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Dáil Éireann díospóireacht -
Thursday, 16 May 1991

Vol. 408 No. 6

Order of Business.

It is proposed to take No. 12.

As it is proposed to take No. 12 there is nothing to put to the House.

A Cheann Comhairle——

On the Order of Business——

I wish to put out——

On Item No. 12——

Deputy Bruton on the Order of Business.

On the Order of Business generally, may I ask the Taoiseach, in respect of the judical inquiry into the "World in Action" programme which was promised at the last minute by the Government last night, if the Opposition parties in the House will be consulted on the terms of reference before this is presented to the House in order to ensure that the terms of reference are sufficiently wide and that the powers of the inquiry are sufficiently great to get to the bottom of this matter, in its entirely, once and for all? Will the Government agree that it might be wise to consult in regard to this motion in advance to avoid a repetition of the situation which emerged last night in regard to the Government's original motion on the matter?

I presumed that Deputy Bruton was raising a matter appertaining to No. 12. I must ask the House if No. 12 is agreed.

I am sure you are aware——

On a point of order, am I correct in saying that this House has to agree a decision in relation to the Order of Business?

Not necessarily now.

Am I right in thinking that the point raised by the Leader of the Opposition should have been dealt with by the Taoiseach?

Who is Taoiseach? The Chair or the House?

I made a point of order——

For goodness sake, will the Deputy listen?

I allowed Deputy John Bruton to put his point of view and the Chair has no control in regard to ordering people to speak in the House.

The last thing anybody on this side of the House wants to get involved in is a row with you, Sir; any arguments we have are with the other side. However, I should like to know when the motion to establish a judicial inquiry will come before the House and whether time will be permitted for the consultations which are necessary to ensure that the inquiry terms of reference are adequate.

As indicated last night, it is hoped to bring the order before the House next week but I must point out to the House that setting up a judicial inquiry of this kind is a complex business which will require careful study and full consultation with the legal advisers to the Government. It is the Government's responsibility to bring the motion to the House and the House can then decide whether it wishes to debate the terms of reference.

Sir, would commonsense not suggest that after last nights——

Deputy Bruton, I am not going to permit a rehash of last evening's business. Deputy Spring.

(Interruptions.)

I am surprised we had a discussion on the matter in the House.

I am aware of the fact that there is nothing to vote on on the Order of Business but I want to point out to the Taoiseach that we are about to consider Report Stage of very important legislation. When Committee Stage was brought to a conclusion at 11.20 p.m. last night only 26 amendments out of more than 300 and only four sections out of 55 had been discussed. The Chair's office and staff have been put under enormous pressure as a result of this procedure. A few minutes ago the Chief Whip of our party who is spokesperson on local government, received a letter from the Chair to the effect that other amendments will be addressed during the course of the day. I suggest to the Taoiseach that it is unfair on the Chair's office, the staff and Members of the House to propose that the Bill be discussed in this manner. That is not the way to do business.

The House has already decided on how to treat this matter.

Each day since the Bill was introduced it has been stated that the amount of time made available was unsatisfactory. I would like to move under Standing Order 143: that the order in relation to the Local Government Bill be suspended. That is a matter of urgency and, therefore, does not require a notice of motion. I am proposing this motion because only one-tenth of the Members——

I cannot entertain such a motion from the Deputy at this stage.

Excuse me, a Cheann Comhairle——

The Deputy may not proceed along those lines.

I am trying to explain——

This House, on Tuesday last, decided on how to treat this Bill. It was agreed that the Fourth and Fifth Stages would be taken on Thursday, this day, 16 May, and that the proceedings thereon, if not previously concluded, would be brought to a conclusion at 4.30 p.m. That is the decision of this House.

I am notifying you of a specific Standing Order and I think I am perfectly in order in raising this.

Not now, Deputy. The matter has been decided.

Standing Order 143——

I cannot entertain that motion or suggestion now.

I was reading Standing Order 143——

You may do so, Deputy.

On a point of order, I want to read Standing Order 143——

I have ruled on the matter.

The Deputy is not half way through.

Deputy Mac Giolla, please desist and resume your seat.

I am in order.

The procedure for today's business has been determined by the House.

I was anxious to quote a Standing Order agreed by the House. I only insist on speaking when I am in order. I believe I am perfectly in order.

The Deputy is not in order in pursuing that matter now and I must insist that he resume his seat.

Am I not in order in reading the Standing Order?

Resume your seat, Deputy Mac Giolla.

This is outrageous.

Deputy Shatter.

Two weeks ago the Minister for Health indicated that if the problems at Cheeverstown House had not been resolved by the end of last week legislation would be brought before the House so that the 60 beds currently unused and which are required to provide permanent residential care for adult mentally handicapped persons would be brought into use. The Minister also indicated that he would get the advice of the Attorney General. Will the Taoiseach indicate if legislation is being prepared and if it is likely to come before the House this session as this issue needs to be addressed urgently?

