Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 16 Nov 2005

Vol. 610 No. 2

Order of Business.

It is proposed to take No. 10a, motion re ministerial rota for parliamentary questions; and No. 18, statements on housing. It is proposed, notwithstanding anything in Standing Orders, that No. 10a shall be decided without debate, the proceedings on No. 18 shall, if not previously concluded, be brought to a conclusion at 7 p.m. and the following arrangements shall apply: the statements of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case; the statements of each other Member called upon shall not exceed ten minutes in each case; Members may share time; and a Minister or Minister of State shall be called upon to make a statement in reply which shall not exceed five minutes. Private Members’ business shall be No. 43, motion re reform of the Competition Act 2002, resumed, to conclude at 8.30 p.m.

There are two proposals to put to the House. Is the proposal for dealing with No. 10a agreed? Agreed. Is the proposal for dealing with No. 18 agreed? Agreed.

When does the Government propose to bring forward its views on Dáil reform, an issue we have discussed before? I realise the Government Chief Whip has a number of options but when are we likely to see and discuss them? I welcome the statements on housing today, but is it still the belief of the Government that the ten outstanding Bills will be published before the end of the session? Following the inflammatory remarks made by an Islamic radical, Mr. Anjum Choudhury, the Minister for Justice, Equality and Law Reform ordered a review of legislation dealing with the legal options to ensure that persons cannot abuse the hospitality given to them in this country in such an unacceptable way. Has the review commenced and when is it likely to be completed? Will legislative change be required to give effect to the Minister's correct views on the matter?

With regard to the first issue of reform, I mentioned yesterday that the Government Chief Whip, the Minister of State at the Department of the Taoiseach, Deputy Kitt, is moving ahead within Dáil committees, using access where people can give their views on the Internet. There are other issues which he would like to pursue with Opposition Whips if they are ready to do so, and to seek agreement. I am not sure if that will be possible.

There is a roadblock on the issue.

The Deputy put the roadblock down.

There is a guillotine.

The only worthwhile reforms that have come in are ones which I have brought in myself. Nobody else is interested. That is not changing.

Hold on a second.

Perhaps the Deputy brought in some reforms also.

The Taoiseach should not ask the Deputy beside him about that.

The ten Bills will be published by the end of January. The third issue mentioned by Deputy Kenny is being actively examined. People who are allowed into the country and given the courtesies of the State must comply with certain issues. Whether it will require legislation or regulation, the issue is being actively pursued.

Did the Taoiseach listen to the Minister of State at the Department of Transport, Deputy Callely, on local radio this morning? He came on the site of the latest gangland killing and explained how shocked and horrified he was, advising all his neighbours to lock up, stating that it was not safe on the streets anymore.

I did not say that.

Is this the general view of the Government? Is the legislation which was promised to put protection of witnesses on a statutory basis forthcoming? When will the legislation be brought before the House?

The legislation is not listed.

This is legislation to deal with the witness protection system. The Minister for Justice, Equality and Law Reform, Deputy McDowell, on one of his many appearances pledged he would put such a system on a statutory basis.

As of now the legislation is not listed. Perhaps a question to the Minister would be appropriate.

Is the Taoiseach willing to accede to the request made earlier for a debate on Aer Lingus, given that the related Oireachtas committee has been stood down? We should take an overview of the current position of Aer Lingus and the company's development.

With regard to promised legislation, does the Taoiseach still wish to pursue the Tribunals of Inquiry Bill, given that he has acted unilaterally and essentially made a deal with the legal professions? Perhaps the Bill is not required as arrangements have already been made. Given there may be an opportunity, will the Taoiseach examine again the Criminal Justice (Terrorist Offences) Act 2005, which is approximately nine months old? From the Information Commissioner's perspective, it contains disproportionate measures to what would be needed, given the perceived threat against Ireland. Has any time been set aside to review the legislation, and does the Tribunals of Inquiry Bill need to proceed? It has been with us for three sessions.

The second piece of legislation referred to by the Deputy has been enacted as the Criminal Justice (Terrorist Offences) Act 2005.

It is nine months old. I am asking for a review.

The Tribunals of Inquiry Bill is due to be enacted this session. The questions to the Department of Transport will be next week and there will be an opportunity to discuss the Aer Lingus issue.

There are references to implementing commitments in the programme for Government and updating legislation in line with proposals for delivering better Government. As the latter is unlikely, what is the status of the Minerals Development Bill? I also inquire about the legislation to restructure Bord Gáis Éireann with particular reference to the submission made to the Joint Committee on Communications, Marine and Natural Resources yesterday by people from Mayo and the general north-west area on the need to benefit from the infrastructure in their area.

