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Dáil Éireann díospóireacht -
Thursday, 13 Feb 1997

Vol. 474 No. 8

Order of Business.

It is proposed to take the report from the Select Committee on Legislation and Security on the Decommissioning Bill, 1996; No. 12 — the motion concerning the Preparatory Commission for the Comprehensive Nuclear Testing Ban Treaty Organisation; No. 13 — a motion concerning the approval of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices; No. 14 — a motion concerning the European Convention for the Protection of the Archaeological Heritage and No. 20 — Financial Motions by the Minister for Finance. It is also proposed, notwithstanding anything in Standing Orders, that Nos. 12 and 13 shall be moved and debated together and the following arrangements shall apply: the proceedings thereon, if not previously concluded, shall be brought to a conclusion after one hour by one question which will be put from the Chair. The speeches of the Minister or the Minister of State, of the main spokespersons for the Fianna Fáil Party and the Progressive Democrats Party and of each other Member shall not exceed ten minutes in each case. Members may share time and the Minister or the Minister of State shall be called upon to make a speech in reply which will not exceed five minutes. The proceedings on No. 14, if not previously concluded, shall be brought to a conclusion after one hour and the following arrangements shall apply: the speeches of the Minister or the Minister of State and of the main spokespersons for the Fianna Fáil Party and the Progressive Democrats Party and of each other Member shall not exceed ten minutes in each case. Members may share time and the Minister or Minister of State shall be called upon to make a speech in reply which will not exceed five minutes.

There are two matters to put before the House. Is the proposal for dealing with Nos. 12 and 13 agreed? Agreed. Is the proposal for dealing with No. 14 agreed? Agreed.

Will the Taoiseach join me in expressing, on behalf of the Members of the House and the nation, our utter repudiation of the senseless and brutal murder of a soldier last night in Bessbrook, which only further endangers peace on this island? Does the Taoiseach agree that it is long past the time when Sinn Féin should show political leadership and declare whether it is seriously interested in a peaceful settlement and whether it will ever play a useful part in the ongoing talks?

I condemn the outrage committed in Bessbrook by the IRA. This murder is anti-Irish and antithetical to the interests of all Irish people. It is an expression of something we wish to eradicate from our society, the use of violence to achieve political ends.

The ending by the IRA of its ceasefire was a profound mistake. During that ceasefire of 18 months tremendous progress was made. A forum was established to allow republicans an input to political dialogue. There were numerous meetings for republicans with the Irish Government, the British Government and the Government of the United States. The report of the international body was published which resulted in the removal of the Washington Three precondition. After the ceasefire ended a fixed date, which had long been sought, for all-party talks was achieved. Those talks opened and the only reason republicans were not represented at them was because the IRA insisted on continuing its campaign of violence which has brought so much hardship and failed so miserably in its objectives over 25 years.

I join with the Taoiseach and the Leader of Fianna Fáil in condemning the outrageous murder of Stephen Restorick. The leader of Sinn Féin described it as a tragic event and spoke about it as if it was something that was bound to happen, but it was not bound to happen. Somebody pulled the trigger and carried out a cold-blooded murder. It is time we sent a message to that movement which believes the only method of communication is through the barrel of a gun. The Government and its officials should slam the door on Sinn Féin until the IRA ceasefire is fully restored. We must ensure that politicians seize the initiative and leave the men of violence trailing in their wake. We must prove the talks can work. We must ensure we create a partnership society in Northern Ireland.

On behalf of my party, I extend to the family of the late Stephen Restorick our deepest sympathy. This murder will outrage every decent-minded person, North and South. Nobody who respects democracy or believes in peace can for one moment condone what happened last night.

I am sure the Taoiseach saw reports — there is one in this morning's media — about the number of recent suicides. It has been stated by one of our most eminent professors of psychiatry that there has been no comprehensive report on that matter since 1974. Will the Government examine this matter? The figures have increased year after year and it is an area that merits radical reform. Perhaps a report should be carried out since those in the profession believe that is the correct thing to do.

The matter should be related to legislation promised.

I hope, if there is a report, it will lead to legislation.

