It is proposed to take No. 1, Local Government (Planning and Development) Bill, 1997, Second Stage (resumed), and No. 2, Roads (Amendment) Bill, 1997, Order for Second Stage and Second Stage. It is also proposed notwithstanding anything in Standing Orders that Private Members' business shall be No. 38, motion re Ansbacher Accounts (resumed) and it shall be taken directly after the Order of Business. Notwithstanding Standing Order 34(6), questions to the Taoiseach on Northern Ireland and any supplementary questions which may arise thereon may be taken on Tuesday next and, if not concluded, may be carried over to the appropriate time on Wednesday.
Order of Business.
There are two proposals to be put to the House. Is the proposal for dealing with Private Members' business agreed? Agreed. Is the proposal for taking questions on Northern Ireland next week agreed?
Is it intended that, following the Taoiseach's replies to questions, there should be a debate on Northern Ireland next week?
Yes. The Whips agreed last night that there would be a debate of up to two hours on Wednesday and that that would cancel questions on Northern Ireland in the normal understanding of Standing Orders. This motion is to ensure that questions will be taken on Tuesday and Wednesday in the normal fashion. To confirm what Deputy Bruton has said, there will be a debate of up to two hours by party leaders on Northern Ireland.
Notwithstanding the Taoiseach's reply to the last question, it is nevertheless imperative we address at the earliest opportunity the issues raised in the questions tabled yesterday for the Taoiseach. There was a situation yesterday where a——
Will the Deputy put his question on the Order of Business, please?
Is it not within the bounds of possibility to take questions on Northern Ireland and the peace process within the work of the House today so that we do not give the sense of relegating this very important subject at this critical time? It it is possible, I urge agreement that questions be taken today rather than deferring them until Tuesday.
Is the proposal for taking questions on Northern Ireland next week agreed? Agreed.
Does the Taoiseach agree there is a need to improve the public bus transport service, especially in Dublin, for people who have no other means of transport available to them? Will he ask the Minister for Public Enterprise to speed up her decision making on the issue of road transport legislation to deal with the bus service? The Minister claimed she was engaged in consultations on this subject with various organisations, but it transpired the most recent meeting took place in July 1996 and that no other meetings are planned. The Minister has no basis for delaying decisions about promised changes to the Road Transport Act, 1933, to allow a proper bus transport service, both public and private, to be instituted for people in this and other cities.
Is legislation promised in this area?
Yes, it is intended the Road Transport Bill will update and amend the Road Transport Acts of 1933 and 1986. It will be ready later in the year and work on it is continuing as a priority.
Are the heads of the Bill available to the Government yet?
No.
The Bill lapsed with the last Dáil. Heads exist but they are being reviewed.
There is no urgency about it.
Given the widespread concern surrounding allegations about the conduct of one of the four major banks and specific accounts which seem to point towards comprehensive tax evasion, will the Taoiseach indicate when the Government proposes to table the motion to give effect to the Committees of the Houses of the Oireachtas (Compellability, Immunities and Privileges of Witnesses) Act which was passed by the previous Dáil? It would allow the appropriate committee of this House, if it so chose, to inquire into the operation of these accounts and compel or ask various witnesses with information to come before the House.
I understand this matter has been discussed by the Whips and it is hoped to introduce the sections of the Act dealing with compellability. The required guidelines for these are being drafted by the Department of Finance. I believe this should be done as soon as possible.
Will the Taoiseach communicate with me as to the precise timetable envisaged by the Department of Finance and others responsible for this? The Act was passed by the previous Oireachtas and should be brought into effect so we can do the work we are elected to do.
I will confirm it for the Deputy. I was told it would be a few weeks but I will attempt to confirm that.
Given the refusal of Ryanair to accept the invitation to have the dispute with its workforce dealt with by the Labour Relations Commission, does the Taoiseach intend to take any steps to persuade Ryanair to do what almost every other company does and abide by the voluntary labour relations procedures?
Is the Taoiseach as concerned as everyone else that Ryanair's action may undermine this code? This is a matter of urgency. Will the Taoiseach indicate that, at least, he will speak with the chief executive of the company?
