It is proposed to take business in the following order: Nos. 2, 3, 4, 6, 16 (resumed), 17 (resumed) and 18 (resumed). By agreement, the proceedings on the Second Stage of the Youth Employment Agency Bill, 1981 (including the order naming the day for Third Stage) if not previously concluded shall be brought to a conclusion at 5 p.m. today by putting from the Chair the questions necessary to bring them to a conclusion. In the case of the Fire Services Bill, 1981 and the Fóir Teoranta Bill, 1981, where the proceedings have not already concluded the question necessary to bring them to a conclusion shall be put from the Chair today at 6 p.m. in the case of the Fire Services Bill and at 7 p.m. in the case of the Fóir Teoranta Bill; and the question to be put from the Chair shall be (as the case may require) "That the Bill is hereby agreed to and is reported to the House and (all amendments set down by the Member in charge of the Bill for Report Stage, including any requiring recommittal, and not disposed of are hereby made to the Bill and Recommittal and Fourth Stages are hereby completed and) the Bill is hereby passed". Private Members' Business will be taken from 7 p.m. to 8.30 p.m., item No. 39.
Order of Business.
When will item No. 4 be taken, the Housing Finance Agency Bill, 1981?
It has not yet been moved.
When is it intended to move it?
Now.
I want to ask the Taoiseach if he is yet in a position to inform the House when we can expect to have the Book of Estimates, what will be the date of the budget and if he can give us any information on the date of resumption of the Dáil after the Christmas recess?
Yes, the Dáil will resume on 26 January 1982, the budget being introduced on 27 January, and the Book of Estimates will be published in mid-January.
Just for confirmation I might repeat what the Taoiseach has said: The Dáil will resume on 26 January 1982, the budget will be taken on 27 January and the Book of Estimates will be published in mid-January. Is that what the Taoiseach said?
That is right, yes.
Does the Taoiseach think it fitting that we should have to wait until apparently a few days before the budget to have the Book of Estimates? How can the Taoiseach reconcile that with the exaggerated statements of the Minister for Finance about his intention to bring the Estimates before this House in the month of September this year so that the House would have a chance to discuss them well before the Christmas recess? Would the Taoiseach explain to us why that undertaking of the Minister for Finance is not being adhered to and confirm that in fact the Book of Estimates will be very seriously delayed on this occasion?
No, the Book of Estimates will be published in the normal way. For some years in fact it has not been published until even later. The statement of the Minister for Finance referred to related to the procedure which it was intended to introduce as from next year — which could not of course be introduced in the present year because we have not had an opportunity to do so, coming into Government only on 30 June. But that procedure — bringing in the Book of Estimates so that the Estimates are properly discussed — will take effect from next year. That has been made clear already. There is nothing new in that and the suggestion to the contrary is unfounded.
The Taoiseach may or may not recall that on the occasion of the introduction of the July budget the Minister for Finance stated specifically that it was his intention this year to bring in the Estimates some time around September so that they could be discussed in detail before the commencement of the next calendar year. In fact the Taoiseach may also recall that when I suggested to the Minister for Finance at that time that he should not be too optimistic in that regard he dismissed my suggestion as being unduly pessimistic. I suggest it is just another example of the manner in which this Government run away from all their different undertakings and promises.
I would like to ask the Taoiseach now about the legislation on the Order of Business, the legislation that has now been ordered. There are, in particular, two Bills before us which are of considerable public importance, one is the Rent Restrictions (Temporary Provisions) (Continuance) Bill, 1981, and the other is the Housing (Private Rented Dwellings) Bill, 1981. Perhaps the Taoiseach could give some indication of the time scale involved in these two Bills and their constitutional implications. Is the Taoiseach in a position to give the House any information on these matters?
I propose to take these two Bills before Christmas, as the Deputy is aware.
Is the Taoiseach aware that there are fairly considerable constitutional question marks arising in regard to the Housing (Private Rented Dwellings) Bill, 1981? Can he give any information about the constitutional validity of that Bill?
Any legislation in this area following a Supreme Court decision is difficult, from a constitutional point of view, because the decision does not give, as is often the case in these instances, sufficiently clear indications for a Government to be absolutely certain whether amending legislation to meet the case would be constitutional. We are anxious to have this Bill through the House now, and through the Seanad as soon as possible afterwards so that there will be an opportunity for the constitutionality of the Bill to be considered, given that the present legislation to cover the interim period runs to 24 January and it is proposed to extend that period by three months.
Because of the very grave public importance of this measure and its effect on a large number of people, we, the Opposition, are facilitating the Government and are considerably curtailing our discussion of this very important and complex measure. It is our duty to do that in the interests of the common good but I hope the Taoiseach will appreciate that it places us in very grave difficulty in regard to the legislation. Therefore I ask his indulgence with one more question. Is it the Government's intention to seek to have this legislation referred to the Supreme Court or does he propose to let matters take their own course in that regard?
We would wish the Supreme Court to give consideration to this Bill so that there would be no doubt about the constitutional position of the measure, in view of its importance to so many thousands of people.
I take it the Government will take some steps to ensure that its constitutionality is decided by the Supreme Court before next April?
Such steps as are open to us.
In view of the catastrophic situation revealed by the latest unemployment figures would the Taoiseach consider intervening in the House at an early date and making a statement on the general employment situation?
Given the pressure of business to which the Deputy referred I would be reluctant to take further from the time in the House to discuss the Rent Restrictions (Temporary Provisions) (Continuance) Bill, 1981 and the Housing Finance Agency Bill, 1981. I think it would be appropriate to give consideration to the matter the Deputy raised when we come to the Adjournment Debate.
Could I have clarification of procedure arising out of a decision made here last Thursday during the debate on the Supplementary Estimate for the Office of Public Works? At that time, despite the fact that I offered, three Opposition speakers were called. I was informed that there was a private arrangement between the Deputies, which had been accepted by the Chair. That seemed an extraordinary decision and, if it was correct, I intend asking the Committee on Procedures and Privileges to take it up. It is grossly unfair that three Fianna Fáil speakers should be allowed to contribute as against one Government speaker.
The Deputy will have to give notice because we cannot give any decision on that matter now.
I understood the Ceann Comhairle would be made aware of the position.
I cannot pass judgement on a decision made by the other occupant of the Chair.
Can I take it you will investigate the position and communicate to me whether the ruling was correct?
If you are worried you may communicate with my office.
I wish to raise on the Adjournment the subject matter of Question No. 13, of 26 November.
I will communicate with the Deputy.
In view of the serious situation in the Clondalkin Paper Mills, could a statement by made about the discussions the Tánaiste had with Fóir Teoranta yesterday?
I am sorry, Deputy, that is not in order. It does not arise on the Order of Business.