Suicide is the ultimate tragedy not only for the person concerned but for the family and loved ones who are so violently and permanently affected by the decision of the person to take his or her life. A task force has been established to report on the causes of suicide in Ireland. It has presented an interim report and a final report is awaited.

It is important to recognise that a solution to the problem of suicide will not be found solely in official action or communications. The profound loneliness and isolation felt by many young people in society at present is linked to social changes such as urbanisation which cuts people away from the supports that may have helped them in the past to overcome crises in life. It is important to recognise that loneliness, a sense of being alone and not being able to comprehend the world or to master one's life and destiny, is at the heart of the reason for suicide. That requires everybody in society to be understanding and to change the way we live so that people will not take this desperate and destructive act.

We read in today's papers that the Cabinet has decided to set aside the planning laws in the interests of Esat. Will the health and safety aspects of the antennae be taken into consideration? Will planning permission no longer be required? It is suggested in a Government press release that existing masts as well as Garda masts will be exempted from planning permission. Does the Taoiseach plan to bring in legislation to change the position?

I disabuse the Deputy of the notion that this is Question Time; it is not.

The Minister stated yesterday that he will change the law. That is a matter for legislation.

I would prefer if the Deputy would quote the legislation.

He said previously in the House that there would be no change and no allowance made for the antennae.

The Deputy should raise that matter in another way. There are many procedures open to him to do so.

It is a matter under the planning and development Acts and the Government is changing these Acts.

The Deputy is telling me that rather late in the day.

Masts in residential areas will be affected. In my constituency there is a mast in the middle of a residential area and I want to know why there is no change in the law.

The Deputy should please resume his seat. The matter is not in order now.

Will the Taoiseach reply?

No, he may not.

This is a matter of legislation.

The Deputy should quote the legislation.

The planning Acts. The Minister made a statement last night——

The Deputy is seeking to circumvent the ruling of the Chair and I will not tolerate it.

The 1963-96 planning laws are being flouted.

The Deputy has said enough on the matter.

The Minister said last night that he plans to override the wishes of residents' associations that are concerned about their areas.

Deputy Woods should please desist.

This is a very serious matter. One has only to look at the papers this morning to see what the Minister is doing.

Will the Taoiseach give an undertaking that under the Fianna Fáil Private Members' Bill, the Child Pornography Bill which is currently before a committee, or under the Children Bill, the Government will act quickly to deal with the position where in Dundalk District Court yesterday a person was convicted and fined only £250 for solicitation of a 16 year old boy. The judge said it was an insult to society.

The Deputy is raising a particular matter.

This is a serious incident and this practice should be stamped out quickly. Rather than wait for the Children Bill, a comprehensive Bill which will take some time to pass, will the Government amend the Child Pornography Bill to give immediate effect in this regard?

It is the Government's intention to bring into law at the earliest possible opportunity the Children Bill which is currently before the House. This comprehensive legislation, in an area where legislation has not been reformed since 1908, has been promised by successive Governments since the mid-1970s and I am glad this Government will pass it into law after a delay of 20 years.

That is a false statement.

I compliment the Minister of State, Deputy Currie, on being able to do the job which his predecessors failed to do. I acknowledge the validity of the concerns expressed by Deputy Ahern and assure him that issues concerning child pornography will be dealt with comprehensively. Concerns expressed on a radio programme this morning about issues that cannot be prosecuted will be dealt with in the legislation and the amendments to it, which the Government will carry through.

Perhaps when the Taoiseach is talking to Deputy Currie——

The Minister of State.

It is difficult to get used to it.

It will be so short-lived that I do not intend to get used to it.

Deputy Finucane will never have that problem.

In reply to an Adjournment debate on 5 December 1996 the Minister of State, Deputy Currie, said that a condition of any agreement that might be reached with Esat would be that its use of Garda sites would be permitted——

The Deputy is taking a liberty on the Order of Business that is totally unjustified. I must ask him to desist forthwith.

I am raising the question of misleading the House.

If Deputy Dempsey is serious in making an allegation against a Member of this House, he must do it in a more formal manner, not by innuendo across the floor or by an allegation of that kind. He should find some other way of dealing with the matter.

