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Dáil Éireann díospóireacht -
Wednesday, 19 Feb 1992

Vol. 415 No. 9

Order of Business.

It is proposed to take Nos. 3, 12, 15, 16, 4, 5 and 17. It is also proposed that No. 12 shall be decided without debate. Private Members' Business shall be No. 24.

Is the proposal that No. 12 be decided without debate satisfactory and agreed? Agreed.

Is the Taoiseach aware that despite media reports no approaches have been made to me, at least, as one of the leaders of the Opposition parties about any meeting, as suggested by him yesterday, and four approaches were made by the Fine Gael Whip to the Government Whip? May I ask the Taoiseach if he is proposing to have such a meeting and if he has considered the three proposals I made to him as being prior agreements in advance of the meeting?

As I understand it the Government Whip was in touch with the Fine Gael Whip yesterday evening to say that my private secretary would be in touch. I understand from him — I checked before I came into the House — that slots have been offered to the various party leaders.

No. I should like to inform the Taoiseach that no communication has been made to my office in regard to time slots despite the fact that, obviously, the Government have been briefing the newspapers on the matter which seems to suggest an optics approach to this matter rather than one of substance.

I would hate Deputy Bruton to take that attitude. Everybody else seems to have been approached but I will have the matter rectified if it needs rectification.

Please do. The Taoiseach can take it from me that it needs to be rectified.

I am very grateful for the invitation to attend the meeting at 4.45 p.m. today which was communicated to me at about 10 o'clock this morning. May I ask the Taoiseach if some Government discussion has taken place in relation to a possible referendum because of the statement made by the Minister for Energy? Is that the result of a discussion between the parties in Government or was the Minister for Energy, Deputy Molloy, making a statement on his own behalf?

No such decision has been taken by the Government.

I wish to inquire about proposed legislation in the Programme for Government. It arises indirectly from a comment by the Taoiseach in the Dáil yesterday of nods and winks with regard to the implementation of the law by the Attorney General. The Taoiseach indicated he did not believe the people of the country wanted or deserved a situation of nods and winks in the application of the law. The Government claimed before the European Court, not too long ago, in the Norris case that the Attorney General would, in fact, ignore the law in regard to the 1861 Act.

This should not give rise to a speech on the Order of Business.

May I ask, therefore, when it is proposed to end the nod and wink approach to the 1861 Act and introduce the legislation promised in the Revised Programme for Government, the Criminal Law (Sexual Offences) Bill?

I understand from the Whip that no such legislation has been promised.

On page 23 of the Programme for Government, it is stated under the heading, Criminal Law (Sexual Offences) Bill, that the purpose was to bring the law in line with the judgment of the European Court of Human Rights. The Taoiseach said in this House last week that the Programme for Government——

The matter should not give rise to argument or debate now. There are other ways of dealing with this matter.

I want to know when that Bill will be brought before the House?

The Deputy has already put that question. I am calling Deputy Shatter.

I am sorry but the Taoiseach is misleading the House. A promise has been made.

Please Deputy.

The Chair might like to allow the Taoiseach to clarify the matter.

It can be clarified in many other ways. I am calling Deputy Shatter.

On a point of order——

A Deputy

Open Government, Mark II.

It was made clear in this House that the promises made in the agreement between the Progressive Democrats and Fianna Fáil were promised legislation and that we could ask questions on the Order of Business in relation to them. I have indicated to the Chair the promise made, the page on which it occurs and the Taoiseach has indicated that no such promise has been made.

In the House.

I have given the Deputy some considerable latitude in the matter. I can do no more.

Perhaps the Chair will allow the Taoiseach reply to my question.

That is the Taoiseach's prerogative, if he so desires. I have called Deputy Shatter and he will be heard now.

May I raise two brief and straighforward questions on the Order of Business? In relation to the invitation the Taoiseach extended yesterday, will he be representing at the discussions the full Government interest in the matter or will the Progressive Democrats engage in separate discussions on the issue? In regard to the legislative programme is the Taoiseach aware that the Child Care Act, passed by this House in July 1991, has not yet become operative and that large numbers of children are at risk due to the fact that it has not become operative? Can he indicate when the necessary orders will be placed before this House, a matter of urgency, to enable the Minister for Health to protect children?

The Child Care Act, as I understand it, is being implemented progressively. I will inquire further into the matter and will communicate with the Deputy.

Not one section has been implemented.

In relation to the first part of the Deputy's question I wish to inform him that the Government are quite capable of looking after their own area without any advice or interference from Deputy Shatter.

Deputy Howlin.

