Dáil Éireann debate -
Wednesday, 15 Feb 2006

Vol. 614 No. 5

Order of Business.

The Taoiseach

It is proposed to take No. 8, motion re proposed approval by Dáil Éireann of the Official Languages Act 2003 (Public Bodies) Regulations 2006; No. 12, the Irish Medicines Board (Miscellaneous Provisions) Bill 2005 [Seanad] — Order for Report and Report and Final Stages; and No. 13, the Diplomatic Relations and Immunities (Amendment) Bill 2005 — Order for Report and Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 8 shall, if not previously concluded, be brought to a conclusion after two hours. The opening speech 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 speech of each other Member called upon shall not exceed ten minutes in each case and Members may share time. A Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes. Private Members' business shall be No. 42, motion re rent supplement, resumed, to conclude at 8.30 p.m.

An Ceann Comhairle

Is the proposal for dealing with No. 8, motion re the Official Languages Act 2003, agreed? Agreed.

Mr. Kenny

I wish to raise a number of small matters with the Taoiseach. With regard to the Defamation Bill, the Minister for Justice, Equality and Law Reform referred on a number of occasions to his intention to introduce a press council. When are we likely to see that, which would give effect to the Law Reform Commission's recommendations, newspaper industry reports and so forth? It is a matter of considerable concern.

I ask the Government Whip to arrange a discussion in this House at an appropriate time on the McIver report, which deals with further education. This is an area that has been passed over by Government and is of importance to thousands of young and mature students. It does not get the recognition it deserves.

Could the Taoiseach indicate when the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, will publish his report on safety measures or other recommendations for the Corrib gas field? He has had the report for a number of weeks.

The Taoiseach

The heads of the defamation Bill have been cleared by Government and the Bill has largely been drafted. Although I have not had an update for a few weeks, it is listed for this session. I will raise with the Government Whip the issue about making time for the McIver report. Deputy Noel Dempsey told me his report on the Corrib gas field will be published in late February or early March but I will check that.

Mr. Rabbitte

May I ask the Taoiseach about the services directive? This party and our sister parties across Europe are campaigning for fundamental alteration especially of the country of origin principle, something apparently supported by the Irish Government up to now. If the proposed amendments go through the European Parliament today will the Irish Government support the dilution of the country of origin principle so that we get a services directive that is genuinely about dispersing services and the facility to provide services across borders but on conditions that apply in the host country and do not erect false competition or displace workers in this jurisdiction whatever their nationality?

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Rabbitte

I am asking about the Government position.

An Ceann Comhairle

It still does not arise on the Order of Business.

The Taoiseach

I support an amended directive that deals with the country of origin issue and hopefully what seems to have the support of all or the majority of groups is something we can work with. We could not work with the original version.

Mr. Gormley

Deputy Sargent is not here today. I will take his place if I may.

An Ceann Comhairle

The Deputy may not.

Mr. Boyle

It has never happened this way before. That is not precedent.

Mr. Gormley

That is okay. I am easy with it.

Caoimhghín Ó Caoláin

I apologise to Deputy Gormley and make no bid to change precedent. As the death toll on our roads continues to mount, serious legal doubt arises on the validity of some new speed limits arising from a case at Bray District Court. As there is a need to properly process these new speed limits through local authorities, has the Government instructed the Minister for Transport, Deputy Cullen, to contact the local authorities to regularise the position?

An Ceann Comhairle

That does not arise on the Order of Business.

Caoimhghín Ó Caoláin

My point is coming.

An Ceann Comhairle

What legislation is the Deputy talking about?

Caoimhghín Ó Caoláin

It is related to the legislation governing speed limits across the country. With the mounting carnage there is an anomaly to be addressed arising from a recent Bray District Court decision and I ask if the Taoiseach will afford time today to address this serious problem that has implications for all road users. In the context of the carnage in recent months what steps is the Government and specifically the Minister for Transport taking to address it?

The Taoiseach

The legislation and its framework are clear. The Minister for Transport has contacted the local authorities. Difficulty arises where a local authority has not implemented the appropriate regulations. It is a considerable time since they were instructed to do so. The Minister's Department will continue to try to get the local authorities to implement regulations. It is a problem at local authority level.

Mr. Gormley

I would like to ask about two pieces of legislation. I would like the Taoiseach to tell me when the critical infrastructure Bill will be published and whether it will include incinerators, particularly the incinerator in Ringsend. Does the Taoiseach intend to amend the Ministers and Secretaries Act to include a new position of junior Minister to satisfy the disappointed ones? We feel their pain acutely. As he has done it so many times before it might be appropriate.