Not at this stage.

Deputy Jim O'Keeffe.

On a point of order, Deputy Mac Giolla sought to move a motion under Standing Order 143——

I have ruled on that matter and the Deputy may not puruse it.

A Cheann Comhairle——

Deputy McCartan, resume your seat.

I have ruled on the matter, Deputy.

I merely want to move that the business be continued until 6.30 p.m. this evening.

If Deputy McCartan and his party feel that there is anything fundamentally wrong with my ruling this morning they have a remedy but they may not pursue the matter now. The Deputy should resume his seat.

You are treating this party with disrespect. Deputy Mac Giolla simply sought——

The Deputy may not make an attack on the Chair. If there is any disrespect to the Chair it is emanating from that side now.

Deputy Mac Giolla wanted to make a point. That is not the way to deal with the Deputy.

Deputy Ferris.

I thought the Chair had called me.

I will call the Deputy after Deputy Ferns.

I want to raise a matter of importance and would like to know how I may raise it. I wish to raise the crisis in the Southern Health Board who have only enough money to cover one week's wages and where £7 million——

The Deputy may not raise the matter now. If my office can be of any assistance to him, it shall be.

The Taoiseach seemed to imply, in reply to the Leader of the Opposition in relation to the motion to be brought before the House relating to the judicial inquiry, that delays could be involved. Can he give any indication to the House of the timeframe he has in mind?

I am not prepared to have a discussion on that matter now.

It is a simple question. A promise has been given to bring a motion before the House.

I will not have a rehash of last evening's business. Deputy Howlin.

On a point of order, will the Chair accept that a promise has been given to bring a motion before the House? It is a legitimate request to ask the Taoiseach to give an indication of the timeframe involved?

The Deputy should await the submission of the motion.

Was my request not a reasonable one?

It is not strictly in order now.

Of course it is. The matter is in order.

I will try to be in order in seeking your assistance. Some jocose comments have been made on the other side of the House but I consider the Local Government Bill to be very important and it is the only item on the clár for today.

It is quite clear that the Minister has no interest in the Bill. The Labour Party have tabled 163 amendments. Some amendments have been accepted by the Government because they recognise the importance of putting through decent legislation——

Brilliant.

That was a brilliant comment; it will be very helpful.

I want to assist the Deputy in raising a pertinent point but he may not embark upon a speech.

Will the Taoiseach accept that a bad way to make law is to barely touch the surface of legislation which will determine the type of local government we will have for decades to come? Will he reconsider the decision to guillotine——

It is not in order to attempt to debate this matter now.

Does the Taoiseach feel that he should comment?

I wish to raise two points. First, I want to advise you that I wish to have your ruling discussed at a meeting of the Committee on Procedure and Privileges because I believe I was perfectly in order——

That is your privilege, Deputy, and that of your party.

It is your own committee.

Indeed, but I want to point out that I was more in order unlike other speakers who were allowed to speak on this issue. Second, may I ask the Taoiseach, given that there is some confusion, if he will clarify the procedure to be adopted in the Brooke talks and to state if he thinks they will take place on Monday?

That matter is not in order.

I have already ruled on that matter.

On a point of order——

Some Deputies are being persistent in raising spurious points of order. I will hear Deputy McCartan.

I have not got a point of order to put but a question for the Taoiseach.

Let us see if it is pertinent.

May I ask the Taoiseach if he will confirm that legislation to establish a new court of appeal is to be circulated and state when it is anticipated to bring the legislation before the House?

It will not be this session.

Having regard to the fact that a Green Paper on education and an education Bill have been promised may I ask the Taoiseach, or the Minister for Education, to indicate what proposals the Government have to avert the threatened closure of hundreds of schools and their proposals in relation to what the Minister described as her single school plan?

Send the kids to the post offices.

Is legislation promised in this matter?

An education Bill is promised but it is fairly far down the road.

What is the position with regard to the threatened closure of a huge number of schools?

That is another matter which should be pursued by way of parliamentary question or motion.

I think I am right in saying that the suspension of Deputy De Rossa has been lifted today and I wonder if a message has been sent to Strasbourg to that effect?

You may have to send it further.

Since we are now into fifth week of this session and we will have the traditional Thursday meeting of the Government Whip with the other party Whips to review business may I ask the Taoiseach if he will give a clear instruction to his Whip to inform the other parties what the balance of the programme is for this session now that the Government's legislative programme is in total disarray? Every week, we were promised that certain legislation would be taken but it has been changed to something else. This party and other parties cannot prepare for legislation if the Government do not know what they will introduce from week to week. With your permission, Sir, may I ask the Taoiseach to indicate to the Whips the Government's intentions between now and when the House rises sometime in July?

I have already outlined that here in this House.

But it keeps changing.

I told the House what our priorities were. In so far as we have been compelled to depart somewhat from the programme of legislation we had in mind, it has been entirely at the request of and to facilitate the Opposition parties.

To facilitate the views of the people of the country.

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