It is proposed to take Nos. 9, 10 and 14. It is also proposed that Nos. 9 and 10 shall be taken without debate. Private Members' Business shall be No. 21.
Order of Business.
Is the Order of Business agreed? Agreed.
Will the Tánaiste say if the Government intend to take any steps to come to the assistance of the city and county of Cork and other parts of the south west, to counter the immediate effects of flooding and to take the necessary steps——
That is not a matter appropriate to the Order of Business. Doubtless the Deputy will find another way of raising that matter, but it is not in order now.
It is a matter of some considerable urgency now.
What the Progressive Democrats were saying yesterday Fine Gael are saying today.
(Interruptions.)
The south west of the country is drowning from the indifference of Fianna Fáil.
In view of the fact that the Minister——
(Interruptions.)
In view of the fact that the Tánaiste and the members of his Cabinet sit mute on this issue, I seek permission to raise it on the Adjournment.
I will communicate with the Deputy.
I wish to raise another matter on the Order of Business. I want to know when the Government——
I have granted one request to the Deputy in that regard —one subject matter only.
I am raising another matter on the Order of Business.
Sorry, I thought you wished to raise it on the Adjournment.
When do the Government intend to make available to Members of the House the appropriate regulation, circular or guidelines on which the national fuel scheme which began last week is being operated?
That is not a matter for the Order of Business.
I am talking about a scheme which had been introduced and in respect of which I am——
It does not refer to proposed legislation, Deputy. Deputy Michael D. Higgins.
I would alert the Ceann Comhairle to the fact that I am talking about a statutory regulation.
The Deputy will have to find another way of raising that matter.
Surely I am entitled to raise on the Order of Business the question as to whether it is intended to introduce a statutory regulation or a circular in respect of a scheme? I have been in touch with the Minister's office and I could not lay my hand on any such document.
This is not the appropriate time, Deputy. I have called Deputy Michael D. Higgins.
I would like to raise on the Adjournment——
It is outrageous that Members cannot get details of such a scheme.
Why do you not put down a question, Deputy O'Keeffe?
(Interruptions.)
I would like to raise on the Adjournment the failure of the Government to respond to the request of the Nicaraguan Government for emergency aid following the recent disaster in Nicaragua and the further implications of the reply of the Minister yesterday in comparing one set of disasters in Sudan with the Nicaraguan problem.
I will communicate with the Deputy.
I seek permission to raise on the Adjournment the question of the severe flooding and the very serious flood damage in the city and county of Cork which has occurred persistently over a number of years but which is particularly bad at this time.
I will communicate with Deputy Quill.
With regard to the revision of the constituencies which has been promised, I understood from the Tánaiste yesterday that the report had not been received from the Commission, yet last night an hour long television programme discussed the report as if it was in the hands of the people who were talking about it. If the Minister has the report and is giving it out in a discriminatory fashion, that is one thing, but if the report has not been furnished by the Commission that is a totally different thing——
I hesitate to interrupt the Deputy but this matter was adverted to yesterday morning and some discussion took place on it. I cannot allow a repeat of the discussion.
I am not repeating. I am saying that if the report has not been issued it is a totally different thing and I would go so far as to say that the integrity of this judicial commission is at stake.
(Interruptions.)
I ask the Tánaiste or the Minister for the Environment to make a statement setting out the exact position——
We cannot have a repeat of this discussion.
Has the report been issued or not?
(Interruptions.)
On the Order of Business, I ask the Minister for the Environment in the light of the concern that has been expressed by other Members of this House, including my colleague who just spoke, and in the light of the Minister's refusal to appear on a "Today Tonight" programme last night and clarify the position, to indicate when he expects to see the report of the Constituency Boundary Commission?
(Interruptions.)
To date the Minister is running scared of appearing in public to say what is happening. The Minister has a duty to report to this House.
(Interruptions.)
Deputy Pat McCartan please.
(Interruptions.)
Order.
On the Order of Business, I ask either the Tánaiste or the Minister for Justice if, in view of the very welcome decision of the European Court of Human Rights in the Norris case, it is the Government's intention to take legislative action in response to the judgment of the court and, if so, when we can expect it?
I am allowing that question.
Unlike the previous question, this relates to reality rather than the speculation we saw on RTE last night. In regard to the very pertinent question asked by Deputy McCartan, we as a Government will be examining the judgment in detail to decide what course of action we will take in response to a decision by a very important court. I assure the House that this will be done by the Government and in due course we will make a decision on the matter.
Can the rest of the House, other than the Fianna Fáil and Fine Gael Parties, be enlightened as to when the Judicial Separation and Family Law Reform Bill will be taken and as to precisely what agreement has been reached between the Whips of the two major parties?
That has been discussed by the Whips and agreement has been reached. I hope there is no further problem in the matter.
I understand it has been discussed only by the Fianna Fáil Whip and the Fine Gael Whip. According to reports in the newspapers they have reached agreement. The rest of the House is entitled to know what that agreement is and when the matter will be taken.
