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Dáil Éireann díospóireacht -
Wednesday, 15 Dec 1993

Vol. 437 No. 3

Order of Business.

It is proposed to take Nos. 4, 14 and 15. It is also proposed, notwithstanding anything in Standing Orders, that: (1) Business shall be interrupted not later than 12 midnight tonight; (2) The proceedings on No. 4, if not previously concluded, shall be brought to a conclusion at 12.30 p.m. and any amendments from the Seanad not disposed of shall be decided by one question which shall be put from the Chair and which shall in relation to any amendments thereto include only those set down or accepted by the Minister for the Marine; (3) The Committee Stage of No. 14 and the Report and Final Stages of No. 14 shall be brought to a conclusion not later than 7 p.m. and 10.30 p.m., respectively, and the proceedings in each case shall be brought to a conclusion by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Transport, Energy and Communications; (4) The proceedings on the Report and Final Stages of No. 15 shall be brought to a conclusion not later than 12 midnight by one question which shall be put from the Chair and which shall in relation to amendments include only those set down or accepted by the Minister for Agriculture, Food and Forestry; (5) Statements shall take place today on the Joint Peace Declaration at a time to be ordered later today and the following arrangements shall apply: (i) the statements shall be confined to the Taoiseach, the main spokespersons for the Fine Gael Party, the Progressive Democrat Party and the Technical Group and shall not exceed 20 minutes in each case; and (ii) The Tanaiste shall be called on to make a statement in reply not exceeding 20 minutes; (6) Private Members' Business shall be No. 18 and the proceedings thereon shall be brought to a conclusion at 8.30 p.m.

Is the proposal that business be interrupted at 12 midnight satisfactory? Agreed. Are the proposals for dealing with No. 4 agreed? Agreed. Are the proposals for dealing with No. 14 satisfactory? Agreed. Are the proposals for dealing with No. 15 satisfactory? Agreed. Are the proposals for dealing with the statements today satisfactory?

Is it proposed to brief party leaders before the press conference announcing the joint peace declaration?

Both I and the Minister for Enterprise and Employment, Deputy Ruairí Quinn, hope to brief the party Leaders at around 11.45 a.m., subject to getting clearance for that from London.

Will it definitely be before the statements this afternoon?

(Limerick East): Will the Minister for Finance arrange, in the event of an agreement being reached on a joint communiqué, that a copy be circulated to all Members at the earliest possible opportunity?

"Yes" is the answer to Deputy Noonan's question. We will place it in the Oireachtas Library immediately and we can make arrangements quickly to have copies made available generally.

In regard to the Technical Group, could we be advised later today by your office, a Cheann Comhairle, as to the arrangements for that group given the complex nature of its make-up?

Is there a problem?

We need a peace accord.

It might give a little balance to it.

I would hope the Whips can deal effectively with that matter, Deputy. Are the proposals for dealing with Private Members' Business this evening satisfactory? Agreed.

On Private Members' Business, it may be, depending upon the agreed time of the issue of the statement in respect of the communique, that statements by the Leaders in the House could eat into Private Members' time. If that happens can I assume that the Government will offer Government time to complete the business?

The Government has no difficulty with that proposal. If the statements move into Private Members' time we will extend the time by the equivalent amount.

Does the Government propose publishing the Attorney General's advice which led to the Government denying Mary Robinson, our President, the opportunity to serve and bring honour to this country?

I have ruled on the matter and it may not be adverted to.

I am asking if the Government will publish the advice.

We just want to know why.

Why was the President not allowed to take up this honour?

Deputy Owen, allow me to address the House. It is a long standing convention that the Presidency is not discussed in this House and that the occupant of the President's office is above and beyond politics and controversy. That is my ruling in the matter.

Am I allowed to discuss the Attorney General?

You may not advert to the matter again, Deputy.

We want to discuss the Government's stupidity.

Deputy Owen is seeking to circumvent my ruling.

I am not.

If you refer to the Attorney General you are adverting to the same subject matter. I cannot have that. The Deputy should resume her seat on that subject.

I wish to ask the Minister for Finance questions in relation to two matters. First, can he tell us if a date has yet been fixed for the budget? The second question relates to the Oireachtas (Allowances to Members) (Amendment) Bill, 1993 which is scheduled for tomorrow. As the Minister is aware, I am sure, there is considerable unease amongst the staff of Deputies with regard to the terms of this Bill. Will the Minister agree to the rescheduling of this Bill to the new year to enable discussions to take place between him and the representatives of the staff?

On the first question, the usual practice will be followed. The Government will announce the date for the budget on the last day of this session; January or February would be a good guess.

Would the Minister like to put it off? He should be careful he does not disclose anything.

In regard to the second matter, I understand that discussions are taking place between the Whips and the trade unions involved and I think the matter would be best left to the Whips.

Mr. Shatter rose.

Deputy Shatter wishes to raise a point of order, I believe.

On that point, I accept what the Minister said, that the Whips will be dealing with the matter but business has been transferred from today to tomorrow which further diminishes the amount of time on a Bill that has just been published. While some of the apprehension may not be well founded, it is important that time is made available to debate the Bill. Having regard to the fact that we are talking about different categories of staff and people with varying years of service, it is important to use the period to have further discussions with the union. The union comprises the staff, not just what the union officials might say, and we must try to get agreement on this. If the Minister indicates that that is the spirit of the Government's decision it would be satisfactory.

