I sought some clarification from the Taoiseach yesterday morning in relation to the office of the Ombudsman. I wonder if he has had an opportunity to check it? Am I correct in thinking that a resolution of this House is needed before the end of this year to give effect to the Ombudsman remaining in office?
Order of Business (Resumed).
A resolution of both Houses is necessary one way or the other.
Will that be done this week?
I told the Deputy yesterday the procedures would be followed impeccably.
The Taoiseach seems to be in a very flippant mood when answering questions these days. The reality is that the order has to be made by both Houses before the end of this year, otherwise there will not be an Ombudsman on 1 January. There has been no communication between the Whips. May I ask the Taoiseach to indicate if something will be done?
As I said, the procedures will be followed.
On the Order of Business, I understood the Taoiseach to say he is reporting to the House this evening on last week's meeting in Strasbourg, but did he also say he was making a statement on the EC Presidency?
Yes.
These reports from Strasbourg and meetings like that are normally just statements by the leaders of parties. If the Taoiseach is now going to expand that to a discussion on what role the Irish will be playing for the next six months in the EC I would think the more correct way to do that would be by a full debate in the House rather than by statements from a limited number of people. Would the Taoiseach agree with that and would he agree to expand the discussion?
No, at this stage I think the statement procedure would be adequate.
No, it will not because certain people will not be allowed to speak.
I think it will be adequate; it is my decision that it will be adequate.
Excuse me, Sir——
There may not be an argument about it now, Deputy Barry.
I do not agree with the Taoiseach that statements from individuals in this House will be adequate. Everybody is entitled to make statements.
Deputy Barry, please. I call Deputy McCartan.
I seek your assistance in clarifying a matter that has arisen from the Special Notice Question tabled by Deputy Rabbitte to the Minister for Health yesterday in which it was indicated that no charge would be levied on persons seeking the flu vaccine——
Sorry, Deputy, that is matter you can raise in another way. There is ample scope in this House for raising such matters. It is not in order now.
May I seek your assistance, a Cheann Comhairle, in regard to the matter——
The office will be glad to assist the Deputy in that regard. I am calling Deputy Sherlock.
On a point of order, it would appear that matters have evolved which would indicate that this House may have been misled yesterday.
Deputy, you will raise that in another way. I am not permitting the matter to be raised now.
I am seeking your assistance.
It is not relevant on the Order of Business.
This is a matter——
The Deputy will raise the matter in another way, and now resume his seat.
(Interruptions.)
Deputy McCartan, if you persist in disobeying the Chair in such unruly fashion I shall have to ask you to leave the House.
Deputies
Hear, hear.
Deputy McCartan will now leave the House. I take it the Deputy is desisting?
At the time the Minister was speaking in the House——
I have ruled on that matter. You will resume your seat immediately.
Can the Minister clarify that the vaccine being offered——
This is a matter that must be clarified.
Deputy McCartan must desist from interrupting.
The matter should be clarified by the Minister in the House. We were misled by the Minister yesterday.
May I ask the Minister for Health when the promised necessary legislative regulations will be placed before this House which would enable Galway Corporation to be represented on the Western Health Board? Will they be made before the House adjourns?
It is necessary to put a resolution before the Seanad and we hope to do that this week.
May I refer to a point I made earlier?
Let us not get back to a matter which has already been ruled on.
It is Christmas.
It was not agreed between the Whips and the custom in the House is that the Order of Business——
The Order of Business — so far as the Chair and the House are concerned — has been decided upon.
This matter was not agreed between the Whips, just that statements would be made.
I seek your permission to raise on the Adjournment the breach of the Postal and Telecommunications Act, 1983, by the Bank of Ireland.
I will be in touch with the Deputy concerning the matter.
I wish to raise on the Adjournment the matter of the Tallaght Two, Maleady and Grogan, and new matters which have arisen in connection with that case.
I will be in touch with the Deputy concerning that matter.
Yesterday I mentioned the abuse of privilege by the Minister for the Environment in his failure to reply to Dáil Questions. I wrote to you in the meantime outlining the fact that on 1 November I had two questions tabled for reply by the Minister for the Environment. He did not give a reply to either, he promised to furnish information subsequently but I have not had any further communication from him. I regard Dáil Questions as part of the legitimate procedure under our democratic system to elicit information and it is an abuse of procedure for a Minister to fail to publish such information.
The Deputy may not make a speech at this stage. I have had his communication and I wish to inform him that there is a long established precedent that the Chair has no power to compel a Minister to answer questions and no control over the reply given by a Minister. However, if a Deputy is dissatisfied with a Minister's reply — or failure to reply — he or she has a remedy and I would be glad to assist the Deputy in securing that remedy. Indeed, he may do so by tabling a further question, for instance, or raising the matter on the Adjournment. I cannot be of more help to the Deputy.
