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Dáil Éireann debate -
Wednesday, 27 Apr 2005

Vol. 601 No. 3

Order of Business.

It is proposed to take No. 15, Sea Pollution (Hazardous Substances) (Compensation) Bill 2000 — Order for Report and Report and Final Stages; No. 4, Electoral (Amendment) Bill 2005 — Order for Second Stage and Second Stage; and No. 16, Commission to Enquire into Child Abuse (Amendment) Bill 2005 — Second Stage (resumed). Private Members' business shall be No. 41, motion re class sizes (resumed) to conclude at 8.30 p.m.

Regarding the McEntee inquiry into the Dublin and Monaghan bombings announced by the Department of Justice, Equality and Law Reform, will the Opposition parties be consulted about the inquiry's terms of reference?

It is obvious that all parties in the House recognise the seriousness of the anti-social behaviour issue. Regarding the Children Act 2001, when is it proposed to introduce statutory instruments for section 1(11) and 1(12) dealing with parental supervision, sections 115 to 132, inclusive, dealing with community sanctions and sections 137 to 139, inclusive, dealing with other aspects of community orders? The Taoiseach is aware that there are 53 uncommenced sections in the Children Act, which should be implemented and prioritised by him.

I wish to return to the issue of the McEntee inquiry. Given that Justice for the Forgotten has expressed its dissatisfaction with the inquiry's terms of reference — the form of investigation that is to be undertaken into the missing Garda files relevant to the Dublin and Monaghan bombings — will the Taoiseach revisit the terms of reference? Is there a facilitation for amended terms of reference to come before the House so that Members could have the opportunity to affect the final terms of reference?

Justice for the Forgotten has already publicly indicated that it will not participate in the new commission of investigation. This would be particularly regrettable because Justice for the Forgotten has contributed so much to all the hearings into the bombings. In this context, legal representation has already been afforded to Justice for the Forgotten relatives and survivors. Could we extend this where it impinges on that group's area of involvement to ensure the first commission of inquiry under the new legislation is not short-lived or ineffective?

I will request the information on the various sections of the Children Act about which Deputy Kenny asked and forward it to him.

On the commission of investigation, my officials have discussed the issue with Justice for the Forgotten. The group would prefer broader terms of reference but we have taken as terms of reference what happened in the Oireachtas committee and the issues that had been identified there. People can make submissions to Mr. Patrick McEntee SC. We are trying to address the issues that have been raised but not to open an extensive investigation of the past 30 years that will continue forever. We have been through this process and we must narrow the areas being dealt with.

I was glad to provide a significant amount of legal and financial resources to Justice for the Forgotten but this has been a costly exercise. With the commission of investigation we hope to have a quick examination, and to get the benefit of this type of report on tight terms of reference, as other countries seem to do. This is why it must be narrowed down but people can make their views known to Mr. McEntee. We have covered all of the points that came from the debate in this House and in the Oireachtas committee and all those issues we felt must be dealt with.

I raise the issue of the Work Permits Bill. Would the Government be prepared to facilitate an employment regulation order in respect of people in domestic service? This is an especially acute area of exploitation of non-national workers and others. An employment regulation order is the most appropriate way to address the issue, as trade union organisation in domestic service is not really feasible.

The Bill will be published in this session and I thank Deputy Rabbitte for raising the issue.

On promised legislation, yesterday the Garda Síochána and others highlighted the risks to pedestrians on our streets. This arises in the context on ongoing accidents. For example, a young lady in Balbriggan had her legs crushed yesterday.

Does the Deputy have a question on legislation?

The legislation relates to the Minister for Transport. Does the Minister intend not to wait for European initiatives regarding the retrofitting of trucks and large vehicles with mirrors to improve safety? Given the urgency of the matter, can we soon proceed to put these measures into effect rather than waiting for the number of casualties to escalate?

I will ask the Minister for Transport to note the Deputy's comments.

The postal provisions Bill seems to have disappeared from the radar, a common occurrence on that side of the House. Is it intended to bring that Bill back into the House in the near future, or at least before the next general election? Similarly, is it intended to introduce the Broadcasting (Amendment) Bill that I asked about last week? I still cannot comprehend the answer I received then. In the present climate, it would be beneficial to know whether this Bill will be brought before the House before the next general election.

The Broadcasting (Amendment) Bill is being prepared but it will probably be next year before it is before the House. The Postal (Miscellaneous Provisions) Bill was taken off the list and I am unsure of its current status. I will request information about it.

The Bill has gone off the radar.

The chief whip almost had me in tears on the radio yesterday afternoon on the issue of developers building 20 or 30 storey buildings.

Does the Deputy have a question on legislation?

My question is on legislation.

Which legislation?

It is infrastructural legislation for the south west and north side of this city. I asked the Taoiseach previously whether he is prepared to introduce such legislation to give Ministers like the Minister of State, Deputy Kitt an input——

There is no legislation on this.

A strategic infrastructure Bill.

The Taoiseach stated yesterday that we could have had a debate on the minimum wage. When does he intend to schedule this? The Taoiseach indicated that he had no problem with having such a debate. He thought I had it all wrong and had no difficulty facing me on the issue. I would like to take the Taoiseach up on his offer to have a debate on the minimum wage and the fact that, from this Sunday——

We are not having a debate on this matter at present.

