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Dáil Éireann debate -
Tuesday, 20 Nov 2007

Order of Business.

It is proposed to take No. 3, Tribunals of Inquiry Bill 2005 — Order for Second Stage and Second Stage; Private Members' business shall be No. 16, motion re national educational psychological service.

There are no proposals to be put to the House today. I call Deputy Kenny on the Order of Business.

I wish to ask the Taoiseach a question in respect of the Tribunals of Inquiry Bill. This Bill was put into suspension before, for good reasons, when the previous Minister for Justice, Equality and Law Reform was in charge. There were implications that it might send a wrong signal to a tribunal sitting on particular matters. Obviously, the Taoiseach will have to do his business before the tribunal again. Does he not think that it would be beneficial to leave this Bill aside for a couple of months in order not to send that kind of signal to the tribunal? Is this not a symptom of a complete lack of legislative proposals from the Government? Six months after the general election there is no legislative programme and we have statements this week which, in many respects, is not why we are here. Has the Taoiseach not considered the implications of taking the Tribunals of Inquiry Bill now, in view of the fact that, in his capacity, he will have to appear before the tribunal and answer questions again in a few weeks' time? This could be better left for a period until that matter is out of the way one way or another.

Did the Cabinet finalise its view today on the question of this country supplying troops to Chad on peace enforcement and peacekeeping duties? Was the Cabinet satisfied by the Minister for Defence's briefing that sufficient logistical and air transport capacity is being supplied by other European countries so that the mission can be undertaken with the necessary degree of safety and protection for our troops? When will that matter come before the House for discussion with a view to fulfilling the requirements before this country supplies troops to any other country such as Chad?

On the first matter raised by the Deputy, there are nine Bills in committees and we are committed to publishing 17 Bills this session. Admittedly, at the moment a number of those Bills are caught up in committee so it will take a week or so before there is further legislation. A number of Bills are coming through, however. There is no intention that the Tribunals of Inquiry Bill applies to the current tribunals. They have all recently indicated their completion timescales to the Government. The Tribunals of Inquiry Bill, which is based on what the Law Reform Commission stated and outlined, will be for future tribunals. It is not likely that the Bill will be completed until next summer anyway so it will not affect the other issues.

The force commander, Lieutenant-General Nash, is not yet satisfied because at least two, or maybe more, logistical issues have to be resolved. The Government is obviously giving its approval but subject to when the force commander is satisfied. It is a great honour that he is an Irish man, but that is neither here nor there in this instance. It is his call and at the moment there are a few remaining logistical issues. It is a difficult mission because Chad is an enormous country, bigger than the United Kingdom, Spain, France and Germany put together.

The Minister for Foreign Affairs was there last week and I am sure he will be talking to the House about it when dealing with parliamentary questions. We must consider the plight of tens of thousands of people who are stuck in appalling circumstances and are literally begging for assistance from the international community. However, we cannot make that decision until the force commander is satisfied. Hopefully that can happen soon for everyone concerned because people are dying every day in tragic circumstances in 45 degrees of heat. We are anxious to play a role but we can only do so when the force commander is happy.

Like Deputy Kenny, I am also curious as to the timing of the presentation of the Tribunals of Inquiry Bill on Second Stage at this time. I raised this matter when the Bill reappeared on the Order Paper some weeks ago and inquired of the Taoiseach if the Bill was the same one introduced in 2005. I distinctly recall the vigorous opposition to that Bill at the time from members of the Green Party.

At the time, I asked the Taoiseach if this was the same Bill or if there would be an amended version. Is it intended that the Bill presented today for Second Stage will be substantially amended by the Government before completing its passage in the House?

The second matter I want to raise also concerns the Green Party, although I am sorry to say so because it is probably more than their status as the side salad in the Government justifies.