In my letter I drew your attention to the fact that while I accepted you had no control over the Minister's reply, you could state that the Minister is abusing the procedures of the House if that was the case. That would bring the moral authority of the Chair to bear on the Minister to ensure that he complies with the procedures. I referred you in particular to a——
I have outlined the long standing practice of the Chair in relation to the incident to which the Deputy refers. I am abiding by that precedent. I sought to assist him in the matter and I can do no more.
In the light of all the circumstances I wish to have this matter raised with the Committee on Procedure and Privileges.
The Deputy has that facility at his disposal.
(Limerick East): You will recall that I brought a similar matter to your attention over two months ago when the same Department, through the Minister of State, instead of replying to a question said they would communicate with me by letter. I have not heard anything since and I do not think that Minister should be allowed to duck parliamentary questions.
Deputies
Hear, hear.
I have outlined the procedures in respect of Members' dissatisfaction with replies.
Will the Minister for the Environment indicate the reason for the delay in bringing forward long promised legislation in respect of the national roads authority?
The matter is at an advanced stage of preparation and will be introduced at an early date.
Have the heads of the Bill been circulated to the Government?
That is not properly before the House at present. The Deputy should accept that it is at an advanced stage. I also want to say to Deputy O'Keeffe that the information he sought was sent to him and he should have received it.
It has been the practice of previous Administrations to indicate to the House, in reply to a question, if the heads of a Bill have been circulated to the Government. Do I take it from the Minister's reply that a precedent has been established, from a Government committed to more openness, that that question is no longer a legitimate one for answer on the Order of Business?
I have to dissuade Members of the notion that the Order of Business may be turned into a mini Question Time because that will not be permitted.
Will the Taoiseach say whether the Government will take any action to prevent the dumping of processed mushrooms on the European market?
Will the Deputy please raise the matter in an appropriate way?
I seek to raise it on the Adjournment.
I will communicate with the Deputy, he might have indicated that to me in the first instance.
I wish to raise on the Adjournment the abuse of procedure by the Minister for the Environment.
I will communicate with the Deputy.
I seek to raise on the Adjournment the withdrawal of promised funding by the Minister for Sport for the World Cup Boxing Championship to be held in Dublin next September.
I am aware of the Deputy's interest in that matter and I will communicate with him.
I wish to raise on the Adjournment the question of funding from the national lottery for the Waterford Sub-Aqua Club.
I will be in touch with the Deputy concerning the matter.
With your permission, I should like to raise on the Adjournment the serious situation arising from the continued sale of cans of Christmas snow containing CFCs.
I will communicate with the Deputy.
I wish to raise on the Adjournment the serious situation that has now arisen in the Southern Health Board area where it has been stated by the director of community care that the vaccine cupboard is now bare and that——
I will communicate with the Deputy, he may not elaborate now.
I sought clarification from the Taoiseach yesterday whether a meeting is envisaged between the Minister for the Marine and the anglers to settle the rod licence dispute. Is the Taoiseach in earnest in regard to settling it?
Please, Deputy.
I did not get an answer yesterday and I thought I might get one today.
The Deputy should raise the matter in a proper fashion.
The new season will begin soon and the matter will not have been resolved.
The Deputy must resume his seat. Please obey the Chair.
I would be delighted if the matter was solved.
I seek your assistance, Sir, in regard to promised legislation. Last week I asked the Taoiseach when the planning compensation Bill would be back in this House. He indicated that it would be here this week, but when the Government Chief Whip sought to arrange the Order of Business for this week there was no mention of the Bill. We on this side of the House sought to have it included in this week's business. We were told by the Government that it would be included in today's business if the Fine Gael Party and other Opposition Parties were willing to take all stages between 10.30 a.m. and 1.30 p.m. without the Government having circulated the amendments——
Let us not have a speech as it is not in order.
The Taoiseach indicated last week that this Bill——
The Deputy is embarking on a long speech and that is not in order.
As the Taoiseach has not been able to keep to this commitment, when can we expect the Bill to come before the House after the Christmas recess?
My information is that Deputy Shatter was offered the opportunity of concluding the Bill this week but refused to do so.
In three hours?
(Interruptions.)
Deputy Shatter will now resume his seat or leave the House. Deputy Shatter, leave the House.
Perhaps Deputy Shatter might acknowledge some day that the Government have some rights in this House.
Perhaps the Taoiseach would——
Please, I have called Deputy Rabbitte.
The Government have rights in this House. The Government have an obligation to treat this House with respect and not have this little Napoleon coming in here pretending he is running the country.
The Government are playing ducks and drakes with taxpayers' money.
If Deputy Shatter persists in this disorderly fashion I will insist that he leaves the House. I have called Deputy Rabbitte.
On a point of order, Sir——
Please, Deputy Shatter, you have caused enough disorder.
On a point of order, Sir, I think Members on this side of the House are entitled to the protection of the Chair, and when Members——
They shall have that, Deputy Shatter. I should like your co-operation in doing so now.
I should like to have an opportunity to raise that matter.
I am calling Deputy Rabbitte.
