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Dáil Éireann debate -
Wednesday, 24 Nov 2004

Vol. 593 No. 2

Order of Business.

It is proposed to take No. 1, motion re referral to select committee of proposed approval by Dáil Éireann of the despatch of a contingent of the Permanent Defence Force for service with EUFOR; No. 21 Irish Nationality and Citizenship Bill 2004 — Order for Report, Report and Final Stages; No. 3, Health Bill 2004 — Second Stage (resumed), to be taken not later than immediately following the conclusion of Private Members' business tonight and the order shall not resume thereafter. It is proposed, notwithstanding anything in Standing Orders, that: (i) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10 p.m.; (ii) No. 11a shall be decided without debate; and Private Members’ business shall be No. 43, motion re roads infrastructure (resumed), to conclude at 8.30 p.m.

There are two proposals to put to the House. Is the proposal for dealing with the late sitting agreed? Agreed.

Is the proposal for dealing with No. 11a, motion re referral to select committee without debate, agreed?

While I do not have any problem with the proposal, on 9 November the Government authorised the Minister for Defence to proceed with this matter. What was the reason for the long delay in the UN Security Council passing a resolution in this regard? The Tánaiste will be aware that 12 members of the Permanent Defence Force are serving in the SFOR headquarters and that UN approval is not required for up to 12 members. This is what is known as a Chapter 7 mission, which allows the use of force for the protection of our forces and the international civil presence. While there is a UN resolution relating to Bosnia and Herzegovina, what is the Tánaiste's view on Irish troops being prevented from serving in Macedonia in a similar mission because China blocked the Security Council resolution? Does the Tánaiste have a view on changing the triple-lock mechanism, which seemed to be responsible in this case?

That matter does not arise. We are dealing exclusively with No. 11a. I call Deputy Rabbitte.

It does arise, as they are both similar missions.

We will hear from the Taoiseach after we hear from Deputy Rabbitte.

When did the Tánaiste become the Taoiseach?

We will hear the Tánaiste's reply after.

I would be happy to hear the Tánaiste's reply.

The Green Party is concerned that this represents a breach of the precedent established in this House that where the Dáil is asked to approve a contingency like this, with which we have no problem in principle given the UN endorsement of the operation, there would be a debate in the House. That was the case before sending troops to Liberia. The debate on the triple lock mechanism has focused largely on the role of the United Nations but the role of this House is equally important. If the approval of Dáil Éireann is to be sought, it must be an informed approval based on a debate in the House. This is too serious a matter to hive it off to a committee and bring it back without a debate in this House and we ask that the matter be given time for debate, as has happened in the past.

I support Deputy Sargent, the proposition should be brought before the House. We are seeking approval and if it is an urgent requirement for Bosnia Herzegovina, an emergency debate should be necessary. It is important to take on board the financial aspects outlined in the briefing note that would have us understand that there is a cost involved yet previous Ministers have told us that EU referral policy has no financial implications and does not involve increases in defence spending. There may be conflict on the information now presented in the briefing document and previous responses by Ministers for Defence. The only way this can be properly aired is in a full debate in this House. I support the view that it should not be taken without debate and that such matters are substantive items for address by all Deputies.

It is proposed that we refer this to committee but that sets a bad precedent. I have no objection in respect of this mission but, generally, when we are sending troops abroad on such a mission, it ought to be done by a decision of the full House. I ask the Tánaiste to address that point.

The mission requires a motion to be approved by the full House and that will be forthcoming.

Approved with debate.

We are open to that. Government approval was subject to a UN mandate and the Security Council only passed a resolution on Monday, 22 November, which explains the delay between the decision and this matter coming before us now.

We take part in these missions under a UN mandate so if a country like China objects, we cannot participate. There are clear inconsistencies, as I have said before on the stance we have taken on some foreign policy issues. As time moves on, I hope we can debate these issues and come to a resolution that requires us to be able to act more independently on occasions where circumstances merit our participation.

Is the proposal for dealing with the motion agreed? Agreed.

When will the pharmacy Bill come before the House?

I hope to take a memorandum to Government shortly and the Bill will be introduced next year.

