Dáil Éireann debate -
Wednesday, 20 Oct 2004

Vol. 590 No. 5

Order of Business.

The Taoiseach

The Order of Business shall be as follows: No. 15a, motion re membership of committees; No. 16, Water Services Bill 2003 [Seanad] — Second Stage (resumed); and No. 6, Road Traffic Bill 2004 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that No. 15a shall be decided without debate. Private Members’ business shall be No. 33, motion re special needs (resumed), to conclude at 8.30 p.m.

Following this morning's discussion during Leaders' Questions, I propose, with the agreement of the House, that we debate the matter in question for an hour this afternoon, between 4.15 p.m. and 5.15 p.m. The Chief Whip will introduce an amendment to the Order of Business to that effect later this afternoon. We will proceed on that basis if that is okay.

An Ceann Comhairle

There is one proposal to be put to the House. Is the proposal for dealing with No. 15a, motion re membership of committee, without debate agreed? Agreed.

Mr. Kenny

I thank the Taoiseach for agreeing to my proposal for a short debate to get unanimous support for the Government's efforts to achieve the early and safe release of Margaret Hassan.

I note the Government Chief Whip has not yet said when he proposes to introduce his Dáil reform package. The Minister for Transport, Deputy Cullen, has contacted Deputy Olivia Mitchell since she spoke yesterday about the Railway Safety Bill 2001. It was proposed to make 50 pages of amendments to the Bill without considering them on Committee Stage, but that matter has now been rectified. It smacks of incompetence, to put it mildly, to expect 50 pages of amendments to be accepted without being debated on Committee Stage.

Mr. O’Dowd

Hear, hear.

Mr. Kenny

I appreciate that the Minister has contacted Deputy Olivia Mitchell.

Can the Taoiseach state whether it is proposed to introduce legislation following the outcome of the Chen case, which relates to the rights of parents of children born in the EU? The result of the case strengthens the argument for the adoption of a more humanitarian approach in respect of the families of Irish citizens who were born here before last summer's referendum. The Taoiseach is aware that approximately 9,000 people are affected by this matter. The Minister for Justice, Equality and Law Reform, who is not present in the House, has indicated he will examine the cases on a case-by-case basis. It is a matter of genuine and serious personal sensitivity because some people are being deported.

An Ceann Comhairle

Is legislation promised?

Mr. Kenny

Does the Government intend to introduce legislation to give a general amnesty to the approximately 9,000 persons to whom I have referred?

An Ceann Comhairle

The Deputy's question on the legislation is in order. The second part of the Deputy's question is a matter for the Minister for Justice, Equality and Law Reform.

Mr. Kenny

I understand.

The Taoiseach

I will raise the matter with the Minister. I do not think legislation is planned.

Mr. Rabbitte

I would like to speak about the same matter. The Irish Nationality and Citizenship Bill 2004 has not yet come before the House. Can the Taoiseach say when it will be brought forward? The implications of the Chen case and what is actually happening at present should be addressed in that context. When is it proposed to bring the campus and stadium Ireland Bill to the House?

The Taoiseach

The Irish Nationality and Citizenship Bill 2004 has been published and ordered for Second Stage. The stadium and campus Ireland Bill will be brought to the House in this session.

Mr. Sargent

Deputy Kenny spoke about the Railway Safety Bill 2001, which was to be debated on Report Stage today. Does the Government agree that the 52 pages of amendments can be regarded as a virtual declaration of the need for a new Bill? Is a new Bill being considered? Some 52 pages of amendments were handed to Opposition Deputies, including my colleague, Deputy Eamon Ryan.

Mr. Kenny

That is the other half of the Comhaontas Glas.

Mr. Sargent

He feels that a new Bill should be introduced because it is unreasonable to present 52 pages of amendments to Opposition Deputies and to expect them to produce their own amendments the following morning. The Government should re-examine the Railway Safety Bill 2001, especially as just three lines of amendments have been tabled to the Safety, Health and Welfare at Work Bill 2004.

An Ceann Comhairle

The Deputy has made his point. He should confine himself to a single Bill.

Mr. Sargent

That Bill involves many of the same issues.

The Taoiseach

I do not think it is proposed to change the Bill. We are giving the Opposition time to examine the amendments, which is reasonable. I accepted Deputy Olivia Mitchell's point that she had been given insufficient time. The Bill is not being changed. Many of the amendments are very technical and do not change the Bill.

Mr. Hogan

Substantial profits are being made by insurance companies at present. Deputies on all sides of the House were anxious to support the Government's insurance reform agenda, which aimed to reduce insurance costs. Will the Taoiseach introduce an amendment to the Central Bank and Financial Services Authority of Ireland Acts to ensure greater transparency in respect of the profits of the insurance business and the premia charged to customers?

