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Seanad Éireann debate -
Wednesday, 16 Dec 1987

Vol. 118 No. 1

Death of Former Members. - Order of Business.

It is proposed to take Items Nos. 1, 2, 3, 4, 5, 6, 7 and 15. It is intended to take all stages of Item No. 2 today.

I am not opposing the Order of Business or anything like that but I am complaining about the way in which business is presented. This is what happens at this time every year. Suddenly we are asked to take a whole series of business through all stages in the last two or three days of the session. Most of the Bills coming before us this week could well have appeared before us over the past number of weeks. We are being asked to rush through them. This is not the way in which we should order business. My criticism is not of the Leader of the House or of his Whip. It is of this Government and the former Government and all Governments who dump in legislation on the last couple of days of every session. It is not good enough.

May I ask the Leader of the House at what stage are a number of important Bills which now seem to be in limbo: the Adoption (No. 2) Bill, the Companies (No. 2) Bill and the Insurance Bill? The Companies (No. 2) Bill started off here last April or May and it now seems to have disappeared. If I could have information on those I would be grateful.

I am disappointed to see that the Leader of the House has once again failed to order Item No. 14: the Extradition (European Convention on the Suppression of Terrorism) (Amendment) (No. 2) Bill, 1987. The Leader of the House in discussions with me gave me an undertaking that the matter would be ordered. It seems to have in some sense been overtaken by events. I would point out to the Leader of the House that the Bill seeks to amend the 1987 Act whereas what we discussed recently was amending a former Act. It seems to me that, first of all, there has been a breach of faith on the part of the Leader of the House in that he gave me a firm guarantee that this matter would be ordered and that it would be discussed. I recognise his party have had difficulties in that direction but the internal difficulties of a party must be subservient to the need to legislate and to examine legislation.

You have got so used to making long speeches that you are now making one on the Order of Business. Get back.

I have become so used to being interrupted that I was amazed when I was not interrupted earlier.

(Interruptions.)

Could I ask for the protection of the Chair? It is disgraceful we got guarantees three times in the last month from the Leader of the House that the Companies (No. 2) Bill would be dealt with the following week. We got similar guarantees at various stages about the Adoption (No. 2) Bill and the Insurance Bill. It should be seen as bad management on somebody's part that we are not discussing them.

You have made your point. Would you please resume your seat?

Also on a different matter altogether I would like to inquire why it is that we sat for one day two weeks ago when all this business was in front of us. There has been a change and we are not faced with trying to rush through matter which we had plenty of time to debate at an earlier stage.

If the Order of Business is agreed today could the Leader of the House indicate when the Second Stage of Item No. 15 will be taken?

Item No. 15 is a formal proposal to introduce a Bill. The Leader of the House has listed it last on the Order of Business. May I ask, as it is a formality, that it be taken at the commencement of business? If the Leader of the House would agree I would be very grateful.

I would like to support what my colleague Senator Joe O'Toole has said about Item No. 14, the Extradition (European Convention on the Suppression of Terrorism) (Amendment) Bill. I was the seconder of that Bill, I totally concur with what he says. I would also like to have a ruling on an important matter which I have attempted to have a ruling on before, that is, that when this matter was urged by me previously the House was told that it could not be discussed because it was being discussed simultaneously in Dáil Éireann. A very important point arises and requires to be clarified on the record of the House and, that is, that there is no prohibition on this House discussing matters that are being discussed in the Lower House. I would like a ruling placed on the record. Otherwise the record of the House shows something that I believe is inaccurate. I would like also to ask if I could have from the Leader of the House some information as to when Item No. 46 will be taken. That is the motion on the Soviet Refusniks because in a similar way to the way in which Senator O'Toole feels he was misled about the timescale within which the Extradition (Amendment) Bill would be produced, I was given a number of undertakings by Senator Lanigan with regard to this motion. Over four weeks ago I was told it would be taken within the next three weeks. I would like to have some indication so that I can prepare a proper brief.

May I ask for information on one final point, that is, with regard to the Government's programme of legislation? My attention has been drawn to the fact that we are in breach of our obligations in a technical matter by virtue of the fact that the Government have not introduced legislation on the regulation of semi-conductor topographies. We were obliged, by agreement with the United States of America, as part of our obligations to the European Community to protect this technical data in this country, to enter legislation before 7 November which has now passed. I am simply outlining that we have an obligation to introduce this so I wish to know when the Government will do it because otherwise Irish industry will suffer.

I have no problem with the Order of Business but on the point raised by Senator Manning, the Leader of the House has indicated the items we are taking but he has not indicated the Stages on which we will take them. In view of all the comments that have been made by the Senators on this side of the House, could the Leader of the House tell us whether it is his intention to sit up to and including Christmas Eve to facilitate us?

That will not happen, never did happen and Senator Ferris knows it will not happen.

I do not want to sit until Christmas Eve but I want to know if those items named up to No. 7 and No. 15 have to be finished this evening or will this business continue tomorrow?

Senator Norris, you will not be allowed to answer me back but for your information what goes on in the other House is of no importance to me here. The Seanad is master of its own business. The Leader of the House to reply and to conclude.

The Order of Business is as I have said. I think it would be useful if we took item No. 15 first, the Control of Clinical Trials Bill can come next and then the Valuation Bill and the Transport Bill. Whether or not we conclude the business ordered depends on the progress of the work in the House today. It is highly unlike that we will be able to finish No. 5 and No. 6. Number 1 will be concluded and No. 2 will be concluded. We will deal with Second Stage of Item No. 3 us far as we can. We will definitely take Item No. 4 because it is an order in draft which should go through without very much time being taken. On the question of semi-conductors raised by Senator Norris, I will express his viewpoint to the Government and we will see what the Government have to say.

As regards the rushing of business through this House at this stage, nothing in particular on the Order of Business is being rushed. The Transport Bill went through the Dáil yesterday, so we could not take it until today. The Valuation Bill is being presented here and the Control of Clinical Trials Bill is back here as a result of a minor amendment that was made to a Bill passed here. The Social Welfare Bill will be taken tomorrow. There is a fisheries Bill which will be concluded before Christmas. There is the Science and Technology Bill which will be concluded before Christmas.

There is the Transport Bill which will be concluded before Christmas and the Appropriations Bill. It is intended that we should take that on Friday when the Dáil has finished its business on it and, by agreement between the Whips it can be dealt with in the usual manner whereby we pass the Bill and discuss it during the next session. On Item No. 46, due to the fact that there is a certain amount of Government business before us which has to be got through before Christmas, all I can say is that we will take Item No. 46 as soon as possible. Item No. 14 is not being ordered. We will not be sitting on Christmas Eve. Items Nos. 8, 9 and 10 are Bills to which there has been a huge input by interested parties, particularly Nos. 8 and 9. There are continuing implications for business, for the insured and the insurers in the Insurance Bill and the Companies (No. 2) Bill has to be very carefully considered. We will be taking them as soon as possible. We will go back to the Government and get them as soon as possible. We will take Item No. 10 as early as possible in the New Year.

Senator Lanigan, could you tell me is there a break? Are we taking Item No. 7 and at what time?

I do not think we should have a break. Let the Whips meet at 4.30 p.m. and then decide, but I do not think we should have a break today. Item No. 7 will be taken at 6.30 p.m.

Is the Order of Business agreed to?

I am not disagreeing with the Order of Business. I know the, Leader of the House clarified it as far as he could up to Item No. 5. If we get that far and do not get any further, will there be a new Order of Business tomorrow?

A new Order of Business.

Order of Business agreed to.
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