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Dáil Éireann díospóireacht -
Tuesday, 23 Feb 1988

Vol. 378 No. 3

Business of Dáil.

I should like to ask the Taoiseach if he intends to make a statement in the House about the measure announced by the Government to carry out an inquiry, with a Deputy Commissioner of the Garda Síochána at the head of it, into the shooting of Aidan McAnespie at Aughnacloy on Sunday. Will the Taoiseach tell us what the remit of the inquiry is and what it is intended will be done with the result of the inquiry? Will the Taoiseach tell us what role, if any, in this is to be played by the Secretariat set up under the Anglo-Irish Agreement?

I have allowed the Deputy to put his point of view but it is clearly not a matter for the Order of Business. There are ample ways and means of raising such matters. It cannot be regarded as being relevant now.

I am asking if the Taoiseach would make a statement to the House. I am not necessarily asking him to do it at this moment but I would like to know if the Taoiseach would make a statement to the House about the matter.

If the question is put down in the normal way I will be very glad to give the House the fullest possible information.

If I may say so, the Taoiseach is evading the question. I simply asked if the Taoiseach would be prepared to make a statement in the House. If the Taoiseach replies in the affirmative, then the Whips can get together and can make the arrangements for a statement.

I have no objection to the Whips getting together but I am not giving any undertaking.

Mr. Dukes rose.

I should like to tell Deputy Dukes that there are ample ways and means of raising such matters rather than arguing them out on the floor of the House during the Order of Business. That is not in order.

I can only conclude that the Taoiseach is reluctant to make a statement and I note that. There is another matter that I would like to raise on the Order of Business. I understand it is proposed that the House will not sit next Thursday and I should like to register my disapproval of that approach since we have, for example, the Courts Bill waiting to be dealt with in the House, the Housing Bill which is being brought before the House and the Adoption (No. 2) Bill which I understand is stalled in the Seanad. There is ample business for the House to do and I suggest that there would be ample time between 5 p.m. on Thursday and 2 p.m. on Friday to make whatever arrangements are deemed necessary for security on Friday afternoon.

I was not aware that there was any objection to this procedure but I should like to point out to Deputy Dukes that the House will be sitting late tonight and tomorrow night to make up for the time we will lose. I simply acceded to a request from the Office of Public Works, and the staff of the House, to give them proper time to prepare for Friday's visit by the French President. If there is any worry among Deputies about the situation, I am sure we can make it up next week.

I recognise that the House is to sit late on two evenings this week, but there is ample business ready and waiting to be done. I am bound to remark that if the Taoiseach were as ready to accede to other requests as he has been to this one, then life would be a good deal less complicated for him than at present.

I never unreasonably refuse the Deputy anything and he knows it.

I will give the Taoiseach an opportunity to test his reasonableness if, with your permission, Sir, I may move motion No. 40 on today's Order Paper which refers to the proposal to establish the environmental research unit in the Department of the Environment. The motion in my name and those of the members of the Labour Party proposes to annul this proposal which we have to do within a number of sitting days. This proposal would be in effect the official execution of An Foras Forbartha, confirmed in the European Year of the Environment. I seek your permission because, notwithstanding the visit of the President of France to this august assembly, if this House does not discuss this motion this week — in fact, this day — it will be impossible to reverse the decision under the Standing Orders of this House. Knowing that the Taoiseach is a man who is concerned for the environment and also a man of manifest reasonableness, I hope he will seize this opportunity to accord us this facility.

I have no intention of giving valuable Government time to enable the Labour Party irresponsibly to reverse Government policy on a matter of major Government expenditure.

If I am in order, I wish to move the motion formally.

You may not move it now.

Then the Labour Party will be formally objecting to the Order of Business and calling for a vote.

Last Wednesday on the Order of Business I asked the Taoiseach whether regulations would soon be issued under the Air Pollution Act. Is he aware that over the weekend Ballyfermot, which is in my constituency, has again been enveloped in a smokescreen even more lethal than anything which emits from P.J. Mara? Will the Taoiseach agree to have the regulations brought forward quickly so that the problem of air pollution in Ballyfermot can be tackled? It is causing serious damage to health. Is the Taoiseach aware that elderly people and those with serious bronchial problems have been told to move out of the area until this air pollution problem is solved? When will the Taoiseach bring in the regulations? I gave notice last Wednesday that I intended to raise this matter again and the Taoiseach said he would have an answer for me.