An Ceann Comhairle

Is legislation promised?

The Taoiseach

It has been decided that a statutory instrument introducing financial services regulations relating to financial collateral arrangements will be brought before the House.

Mr. Hogan

That sounds exciting.

The Taoiseach

I do not know if that affects the point made by the Deputy.

Mr. Hogan

When will the regulations be introduced?

The Taoiseach

I do not have a date.

Mr. J. Higgins

On the same matter——

An Ceann Comhairle

I call Deputy Sherlock.

Mr. Sherlock

The national roads infrastructure Bill needs to be published soon to hasten the reform of the National Roads Authority. It is claimed one day that moneys are being transferred to another area, but a public statement is issued the next day saying that it will not happen. We have little control over the National Roads Authority, other than when Ministers come out to open roads, especially in the eastern area.

An Ceann Comhairle

Is legislation promised?

The Taoiseach

No legislation is promised.

Caoimhghín Ó Caoláin

I would like to record my appreciation of the Taoiseach's acceding to the request——

Mr. Sherlock

Gabh mo leithscéal, but I did not hear the Taoiseach's reply.

An Ceann Comhairle

He said no legislation is promised.

The Taoiseach

I am not quite sure what Bill the Deputy asked me about. There is no National Roads Authority Bill.

Mr. Sherlock

I am asking about the national roads infrastructure Bill.

Ms O. Mitchell

What about the strategic national infrastructure Bill?

The Taoiseach

The Bill will be brought forward next year.

Ms O. Mitchell

It is not that strategic.

Caoimhghín Ó Caoláin

I wish to record my appreciation of the Taoiseach's acceding to the request to arrange a special debate on the case of Margaret Hassan. The House will adopt a unanimous position in that regard. Can the Taoiseach give the House specific information about the projected date on which the Disability Bill 2004 will come before it? The Government has promised to pursue the Bill in the current session. When will it come before Members in the Chamber?

The Taoiseach

It will be introduced as soon as possible. The Bill is ready. I am ready to start when the Whips arrange the debate.

Mr. O’Dowd

In view of the Minister for the Environment, Heritage and Local Government's admission this morning that the electronic voting system which cost €50 million will have to be radically changed, will the promised electoral (amendment) (No. 2) Bill contain a provision for the next general election to be held under the traditional method?

An Ceann Comhairle

It is not appropriate to discuss the contents of legislation on the Order of Business.

Mr. O’Dowd

It is important that the people should be able to use the old traditional method to kick out the Government, lock, stock and barrel.

Mr. Durkan

Hear, hear.

An Ceann Comhairle

I suggest that Deputy O'Dowd should submit a question to the Minister for the Environment, Heritage and Local Government.

Mr. Cullen

The old system has not done the Opposition much good before now.

Mr. Durkan

Deputy O'Dowd has to receive an answer to that.

Mr. Costello

Given that Ireland is the only country in which the private security services industry is unregulated and considering that more people work in the industry than in the Garda and the Army combined——

An Ceann Comhairle

Does the Deputy have a question on promised legislation?

Mr. Costello

I am coming to that. The legislation, which was introduced in 2001 by the then Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, has now been passed. Can the Taoiseach indicate when an order will be introduced establishing the authority that will allow the legislation to get up and running? When will the authority be put together? When will the order be implemented, allowing this unregulated sector to be regulated and bringing us into line with the rest of Europe?

The Taoiseach

As Deputy Costello said, the legislation has been passed. I will check about the order, since I do not know the position on it. However, I will get an answer.

Mr. J. Higgins

Community organisations and voluntary bodies are being absolutely crucified by the insurance industry, which has put a stop to extremely worthwhile projects.

An Ceann Comhairle

Does the Deputy have a question on legislation appropriate to the Order of Business?

Mr. J. Higgins

Yes. When the insurance companies are expected to bring in €1 billion in profits this year——

An Ceann Comhairle

Does the Deputy have a question on legislation?

Mr. J. Higgins

Perhaps the Taoiseach might tell me regarding the investment funds (miscellaneous provisions) Bill, No. 58, which covers an aspect of the insurance companies where they make a further killing, what he will do about that greed.

An Ceann Comhairle

I call the Taoiseach on the investment funds (miscellaneous provisions) Bill.

The Taoiseach

The legislation is due next year.

Mr. P. Breen

Why were the agreed four employee representatives not present at the inaugural meeting of the Dublin Airport Authority last Monday, where fundamental policies——

An Ceann Comhairle

I suggest that the Deputy submit a question to the Minister.

Mr. P. Breen

I am coming to that, a Cheann Comhairle.

An Ceann Comhairle

We cannot have preambles to questions. Standing Orders are quite specific.

