It is proposed to take No. 8, the Air Navigation and Transport (Amendment) Bill, 1997, Second Stage (resumed); and No. 9, statements on the 1996 Annual Report of the Ombudsman (resumed).
Order of Business.
I want to ask about the implementation of legislation but, before doing so, let me say we are fortunate that today we are not mourning the deaths of many young people in a very serious accident yesterday. When is it proposed to implement the Control of Horses Act which was passed in this House some considerable time ago? Is the Taoiseach aware that county councils in the Dublin area cannot implement that Act because they do not have the resources to do so? Also, can he tell this House what initiatives are being taken as a result of the summit he held a fortnight ago dealing with traffic and road accidents, and what aggressive advertising campaign is he proposing the Minister for the Environment should involve himself in, in view of the fact that so many people are losing their lives on our roads and that so many are involved in accidents? Nothing is being done by the Government. We are waiting for the Government to do something, and every morning we hear another litany of accidents, deaths and injuries on our roads.
I support Deputy Owen's remarks. Given what happened yesterday it behoves the Taoiseach to bring before the House proposals from the Government. Yesterday morning I again raised the continuing concerns about road traffic accidents. It behoves the Government to introduce proposals to deal with this matter. A strong message from the Taoiseach and the Government is warranted to stop the mayhem on our roads. I urge the Taoiseach to make a statement or to provide time for the House to address this matter.
We could be mourning the deaths of dozens of children this morning following the near catastrophe yesterday. The House went to much trouble to put in place a Control of Horses Act, which had been demanded for many years by those concerned about the welfare of horses and the dangers posed by animals running loose in housing estates, close to roads and built up areas. Will the Taoiseach urgently bring together the county managers of the major urban areas where uncontrolled horses are a serious problem to find out why the Act has not been implemented? He must ensure that the by-laws are in place and managers have the resources to deal with this matter. This must be done urgently because near misses occur daily in my area and in Cork, Limerick and other urban working class areas where horses are uncontrolled.
(Dublin West): Is the Taoiseach aware that parents groups have expressed concern for some time regarding the need to introduce regulations to govern large numbers of pupils on buses? Regulations are needed to require bus operators to provide safety belts for every passenger and proper supervision of large numbers of school children on buses to ensure the risk of injury or death is minimised if a mishap occurs.
Thankfully, a tragedy did not occur yesterday and I acknowledge the efforts of the Garda and the rescue services who assisted the young people. It was undoubtedly a close call and on behalf of the House I express sympathy to the many people who regrettably suffered severe injuries.
Regarding the circumstances of the incident, as Deputies are aware it is not entirely clear whether horses were involved or how the accident happened. Investigations are continuing in that regard. Regarding the points made by Deputy Spring and Deputy Owen, the initiative which began a number of weeks ago of bringing together all the groups and bodies involved in road safety must be pursued with vigour. That will be the case and whatever is necessary will be done. There will be a pre-Christmas advertising campaign and ongoing road safety programmes but they are not enough.
They are not enough.
I do not make that point just in relation to yesterday's events.
The control of horses legislation has, by and large, been implemented. From my experience, it is being implemented on the ground to a greater extent than heretofore. There is a major problem in terms of resources and the microchip tagging which is an essential element. I raised this issue recently with the Department of Agriculture and Food to ensure that the difficulties surrounding microchip tagging are overcome. There is also a problem regarding local authorities and the Garda working together to confiscate horses. Many Deputies are familiar with the difficulties which arise when animals are confiscated and placed in pounds. It is intolerable that when horses are confiscated by the local authority or the Garda and brought some miles away, they are released again almost without difficulty. That has happened for the last two years, and I have pursued it with the relevant authorities.
Several Members mentioned school transport. Although yesterday's incident did not involve normal school transport, the Minister for the Environment and Local Government is already examining the issue of seatbelts and safety, and the Minister of State at the Department of Education has been examining other aspects of school transport in the context of a current review of that issue.
What will the Taoiseach do?
Can we reflect on the mood in this House if one child had lost his or her life yesterday, never mind dozens? We came near to that. I remind the Taoiseach that while there are wider questions regarding coaches and belts as well as implementation of the Control of Horses Act, 1996, there is a more immediate problem. Yesterday my office was in contact with South Dublin County Council about horses roaming the Lucan area adjacent to the motorway. I was speaking to a council official an hour before this accident occurred, pointing out the danger of something that later happened. We must have immediate action about the horses that were roaming Lucan this morning and which were referred to by "AA Roadwatch". The tragedy narrowly averted last night must not happen today or tomorrow while South Dublin County Councils and other local authorities are sitting on their hands.
Where is the Minister?
The Taoiseach is aware of how Members feel.
Where is zero tolerance?
I go home via the Lucan Road to Celbridge, and a black horse, which was very hard to see at night, was killed on that road by a car. I do not know if anyone was injured in that crash, but horses are frequently seen on that road. All sides of the House share the anxiety about this matter and we would like to see greater enforcement of the Control of Horses Act.
A Minister should be appointed.
I thank the Taoiseach for his answer, but we have not been told what will happen. As the Estimates have not been published, will the Taoiseach instruct the Minister for the Environment and Local Government, who is silent apart from when he is trying to spread rumours——
(Interruptions.)
This is a campaign speech.
If a number of deaths were caused in any other area of policy, we would have an urgent debate and take initiatives. Between 400 and 500 people die on our roads every year and the Minister for the Environment and Local Government does not seem to be taking responsibility.