I will ask the Whips to look into it and see when the regulations can be brought before the House.

I should like to point out——

It should be adequate for a Deputy to raise a question just once.

——that I gave notice last Wednesday and that this is a very serious matter.

I have afforded the Deputy the opportunity of raising it twice.

If action is not taken now there will not be time, because of the provisions of the Air Pollution Act, to declare areas of this city smoke free zones next winter. Six months notice is required under the Act. Will the Taoiseach agree that it is a matter of urgency and will he ask the Minister to bring forward the regulations within the next week or two?

Did the Deputy not get my letter explaining the matter?

Another smokescreen.

The Deputy could not understand the simple language.

In the light of the catastrophic drop in cow numbers as shown by the latest livestock census — the numbers are at the lowest level since 1972——

That has no relevance to the business of the House just now.

I want to ask the Taoiseach whether the Government propose any measures, legislative or otherwise, to deal with the crisis.

Even the cows are emigrating.

I call Deputy Geraldine Kennedy.

In the light of the refusal of the Taoiseach to reply to my question, I wish to raise this matter on the Adjournment.

I will communicate with the Deputy.

I tabled a Private Notice Question today concerning the circumstances surrounding the Aughnacloy shooting and a related matter. The question was disallowed and I now seek permission to raise it on the Adjournment.

I will communicate with the Deputy.

Arising from the report on the explosion at Raglan House, I want to ask the Taoiseach or the Minister for the Environment when we will have the promised legislation. I would also ask the Minister for the Environment whether it is intended to bring forward legislation regarding the change in the scheme for the sale of local authority houses.

The legislation dealing with multi-storey buildings will be with us shortly. Legislation will not be necessary to deal with the scheme for local authority houses. A circular will be issued to local authorities in the immediate future.

I wish to raise on the Adjournment the failure to date to establish a full bovine tannery in Carrick-on-Suir, despite the best efforts of Carrick-on-Suir Tanners' Co-operative Society Limited.

I will communicate with Deputy Griffin in respect of that matter.

I wish to raise on the Adjournment the subject matter of Question No. 44 on the Order Paper for Wednesday, 17 February.

I will be in touch with the Deputy.

I seek your permission to raise on the Adjournment the crisis in the ophthalmic services in the South Eastern Health Board region.

I will communicate with the Deputy.

Ba mhaith liom ábhar Ceist Uimh. 6, Dé Máirt, 16 Feabhra, a ardú ar Athló na Dála, is é sin faoin cháin a chur ar mhná tí na Gaeltachta.

Cuirfidh mé scéala chuig an Teachta.

May I seek once more to raise on the Adjournment the continuing killing of Palestinian civilians by Israeli security forces and the reason the Irish Government abstained on the United Nations motion on human rights in relation to this matter?

I will communicate with the Deputy.

I and my colleagues in the Dún Laoghaire constituency wish to raise on the Adjournment the dangerous condition of the prefabricated classrooms in St. Brigid's School, Foxrock. We wish to seek information from the Minister for Education as to when the second phase of the new school in Cabinteely Park will be built.

I will communicate with the Deputy.

I repeat my request to raise on the Adjournment the critical situation in Crumlin Children's Hospital in relation to heart operations. I should also like to ask the Taoiseach whether he can report any progress on bringing the Children (Care and Protection) Bill into this House?

The legislation mentioned by the Deputy is with the Parliamentary Draftsman at present. It is quite complicated.

I will communicate with Deputy Flaherty.

In view of the interest the Taoiseach has shown in facilities to be provided for life boats — nobody knows better than the Taoiseach the valuable service that a life boat can give — when will he authorise funds to enable the dredging of Courtmacsherry Harbour to enable the life boat there to operate?

I am glad to see they got a new life boat in Baltimore.

(Interruptions.)

With your permission, I wish to raise on the Adjournment the worsening hospital services in the southeast.

I will communicate with Deputy Pattison in respect of that matter. Let us get on with the Order of Business. Item No. 2.

We are not agreeing to the Order of Business.

The only item in respect of the Taoiseach's proposals for the Order of Business was the extension of the sitting to 10 o'clock tonight. I put the question and it was agreed. The Order of Business, as far as the Chair is concerned, has been agreed.

You are undoubtedly the Ceann Comhairle of this assembly and we will be guided by your ruling.

