. Kenny

This is important. I understand the business of the Presidency of the Commission will be dealt with at the NATO summit.

An Ceann Comhairle

The Minister for Foreign Affairs will answer questions this afternoon.

Mr. Kenny

I am not sure of that. Perhaps the Tánaiste would comment.

The Tánaiste

On the last matter, I understand the Taoiseach will attend. I can confirm that later.

Mr. Kenny

At the NATO summit?

The Tánaiste

Yes. He will attend on behalf of the European Union.

On legislation, a number of Bills will be published before the close of the session. Regarding Carmichael House, although it is not a matter for the Order of Business, the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, Deputy Noel Ahern, will contact Carmichael House to arrange a meeting.

Mr. Rabbitte

I refer to the coverage in this morning's newspapers of complaints against the Garda Síochána and the general unhappiness regarding the present model. As Ministers jump the queue and certain legislation gets through and other legislation does not, has the Tánaiste had an opportunity to speak to her colleague the Minister for Justice, Equality and Law Reform about the Garda Bill, which he announced on a dozen different occasions that I can trace, on some occasions giving the impression that it was enacted? Does it stand any chance of being brought back to the House, or is the Minister too preoccupied with the portfolios of other Ministers? Does the Tánaiste believe he might address his own portfolio one of these days?

The Tánaiste

That Bill is being dealt with on Committee Stage in the Seanad. I am not in a position to say when the Seanad will conclude its deliberations on it. I will discuss the matter with the Minister for Justice, Equality and Law Reform.

Mr. Gogarty

Given the schools accommodation crisis being suffered, particularly in developing areas throughout the country, not least in the Tánaiste's constituency which she shares with me, and given the recent INTO report——

An Ceann Comhairle

Does the Deputy have a question on legislation?

Mr. Gogarty

I do.

An Ceann Comhairle

The Deputy should come to the legislation.

Mr. Gogarty

Are there any plans to introduce legislation that would compel developers to provide school lands at no cost to the State?

An Ceann Comhairle

Is legislation promised?

The Tánaiste

I am not aware of any legislation on that matter.

Mr. Allen

Since the Minister for the Environment, Heritage and Local Government is in the House, could he make a statement regarding the disappearance of papers relating to a meeting between the former Minister for the Environment, Deputy Flynn, and the Secretary of the Department on corruption matters?

An Ceann Comhairle

The Deputy should put down a question to the Minister.

Mr. Allen

What is happening in the Department that vital papers can go missing?

An Ceann Comhairle

That does not arise at this stage. There are many other ways in which the Deputy can raise it.

Mr. Gilmore

I understand the mandate for the Commission on Electronic Voting is due to expire on 30 June and that an order is required to renew the mandate of the Commission and continue it in existence. Is such an order being made and when will the House be informed of it?

The Tánaiste

The Deputy is correct. The Minister is in discussions with the Attorney General at the moment. I understand it is likely there will be a new order.

Mr. Stanton

It has come to my attention that people who want to go to England to work with children or to do certain courses must obtain police clearance. That is not possible here at the moment and those people are precluded from pursuing those courses and jobs. The register of persons who are unfit to work with children Bill is urgent. The Taoiseach agreed last year that it was urgent. Will it be introduced soon? When is it due to be introduced?

The Tánaiste

It is not possible to say at this stage when that Bill will be introduced.

Ms Shortall

I have two questions on transport legislation. The driver testing and standards Bill was promised prior to the recess. Will that deadline be met and will the Bill be introduced before the summer recess? The Road Traffic Bill, one of the purposes of which is to underpin the penalty points system and to sort out the mess that has developed in regard to that is urgently needed legislation. It has been published. Can the Tánaiste guarantee that this legislation will be taken before the recess?

The Tánaiste

I cannot give a guarantee. It is the Minister's intention to do so. We had a Cabinet sub-committee meeting yesterday on insurance. There are also a number of other pressing Bills so I cannot give a guarantee on the Road Traffic Bill 2004. The driver testing and standards authority Bill will be published before the close of session.

Dáil Éireann debate - Thursday, 24 Jun 2004

Order of Business.

Tá

Níl

Dáil Éireann debate -
Thursday, 24 Jun 2004