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Dáil Éireann debate -
Wednesday, 10 Nov 2004

Vol. 592 No. 2

Order of Business.

It is proposed to take No. 14, statements on the European Council in Brussels; No. 13, Road Traffic Bill 2004 — Second Stage (resumed); and No. 15, Disability Bill 2004 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 14 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply: statements shall, if not previously concluded, be brought to a conclusion after 60 minutes; statements, which shall not exceed 15 minutes in each case, shall be confined to the Taoiseach and the main spokesmen for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order; Members may share time; and immediately following the statements, the Minister for Foreign Affairs shall take questions for a period not exceeding 20 minutes. Private Members' business shall be No. 36, motion re health care in the North Eastern Health Board Region (resumed) to conclude at 8.30 p.m.

Is the proposal for dealing with No. 14 agreed? Agreed.

Will the Taoiseach confirm whether the Attorney General has advised the Government on the refuse collection system?

That does not arise on the Order of Business.

For God's sake, this is the third time you have shot me down, a Cheann Comhairle. Let me ask the question as its subject is under the legislation of the Department of the Environment, Heritage and Local Government. Local authorities may now decide for their own reasons to privatise the system while the waiver which used to apply is no longer legal as a result of a European directive.

On legislation, a question to the appropriate Minister would be more in order.

This relates to information given to the Government. All I want to know is whether the Government will make arrangements for social welfare provision instead when the Minister brings in his Estimate next week.

The matter is not appropriate on the Order of Business.

Let Deputy Kenny speak.

It is not appropriate to the Order of Business. We would be here all day if we allowed every general question to be asked.

It is legislation that is needed.

You are very touchy today, a Cheann Comhairle.

No, the Ceann Comhairle is consistent.

I am not sure what you ate this morning for your breakfast, but you are very touchy.

On the legislation promised last night by the Minister for the Environment, Heritage and Local Government, will the Taoiseach indicate the likely timespan of the eight tribunals which continue to sit and do business in the normal way, if he can remember them all?

That does not arise from the Order of Business.

I will respond briefly if I may. We have endeavoured over the past three months or so to bring forward a working arrangement with all the tribunals. For a number of the tribunals the conclusion dates are mid-2005 and 2006. To the best of my knowledge the Mahon tribunal will be the last to conclude. If the current arrangements under discussion bring it to fruition, it means the conclusion date will be brought forward from 2015, 2016 or later, to Easter 2007, with the report to be written. It appears as if that is the best we can achieve. If we had continued the other way it would not have ended until 2014 or 2115. I do not want to be flippant but from what I now know, and the amount of cases and modules there could have been, the conclusion date was more likely to be 2030. We can now bring the conclusion date forward to 2007.

Is there a revised date for the publication of the strategic national infrastructure Bill which was promised for May 2004 and, most recently, 2005? On the basis that the incineration element is causing some controversy in the Cabinet, is it the case that it should proceed minus the incineration element given that it will now be in the——

We cannot discuss the contents of the legislation.

The Minister for Foreign Affairs would know given that Carranstown——

The Minister for the Environment, Heritage and Local Government, Deputy Roche, told me during the last few days that he is working on this issue and hopes to bring the discussions to finality in a short time and hopefully he will bring it forward then.

The Minister for Justice, Equality and Law Reform, Deputy McDowell——

I wish to raise two issues. In light of the warning regarding meat problems when will the animal health Bill come before the House because we need to discuss the importation of——

The animal health Bill.

——beef and how it is monitored. In light of the withdrawal of five junior doctors from Monaghan General Hospital as and from 1 July——

That does not arise on the Order of Business.

It very much arises. When will the animal health Bill——

It will be late next year.

When will the health Bill come before the House?

The health Bill is to be published next week and Second Stage is due to start on 23 November 2004.

Will the Taoiseach confirm if the Estimates will be published next Thursday and that the Government will set time aside for a full debate?

I confirm the Estimates will be published tomorrow week and that the normal arrangements for debating them will be worked out. They are usually debated the following week.

It is a shorter period this year.

The Deputy asked yesterday about the issue of VAT but I was unable to respond. However, I am in a position to announce that the Government will refund the VAT paid on purchases of the new Live Aid DVD and CDs. The Minister for Foreign Affairs has agreed to make a special contribution, equal to the value of the VAT paid on purchases of the CD and DVD to the Band Aid Trust. I believe all of us in the House would share in the admiration of the work and contribution of Bob Geldof to the Third World. He has moved beyond words with colleagues in the music world and has made an important and valuable contribution and, most importantly, he has inspired many young people to think deeply and to give generously to the Third World. It is best if a similar amount is paid rather than not charging the VAT. A contribution equal to the amount of VAT will be paid and the trust will provide the sales figures.