I was as disappointed as everyone else at what happened yesterday evening. I have stated my position in the House. The Minister of State, Deputy Kitt, has been dealing with this matter and he has spoken to all of the parties concerned. As in all disputes, both sides must eventually co-operate with each other. It would be better if they did so sooner rather than later. Third party intervention seems like a good idea.
We are not even dealing with the actual issue of dispute which the workers are seeking to resolve. The company refuses to deal with the trade union representatives appointed by the workers. This is a fundamental issue and the Government cannot remain neutral. Will the Taoiseach not indicate that the Government is likely to take stronger action to insist that Ryanair abides by the rules adhered to by virtually everyone else?
We cannot pursue this matter any further on the Order of Business.
It might be useful for the Taoiseach to have an informal discussion with the Employer-Labour Conference. I have no doubt that IBEC and ICTU may be able to persuade those involved, particularly the management of Ryanair, to adopt a more partnership-oriented approach to the resolution of this issue.
I appreciate the Deputy's constructive remarks. I assure him that the Minister of State, Deputy Kitt, has tried that and other routes over the past ten days. I have to be honest and say that he has not had much success.
(Mayo): There was general surprise that the Attachment of Earnings Bill did not appear when the Government published the list of proposed legislation for this session. This is sensible legislation which will free up much needed prison accommodation by having fines deducted at source from income. It would free up prison spaces for the likes of the individual who went on the rampage yesterday and stole a car, leading to the death of an unfortunate woman in County Westmeath. When will we see this long overdue legislation?
Is the Deputy going to put people in jail before they are convicted?
I am sure that I speak for the whole House in expressing my regret at the horrific death of an innocent person going about her everyday chores. The legislation is at a preliminary stage. However, the broader question of how the attachments can be dealt with is being examined by the Department.
Will the Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Bill come before the House soon? It was stated that this would happen. The National Youth Council has proposed that the by-elections and referendum should be held on a weekend. Is the Government considering this proposal in the light of previous experience?
The Bill will be produced in this session. The Government has not given further consideration to the date for the election. Deputy O'Dea is urging everyone to agree to weekend votes. I would welcome Members' views on the matter. I have an open mind but I am not convinced that weekend voting would increase voter turnout. Research carried out on the summer election suggests that voters used the early morning periods — there was a decline in voting in the late evening.
The Eighteenth Amendment to the Constitution Bill will give 20,000 citizens the right to nominate a candidate for the Presidency. The Bill passed Second Stage in the last session. There seemed to be some confusion as to how it would be dealt with on Committee Stage. It is a Private Members' Bill in the names of myself and Deputy McGrath. I am told that it should be referred to the Select Committee on the Environment and Local Government rather than the all-party Oireachtas committee mentioned by the Minister at the time. Will the Taoiseach arrange to have the Bill referred so that it can be passed into legislation?
I have already stated to the Deputy that the constitution review group should look at the Bill. I will look again at the matter. Is the Deputy inquiring if the Bill should go to the constitution group or to the committee?
The Bill was unanimously agreed on Second Stage. The Minister of State suggested that it would then go to the all-party Oireachtas committee. That is not a select committee so it cannot deal with the Committee Stage of the Bill. If the Taoiseach thinks that the Bill should be examined by the all-party committee we should discuss this proposal. However, Committee Stage is the next stage of the legislative process. I understand that the Bill should be referred to the Select Committee on the Environment and Local Government. These are the two options. I wish to see the Bill progressed.
I will do so. However, there are major policy issues involved. My preference would be for the constitution review group to examine the Bill. I am not over the moon about 20,000 people being able to nominate a candidate.
The Taoiseach agreed to the Bill on Second Stage.
We agreed that we should debate the issue. I do not know how many candidates we would have if we followed that system.
The Taoiseach should ask the Tánaiste.
It is a sort of ad hoc decision of the day.
Deputy Bruton had a fair few of those in his time.
The Taoiseach seemed to indicate that the Bus Regulation Bill had been introduced in the Dáil. The Bill seeks to amend the Road Transport Acts. It was not introduced. It did not lapse in the last Dáil. It was my task to prepare it and I wish my successor well. The Taoiseach may have inadvertently misled the House in stating that the Bill had lapsed. It did not.
The Bill was published.
It was not read.
The heads of the Bill are not agreed.