Are the Progressive Democrats participating in these discussions as members of the Government or as a separate political party——

I am sure Deputy Shatter heard the Chair calling another Deputy. Deputy Shatter makes a point in this House of ignoring the Chair. He may not do so with impunity.

The Taoiseach has made a point of ignoring questions.

(Interruptions).

May I ask the Taoiseach, in relation to promised legislation, when the Bill to restructure the sub-county tier of local government will be brought before the House and if, in the light of the comments made by the Minister for the Environment over the weekend, local elections will take place this year to that tier?

The matter is under consideration by the Government and I will advise the Deputy in due course.

May I ask the Taoiseach at what stage is the Land Registry Bill — which has been promised — and if there will be any attempts to bring it forward as a matter of urgency in view of the industrial action currently taking place because of the disorder at the Land Registry in Dublin?

I would like to inform the Deputy that the draft heads of a Bill are being prepared at present in relation to the matter he has just raised.

I am pleased that the leaders of the parties are to meet with the Taoiseach this afternoon and I will await with interest the outcome of that meeting. May I ask the Taoiseach in this context if he intends to meet with organisations such as the Council for the Status of Women, the Oireachtas Joint Committee on Womens' Rights or, indeed, a cross-party group of women Deputies in this House to discuss this issue? Does he intend to consult with or discuss this issue with womens' organisations or groups or does he see them as being irrelevant in his debate?

I think the Deputy should await the outcome of the meeting with the party leaders in the first instance. We can then decide on how we should proceed from there.

Please, can I restrain Deputies? Deputy Connaughton.

May I ask the Taoiseach when the Social Welfare Bill will be brought before the House?

When will the Social Welfare Bill be brought before the House?

The Taoiseach is off form.

As soon as possible, during this session.

(Limerick East): As soon as possible.

How soon?

May I ask the Taoiseach if it is still the intention, as promised many times by the former Minister for Tourism, Transport and Communications, to proceed with the bus competition Bill? The former Minister promised that it would be published this session. Is that still the case or has it, like many other things, gone off the rails with this new Government?

That is still the position, Deputy.

Is it still off the rails?

First, may I ask the Taoiseach when it is intended to introduce the medical practitioners Bill and, second, in relation to the nursing Act which we passed almost two years ago and which was to be implemented last year, may I ask him what is happening when we pass legislation in this House which is not then implemented? Would he see to that side of the legislative programme as well as bringing new Bills forward?

The draft heads of the medical practitioners Bill are being prepared. I will inquire as to the status of the other Bill and communicate with the Deputy.

When I agreed in principle yesterday to meet the Taoiseach in regard to the tragic case which is the source of so much concern in recent days I asked if he would indicate to me in advance if the Government intended to make any proposals or to outline an approach to this problem at the meeting. I wish to have that information in advance. As I have said already, I have had no communication about a meeting at all.

The Chair is allowing a lot of latitude.

May I ask the Taoiseach if he will indicate now if the Government will make proposals of any kind at this meeting?

The Deputy should wait until the meeting. We will confirm the position with him with my private secretary after we leave the House.

Sir, could I say——

Please, this should not give rise to argument. I want to say, Deputy, that I have given quite an amount of latitude to the matter.

(Interruptions.)

Order, I will not permit a re-hash of yesterday's business.

I said yesterday, if you recall, that my agreement to the meeting was subject to receiving an indication in advance as to whether or not the Government would be making proposals.

The Deputy has made that point very effectively.

Given that the Taoiseach has not communicated privately, despite the fact that he has access to my phone numbers, if he wished to communicate with me, could he indicate now if he intends to make any proposals of any kind at this meeting or is it simply a question of the Opposition listening to the Government's problem?

We are having a large element of repetition. Deputy McCartan has been offering for some time.

Is the Taoiseach going to give an answer?

May I ask the Taoiseach, in relation to the criminal procedure Bill, which has been promised, to deal with the two-year old Martin report on cases involving a miscarriage of justice, when that legislation will be brought before the House? Would the Taoiseach take this opportunity to comment on the widespread publicity recently given in the newspapers to the suggestion that senior members of the Judiciary are now telling the Government how to legislate in this area?

I would like to tell the Deputy that we are in the very early stages of preparation in relation to that matter.

I am proceeding to item No. 3, the Patents Bill.

In view of the statements made by the Minister for Health last week on the proposed family planning legislation if that legislation will be taken soon, if the existing Bill will be taken or whether a new Bill will be introduced?

I do not think the Deputy should read too much into what he reads in the newspapers. The family planning Bill will come before the House in due course.

The Taoiseach is disowning his own Minister only a week after appointing him. Is there anything of what we read in the newspapers that we can believe?

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