I agree with Deputy Rabbitte that the matter is sensitive. Discussions are ongoing and the Government does not wish to limit debate on this Bill in any way. If time is lost because of business being transferred from today owing to the statements on the peace initiative, the time can be made up tomorrow but the Whips can best deal with that matter. In order to avoid any confusion, I will agree now that if additional time is required tomorrow, the debate can be extended.

I am sure you will agree, a Cheann Comhairle, that in changed times this House should change its rules. Could I ask you, Sir, as Chairman of the Committee on Procedure and Privileges, to reconsider within that committee — not in this House — the approach that this House can take to issues of a political nature when Government makes decisions which effectively muzzle the President. It is wrong for this House——

If the Deputy feels it is a matter to be referred to the Committee on Procedure and Privileges, he has that facility at his disposal.

It is wrong that issues are being discussed——

That is sufficient, Deputy. Deputy Shatter, I am on my feet; resume your seat, Deputy.

It is a disgrace for the Government to treat the President in this manner.

This House cannot discuss an issue that the dogs in the street are discussing.

That is irresponsible.

(Interruptions.)

If the House feels strongly about the matter let it proceed to set aside my ruling in the matter but my ruling that the President is outside and above debate in this House stands.

I resent the fact that——

Deputy Shatter must restrain himself.

Is the Government prepared to stand over the Attorney General's advice on that?

How quickly Deputies opposite forget their friends.

The Deputy claims to know the law.

(Interruptions.)

I thank the Minister for agreeing to allow more time but that was not the point I was making in respect of the Oireachtas Allowances to Members (Amendment) Bill. The Bill was published today and, apparently, from what the Minister said, it is proposed to pass all Stages. I am pleading with the Minister to agree that it is unwise to proceed to the enactment of it——

The Deputy has made his point. This should not give rise to argument or debate at this stage.

I am not seeking to argue, Sir, but an opportunity for disscussion ought to be given before the Bill is enacted. My point is not that we need more time tomorrow but that we should not take all Stages of the Bill now.

As I understand, if the Bill is passed tomorrow, the Whips, in the name of all Members of both Houses, have given an undertaking, both to our staff and to the trade union, that the legislation will not take effect until the negotiations are completed. It is an extremely fair position for the Members of the House to adopt with its staff, that the Bill, after it is enacted by the House, will not take effect from the point of view of any changes until the negotiations are completed. Any other matters should be dealt with through the Whips because this matter, in one form or another, has been discussed throughout the year between the Whips and the staff.

Democratic Left has not been in a position to give such an undertaking and has not done so because it is not within the power of the Whip of Democratic Left, or any of the parties in Opposition, to say a Bill will not be enacted until a certain date. That is in the hands of the Minister of the day.

We cannot debate this matter this morning, Deputy.

A Cheann Comhairle, we are on our feet on this matter——

Sufficient has been said about it. We have devoted quite some time to it, Deputy, I think you will agree.

I agree with you, a Cheann Comhairle, and very much appreciate that you have given us this latitude on the matter. I am again appealing to the Minister to reconsider taking all Stages of this Bill tomorrow. I think it would be a serious mistake not to do so.

Mr. J. Mitchell rose.

Deputy Jim Mitchell has been offering.

I gave that commitment on behalf of the Minister. I reiterate it here and will be repeating it tomorrow. I think that should be sufficient for the Deputy. I have not broken my word on anything else previously.

But Deputy Dempsey is not a Minister.

A Cheann Comhairle, on a matter of promised legislation of some interest to the Minister for Finance and myself, since we represent Dublin Central, will he say when the revision of constituencies will occur and whether it will be wide-ranging?

Is legislation promised in this area?

There is legislation promised.

Yes, there is legislation promised.

Would the Minister for Finance clarify whether it is now proposed to proceed by way of legislation to establish a commission on the revision of constituences, or whether it will be done on an ad hoc basis?

A statement will be made in due course on the position of the Government and on the proposed action to be taken by the Minister for the Environment.

A Cheann Comhairle, I want to seek your advice on a matter. At the meeting yesterday of the Select Committee dealing with Supplementary Estimates I requested information about a cut in the FÁS budget, but the Minister was unable to provide it. I notice that that information is all over the papers today. I should like to seek your advice as to whether a Deputy has any form of redress in such circumstances?

I would have preferred if the Deputy had given me notice of his intention to raise this matter when I might now be able to give him my considered reply.

I only saw it in this morning's papers.

I wish to advise the Deputy that the Chair has no control over Select Committees of this House. That is the responsibility of the chairperson and members thereof.

I am sure you will agree, a Cheann Comhairle, that it is less than satisfactory for Deputies to find that happening in a Select Committee which is answerable to this House.

I feel sure the Deputy will pursue that in a more appropriate manner.

There is transparency for you.

Would the Minister for Finance inform the House of the present position vis-à-vis the Solicitors (Amendment) Bill? A Cheann Comhairle, you will recall that that Bill had reached Committee Stage when the last Government fell. What are the chances of its being reintroduced in the House?

The Solicitors (Amendment) Bill is nearing completion. It is the intention to have it published before the House resumes for the next session.

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