In reply to a Dáil question yesterday, the Minister for Public Enterprise stated that she had no idea when the Bill would be published. I am glad that the Taoiseach has qualified the Minister's indefinite statement by saying that it will be published before the end of the year.
The Deputy should not exacerbate the situation.
I wish to move the First Stage of the Children (Reporting of Alleged Abuse) Bill, 1998. It is a Private Members' Bill and is No. 12 on the Order Paper.
The Deputy may move the Bill as soon as the Order of Business is completed.
In view of the anticipated announcement in the House of Commons today to the effect that the British Government will establish an inquiry into the events of Bloody Sunday in Derry, will the Government indicate if it intends to publish the report commissioned by the previous Administration, a copy of which was sent to the British Government?
Yes, I intend to publish that report later today.
I wish to raise a matter which was raised yesterday by Deputy Michael Higgins concerning the publication of the wildlife and broadcasting Bills. On 15 October the Taoiseach said in the Dáil that he expected the wildlife legislation to be published this month. On 2 December he said he expected the broadcasting legislation to be published next month. However, neither appears in the Government's legislative programme of Bills to be published before Easter. What has happened in Deputy de Valera's Department in regard to these Bills? Why have they slipped from the legislative programme? Why was the Taoiseach given what has apparently proved to be inaccurate information by the Department of Arts, Heritage, Gaeltacht and the Islands?
I answered that question at some length yesterday. Will I repeat my answer?
The Taoiseach did not say why he gave inaccurate information.
I explained why to Deputy Higgins. The information given was in line with the understanding I received at that time. However, the Department correctly carried out a more comprehensive examination to try to take into account the developments in digitalisation which have since occurred and which continue to occur. It wants to introduce a broadcasting Bill which reflects the state of the art changes in that area. To do so will take some time and, therefore, will delay the introduction of legislation.
Digitalisation does not explain the delay in introducing the wildlife legislation.
I was referring to the broadcasting legislation.
(Dublin West): In view of the widespread concern in every area of the country over the potential health hazards of microwave radiation from mobile phone masts, will the Taoiseach ask the Minister for Justice, Equality and Law Reform to instruct the Garda authorities to put a stop to the further construction of such masts until there is widespread discussion and consultation with the relevant communities?
Is there legislation pending on the matter?
There is not, but the Minister for Public Enterprise has spent an amount of time examining and researching this issue.
Legislation is promised.
In view of the large number of cases currently before the courts and the increasing cost to the Exchequer of the compensation claims in relation to deafness among Army personnel, is the Taoiseach planning to introduce legislation to deal with this issue, apart from amending the solicitors legislation? Is the government examining the area of public liability or is it intended to introduce legislation, for example, to establish a tribunal or a board to tackle this issue?
No further legislation is planned, but the Minister for Defence has been examining all ways and possibilities of dealing with this issue. The number of claims has reached 11,500 but the potential number is far in excess of this figure. This is the cause of grave concern for the Minister and the Government.
Is a referendum on the issue of public liability being considered?
That is not something we are considering at present but the Minister for Finance is examining the issue of legislation in another area which may have some effect on this issue.
I wish to ask the Taoiseach at what stage of preparation is the fisheries amendment Bill which will reform inland fisheries institutions and management?
The Bill will be introduced later this year. Work on it is ongoing but no scheme has been presented to the Government as of yet.
Regarding the constitutional amendment concerning the Amsterdam Treaty, is it intended to have this dealt with in the House or in committee and when is it intended to discuss the issue? Has the Taoiseach decided on a date for the referendum? Will it be on the same day as the by-elections?
No date has been considered. The manner in which the debate will proceed in the House is a matter for the Whips. Hopefully the debate will commence next week.
In view of the fact that we may be on the verge of a second Gulf War, if reports are accurate, and the enormous damage that will do internationally, and the fact that we cannot predict developments if Israel is attacked as a consequence of Iraq being attacked, will the Taoiseach indicate whether the Government is taking any steps through the EU to support the French efforts to reach a non-violent solution to the conflict between the US and Iraq?
It would be more appropriate to raise that issue by means of a parliamentary question.
