Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Tuesday, 1 Feb 1994

Vol. 438 No. 1

Order of Business.

It is proposed to take Nos. 1, 2, 3, 16 and 4. It is also proposed, notwithstanding anything in Standing Orders, that (1) Nos. 1, 2 and 3 shall be decided without debate; (2) the following arrangements shall apply to the resumed debate on No. 16; (i) the speech of each Member called on shall not exceed 30 minutes and (ii) Members may share time; (3) Private Members' Business shall be No. 24, motion re section 31 of the Broadcasting Act.

Is the proposal that Nos. 1, 2, and 3 be decided without debate satisfactory and agreed? Agreed. Are the arrangements proposed for dealing with No. 16 agreed? Agreed.

In view of public statements that the proposed changes in the residential property tax are not Fianna Fáil policy can we confirm that they remain the policy of the Government? In view of the confusion generated by the Taoiseach's statements on the numbers to whom residential property tax will apply will the Government agree that, before proceeding with the proposal, there should be a White Paper outlining its social and economic impact, particularly in areas like Dublin where it will fall disproportionately on middle and lower income families?

That is irrelevant.

It is the one question on the lips of people in the city.

Ask Niall Andrews.

There are other ways of raising this matter but quite definitely it is not a matter for the Order of Business.

Sir, it has been stated publicly that this policy is not the policy of Fianna Fáil — it is the policy——

I ask that Deputy Bruton leave that particular issue.

Is this the price of partnership?

Does the Labour Party accept responsibility for this tax?

It is not a matter for the Order of Business.

When does the Taoiseach intend to circulate a list of legislation to be taken this session? Will the Solicitors Bill, which has been promised for some time, be included in that list? Is it intended to prohibit touting by solicitors in that Bill, as they have privileged access to local authorities or is it intended that the Ethics Bill will rule that out?

The Solicitors Bill will be brought forward very shortly. On the question of circulating a list of the Bills to be taken this session, we are working to complete the Bills on the list we had for last session.

Has the Government considered the Supreme Court decision on the Matrimonial Home Bill and does it intend to proceed with a referendum or to bring in further legislation on this issue?

It is not promised legislation but it is somewhere in between. The referendum will proceed and, as Deputies know, the Matrimonial Home Bill will not proceed.

Will a new Bill be brought forward?

The Matrimonial Home Bill is a stand alone measure. It is an equity measure and is not involved in the question of divorce legislation.

The Taoiseach must be joking.

I am seeking an assurance from the Taoiseach because I read somewhere that a Government spokesperson said the two referenda would be held on the same day.

No, it was a Government spokesperson. I believe that would be very damaging to the referendum.

Just to clarify the matter for the benefit of the House, one referendum will be held, there will not be a second referendum.

The Minister for Finance announced on budget day that details of the means test for contributory widow's pensions would be announced by the Minister for Social Welfare? Will the Government introduce legislation to give effect to this profound change in contributory social insurance and will it also be a precedent for the introduction of a means test for contributory old age pensions?

This matter will be part of the Social Welfare Bill and will be dealt with in that legislation. It is not proposed to have a means test for old age pensioners.

Two shillings off the old age pension.

It is only 1s. and 6d. If Deputy Yates had listened he would have heard me say it will not interfere with the contributory old age pension.

The Taoiseach did not reply to the question on what could be classified the promised — and then torpedoed — Matrimonial Home Bill. What does the Government intend to do in relation to this Bill?

I answered that already.

No, the Taoiseach answered a question on the divorce referendum but he did not indicate precisely the decision, although this was promised, in relation to the Matrimonial Home Bill.

I already announced here today that we have made the decision not to proceed with the Matrimonial Home Bill but that the referendum on divorce will be held in the autumn.

On the promised Social Welfare Bill, is the Taoiseach aware that in his budget speech the Minister for Finance said: "a qualifying earnings limit shall be introduced for all recipients of widow's or widower's pensions after one year". Is he further aware that the Department of Social Welfare announced yesterday that anybody with an income over £16,000 who becomes a widow or a widower will be excluded and that anybody with an income between £12,000 and £16,000 will get a reduced pension? Will he agree this is a very significant change in the social welfare entitlements? Is he aware there is wholesale discontent among the public about this matter? I give notice to the Taoiseach, before Deputy Kemmy comes in wrestling with his conscience, that this side of the House will not accept the change and that the Government is in for one hell of a fight on the issue.

Deputy Martin Cullen is offering.

The Taoiseach said there would be no change.

