Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 12 Feb 1998

Vol. 487 No. 2

Order of Business.

It is proposed to take No. 1, Central Bank Bill, 1997, Order for Second Stage and Second Stage; No. 2, the Roads (Amendment) Bill, 1997, Order for Second Stage and Second Stage; and No. 22, statements on aviation policy, to be taken at 1 p.m. and the order shall not resume thereafter. It is also proposed, notwithstanding anything in Standing Orders, that business shall be interrupted at 11 a.m. to observe two minutes of silence for peace, and business shall resume thereafter; and that the following arrangement shall apply to No. 22 — the opening statements of the Minister or Minister of State and of the main spokespersons of the Fine Gael Party and the Labour Party shall not exceed 30 minutes in each case, the statement of each other Member called upon shall not exceed 20 minutes in each case, Members may share time, and a Minister or Minister of State shall be called upon to make a statement in reply which will not exceed 15 minutes.

There are two proposals to put to the House. Is the proposal to observe two minutes of silence for peace agreed? Agreed. Is the proposal for dealing with No. 22 agreed? Agreed.

As we may not have an opportunity to discuss this before events develop adversely, has the Taoiseach considered asking the British Presidency to convene a meeting of the Council of Foreign Ministers of the EU to see if it could assist in finding a diplomatic solution to the events unfolding in and in relation to Iraq?

I have not asked for such a meeting but, as I said during the week, our position is that any decisions on this matter must be made by the Security Council and we have conveyed that position to the British Presidency through the Minister for Foreign Affairs.

Does the Taoiseach propose to appoint a Minister of State with responsibility for European affairs?

The Minister for Foreign Affairs deals with all European matters.

Does the Taoiseach not consider it rather sad that at the last meeting of the General Affairs Council, on Monday 26 January, there was neither a Minister nor a Minister of State representing the Irish Government? This is not a criticism of the people involved, who have a heavy workload in Northern Ireland. Since the Government made a decision to assign additional responsibilities to the Minister of State, Deputy Fahey, would it not consider the lack of coverage of European issues caused by the allocation of responsibilities?

This is a matter for a question, not for the Order of Business.

Is the Taoiseach agreeable to having a debate on events in the Gulf next week and is he prepared to take questions on the subject on Tuesday or Wednesday next week?

I understand Deputy Rabbitte, the Whip of the Deputy's party, raised that matter last night and the Government Whip agreed to it. I do not know whether the time has been agreed but it can be worked out.

I understand the debate may take place on Thursday, but is the Taoiseach prepared to take questions on this issue on either Tuesday or Wednesday?

If questions are put down in the normal way and they are in order, they will be taken.

Will the Taoiseach give an undertaking that the questions will not be transferred to the Minister for Foreign Affairs?

If they are appropriate to his Department they will be taken by that Minister. On at least three occasions this week I have answered questions which were out of order, but that seems to be the way at present.

The Taoiseach has a short memory.

Will the Taoiseach make time available to debate the Road Traffic Reduction Bill, 1998, given the huge concern about the level of traffic on our roads? When will we debate the Plant Varieties (Proprietary Rights) (Amendment) Bill, given the widespread concern about genetically modified crops and the expression of concern by a member of the Food Safety Authority about trials by Monsanto?

The Plant Varieties (Proprietary Rights) (Amendment) Bill is awaiting Second Stage. The Road Traffic Reduction Bill is a Private Members' Bill so it will be taken in Private Members' time.

My party does not have Private Members' time so I am asking the Government to make time available for it.

Will the Taoiseach clarify the position of the Equal Status Bill, which ran into constitutional difficulties? Will he introduce a constitutional change to permit people with disabilities to enjoy the rights to which they are entitled?

As I understand it, the criticism was that the two Bills were taken together. They will now be taken separately, which seems to be a satisfactory arrangement. No constitutional amendment has been suggested but the all-party committee can look at it if necessary.

Am I not correct in saying the Supreme Court struck down those Bills on the grounds that it was an infringement on the rights of businesses to ask them to make reasonable accommodation for persons with disabilities? It is clearly the view of the House that provision should be made for making reasonable efforts to accommodate persons with disabilities.

We cannot discuss this in detail on the Order of Business.

It is Government business.

It cannot be discussed in detail. The Deputy may only ask when the measure will be before the House.

When will there be a constitutional amendment to permit the enactment of legislation which is clearly wished for by the House?

Does this relate to promised legislation?

Yes. The Government will endeavour to ensure the legislation is in line with the Constitution. Any difficulty arising will have to be examined but we maintain that our legislation has got over the difficulties.

As we are getting different dates for the publication of the Green Paper on abortion, will the Taoiseach state if he will be able to deliver on the June deadline which was set at the time of the announcement of the Green Paper? In regard to the report on abortion which has been sitting on the Taoiseach's desk since December——

This matter could be raised by way of parliamentary question; it is not a matter for the Order of Business.