If I can assist the Minister——
The Tánaiste is about to reply.
The Bill will be taken in mid-November in joint Government time and Fine Gael Private Members' Time. Deputy Shatter is the sponsor of the Bill. The Government have very strong views on the Bill and jointly we are giving time to it. It will be before the House at a date and at hours to be fixed by the Whips in mid-November.
I got the impression, rightly or wrongly, that either the Tánaiste or the Minister for the Environment was prepared to clarify the position regarding the Commission.
Deputy Shatter has a Priority Question today asking the Minister for the Environment the reason the Constituency Boundary Commission appointed in July 1988 was given different terms of reference to those given to its predecessors in 1979 and 1983. That is Question No. 61 on today's Order Paper and it will enable the matter to be dealt with in an orderly fashion. On the other question that concerns Deputy Fitzpatrick, I will certainly respond to his very correct appraisal of the situation. This is a matter which is being examined in a judicial way by a reputable commission presided over by the President of the High Court. Their report will come to the Minister for the Environment and then to the Government. That is the normal process.
Where is it now?
Last night the Government and Fianna Fáil rightly abstained when all we had was a lot of nattering gossip by various Deputies from other parties who were heaping speculation upon speculation, fuelled by a very astute interviewer, and all for entertainment value.
(Interruptions.)
Order. I am calling Deputy Toddy O'Sullivan.
On a point of order, the entertainment value would be greatly enhanced by the presence of the Minister for the Environment.
(Interruptions.)
Everybody is asking where he is.
Before this session is over, they will know where I am. We have a smile on Deputy Michael Keating's face for the first time in a month.
Would the Tánaiste or one of the senior Ministers be prepared to go to Cork to investigate the flood damage? When there was similar flooding in the Ballsbridge area of Dublin, the then Taoiseach personally investigated it. Can we extend the same courtesy to the Cork area?
It does not arise now.
I ask the Minister for the Environment why he refuses to answer perfectly legitimate questions put down to him in relation to the Custom House Docks development project. By virtue of the fact that he refuses to confirm that he is satisfied with progress on this development he is adding further to suspicions that something is gravely wrong.
Does this refer to legislation promised?
I have raised the matter on a number of occasions but he refuses to answer on the grounds that the Authority are the responsible body to whom questions should be addressed.
The Deputy will have to find another way of raising that matter.
The Authority have refused to answer the questions. The Secretary of the Department of the Taoiseach has written to me asking if I have received satisfactory information but to date I have not got it. There must be some way in which to get a response in this House to legitimate questions put down to Ministers.
There are many ways open to the Deputy to raise such a matter.
I seek you permission to raise this matter on the Adjournment.
I will communicate with the Deputy.
Having been unsuccessful yesterday in a request for a Private Notice Question on flooding in the Mallow-Fermoy area, I request your permission to raise that issue on the Adjournment today. Certain matters have arisen which warrant debate.
I will communicate with Deputy Sherlock in respect of that matter.
In view of the fact that the EC directive on product liability is required to be in place by the end of the current year, can the Tánaiste tell us at what stage is the legislation to implement that directive and when it will be introduced to the House?
It is with the Department for drafting. We will not have it this session. We will try to have it early in the New Year.
Is the Tánaiste saying we will be in breach of the EC directive which requires it to be in place by the end of 1988?
The EC and ourselves have excellent relations.
Can the Tánaiste indicate when legislation to ratify the European patent convention is likely to be brought before the House, if the constitutional difficulties which were considered to exist in regard to ratification have yet been overcome and if the Government have received legal advice on the matter?
Legislation to implement the treaty on the European patent convention is being drafted and we expect to introduce it this session.
In the interests of maintaining the excellent relations which the Tánaiste says we have with the EC, is he in a position to indicate when the Government will be announcing the appointment of a new commissioner?
Please, Deputy Shatter.
Is that something which will not happen until the middle of 1989?
The Deputy should desist from raising matters which he knows are not in order now.
I wish to raise on the Adjournment the tragic and controversial circumstances of the death of a man at Jervis Street Hospital on 10 May 1987 and the failure or refusal of the Minister for Health to reply to my correspondence sent to him since January of this year.
I will communicate with the Deputy.
I gave notice this morning of my intention to raise item No. 8. However, I am seeking to defer that until tomorrow as I understand the Department of Labour are anxious to look at the Bill to see what their attitude to it might be. While I am on my feet, I ask permission to raise on the Adjournment the refusal by the Government to provide direct aid to Central American countries in order to assist them following recent disasters.
I will communicate with the Deputy.
I would like, through the good offices of the Chair, to ask the Minister for the Environment in view of the serious damage caused by flooding in the south west region——
Deputy Sheehan, please, that is not in order.
——if he would take measures to clear the rivers and tributaries which are causing that flooding in these important towns and farmlands of south west Cork.
I am proceeding now to deal with Item No. 9.