We are embarking on the whole budget debate. The Deputy will have ample opportunity——

Listen to what I am saying.

I am calling Deputy Cullen.

How can the Taoiseach state that the Matrimonial Home Bill is a separate and stand alone issue from the divorce referendum when, on its publication and while dealing with it in this House, it was seen as an integral part of the divorce referendum? Indeed, his view and that of the Government was that the divorce referendum would not be successful if that legislation was not in place? How can he now divorce the two issues and what does he intend to do?

That question has been answered.

It has been fumbled.

A Deputy

What about the Joint Programme for Government?

In respect of promised legislation — and this also refers to widows — does the Taoiseach intend to proceed with legislation which would withdraw the right of widows and deserted wives to re-enter the public service? This followed an equality case. The Government decided to ignore the decision in that case and to bring in legislation to rescind it. Does the Taoiseach intend to proceed with that very unfair legislation?

Is this promised legislation?

It was promised in this House.

Yes, it is in the early stages of preparation.

Yes, the Government talks about equality and partnership.

There is no need to elaborate now, Deputy.

Will the Taoiseach state when it is proposed to introduce promised legislation to preserve the diversity of universities and enhance their developmental structure?

Is this promised legislation?

Will the Deputy be more specific?

The Programme for a Partnership Government states:

We will protect the independence and traditional democratic decisionmaking structures of the Universities. We will enact legislation for the third level sector, which will preserve their diversity and enhance their development role.

It is not promised legislation.

I am informed that this is not promised legislation and I am calling Deputy O'Donnell.

It is in the Programme for a Partnership Government.

As the Deputy will be aware, it was not promised in the House.

In regard to the Matrimonial Home Bill, has the Cabinet decided, on the advice of the Attorney General, to do nothing in relation to the principle of joint ownership in the family home and to leave the matter in abeyance?

That matter was dealt with earlier and it is not one for debate on the Order of Business. I am calling Deputy Gay Mitchell.

It was promised legislation that has been unravelled by the Taoiseach.

Have respect for the Supreme Court.

I do not think the Taoiseach intended to mislead the House. Will the Taoiseach confirm that details of changes in the new earnings limits, announced by the Minister for Finance, to be applied to the contributory pensions of widows and widowers, will be incorporated in the Social Welfare Bill and when that Bill will be published?

That matter can be dealt with during the budget debate which will follow the Order of Business.

Is it in order for me to ask when this Bill will be published? We are prepared to fight this tooth and nail.

For the second time — Deputy Mitchell should be a little more attentive — I said these matters will be part of the Social Welfare Bill.

The Deputy knows as well as I do that the Social Welfare Bill is published a month after the budget — next month.

Will it be over by the time of the by-election in Dublin South Central?

Does the Taoiseach accept that the Government changed its planned sequence of legislative initiatives in regard to the divorce referendum — it has done so again today by making a change — and that this will create a lack of confidence in its long term intentions in this area? Would the Government consider it wise, therefore, to publish a White Paper in preparation for the divorce referendum so that all its legislative intentions, prior to and after the enactment of such a constitutional change, are set out for the public to debate? We cannot afford an ill-informed debate on this subject or one in which there are misunderstandings or doubts about the Government's long term intentions. That is being generated now by the mess in relation to the Matrimonial Home Bill. Will the Government reconsider its decision, take Fine Gael's advice and issue a White Paper on the subject?

I am calling Deputy Gilmore.

Deputy Gilmore rose.

Will the Government again drag its heels, its usual carry-on?

A Deputy

It does not want it passed.

Will the Taoiseach respond to the question I put to him?

The question was not about promised legislation.

It is promised legislation.

I have called Deputy Gilmore.

Will the Taoiseach be around this time?

It will be very hard to find the Taoiseach for a few weeks — that happened last time.

I seek clarification from the Taoiseach as to whether the revised Solicitors Bill, which is to be circulated, will make it illegal for a Member of this House, or a Minister, to use their position as a public representative to tout for business for their own solicitor's practice, as reported in relation to the Minister for Equality and Law Reform, in one of today's newspapers?

When considering the Social Welfare Bill and the issue of widows' contributions and pensions I ask the Taoiseach to bear in mind the statement delivered in this House by the so-called Minister for Poverty, that changes in the regulations relating to widows between the ages of 60 and 65 years of age on their entitlements were described as perks——

The Deputy can raise that matter in the course of the budget debate. I am moving on to the Order of Business proper.

Barr
Roinn