We have been waiting——

I suggest the Deputy table a parliamentary question.

It relates to a promised Green Paper.

The appropriate way to raise the matter is by way of parliamentary question. I call Deputy John Bruton.

I ask you to reconsider as the matter relates to a promised Green Paper on abortion.

The appropriate way to get the information the Deputy requires is by tabling a parliamentary question.

I tabled parliamentary questions but got two different answers.

The Chair has ruled on the matter. The Deputy has plenty of opportunities to table a parliamentary question seeking the information she requires. There is no point in having a Question Time if every question is raised on the Order of Business.

Ceann Comhairle——

The Deputy should resume her seat. I have called Deputy John Bruton.

Presumably, this report will be covered by the Freedom of Information Act enacted by our Government. What is the position in regard to the Administrative Procedures Bill, which is related to the Freedom of Information Act? Will the Bill be enacted before the Freedom of Information Act coming into force so that the two can work in tandem?

As I understand it, that Bill will not be ready until later this year.

What is the reason for the delay?

There is a question of bringing forward an Ombudsman (Amendment) Bill. Both Bills will be introduced at the same time.

I hope the best does not become the enemy of the good in this matter.

Since it is 24 weeks since the file on Charles Haughey's attempts to delay the workings of the McCracken tribunal was sent to the DPP's office——

That matter does not arise on the Order of Business; it is not a matter of legislation.

Does the Taoiseach propose to review the operation of the DPP's office or to provide it with extra staff so that these matters can be dealt with in a reasonable time frame?

Is legislation promised in this regard?

Does the Taoiseach have any proposals to contact RTE about its coverage of proceedings in this House, which is obviously no longer considered family viewing since "Oireachtas Report" is now scheduled for 2.30 a.m. tomorrow? Having regard to the considerable amount of funds expended——

It is for insomniacs.

——setting up the Oireachtas broadcasting unit, perhaps the Government Whip or the Taoiseach might take some action on the matter.

The Deputy should raise that matter in the appropriate way. I call Deputy Michael D. Higgins.

There might be a message in that for us.

Tales of the unexpected.

(Interruptions.)

Why has there been such a delay in publishing the Private Colleges Bonding Bill, which was promised some time ago? When the Minister was in Opposition one got the impression it could be published within 12 hours.

I stated last week that the heads of the Bill were being prepared in the Department. The Bill, which is to provide financial and academic protection for students in private third level colleges, is at an early stage of preparation.

When it was introduced it was suggested it was a matter of urgency to address colleges where students had been thrown out onto the street and their contracts broken. These colleges will soon be advertising for the coming year and will parents and students be afforded any protection? If, as the Taoiseach said, it is at an early stage of preparation what happened to the urgent need? Will it appear before Easter or summer?

Which Easter?

Maybe it is a millennium problem.

Which millennium?

(Mayo): I appeal to the Taoiseach to prioritise the Attachment of Earnings Bill, particularly in light of the figure cited in the House on Tuesday that 6,000 people were arrested and jailed last year for not paying fines or civil debts? That required the time of 12,000 gardaí and the use of Garda patrol cars, taxis and so on. Given that a simple, straightforward, pre-scriptive Bill would deal with this problem, will the Taoiseach promote this legislation from the “also ran” category to the list for this term?

As I stated recently, this Bill is at a preliminary stage of examination. However, attachment of earnings legislation would only change the level of prison occupancy by less than 1 per cent.

The Housing (Traveller Accommodation) Bill has been promised repeatedly. Will the Taoiseach indicate the precise date when it will be published?

It is imminent.

Some £4.5 million of investment and a hundred jobs in the west are awaiting the enactment of a Bill in this House. The Taoiseach removed this brief from his Department and gave it to the Department of Agriculture and Food. When will the Western Development Bill come before the Dáil? The delay in this legislation is holding up projects and job creation, and if there is one thing we need in the west——

The Deputy cannot make a speech on the matter.

Will the Taoiseach bring this Bill before the House next week?

I hope the Bill is not holding up any job announcements. There has been a number of job announcements in the west and I hope there will be more. The Bill will be ready in the summer.

In regard to the legislation on copyright and related rights, the Taoiseach is aware we are being threatened with legal action by the World Trade Organisation. Is he prepared to bring forward the computer software part of that copyright legislation? Why has there been such an inordinate delay, given that the Department of Enterprise, Trade and Employment has such a small list of proposed legislation?

When will the Taoiseach bring forward the legislation on the proposed amalgamation of the Irish Trade Board, Forbairt and a section of FÁS?

The matter to which the Deputy referred is being resolved and the Bill will be ready in the summer.

Which summer?

The Bill on copyright and related rights will be ready this summer. The legislation on the amalgamation of the organisations will be ready after Easter.