The Taoiseach

The critical infrastructure Bill will be published in the next four or five days. The contents are a matter for the Minister.

Mr. Durkan

In the promised programme on legislation the Government made a commitment in the programme for Government to consolidate the Minerals Development Acts and to upgrade legislation in line with reformed proposals for Delivering Better Government. Since there have been no visible signs of delivering better Government would it be possible to tax the Government with the possibility of publishing the heads or circulating the minerals development Bill?

The Taoiseach

This is to implement the commitment to consolidate the Minerals Development Acts and to update the legislation in line with the reform proposals of Delivering Better Government and the legislation is being prepared. The heads are not yet ready but legislation is due this year.

Mr. Durkan

Will that be before or after the election?

The Taoiseach

It is due this year.

Mr. Costello

May I ask the Taoiseach about the Criminal Justice Bill 2004? We are approaching the second anniversary of its publication, and it has grown from a relatively modest proposal to a gargantuan tome with various amendments. There are important issues in it in relation to the Ferns Report.

An Ceann Comhairle

Does the Deputy have a question on legislation?

Mr. Costello

Can we expect further amendments from the Minister for Justice, Equality and Law Reform, Deputy McDowell? It is his main vehicle for reforming the criminal justice system. When will it progress to Committee Stage? It has been in this House for nearly two years.

An Ceann Comhairle

That is a matter for the House.

Mr. Costello

Perhaps the Taoiseach will give some indication of what will happen.

The Taoiseach

I wish we would get on with it.

Mr. Perry

Could the Taoiseach give clarification on the Sea-Fisheries and Maritime Jurisdiction Bill which he sees as an essential tool in combatting over-fishing and complying with EU requirements? Given the Taoiseach's direct and strenuous intervention with the then President of the EU on the Atlantic Dawn——

An Ceann Comhairle

As that Bill is on Committee Stage we cannot discuss it in this House.

Mr. Perry

This is just a clarification. The Taoiseach's intervention on the licensing of the Atlantic Dawn in Europe allowed €40 million as benefit to the pelagic fleet. It is a contravention of what is happening now. A sum of €40 million was given to one vessel owner.

An Ceann Comhairle

To what Bill does the Deputy refer?

Mr. Perry

To the Sea-Fisheries and Maritime Jurisdiction Bill.

An Ceann Comhairle

That Bill is before the committee.

Mr. Perry

This is critical. The Taoiseach personally intervened in Europe to license that boat.

An Ceann Comhairle

The Taoiseach, like the Deputy, is not entitled to discuss the matter in this House when it is before a committee. That is a long-standing rule. We cannot come into this House and discuss Bills that are before a committee.

Mr. Sherlock

The Taoiseach is aware that the High Court upheld the constitutionality of law permitting the purchase of ground rents from landlords. Will he restore the Ground Rents Bill to the legislative programme and if so, when?

The Taoiseach

Due to a Supreme Court decision that Bill has not made much progress.

Mr. Sherlock

Does the Taoiseach intend to restore the Ground Rents Bill to the legislative programme? That is the reason this was withdrawn.

The Taoiseach

If they can find a resolution to their legal problems, but until then there is not much point.

Ms Lynch

The court case is over.

Mr. Sherlock

Is the Taoiseach aware that the court case is over?

The Taoiseach

Yes but the great legal minds have not found a way forward.

Mr. Boyle

With the building societies amendment Bill, which would allow one of the two remaining mutual building societies to become a limited company, on the priority list of legislation, is the Government planning parallel legislation to amend the Credit Union Act given that credit unions will be the only remaining form of community banking left in our financial services sector?

The Taoiseach

The first Bill is due this session. Credit union legislation is not due but discussions are ongoing between the Department, the regulator and the committee about a number of issues related to credit unions.

Mr. Allen

The Government proposes to amend the European Communities Act 1972 to enable the accession of Bulgaria and Romania to the European Union. Does this imply the Taoiseach has accepted in principle that both countries have fulfilled all their obligations?

The Taoiseach

The process is continuing. As the Deputy will be aware, the European Council, at a meeting at Christmas, gave final clearance for discussion on the matter. A date has not yet been set down but there is no doubt Romania and Bulgaria will join the European Union.

Mr. Allen

The Taoiseach is satisfied both countries meet the criteria for accession.