I welcome that.

No. 89 on the list of promised legislation is the parental leave (amendment) Bill which is designed to improve leave for working parents and publication is not expected until next year. Will the Taoiseach intervene with the Department of Justice, Equality and Law Reform with a view to expediting this legislation because it will make an important and critical difference to the daily lives of ordinary people?

The heads of the parental leave (amendment) Bill have been completed and the drafting of the Bill is underway. We hope to have it as early as possible in 2005.

When can we expect to see the building control Bill? It is over three years since the first illegal dump site was uncovered in Wicklow and to date not one ounce of illegally dumped material has been removed.

Just on the Bill, we cannot debate its contents.

Will the Taoiseach use his good offices to have the illegally dumped waste removed?

We can expect to see the building control Bill in the middle of next year.

The illegally dumped waste is still there three years later.

That matter does not arise on the Order of Business.

I have a letter in regard to a young Irish woman who will have to leave a course of study in a university in England because she cannot get Garda clearance to say she can go out on clinical placement. It relates to the register of persons considered unsafe to work with children Bill. Currently only certain categories are being vetted. Is it possible to fastforward that legislation?

I do not have a date for the legislation. What has happened in this instance is that a cross-departmental working group reported to the Minister for Justice, Equality and Law Reform on proposals for reform of vetting of employees by the Garda. The Minister is now appointing an implementation group to advise on implementation and the necessity for the legislation. Perhaps the individual case should be discussed with the Department of Justice, Equality and Law Reform because it may be able to help her.

With the abolition of the health boards in June 2004 and the subsequent refusal of executives to liaise with Oireachtas members, I refer in particular to the case where I am waiting ten days for a call——

Has the Deputy got a question on legislation?

It is on legislation.

On what legislation?

In relation to legislation where the executive will not respond to an Oireachtas member in relation to case of Benny McCullagh.

Sorry Deputy, that does not arise. I suggest you submit a question to the Minister for Health and Children.

It is the health complaints Bill. I have waited ten days. It is usually——

The health complaints Bill.

On a point of order. Is there some new ruling by the Chair whereby the microphones of Members are turned off before they have finished speaking?

No, Deputy, the Chair——

It is occurring in the House so perhaps you would correct it.

Sorry, the Chair has made no interventions whatsoever in relation to——

The microphones are being turned off. I am not accusing you of turning them off. Your own is turned off.

The original health complaints Bill as it was listed will be incorporated into the health Bill.

It will be buried in the health Bill.

The Bill will be circulated next week and the Second Stage debate will commence in the House on 23 November.

In regard to promised legislation and given the Government's anxiety to communicate good news on a regular basis, what is the current position regarding the radio communications Bill? When will it come before House? Have the heads been agreed and discussed in Cabinet and is progress likely? Also can indications of a similar nature be given in regard to the proposed energy Bill which will have implications for the Electricity Supply Board and for other energy generators? Will the Taoiseach indicate whether the 21 Bills listed by that Department are intended to come before the House before the next general election?

The radio communications Bill will come before the House in 2005 and the heads of the energy (miscellaneous provisions) Bill are completed and the Bill is due to come before the House in the session after Christmas.

Will it happen before the general election?

One of the 21 Bills referred to by Deputy Durkan is the maritime safety Bill. The Taoiseach's colleague beside him promised to introduce it on many occasions with provision for an emergency towing vessel which is badly needed around the coast. Will that Bill be brought forward as soon as possible, with funding?

The Maritime Safety Bill was published during the summer and is on Committee Stage in the Seanad.

Is the Taoiseach prepared to allow Government time to debate No. 47 on Tuesday's Order Paper? It is an important issue concerning the progress of the National Development Plan 2002-2006 and the funding for the Border, midland and west region and the south and east region.

Was a debate promised?

I do not believe so but I will ask the Government Whip to examine it.

When will the harbours bill be introduced to update legislation in this area?

The heads of the harbours Bill are to be prepared in 2005 and will not be available until about Easter. The Bill will update the Harbours Acts 1946 to 2000.

Will the Taoiseach state whether it is the intention of the Government to introduce the ground rent Bill? As his answer may be negative, will he make a statement this matter?

I will ask the Minister to respond to the Deputy.

Will the Taoiseach state whether the Attorney General has reported to Government on his advice in respect of the Health (Miscellaneous Provisions) Act considering that charges were imposed on over-70s who were given medical cards some years ago? The Taoiseach responded to this before.

When does the Taoiseach expect the commission appointed by Government to consider the funding of local authorities to make its report? Will it deal with the anomaly to which I referred earlier?

I will have to check the details on the second matter. The Attorney General is working on the other matter and he hopes there will be an outcome this week or, if not, perhaps next week.

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