This morning, the Minister, Deputy Gormley, said he intended to donate his €25,000 pay increase to his party. However, as my colleague, Deputy Tuffy, pointed out, the Minister cannot do so under the Electoral Acts. This is because there is a limit of approximately €6,500 on the amount an individual can donate to a political party.

He could put it in the incinerator.

At the rate the Government is paying itself, that will drive up the tonnage.

They are incinerating their own party policy.

It is not in order now, as the Deputy well knows.

At least the Deputy did not burn the files in the back garden.

An electoral Bill is promised. Is it intended to introduce it in time to amend the limits so that the Minister for the Environment, Heritage and Local Government can do as he wishes?

The electoral Bill is due before the House next year.

So he will have to keep the money for this year then.

The Tribunals of Inquiry Bill 2005 is based on the work of the Law Reform Commission and that has not changed.

The LRC report said nothing about timing.

With regard to the rules of the Standards in Public Office Commission, SIPO, the Green Party has discussed the matter and its members are quite entitled to follow their long-standing practice to help fund the party through donating a portion of their salaries on an annual basis. Under SIPO's rules, they can do that.

I was disappointed the Ceann Comhairle did not allow my Standing Order 32 request in respect of the very serious mounting crisis in the use of heroin and cocaine in every corner of the country, including on the benches close to the Taoiseach.

The Deputy is aware that is not in order.

It is not in order to take cocaine.

Is the Deputy falling into that trap?

In view of the report on drugs use in a national newspaper today, will time be set aside to discuss new initiatives on the part of Government, given that the tired old initiatives of the past number of years are clearly failing? We have had no new initiatives. Will this matter be taken by the appropriate Minister?

It is not in order.

On a point of order, it is in order for a front bench Deputy to ask for time to be set aside for a debate on an issue and he is entitled to an answer.

Not now. It is a matter for the Whips, as the Labour Party Whip well knows.

Has the Taoiseach addressed the deficiencies identified in the Tribunals of Inquiry Bill 2005 when it was first presented? Was he mindful of the concerns expressed by all opinion in the House regarding the comparable legislation adopted in Westminster, an instrument that has denied the Finucane family its rightful entitlement to a full public, independent inquiry?

The Deputy cannot discuss the content of the legislation now.

This relates to the tribunals of inquiry legislation.

It cannot be done.

Will the Taoiseach give whatever assurances are necessary regarding same? This Bill should not be back before us, as initially presented.

Last week the Taoiseach stated the electoral boundaries would be amended in advance of the 2009 local elections. The programme for Government contains a commitment to establish an independent electoral commission, which will become a standing constituency commission, with a raft of different functions and responsibilities. Will legislation be presented to establish the commission? Will it be in place, with responsibility for addressing the constituency boundaries, in advance of the local elections?

The programme for Government clearly states a Green Paper on local government reform will be published within six months of the Government taking up office. Given that that date is fast approaching, will the Green Paper be presented to the House before Christmas?

The Deputy should table a parliamentary question to the line Minister regarding the Green Paper. The electoral Bill will be taken next year. The entire reform of the local government system in line with the programme for Government would only delay the revision of constituencies. Last week Members stated this should not be delayed unduly. I have stated it could take a number of months, possibly five or six, before the review is carried out and completed. There will be a review of the local electoral boundaries and an electoral Bill will be published next year. However, a Bill addressing all the powers and functions in line with the programme for Government would not be passed in time. Hopefully, the constituency review will be ready by May next year.

In an attempt to be in order regarding the issue raised by Deputy Flanagan, theIrish Examiner published a hard hitting special investigation on drug use in Ireland today. When the national drugs strategy was launched in the Taoiseach’s Department, it was accompanied by a promise by the Government that a review of the strategy would take place on an annual basis, which would be debated in the Dáil. When will this year’s debate take place, given that it is needed? In the context of a number of credible and not so credible reports on drug use in Ireland recently, when will that happen? Has the Taoiseach a comment on RTE’s accusations that it knows the identity of a Minister in his Government who uses cocaine on a regular basis?