I am quite clear about the matter, Deputy. There is no ambiguity about it.

I want to say to you, because I was listening very carefully to what you said, that you specifically asked if the House was in agreement with the proposal for the later sitting time to which we all agreed. You did not, Sir, in my hearing, and I would suggest that the Official Record——

Those things are the prerogative of the Taoiseach of the day and are not put to the House.

I would respectfully suggest, Sir, that you did not put to the House——

Deputy Quinn, please.

The Order of Business is always put to the House.

Deputy Quinn, please.

If by some sleight of hand on the Government side the Government Chief Whip was informed by our Whip that it was our intention——

The Deputy will have to find other ways and means of raising this matter. It is not in order now.

It is with some reluctance that I am on my feet raising this matter.

I have given the Deputy every opportunity of raising this matter. He will desist now. The Order of Business has been agreed today. Deputy Quinn will resume his seat.

A Cheann Comhairle——

Deputy Quinn will resume his seat.

(Interruptions.)

The Deputy is persistent in showing complete disregard for the ruling of the Chair and of the House. Deputy Quinn, I must ask you to resume your seat or leave the House. I shall be obliged to have the Deputy named.

I will resume my seat.

On a point of order——

On a point of order——

I trust it is a point of order, Deputy Spring.

I will attempt to make a point of order within the rules of this House which may need some clarification as we go along. In relation to the Order of Business, Sir, is it not normal for the Taoiseach to propose and for you to put to the House the items on the Order of Business which today are Nos. 2, 13, 14 and 15.

That is normal procedure.

Can the Clerk of the Dáil provide a precedent or a rule to the effect that it is otherwise? It has always been the case that you have put the items as read out by the Taoiseach to this House. I want to inform you now that we are opposing the taking of Nos. 2, 13, 14 and 15 because we want motion No. 40 on the Order Paper dealt with.

I normally would not do this but in the circumstances I am obliged to refer to the rule in question. Standing Order No. 25 states:

Every sitting of the Dáil shall be governed by a printed Order Paper which shall be prepared under the direction of the Ceann Comhairle. The Taoiseach shall have the right to determine the order in which Government business shall appear on the Order Paper and, by announcement at the commencement of public business, the order in which it shall be taken each day.

The Taoiseach has the prerogative to order the business of the day. The only time the Ceann Comhairle deviates from that is when there is a recommendation, such as there is today, for a later sitting than normal. Otherwise the business is agreed and there can be no deviations from that procedure.

It is with reluctance that I question your ruling in this matter.

The Deputy must find another time to challenge it.

I want to inform you——

If the Deputy seriously believes that the Chair is guilty of transgressing the rules of this House I would much prefer him to put down a motion of censure on the Chair.

You have misunderstood me. I am not in any way suggesting any slight on the Chair. I want to make that very clear. The question of a motion of censure has not even crossed my mind yet.

If the Deputy needs any assistance from my office in that matter it will be readily forthcoming.

Any time I sought assistance from your office it was always forthcoming. I believe that is the custom of this House. In relation to the Order of Business I believe we have a right to oppose it because the Taoiseach has not offered any other time during the course——

I would be delighted to offer you the opportunity of opposing the Order of Business if that were appropriate. It is not appropriate and it shall not be done in that order.

On the Order of Business——

I have done this on many occasions. I have afforded this House the right to challenge the Order of Business on occasions. I shall do so again but it is not in order now. The Order of Business has been disposed of and we cannot go back on the matter.

As a last matter of clarification, why is it put to the House every day to agree the Order of Business as announced by the Taoiseach?

It is not, only where there is a deviation involving a time limit on debates as there is in this Order here today. It is only then that the Chair puts the matter.

It is only for departures.

I seek your guidance, Sir. Am I to take it that henceforth all future Orders of Business, other than those that would alter the normal sitting times of this House, will be agreed in advance and that this House will not have the right to vote on them? Is that the correct interpretation?

I have already stated the prerogative of the Taoiseach in such matters in accordance with the Standing Orders of this House.

Have I been mistaken in thinking that you have called for our agreement and there have been votes on the Order of Business over the last——

Only on departures.

In respect of departures from the normal routine business of the day.

(Interruptions.)

On a point of order——

I am sorry Deputy. Resume your seat, please.

I have not spoken on this matter yet.

What is the point of order?

The point of order is that we seek to annul an order laid before this House.

I have explained that matter fully.

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