Is the Minister for Justice, Deputy "ZT" O'Donoghue, or the Minister for the Environment and Local Government in charge of taking initiatives in this area? Can both Ministers ensure that their Estimates provide funding to local authorities to erect the required road safety features?
Deputy Owen did not do so in office.
To have a group of women patrolling Tallaght at present to prevent accidents is untenable. Will the Taoiseach ensure that funding is provided in the Estimates for local authorities to carry out road safety measures?
The Taoiseach indicated that he understood the Control of Horses Act was being implemented. To my knowledge, it is not being implemented effectively. Deputies, particularly those from urban areas, can cite instances where horses wander in herds and where old people are unable to leave their houses in some estates because they are in fear of life and limb because of the lack of control over these horses. Yesterday we avoided an appalling tragedy by the skin of our teeth and we should learn a lesson from that. We should call in the managers of these councils and demand to know why the legislation is not being implemented and what action is needed, otherwise we will find ourselves mourning a major tragedy in one, two or three months' time.
In response to Deputy Currie, I was told horses were impounded in the Lucan area this morning but I do not know if they were the same ones.
They did not impound the horses yesterday when I complained.
As regards what Deputies Owen, De Rossa, Spring and Higgins said, powers exist under the Control of Horses Act but the will must also be there. Despite what almost happened yesterday, which may or may not have involved horses, the Minister for the Environment and Local Government and the Minister for Justice, Equality and Law Reform have urged the implementation of these powers. This problem has gone on for several years. Deputy Owen will know that the legislation was enacted during her term when unfortunately little was done.
Some £2 million was provided.
Rather than argue about it here, the Control of Horses Act must be fully implemented by the Garda and the local authorities, which is what this Government wants.
Zero tolerance for wandering horses.
Will the Estimates be published next week and will the Taoiseach arrange a debate in the House?
The Estimates will be published on Wednesday and will be debated in the House.
Will legislation or a constitutional referendum be required to reconcile the treaty on the United Nations Convention on the Rights of the Child with the Constitution given that the Government compliance report, which goes before the UN in Geneva in January 1998, says parts of the treaty are unconstitutional? The Government has failed to inform the public about the treaty. Will the Dáil have an opportunity to debate it before the January deadline?
Advice is awaited from the Attorney General. When we receive it, we will make the position clear.
I raise the position of the Eighteenth Amendment of the Constitution Bill initiated in the House on 1 October to give 20,000 citizens the right to nominate a presidential candidate. Second Stage was passed and it is now a question of when we will take Committee Stage. in view of comments made in relation to the cabinet confidentiality Bill, will the Taoiseach consider taking this Bill in Government time rather than at a select committee so that we may get the job done as quickly as possible?
It is a matter for negotiation between the Whips. It would not be advisable for the Bill to be rushed through.
It should be taken in the House rather than at a select committee.
The constitution review group which has looked at many of the matters would be the best committee to consider this Bill before we make a final decision. As the Deputy is anxious to press this Bill, the Whips can discuss how best to move it to Committee Stage.
The difficulty is that the all-party Oireachtas Committee on the Constitution does not have the powers of a select committee and could not, even if it wanted to, deal with this Bill on Committee Stage. I suggest that it be dealt with in the House. All Bills amending the Constitution should be dealt with openly and with sufficient time for debate. Like all constitutional amendment Bills, this Bill should be dealt with in the House and sufficient time provided for an open debate.
What legislation has the Taoiseach in mind arising from the Law Reform Commission's report on the Unidroit Convention on Stolen or Illegally Exported Cultural Objects? Part of the report's commentary deals with the illegal export of antiques and stolen property. Does the Taoiseach intend implementing the proposal in chapter 9 that the Minister for Arts, Culture, Gaeltacht and the Islands be nominated as the person to whom citizens report stolen objects?
Has the Taoiseach resolved, in the context of the legislative programme, the issue of literary objects? Will they be covered by separate legislation or by the copyright legislation which is included in the Government programme? Does Ireland propose, on foot of the strong case made in the Law Reform Commission's report, to sign the convention?
The report will be examined to see what legislation is required. The Law Reform Commission clearly believes that legislation is required in this area. If the State is losing valuable antiques and assets we should deal with the matter. It seems from a brief look at the conclusions of the report that more than one Minister will be involved. On whether we will sign the convention, I will let the Deputy know the position.
I appreciate the Taoiseach's positive reply but he has not answered the vexed question on whether literary objects will be covered by copyright or other legislation. The question of who should resolve this matter has given rise to tension between Departments. Will literary works, intellectual property, be dealt with separately from the regime governing information technology which is the responsibility of the Department of Enterprise and Employment and which has a heavy United States influence? A separate regime is needed to protect the rights of writers and artists.
I will look at the Deputy's point. The legislation produced by the Department of Enterprise and Employment contains 400 sections and it will take a considerable time to debate. I will look at the Deputy's suggestion that we deal with the issue of literary objects separately.
Some weeks ago the Taoiseach told us that the local government funding Bill would be brought before the House in November. Given that local authorities have begun consideration of their annual Estimates, when will the Bill be brought before the House? Will he give an assurance that it will be introduced before local authorities conclude consideration of their estimates for 1998?
The key point is that the legislation will not delay the Estimates one way or the other. The Deputy should be aware of that and should not use it as an argument. The legislation is in the final stages of preparation and while I still hope it will be introduced in November it might drift into December.