As the electricity charges paid by the industrial sector in this country are the highest in Europe and are causing serious cost problems, when is the proposed electricity Bill, which may give an indication of the Government's sincerity, likely to be introduced? Oil prices internationally are on a downward spiral, so when will the national oil reserves agency Bill be introduced? We could have a debate on various contributing factors and how best to use the resources to our advantage.

The Minerals Development Bill is to be published in 2006. The Bord Gáis Éireann Bill, which has 50 heads to restructure Bord Gáis Éireann, is being worked on currently. I hope to publish the Bill in 2006. The 172 heads of the electricity Bill, which has heads to convert the ESB into a plc under the Companies Act and consolidate existing electricity, have been approved by Government. A number of the heads approved are being revised for technical and administrative reasons. The Bill is due in the middle of next year. The heads of the national oil reserves agency Bill have been approved and the Bill is due early in the new year.

Will the Bill be brought forward as the relevant Minister has extra scientific staff in his Department? There may be a possibility to speed the process up.

Due to the spiralling nature of violent gangland crime and the fact the Garda appears to know everything about the gangs and their feuds but is unable to collect hard evidence, prosecute and convict——

Does the Deputy have a question on legislation?

My question is in the context of the Criminal Justice Bill 2004, which has been in gestation since 2002, the year this Government came to power, and which was published 18 months ago. The Minister for Justice, Equality and Law Reform promised an amendment, one of many which will no doubt lead to a doubling in the size of the Bill. The amendment, which would criminalise membership of a gang, has not yet arrived. When will this amendment be tabled, as the Minister does not appear to have any other views on dealing with the matter?

The Criminal Justice Bill 2004 is due in this session. I do not know if the amendment is contained in it.

The report of the national task force on obesity was launched a month ago. At the launch, the Taoiseach took personal responsibility to implement various recommendations. Will the Taoiseach update the House on the current state of the recommendations? Is it possible to have a debate on this important report?

The Deputy should address the first question directly to the relevant Minister. The Taoiseach may answer the second question.

I do not know if a debate is promised. It would not be a bad report for the House to debate. The recommendations have gone to several Ministries, although they are mainly procedural issues rather than legislative. We could do worse than debate it.

The Taoiseach has taken personal responsibility for the implementation.

It must be implemented across numerous Departments. It has already been implemented in Departments such as Health and Children and Education and Science. With regard to a debate to follow up on it, if the House had time this would not be a bad report to debate.

When will the health and nursing home amendment Bill be brought before the House to clarify and standardise the application of the nursing home subvention scheme?

It is hoped to have the Bill published by Christmas and taken in the spring session.

With regard to impending legislation, a report on the future of rural Ireland was published by NUI Maynooth today. The national spatial strategy and national development plan show bias towards the east coast and the south, which this report confirms.

To what legislation is the Deputy referring?

Is there legislation to ensure that we in the west can have a future? These reports are not being implemented. Will the Government include something in the Estimates to make up for the shortfall in funding for the west as identified in the Indecon report, the mid-term review of the national development plan?

On the same issue, it is important that the House would have an opportunity to debate the issue of Government funding.

The Chair has ruled many times that it is only appropriate to raise debates in the House that are promised.

A report shows that the mid-east region has been under funded compared to other areas.

Deputy Timmins should resume his seat.

Funding allocated per capita has decreased from 81% to 70% of the national average since 1996. It is important that we have a debate on the issue so that we can establish exactly what the situation is.

Since the establishment of the State, the Chair has ruled——

We in the mid-east are being hit in terms of population but are getting very little funding.

——that a Deputy can only ask about promised debates.

The Taoiseach might promise one now.

The Government promises virtually everything.

If each Deputy were to ask for a debate he or she would like, all Deputies on each side of the House would be up every morning asking.

Would that not be dreadful?

Perhaps we should call for a——

We would not get any business done.

Transport 21 and the national development plan will continue to be rolled out.

A total under funding of €200 million in public transport in the Border, midlands and west region.

The Taoiseach should keep his eye out for a report.

Regarding the traffic jam in the city——

We built a separate highway for Deputy Timmins to get home. It is an excellent roadway.

Deputy Durkan will probably claim credit for it.

Allow Deputy Crawford, who has been waiting patiently, to speak.

On a point of order, standard procedure for the Taoiseach's predecessors in such matters was to say it was a matter for the Whips, who would then discuss it and through which we might have got a promise from the Government. We would then be promised——

When I made that comment one morning, the Deputy objected.

