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Dáil Éireann debate -
Tuesday, 9 Nov 2004

Vol. 592 No. 1

Order of Business.

It is proposed to take No. 12, Irish Nationality and Citizenship Bill 2004 — Second Stage (resumed); and No. 13, Road Traffic Bill 2004 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the Dáil, on its rising on Wednesday, 10 November 2004 shall adjourn until 2.30 p.m. on Tuesday, 16 November 2004. Private Members' business shall be No. 36, motion re health care in the North Eastern Health Board region.

There is one proposal to put to the House. Is the proposal for dealing with the Adjournment of the Dáil tomorrow agreed? Agreed.

There are 16 days left until 25 November, the date set by the Taoiseach and the British Prime Minister for concluding matters in respect of progress on the Good Friday Agreement. Will the Taoiseach facilitate the House by arranging for a debate on this matter? Obviously, the DUP, Sinn Féin and all the other parties, including comments from the Taoiseach and the British Prime Minister, are relevant in this respect. In that context, it would be no harm to have such a debate.

In respect of the legislation governing electronic voting, will the Taoiseach confirm whether it is proposed that the voting system in the by-elections to be held in the future will be by the traditional manual method at the ballot box?

When can we have a more precise date in respect of publication of the sea fisheries consolidation Bill, which will update and consolidate sea fisheries legislation from the 1950s?

On behalf of the Labour Party, I support the proposal for a debate on Northern Ireland. We all want to ensure progress and we wish the Taoiseach well in that regard. As it is a matter of some importance, it would be of assistance to have such a debate in the House.

Subject to timing, I have no difficulty in facilitating a debate on Northern Ireland. It could prove to be useful.

The sea fisheries consolidation Bill will update and consolidate the Acts of the last half century. The heads of that Bill are expected in mid-2005 so the legislation is still some time off.

Unless the matters concerning electronic voting are resolved by the date of the by-elections, which is unlikely, voting will obviously be by the traditional method, with all the difficulties that entails.

So it will be back to the peann luaidhe.

If that is what the Deputy wants.

Is the Campus and Stadium Ireland Bill likely to be enacted before Christmas?

The Bill will be published this session.

In sharing the concern expressed by Deputy Seán Ryan on the accidents over the weekend, I ask about the promised Bill to reform the National Roads Authority. The national roads infrastructure Bill now has a 2005 date. Although we have seen the programme for national roads increase from €6 billion to €15.8 billion, does the Taoiseach recognise we need legislation urgently to ensure that crash barriers will be on all roads and not simply inserted to protect bridges as is currently the case on many such roads?

When will the legislation come before the House?

It will be in 2005.

It is still 2005.

Has the Government decided whether VAT arising from the sale of the Live Aid DVD——

That does not arise on the Order of Business. The Deputy should submit a question to the Minister for Finance.

Would such a Government decision require finance legislation?

It does not arise on the Order of Business.

I am asking about promised legislation.

The Deputy is asking about VAT.

The Ceann Comhairle is not listening.

Will the Government need to enact legislation should it plan to refund——

Is legislation promised?

No legislation is planned.

The Government will not do it. That is very mean.

The Deputy should use the appropriate way to submit her questions.

We did it when we had no money 20 years ago but we do not seem to be able to do it now. "Do they know it's Christmas?"

The Minister for Justice, Equality and Law Reform, Deputy McDowell does.

"Bah, humbug."

While no one, and certainly not this Deputy, would want to contemplate anything but success in the ongoing contacts between the political parties North of the Border and both Governments, in the event that agreement is not reached by the signalled date, does the Taoiseach anticipate any legislation being brought before the House on any outworking of elements signalled by both Governments?

We would need to examine the matter. We would clearly need to look at some areas and would perhaps need to examine the North-South bodies. We have no plan at this stage but we will need to keep it under review based on what happens over the next two weeks.

The programme for Government specified a minerals development Bill. It was also mentioned in the document, Delivering Better Government. Is the present status of the Bill indicative of a failure to deliver on either of the two documents or is it more serious than that? When are the heads expected and when will it come before the House?

My information is that the legislation will be ready next year.

That is even worse than I thought.

On 1 January 2005 the new health service executive is to come into operation. It requires major legislation to be passed by the House and I am conscious, as Deputy Burton has pointed out, that Christmas is coming and we have not yet seen the legislation. Will the Taoiseach give an assurance that sufficient time will be given between the publication of the Bill and any debate in the House since it represents such a major step? It is also a step backwards in terms of accountability. When will the Bill be published? We have been waiting a long time, yet there is no sign of it.

I appreciate time is moving along for this legislation. It will be taken at Government next week and we will then consult the Opposition on how we hope to take it forward.

Two women have been given leave by the High Court to challenge the Revenue Commissioners' refusal to give them recognition for tax purposes as having a civil partnership equal in rights under Irish law to a married couple.

Is the Deputy's question appropriate to the Order of Business?

It is. Will the Government introduce changes to the family law Bill to give equality to gay people rather than adopting the cowardly position of again hoping the courts can sort out the matter? As the Taoiseach is wearing a good dash of episcopal purple today, he might pronounce on this issue with some authority. What is the Taoiseach's view on that matter?

On the purple.

On the family law Bill.

The family law Bill will be taken next year.

What is the status of the Postal (Miscellaneous Provisions) Bill? It has been floating around for the past four or five years. In view of the threat to postal services during the Christmas period——

The Deputy should allow the Taoiseach to answer the question.

——will the Government bring the legislation forward?

The legislation was published some time ago and there has been an Order for Second Stage. I do not know what is delaying it, but the Bill is published.

It must have been mislaid.

It got lost in the post.

When will legislation for a referendum on the European constitution be published?

No decision has yet been made as to when it will be published.

Does the Taoiseach intend to ensure the social welfare payments and medical cards of holders of special savings investment accounts will not be affected when those accounts mature?

That does not arise on the Order of Business. I suggest the Deputy submits a question to the appropriate Minister.

Will the Government address this matter in the Finance Bill?

There will be a finance Bill and a social welfare Bill early in the new year.

Will the Taoiseach ensure it will address those affected?

We are certainly reassured now. We were concerned before.

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