——37,000 workers will be back in the tax net. I want an answer to my question. Will the Taoiseach schedule the debate and will he allow an opportunity to address the issues?

We cannot discuss what might be in the debate or we would be here all day.

We must know what the debate will be about. The debate should also address the issue of immigrants——

I ask the Deputy to stop. If the debate happens now, there will be no need for the Taoiseach to answer the question.

Will the Taoiseach confirm when he intends to schedule the debate?

Deputy Ó Caoláin has been beaten by Deputy Joe Higgins in this round.

Will the Taoiseach give a date? He can throw one out off the top of his head without a script.

Is the debate promised?

I read the transcript and the Taoiseach promised a debate.

The Deputy wants to come in to say how excellent the minimum wage is in Ireland, but as soon as I corrected him on that he moved to the tax issue.

I would welcome the opportunity. What does the Deputy propose to do about the 37,000 workers?

Allow Deputy Allen to speak. I have called Deputy Allen.

Will the Taoiseach use the Air Navigation and Transport (International Conventions) Bill to clarify the confusion about who pays for what concerning the building of terminals?

We cannot discuss what might be contained in the Bill.

Will the Taoiseach clarify the situation and when will we have the Bill?

We will have it this year.

On the Electoral (Amendment) Bill 2005, when discussing the Estimates in the Committee on Finance and the Public Service, the Minister of State announced last week that there would be a census on 26 April. Can the Taoiseach clarify whether the census will report within three months, as was suggested by the Minister of State in the committee last week?

This does not arise on the Order of Business.

Why are we going through this Bill if the Government has commissioned another census?

When will the Bill come before the House?

Will there be a need for another Bill?

There will be a need three or four years after the next census because that is how long it takes to go through.

That is not what the Minister of State said in the committee.

The Deputy should submit a parliamentary question about the census to the appropriate line Minister.

As Deputy Sargent said, the Government and the Garda launched a campaign on pedestrian deaths yesterday. In the context of that and in the context of secondary legislation, I am sure the Taoiseach accepts as unsatisfactory the increasing of speed limits outside schools on national primary roads——

The question must be on legislation.

——and built-up areas, which is increasing potential fatalities. In light of that will we see secondary legislation regarding the Road Traffic Act 2004, which provided for the implementation of guidelines to reduce speed limits outside schools?

This is secondary legislation.

When will the Government get its act together?

The guidelines have been issued to local authorities and it is for them to act on these issues.

This must have happened in the past few days.

In the past week.

Given that the Minister for Transport seems to be of the view that we should have an overall national transport regulator, which legislation would introduce such a regulator? Would it be the transport reform Bill, for which we do not have an expected date? On what date will the relevant legislation be introduced?

I do not have a date for the legislation.

Do we know if this is the correct legislation that will deal with this matter?

It will be included in a Bill. As I understood it, the Minister was talking about better regulation and not about a particular proposal.

So we will not have a regulator.

I did not say that either.

What is the Minister saying?

I call Deputy Kehoe. We are not having a debate on this matter now. I suggest Deputy Eamon Ryan submits a parliamentary question to the Minister for Transport to have the matter dealt with in the appropriate way.

(Interruptions).

Given the ever increasing pressure on nurses in accident and emergency departments throughout the country, when does the Taoiseach expect the nurses Bill will be published?

I do not have a date for it.

The Taoiseach is neglecting our nurses.

Will the Government introduce legislation on Aer Lingus given the Tánaiste's diplomatic absence from yesterday's Cabinet meeting to provide time to come up with some cobbled solution to the mess at Dublin Airport?

There is no Bill on Aer Lingus at present.

Legislation is promised.

It is not listed on the schedule.

I wish to raise two issues. Given that operations had to be cancelled at Monaghan General Hospital this morning due to bed shortages, when will the Taoiseach open the much needed ten extra beds, as promised?

The Deputy should submit a parliamentary question to the Minister for Health and Children.

I wish to raise a second issue.

I will hear the second issue after I hear Deputy Hayes.

Does the Taoiseach intend to introduce legislation on the dormant accounts fund? The reason I ask is that many centres throughout the country are in financial difficulties and find it difficult to apply for funding under the current legislation. Will the Taoiseach clarify the situation?

The Bill has been published and is with the select committee.

Deputy Connolly said he had an issue appropriate to the Order of Business.

It relates to the renaming of the treatment room in Monaghan General Hospital as an accident and emergency unit.

I call Deputy Boyle.

It is effectively providing accident and emergency services.

The Deputy is out of order. I call Deputy Boyle.

The Micheál Martin treatment room.

Will the Department of the Environment, Heritage and Local Government bring a Supplementary Estimate before the House given yesterday's European Court of Justice decision?

To what legislation does that refer?

Will the Department of the Environment, Heritage and Local Government bring a Supplementary Estimate before the House? Will another Supplementary Estimate be brought before the House by the same Department or by the Department of Arts, Sport and Tourism if additional State money is required by Cork which has been designated European City of Culture if private sector funding is not forthcoming?

The Department of the Environment, Heritage and Local Government is looking in detail at yesterday's judgment. No Supplementary Estimate is proposed at this stage. On the second question, the Government has already given large sums of money to Cork, the European City of Culture. The Minister engaged with the committee last year and continues to do so this year.

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