That was when the Ceann Comhairle was kicking the matter to touch.

It shows that I listen to the Deputy. Deputy Crawford without interruption.

I wish to raise three issues that are relevant to the Order of Business. When will the judicial council Bill come before the House? In light of the ongoing problems experienced by people here affected by immigration laws, when will the immigration and residency Bill be discussed so that there can be changes to make these people's lives reasonable? In light of the headlines in today's The Irish Times relating to how we will only have 10,000 full-time farmers in a number of years, would the Taoiseach accept that there is now a need to update the land and conveyancing Bill, as much land will have to be sorted out?

On the judicial council Bill to provide effective remedies for complaints about judicial misbehaviour, including lay participation in investigations into complaints, draft heads are being prepared in the Department to take into account work done by the constitutional review group, the Oireachtas Joint Committee on the Constitution and the Chief Justice's committee on judicial ethics. On the land and conveyancing Bill, the heads of the Bill are expected late in 2005 to give effect to recommendations of the Law Reform Commission. On the immigration and residency Bill, there are 70 heads and work is ongoing. The Bill is due next year but it is a large Bill.

Can proposals be made?

Given that both Mr. Barry McSweeney and the Minister for Enterprise, Trade and Employment, Deputy Martin, have dropped Mr. McSweeney's title of "Dr." and that there are a number of bogus universities other than Pacific Western University that advertise on the Internet, are there any plans to amend the legislation that established the National Qualifications Authority in order to have a watchdog to ensure that these types of bogus universities cannot pretend they are genuine?

No legislation is listed.

Would the Taoiseach agree it is necessary?

The Deputy should pursue it with the Minister in question form.

Since people are having difficulties trying to get planning permission from local authorities, particularly for energy efficient housing that we all believe is badly needed, are any guidelines, regulations or legislation promised to get local authorities to change the guidelines they send out and that were published by the Minister for the Environment, Heritage and Local Government, Deputy Roche, in 2004?

No legislation is promised.

Are any guidelines forthcoming?

I suggest that the Deputy submits a question to the Minister for the Environment, Heritage and Local Government.

The Taoiseach decides when it is due. He wants to reply.

The Taoiseach is going to reply.

The Taoiseach cannot be out of order any more than the Deputy.

He has the answer but he will not give it.

In the context of the publication of the Estimates tomorrow, will the normal courtesy of making a copy of them available to Opposition spokespersons on finance approximately an hour before the publication and Government press conference prevail? Will the Taoiseach speak with the Minister for Finance, who seems unclear as to whether he is willing to give the Opposition a copy of the Estimates? Will the Taoiseach agree to a debate on the Estimates as soon as possible after their publication?

I will raise the issue of circulation with the Minister for Finance and the Opposition's finance spokespersons. It is a matter for the——

I am told by officials——

The Deputy should allow the Taoiseach to respond.

It is important to us that the Opposition has sight of the Estimates so that we can examine them.

The Taoiseach answered the Deputy's first question and was about to answer her second when she interrupted. I ask the Deputy to resume her seat and allow the Taoiseach to answer her second question.

I apologise.

I will raise the first matter. On the second issue of the House wishing a debate, it usually does.

I wish to make another point.

The Deputy cannot make a point at this stage. The Taoiseach answered her questions.

The officials in the Department of Finance believe this is a personal matter for the Minister. He has not made up his mind yet.

If Deputy Broughan's colleague does not allow him to speak, we will move to the next business and he will be first tomorrow.

I will raise the matter with the Minister.

We have heard many strong comments from the Taoiseach concerning Irish Ferries workers. Did he get a chance to read the Labour Party mercantile marine avoidance of flags of convenience Bill?

This does not arise on the Order of Business.

It is promised legislation.

Does the Taoiseach believe the Government could take it over and have it passed quickly? Regarding the single market for electricity, which will take effect just after his Government has left office in the middle of 2007——

Hear, hear.

——will it require legislation? Relating to the Taoiseach's reply yesterday when he told me that he did not know anything about the inland fisheries report, his very efficient Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Gallagher, announced it on the 9 o'clock news.

It does not arise on the Order of Business.

It does.

It is extraordinary how the Taoiseach did not seem to be aware of this report, a major reformation of inland fisheries structures, when Deputy Gallagher suddenly announced it. What is happening?

It is published now.

That was a major piece of information.

There is an electricity Bill. I am not sure if it is exactly the same one but there is one listed.

Top
Share