The Taoiseach

While the discussions are ongoing, the process has reached a point of no return. Bulgaria and Romania will definitely join the European Union but the exact date for having completed everything is still a matter for discussion. There is no doubt, however, that both countries will join the EU.

Mr. Broughan

As the Taoiseach is aware, the National Salmon Commission has reported that drift netting of wild salmon should cease this season. Will the Government introduce legislation to establish a voluntary or other buy-out scheme for drift netting of wild salmon?

Did the Taoiseach watch the "Prime Time Investigates" programme last night?

An Ceann Comhairle

The matter does not arise on the Order of Business. As it was dealt with by the Deputy's party leader during Leaders' Questions, it is not necessary to deal with it again.

Mr. Broughan

The programme was based on a report the Taoiseach and I both received 20 months ago.

An Ceann Comhairle

The matter does not arise on the Order of Business. I ask the Deputy to be orderly.

Mr. Broughan

I asked the Taoiseach an oral question on the issue four weeks ago which he did not answer.

An Ceann Comhairle

I ask the Deputy to resume his seat.

Mr. Broughan

The Taoiseach wants to reply.

The Taoiseach

I answered the Deputy's question an hour and a half ago.

Mr. Broughan

I was downstairs in committee with the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, labouring on the Sea-Fisheries and Maritime Jurisdiction Bill 2005.

The Taoiseach

I appreciate that and I am aware the Deputy was also in committee until late last night and will sit in committee tomorrow night. We have not yet seen the report on drift netting. I understand the committee met yesterday and will give the report to the Government today.

Mr. Neville

Will the Taoiseach indicate whether the building societies amendment Bill, which amends the Building Societies Act 1989, will come before the House before Easter?

The Taoiseach

It will be taken this session.

Mr. Neville

Will it be taken before Easter?

The Taoiseach

I am not sure.

Mr. M. Higgins

Ba mhaith liom ceist a chur i dtaca le dhá Bhille. An bhfuil sé intuigthe ag an bpointe seo nach mbeidh aon Bhille againn um Údaras na Gaeltachta chun a fheidhmeanna a leathnú? An bhfuil sé intuigthe chomh maith nach mbeidh aon reachtaíocht ag cur neamhspleáchas TG4 i gcrích i gcaitheamh thréimhse an Rialtais seo? An féidir leis an Taoiseach ráiteas a dhéanamh air sin?

The Taoiseach

The Údaras na Gaeltachta amendment Bill is due this year. The public consultation phase has been completed and consultation with a number of relevant Departments is in hand. The heads of the Bill are expected in the next few months.

Mr. M. Higgins

I also asked, in respect of the autonomy of TG4, whether legislation promised to establish the company on an independent basis will be introduced.

The Taoiseach

My colleagues inform me this matter is already provided for in the legislation and further legislation will not be required.

Mr. Connolly

In view of the recent report,A Vision for Change, which proposes the sale of 15 psychiatric hospitals and given the difficulty encountered in acquiring greenfield sites under the decentralisation programme, should we not examine other potential uses for these hospitals? For example, St. Ita's in Portrane, could be suitable for housing the Central Mental Hospital currently located in Dundrum.

An Ceann Comhairle

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

Mr. Connolly

This is an important issue on which I wish to question the Taoiseach.

An Ceann Comhairle

The Tánaiste and Minister for Health and Children is the line Minister responsible for the matter.

Mr. Connolly

One would expect the Minister for Justice, Equality and Law Reform to be involved in this area too, given it also relates to the Central Mental Hospital.

An Ceann Comhairle

I suggest the Deputy submit a question on the issue as it is not appropriate to the Order of Business.

Mr. Naughten

When will Committee Stage of the Parental Leave (Amendment) Bill 2004 be taken?

An Ceann Comhairle

That is a matter for the relevant committee.

Mr. Naughten

On secondary legislation, the Tribunals of Inquiry (Evidence) (Amendment) Act 2004 was passed by the Houses last year. Has all secondary legislation, which would enable the Department of Justice, Equality and Law Reform, if it so wished, to immediately investigate the Stardust tragedy, been enacted?

When will the carbon fund Bill be debated in the House? This legislation is critical in light of the closure of the sugar industry in Mallow. We have an opportunity to use the fund to support the development of an alternative use for sugar beet. Will the Taoiseach facilitate an early debate on the legislation?

The Taoiseach

The carbon fund Bill will be taken later this year. The Parental Leave (Amendment) Bill 2004, which has been published for a considerable period, is awaiting Committee Stage. I will have to check the position regarding secondary legislation.