I have another matter to raise and I cannot think of any more formal way of raising it than on the Order of Business. On promised legislation, does the Government intend to address the serious anomaly and blatant discrimination perpetrated against rural communities by the Minister for the Environment in the forthcoming legislation he has promised this House? The Minister has created a serious anomaly——

The Deputy need not make a speech. That is quite adequate.

The Deputy will be able to raise these concerns in the course of the discussion on the legislation which is before the House and I invite him to do so. I know the Minister is considering the matter.

Will it be addressed? I do not want any smart answers.

The Minister for the Environment's decisions in regard to masts ensure there are a smaller number of locations for masts thereby enhancing the environmental situation.

They will evade the planning laws. Talk about cosy cartels. The money put into the Wicklow by-elections by Fine Gael is paying off now.

A blockade of Irish hauliers has occured for the second time in a number of months. Will the Taoiseach ask the Minister for Foreign Affairs to intervene immediately in this serious problem which seems to occur with increased frequency on the Continent? Do we have any power with our EU neighbours?

That matter is not appropriate to the Order of Business but I hesitate to rule on the matter should the Taoiseach wish to intervene.

I take note of the Deputy's point and I will bring it to the attention of the Minister for Foreign Affairs. It is not an appropriate matter for the Order of Business.

When will the Credit Union Bill come before the House for Second Stage debate?

Next Thursday.

Next week.

The Deputy wants to know about the inadequate Credit Union Bill.

Are legislative or non-legislative proposals being considered as a response to a major strategic report on the economy by Forfás in 1996?

The Deputy has asked a good question. It should be tabled.

The Finance Bill, the budget and a range of other measures since this Government took office have contributed to there being 100,000 more people at work than there was when the Deputy's party was last in office. That progress will continue with this Government.

The Government has Ministers who applaud law breaking.

Under legislation promised yesterday by the Minister for the Environment, when will the changes to the Planning Acts take place? The Minister made a public announcement that the Planning Acts would be changed to facilitate those involved in fixing antennae to existing masts.

That matter would be more appropriately put as a question.

It is promised legislation. The Taoiseach has promised to change the planning Acts.

It would appear the Opposition party is opposed to competition in the telecommunications area.

We are in favour of planning.

That is a foolish policy to adopt and indicates general antipathy to competition——

There should be equal treatment for everyone before the law, no matter who they are.

——in favour of monopolies which is not particularly to their credit.

(Interruptions.)

The shouting should cease.

However, any legislation necessary to ensure we have the minimum number of masts——

The Taoiseach has made a cosy deal with his friends.

——and the minimum environmental disturbance for people — which is the object of the Minister's decision in this matter — will be introduced.

The Government is flouting the public right to planning.

Planning legislation will be before the House in the first half of this year. If changes are necessary, that will be the vehicle used.

We have asked for that for the past 20 minutes.

The Government is unilaterally reinterpreting the planning laws to extend existing masts.

I did not call Deputy Woods. I call Deputy Lenihan.

It is outrageous.

It is a matter for the Order of Business.

I take it Deputy Lenihan does not want to respond to the Chair.

On the recent High Court case where a matter was dismissed because of the publication of a photograph in a newspaper, has the Government any proposals to reform the law on contempt of court in accordance with the report of the Law Reform Commission?

I will revert to the Deputy on that matter. The position is one I would wish to study with some care. There are, as the Deputy will be aware, proposals for courts legislation which will be before the House in the first half of the year. That is mainly to do with organisational matters affecting the courts. I will investigate what the Deputy has said. It is an issue of some concern but I do not wish to be drawn into making a premature comment without study.

On the proposed legislation to which the Taoiseach referred, does he not accept that he will intensify the problem rather than solve it?

Perhaps the Taoiseach can tell the House whether the Minister for Health will carry out an investigation into the proposed consequences of the extra antennae being placed in major blocks?

I do not want to be disorderly but can I ask the Taoiseach——

I have had enough.

You will have to put up with me for another while, a Cheann Comhairle.

Will the Taoiseach instruct the Minister for the Environment to refer those regulations to the appropriate committee before they are passed unilaterally?

The Government is riding roughshod over the planning laws.

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