We have no room for voyeurism. Is a debate promised on this issue?

I am in order in the context of the national drugs strategy

There has been much brouhaha about a series of programmes on the issues of drug abuse and drugs misuse and I would not give much credence to it nor would I give much credence to the book on which they were based. However, today's Irish Examiner contains an insightful, comprehensive and thoughtful analysis of the drugs problem in Ireland. Having regard to the legislative schedule, which is virtually non-existent, if the Whips sought a debate on Irish soccer, they would be likely to get it next week. Will the Taoiseach make provision for a debate on the extent and scale of the drugs problem? Has he any remarks to make on a very comprehensive investigation by the Irish Examiner?

Is a debate promised on this? If not, it must be raised by way of parliamentary question.

If the Whips would like to discuss this, I have no problem with that. I am sure they can get some time.

I welcome the interconnector between this State and Northern Ireland and what it could do for the country. Could the Taoiseach provide time to discuss this? A total of 3,000 people attended a meeting in Trim, County Meath, last night, the home town of the Minister for Transport, Deputy Noel Dempsey, at which politicians were not allowed to speak because the people believe this House is irrelevant. It is important we debate this issue so that we know exactly what is the Government's strategy and whether we can support it or forget about it.

Is a debate promised on this?

No, perhaps the Deputy should table a question to the line Minister.

Last July, Sir, the Government agreed to establish an internal HSE inquiry, the McElwee inquiry, into the actions of an academic who was convicted of attempted indecent assault in Amsterdam in 2002. We were promised at the time that a report on the inquiry would be published in full as soon as possible. Why has the inquiry not concluded? The reason I ask is there was an expectation that all parties would fully co-operate with the inquiry when it was established on a completely voluntary basis. The House has a right to know if people are not co-operating because a more formal statutory inquiry might then be expected.

The Deputy must table a parliamentary question on this.

With respect, Sir, this is an important issue. The House was given an absolute commitment and guarantee that all these matters would be put in the public domain. Five months later, we have not seen the report and all I am asking for is a guarantee from the Taoiseach that everyone is co-operating with the internal inquiry.

The Deputy is quite entitled to that at a different time in a different way but it is not in order now.

So there are no proposals for an inquiry.

The question is not in order now.

On last Thursday's Order of Business I inquired of the Tánaiste whether any of the heads of the Bills listed under section C of the Government's legislative programme had been discussed in Cabinet, but he did not seem to be aware as to whether they had been. He suggested I might raise the question again. Have the heads of any of those Bills, 41 in all, been discussed in Cabinet in order for them to be prepared for next year when they are all due for passage through the House?

Some of them have been.

Does the Taoiseach know how many of them have been?

I call Deputy Jan O'Sullivan.

It is less than five weeks to Christmas. The Taoiseach has said that he will introduce the substantial legislation dealing with nursing homes and the care of the elderly, which would result in major changes about which there is a great deal of concern, but there is not enough time to debate that legislation and for its provisions to be implemented by 1 January 2008, as the Taoiseach proposes to do. When will that legislation be published? Will the Taoiseach defer implementation of it to ensure that adequate time is given to discuss the concerns of the representatives of our senior citizens in particular?

I understand the legislation is nearly ready. I will have to discuss the matter with the Minister for Health and Children but I will raise the Deputy's concerns.

Is the Taoiseach aware that a legal challenge has been lodged in the High Court this week regarding the legislation that went through this House banning drift net fishing and is he surprised by that? If he is, I advise him that the fishermen I met in Dingle are not surprised by it because there are more fisheries officers in Dingle than there are fishermen.

Regarding the PPARS debacle, of which we all have heard in recent years, an internal IT report was to be completed but it has not been published yet. Will the Taoiseach tell the House when it will be published or will it be another case of let it be forgotten and another €220 million goes missing out of the public purse?

That matter is not in order.

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