Is it the Government's intention to set up a board or compensation tribunal to deal with the Army deafness compensation cases?

When will the prison services Bill be published?

It will be published early next year.

Some time ago on the Order of Business the Taoiseach indicated to me that he did not have a closed mind on the re-establishment of the Cabinet subcommittee on Sellafield and the Irish Sea. In the light of the most recent accident at Sellafield, has the Taoiseach come to a conclusion? Will the Government re-establish that important committee to co-ordinate Government action against the continued threat to this country from the British nuclear industry?

I considered the suggestion and we will re-establish the subcommittee.

I understand the Finance Bill will be published this afternoon. Will it be distributed to Members before the Minister's press conference?

It used to be distributed simultaneously.

As usual, it will be distributed to the Opposition spokespersons before the press conference.

Members may be briefed by Deputy Noonan.

Deputy Cowen has a different view of life.

Members should get important legislation at least at the same time as the media receive it. I would have expected the Bill would be distributed before the press conference. Is there not a question of privilege in the House? May I have a simple commitment that the Finance Bill will be distributed to Members prior to the Minister's press conference?

I will check with the Minister for Finance. I understood such Bills were published in the morning and the remaining data later and that Opposition spokesperson always got the data beforehand, but I will check.

I had the privilege of hearing two very searching RTE interviews, one with the Taoiseach on Manchester United and the other with the Minister for Finance about growing up along the banks of the canal. Will the Taoiseach consider Deputy Flanagan's reasonable question on why "Oireachtas Report" should be relegated to a slot for drunks and insomniacs by RTE? Does the Taoiseach have a view on what is a serious question?

I sympathise with Deputy Flanagan's request and I understand the broadcasting committee of the House will consider this question. I will lend my support to any efforts to televise the programme earlier because I understand it had a good audience when shown earlier.

As part of the fast track prison building programme of the previous Government, 55 prison places were created in the extension to Limerick prison. The Minister for Justice, Equality and Law Reform engaged in much fanfare before Christmas so will he confirm when the first prisoner will occupy one of the 55 places?

That matter is not appropriate to the Order of Business.

I do not know if the Taoiseach had a chance to read the press release issued by one of his backbenchers, Deputy Hanafin, in which careful attention is given to the question of tribunals. In the light of the reasoned point made very eloquently by her, will he indicate when we will deal with the motion to commission and bring into effect the Compellability of Witnesses Act which would enable the House to undertake some of the inquiries to which her press release referred? We set up the subcommittee, there is no reason we cannot commission this Act now and I earnestly request the Taoiseach to do so. We witnessed an unseemly about turn on a non-judicial inquiry into the swimming issue. It is time to bring this legislation into effect.

I agree and that is the reason we set up a compellability committee which must prepare guidelines that must be passed. I understand that will not take too long. The House will then enact them. There is no reason we cannot move speedily.

The Bill should be brought into force now.

It is an important matter. The Act states we must have guidelines and we set up the committee which must prepare guidelines in compliance with the Act. I understand that may be done next week and then we may do as Deputy Quinn asked.

Who will be responsible for drawing up these guidelines?

The compellability committee will draw up the guidelines.

It is a subcommittee of the Dáil.

Who will have responsibility for convening that committee?

The Whips and the Clerk of the House.

I accept what the Taoiseach said but I would prefer if the Act was formally commissioned. However, his proposal to draw up guidelines first and then commission it is a similar way to get to the same destination. I give notice to the Taoiseach that we will return to this matter if the guidelines are not completed within a fortnight.

For many years all parties have made commitments to abolish ground rents. The Taoiseach's party in its most recent period in Opposition produced a Private Members' Bill seeking to do so for the umpteenth time. Each time Fianna Fáil returns to Government, it discovers there is a constitutional problem with the issue.

Why did the Deputy's party not introduce a Bill when in Government?

Where stands the commitment on a ground rent Bill to abolish ground rent? What are the constitutional difficulties, if any? When does the Taoiseach expect this Bill to be brought before the House?

The ground rent legislation passed by my colleagues over the years has done away with an enormous amount of ground rent. There are constitutional difficulties with the remaining parts and there has been some debate about it. When in Opposition we endeavoured to get over it but the matter is still being examined.

It is now February 1998. When may we expect to see the Bill promised in the programme for Government?

I cannot indicate when it will be introduced because of the constitutional difficulties. As soon as we reach a conclusion, I will inform the Deputy.

The Bill produced by Fianna Fáil in Opposition is precisely that which was produced by other parties in previous years. Surely, over the years the constitutional issues which are claimed to be an obstacle to the abolition of ground rent should have been well teased out. The Bill should be ready for publication.

There are still constitutional difficulties with the Bill and we cannot proceed with it until they have been removed.

Barr
Roinn