A Cheann Comhairle, I want to seek your assistance concerning the reply I received yesterday from the Minister for Health to my Private Notice Question when he told the House that the programme——
Deputy Rabbitte, I understand you are referring to a matter I have already ruled out of order. There are ample ways and means of raising such matters in the House. You may not do so now, Deputy.
In a radio interview this morning the Minister made an opposite statement——
That in the end of the matter, Deputy. Deputy Rabbitte will now resume his seat.
But what is the position?
Deputy Rabbitte, resume your seat.
A Cheann Comhairle, the Minister has——
Deputy Rabbitte will now leave the House. I note that Deputy Foxe is offering.
May I ask the Minister with responsibility for sport why the Government have reneged on their commitment to partly fund the boxing world cup to be held in Dublin in September 1990? I seek the permission of the Chair to raise the matter on the Adjournment.
I will communicate with the Deputy.
I should like to raise on the Adjournment the plight of an ageing female mentally handicapped constituent who cannot be placed in residential care because of shortage of places in the Eastern Health Board area and whose elderly mother cannot care for or manage the needs of her daughter.
I will be in touch with the Deputy concerning that matter.
A Cheann Comhairle, may I ask — more or less on a point of order — whether two matters could be examined during the recess: one, the microphone system in this House and the way it is reproducing in broadcasting which is, in my view, very unfair — sometimes in favour of the Government side and sometimes in favour of this side. Second, before somebody is killed, would it be possible to have the second gate to the entrance to this House opened and the whole matter of access to this House examined during the recess because it is becoming very dangerous?
I am sure those matters will be looked into.
With your permission, a Cheann Comhairle, I should like to raise on the Adjournment the crisis in local authority housing.
I will be in touch with the Deputy.
Will the Taoiseach tell the House when the equal status legislation promised will be introduced? In addition, may I seek your permission, a Cheann Comhairle, to raise on the Adjournment the serious matter of the rape charge dismissed in the District Court last week because the Book of Evidence was not ready. I am worried about this case — I cannot get information about it anywhere else — and I seek your permission to question the Minister for Justice on this matter on the Adjournment?
I will be in touch with the Deputy concerning the matter.
I hesitate to ask this question again but may I ask the Taoiseach if the regulations in relation to the Environmental Impact Assessment Directive will be circulated today, tomorrow or on Friday?
I can assure the Deputy they are under very intense examination at this very moment.
Active consideration.
Can I now proceed to deal with the business of the House? I see Deputy Dukes is offering.
A Cheann Comhairle, just one more question since the Taoiseach has offered to be communicative and co-operative. May I ask the Taoiseach when it is intended to have the Planning Compensation Bill introduced in this House?
I think I dealt with that.
No, the Taoiseach did not.
It will certainly be in the next session.
Will it be early in the next session?
Hopefully.
In the interests of harmony and the proper expedition of our business in the next session, when that Bill is introduced I can tell the Taoiseach now that if the Government come along with a proposal to take all Stages in three hours it will not be accepted by my party.
I thank the Deputy for his kind co-operation.
The Taoiseach is more than welcome.
I wish to seek your permission, Sir, to raise on the Adjournment the serious overcrowding in the Cork Regional Technical College and the failure of the Minister of Education to provide the promised increased library space.
I will be in touch with the Deputy concerning that matter.
I should like to raise on the Adjournment the very unfair and seemingly discriminatory manner in which funding is provided for national flat racing as against national hunt racing which is far more popular.
I will communicate with the Deputy.
I wish to raise on the Adjournment the widespread use of radar detectors by motorists.
I will communicate with the Deputy.
(Limerick East): Has the Taoiseach set the date for the budget and, if so, will he inform us of the date during the Adjournment debate on Friday?
Yes, that would be the usual practice.
(Limerick East): The Taoiseach will stick with the usual practice on this occasion?
It is always my wish to be as informative and as co-operative with the Opposition as they allow.
The Taoiseach made a very bad start this morning then.
Seeing that Christmas is coming, I seek your permission again, a Cheann Comhairle, to raise the question of the provision of a school at Castleview in my constituency.
I will communicate with the Deputy.
May I ask if it is the intention to circulate amendments to the Fisheries Act, 1987?
Is this promised legislation?
It is anticipated widely, a Cheann Comhairle.
(Interruptions.)
That is not sufficient.
I am afraid that Deputy Michael Higgins is fishing at present.
Arising out of the misleading information circulating with regard to the charge for the influenza vaccine, I wish to raise the matter on the Adjournment.
I will be in touch with the Deputy concerning that matter. Let us proceed to the Order of Business proper.
A Cheann Comhairle, the Taoiseach did not answer my question with regard to the equal status legislation promised.
Deputy Fennell did ask a question appertaining to legislation.
I am not sure what legislation the Deputy is inquiring about.
The equal status legislation relating to women's equality under the United Nations Convention covering a broad range of areas. I am sure the Taoiseach's Minister of State is familar with it.
No such legislation has been promised.
Let us proceed to item No. 7 — Building Control Bill, 1984, Report and Final Stages.