I understand legislation is necessary for the Tánaiste to implement her yellow pack cards. When does she intend to bring that legislation before the House?

The cards that facilitate people attending the doctor only require amending legislation and it is currently being drafted.

Thinking of the talks in Downing Street, that we hope will be successful, some legislation is dependent on the outcome of those talks and the re-establishment of the institutions. Given that there is no publication date for the legislation for a register of people considered unsafe to work with children or the Foyle and Carlingford fisheries Bill, can the Tánaiste indicate if those Bills are ready should it be possible to take them in the event of a successful outcome to the talks and the re-establishment of the institutions in the North?

That matter is not dependent on the talks, although there is a North-South element to the proposal and the Minster for Justice, Equality and Law Reform has appointed an implementation group to advise in this area.

We were told such legislation was dependent on the talks.

In light of the serious increases in suicide figures, when will the Health and Social Care Professionals Bill and the medical practitioners Bill come before the House?

The medical practitioners Bill will be introduced next year and the Health and Social Care Professionals Bill is on Committee Stage in the other House.

In view of the fact that a grandmother faced imprisonment yesterday for not paying a dog licence for a dog she did not own and that had been dead for a number of months, when can we expect the enforcement of fines Bill which makes provision for dealing with fines without using the imprisonment option? When can we expect the fines Bill to allow for the payment of fines through indexation?

The second Bill will appear next year but it is not possible to make any statement on the first matter.

On the financial services (consolidation) Bill, can the Tánaiste indicate the degree to which it will provide greater consolidation and when does she expect publication? Can she be more specific than 2005?

I cannot be more specific, I can only say it will be published next year. There has been major legislative change in recent years to update the law on financial services and to strengthen the regulatory powers of the State in this area. This is a continuation of that work.

The Minister for the Environment, Heritage and Local Government has spoken about one-off rural housing, stating that he will introduce legislation in this area. When will planning legislation be brought before the House?

Many of the objectives to which the Minister referred can be achieved through guidelines and regulations.

Legislation that in the Government's own words, is an essential part of the Government's health reform programme has been put on the long finger. When will the information equality authority Bill be published? Since the current Health Bill is being unnecessarily rushed through this House, can the Tánaiste guarantee that there will be a two week period between the publication of this Bill and its introduction so Members and interested parties outside the House can see it and consult on the establishment of the information equality authority?

It has not been put on the long finger. To expedite the new management and administrative regime we will put in place, we removed it from the Health Bill. I will publish the heads of the Bill and give at least two weeks to ensure there is widespread consultation.

I am delighted to hear it.

I want the Deputy to know that I listen to her sometimes.

It is about bloody time.

When publishing the legislative programme in September, the Government listed 19 Bills as priorities for this session. With three weeks left in this session half of these Bills still have not seen the light of day. Given that debate time will be taken up with the Social Welfare Bill and legislation already in the system, will the Tánaiste indicate how many of these Bills will remain unpublished when the House rises in three weeks time?

I understand there are 14 Bills on the A list and not all have been published. What was the Deputy's question?

Half of them have not been published yet. How many will remain unpublished?

Not half. I believe a couple of them remain unpublished.

I can list at least seven that have not been published.

Obviously the Social Welfare Bill will be a priority, as I am sure the Deputy will agree. The disability legislation is a priority and that Bill has already been published. The Health Bill is before the House and the Report and Final Stages of the Irish Nationality and Citizenship Bill 2004 are scheduled for today. Has the Deputy a specific Bill in mind?

There is particular legislation, such as the Commission to Inquire into Child Abuse (Amendment) Bill, the Building Societies (Amendment) Bill, the Registration of Deeds and Title Bill and the Criminal Justice (International Co-operation) Bill. Half the Bills on that programme have still not been published.

The Registration of Deeds and Title Bill has been published.

I apologise, I have not seen it, but the others certainly have not.

I understand the majority of them will be published before the end of the session.

I listened to the Taoiseach replying to a question, when he spoke about ruthless people such as gangsters, thugs and criminals and said they were getting off too easily. Has the Government legislation planned to deal with such people?