That may be true but the problem is that a parliamentary question will not be answered until next week by which time the war may have started. I ask the Taoiseach to indicate whether, through the Minister for Foreign Affairs, he will support the French efforts.
The Deputy should table a parliamentary question.
I simply want the Taoiseach to indicate that he will ask the Minister for Foreign Affairs to support the French efforts through the EU. A simple yes will do. It is extraordinary.
(Mayo): Ba mhaith liom ceist a chur faoi reachtaí atá geallta i leith cursaí chraolacháin i gcomhthéasc an Gaeilge agus na Gaeltachtaí. I find it hard to be convinced of the deeper consideration of digitalisation delaying the broadcasting legislation, but I believe the issue of digitalisation should be included in the Bill. Why has the Bill which will put Teilifís na Gaeilge on a statutory, independent basis and which was promised in the last session not made it to the also ran list D? Legislation concerning television coverage of sporting events was also promised in order to implement EU Directive No. 3a. The idea was that we would wait for the EU to agree on a common position and would then introduce a short Bill to implement the directive. Do people have to wait for the Bills concerning the autonomy of Teilifís na Gaeilge and for the guarantee that Rupert Murdoch will not prevent ordinary citizens from looking at major events before the broadcasting legislation is ready? We may have to wait until next year if digitalisation is only now becoming a consideration. These two Bills were specifically promised in the last session.
I have already answered the question regarding the Broadcasting Bill which will be published late in 1998 and part of that Bill will concern the establishment of Teilifís na Gaeilge on a statutory basis. The issue of sports coverage will be dealt with in separate legislation. I do not have a date for the introduction of such legislation but I understand it will be later this year.
Yesterday I tabled a question to the Taoiseach asking if he had raised the composition of the executive board of the EU Central Bank with the British Prime Minister, Mr. Tony Blair. I specifically requested that the question not be transferred. The question was transferred following consultation with the Taoiseach's Department about a conversation which, manifestly, could not have taken place between the Minister for Finance and the Prime Minister. Will the question be restored to the Order Paper?
That is not a matter for the Order of Business.
The Order of Business provides the only opportunity for me to raise this matter. I was informed, after the event, that the question had been transferred although the matter manifestly could not have been appropriate to the Minister for Finance. Following consultation with the Department of the Taoiseach, the question was transferred. I regard that not as an abuse of the Ceann Comhairle's office but as an abuse by the Taoiseach. I ask him to investigate the matter and to have the question restored.
What is the story as regards the by-elections?
That is a question for the Members' Bar.
(Interruptions.)
Does the Government intend to move the writ or is it concerned about the poll data from Limerick which indicate Fianna Fáil is in bother? Is it intended that the Government will move the writ on the by-election next week?
The Deputy will be the first to know.
The matter is not appropriate to the Order of Business.
An order of the Dáil is required to move the writ. Has the Taoiseach made up his mind on the matter or is he concerned about it? Will the Taoiseach be voting down any move to hold the by-elections? I thought the government was confident about this matter.
Will Deputy Yates be using his powers of bilocation in the run up to the by-elections?
I am not sure that it is appropriate to tell stories on the Order of Business.
On promised legislation, I listened carefully to the Taoiseach's reply when he was asked about a delay in the Wildlife (Amendment) Bill. The only answer I could ascertain was that the delay had something to do with digital technology, which is somewhat bizarre. Has the Taoiseach some information about protecting virtual wildlife by the time the Bill is introduced given the threat to wildlife which currently exists, or is there another reason for the delay?
What about the Tamagotchis?
As I have stated on previous occasions, there were 69 heads in the Wildlife Bill, although there may be far more than that eventually. This is very complex legislation and it has been worked on for many years. Many promises have been given by successive Governments and Ministers on this issue; I could quote dates promised for this legislation over a period of about four years.
The Taoiseach could give some reasons for the delay.
The Deputy is aware of the complexities involved; he, too, had to make and break promises.
When will the legislation, which was to be available in January 1998, be ready?
The Department informs me that it will be available from mid to late 1998.
I want to set the record straight. When I left office there were not just heads of the Wildlife Bill available; text was also available. The heads had been approved by Government and the text was awaiting approval. It would be inaccurate to suggest that heads had not been approved by Government.
All sections of the Bill had to be reviewed.