Mr. P. Breen

Important policy matters were discussed.

An Ceann Comhairle

If the Deputy has a question on legislation, we will hear it. If he has a question appropriate to the Minister, I suggest that he submit it.

Mr. P. Breen

Regarding what I said about why the four employees were not at the meeting last Monday, are changes necessary to the State Airports Act 2004?

An Ceann Comhairle

Is legislation promised?

The Taoiseach

No.

Ms McManus

The Taoiseach is probably aware that the Minister for Health and Children, despite the deepening crisis in accident and emergency, was silent until last night when she entered the House and promised——

An Ceann Comhairle

I am sorry. Does the Deputy have a question on legislation?

Ms McManus

The Minister promised that there would be a package of proposals to deal with the crisis. Is it the Government's intention to introduce a supplementary Estimate to pay for that package?

The Taoiseach

No. We will have to facilitate it within the Estimates for this year.

Mr. Gormley

Perhaps I might ask the Taoiseach about the alcohol products (control of advertising, sponsorship, marketing practices and sales promotions) Bill. Will that legislation mean that the Taoiseach will not open any more pubs or invite visiting dignitaries for a photo opportunity in a pub?

An Ceann Comhairle

On the legislation.

The Taoiseach

It will be 2005.

Mr. Durkan

In view of the ever-increasing importance of electronic communications, might the Taoiseach indicate to the House the progress regarding the electronic communications (miscellaneous provisions) Bill? Have the heads been discussed in Cabinet and, if not, when will that happen?

The Taoiseach

The heads are expected before Christmas, after which the legislation will be drafted. I understand the Bill is large, covering assets, broadcasting networks and delivery of content services to all end users at retail level. The heads will be completed before Christmas.

Mr. Howlin

The Government has promised to publish the review on CE schemes. When will that happen, and will it entail new legislation?

The Taoiseach

No.

Mr. Howlin

When will the review be published?

Mr. Allen

It will be published when all the job initiative schemes are gone.

Mr. Howlin

The Taoiseach does not know, or does he not want to tell?

Mr. Allen

Perhaps I might ask the Taoiseach, in view of the concerns about the constitutionality of Part VII of the Diplomatic Relations and Immunities (Amendment) Act 1976, when we will have legislation to amend it, and why has it been delayed so long, despite the constitutional concerns.

The Taoiseach

The matter is being examined. I have answered a question on this before. However, I do not have a date to address the concern about constitutionality.

Mr. Timmins

The Taoiseach will be aware that the Secretary General of the UN spoke here last week while the Taoiseach was away. Will the Taoiseach agree to allowing the House time to discuss the very serious issues he raised about Irish troops' participation in the UN, particularly given the commitment to discuss the issue of the triple lock, which will prevent Irish troops from taking up peacekeeping missions in which he would like us to participate?

An Ceann Comhairle

Is anything promised?

The Taoiseach

No debate is promised.

Mr. Rabbitte

Is the Taoiseach happy about the permissibility under existing legislation of the fingerprinting of Irish citizens who leave this country to enter the United States?

An Ceann Comhairle

That does not arise on the Order of Business. I suggest that the Deputy raise the matter with the appropriate Minister.

Mr. Rabbitte

Now that I have raised the matter, we may as well allow the Taoiseach to reply.

An Ceann Comhairle

Then the Taoiseach would be out of order like the Deputy.

Mr. Hayes

Can the Taoiseach give the House a progress report on decentralisation? It was announced——

An Ceann Comhairle

I call Deputy Crawford.

Mr. Hayes

No.

An Ceann Comhairle

It does not arise on the Order of Business.

Mr. Hayes

It was announced in the budget, but there has never been a progress report.

An Ceann Comhairle

I am sorry, Deputy, but it does not arise on the Order of Business. If he wishes to resume his seat, we will hear Deputy Crawford. If not, we will move on to the next business.

Mr. Hayes

Towns around the country are waiting.

An Ceann Comhairle

I am sorry, but Deputy Hayes is out of order.

Mr. Crawford

I too would like a report on that. The other issue that I want to raise is equally important to our home town.

Mr. Howlin

It is a long preamble this time.

Mr. Crawford

When will the ground rent Bill and the landlord and tenant (miscellaneous provisions) Bill be dealt with? They are causing enormous problems in Carrickmacross and other areas.

The Taoiseach

We have no date as yet.

Mr. Crawford

How many years?

Mr. McGinley

Is dócha go bhfuil sé ar eolas ag an Taoiseach go bhfuil toghcháin Údarás na Gaeltachta ag dul a bheith ar siúl i mí Aibreáin seo chugainn. Does he intend to introduce legislation to amend the Údarás na Gaeltachta Act 1979 before they are held next April?

The Taoiseach

No.