There is a great deal of legislation in this area at the moment and it is a question of enforcing it. However, as everyone knows, the Minister for Justice, Equality and Law Reform, Deputy McDowell, has a long list of reforms he intends to pursue.

That is all the Minister has, a long list of reforms.

He will be in the House, shortly.

He is taking no action.

He has made plenty of promises-——

That is not true. He has published many Bills. To use the slogan, "he has a lot done, but a lot more to do"——

——-about persons behind bars.

I understand the Cabinet gave the go-ahead on Tuesday for the renegotiation of the Ireland-US bilateral agreement. This is a momentous decision and could affect the entire western part of the country. Will the Tánaiste say whether we can have a debate in the House on this matter before any final decisions are taken?

It is not correct that the Government has given the go-ahead for the renegotiation of the Ireland-US aviation agreement. It agreed that some preliminary work would be done at official level with the United States to establish the state of play as regards this whole area. As the Deputy knows, competence in this matter is now at EU rather than the domestic level. Clearly, the Government is anxious because of the strategic importance for Ireland of aviation contacts with the US, to have as much information available to us as possible. The Minister for Transport, Deputy Cullen, has briefed the Government on the current state of play and there will be discussions with the US authorities at official level over the next while. This is a matter which is appropriate for discussion in this House, either at committee level or in some other forum.

There will be no early decision.

I do not anticipate an early decision.

Will the Tánaiste indicate when it is likely that the broadcasting authority Bill will be circulated? Will the Opposition be given sufficient time to examine it, as opposed to it being rushed through the House? In order to facilitate the spending of accumulated funds of over €20 million which now exist for distribution to other broadcasting entities——

Will the Tánaiste speak on the proposed legislation?

It will be next year, and the Minister tells me it will not be rushed through the House.

It will not be rushed. Does that mean it will not be coming to the House at all?

It will be in the House, but plenty of time will be given. The Opposition will need time.

We will not need so much time if given sufficient notice. I would not like to see it go the same way as the rusty ballot boxes.

The Deputy will have all the time he needs.

The House will allow Deputy Broughan to speak, without interruption. We cannot have a debate on this matter now.

I initially wanted to ask about legislation which is being put on the long finger, namely, the broadcasting authority Bill. Will the Tánaiste confirm again whether the Minister of State at the Department of the Taoiseach, Deputy Kitt, who is sitting behind her, is the Minister with responsibility for e-government, since a question I asked him last week about open-sourced technology was referred to the Minister for Finance? It should come within the remit of a Minister of State with responsibility for e-government, if we had one. The former Minister of State at the Department of the Taoiseach, Deputy Hanafin, used to answer such questions.

I do not know what happened the Deputy's question, but the Minister of State at the Department of the Taoiseach, Deputy Kitt, is very electronically-friendly and he is the Minister of State with responsibility for e-government. Since he took over as Chief Whip the Government itself has gone electronic, the House will be pleased to hear, since last week.

He must have got a shock.

He is very friendly, anyway. I do not know about electronically-friendly, however.

Will the Tánaiste say if she has any proposals in hand to amend the Standing Orders of this House and bring about some Dáil reform? I refer specifically to Members' rights because serious inconsistencies exist as regards decisions being made. A priority question of mine was disallowed today, for example, because it pre-empted discussion on the Estimates, I was told. Three other questions, however, which directly relate to Estimates, Questions Nos. 8, 39 and 64, were allowed. I want to know what protection Members such as I have when we table priority questions every five weeks or so which are ruled out of order.

Members of this House have more protection than most and of course we have the Committee on Procedure and Privileges. Leaders argue for discretion during Leaders' Questions to ask questions which in normal circumstances might be ruled out of order. The Government is anxious to engage with the Opposition on Dáil reform. If Deputy Allen could encourage the Chief Whip to engage——

He is more than willing.

I see he is engaging and more than willing. I am delighted to hear that, so perhaps we will have engagement over the Christmas recess.

I doubt whether the Government is anxious to negotiate. It did not seem to be in the past. The fact the Tánaiste is here in place of others——

The Deputy should appreciate that the rules for Priority Questions are different to those for Leaders' Questions. There is a difference.

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