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Dáil Éireann díospóireacht -
Wednesday, 29 Apr 1998

Vol. 490 No. 3

Order of Business.

It is proposed to take No. 3, International War Crimes Tribunals Bill, 1997 — Order for Second Stage and Second Stage; and No. 20, Employment Equality Bill, 1997 [Seanad] — Second Stage (Resumed). It is also proposed, notwithstanding anything in Standing Orders, that Private Members' Business shall be No. 31, National Sports Council of Ireland Bill, 1998 — Second Stage (Resumed), and the proceedings on the Second Stage thereof shall be brought to a conclusion at 8.30 p.m. tonight.

There is one proposal to put to the House. Is the proposal for dealing with Private Members' Business agreed? Agreed.

May I ask the Taoiseach, as a matter of urgency, what steps the Government is taking to ensure that Friday does not become a free day for criminals?

We had a discussion on this matter yesterday.

Will the Taoiseach agree that we make laws in this House but we rely on the Garda Síochána to enforce them? If the gardaí are not available to do their work on Friday, our law making is futile. I again ask the Taoiseach what steps the Government intends to take to ensure Friday is not a free day for criminals?

Almost one hour was devoted to this matter yesterday afternoon. We cannot have a repeat of it. The matter the Deputy is raising is a repeat——

This is the place to discuss it.

This is an evolving situation. Yesterday the Minister said he hoped to meet the Commissioner of the Garda Síochána. I presume he has at last met him in the past 24 hours and that, presumably, he will provide us with the answer to my question: what does the Government intend to do to ensure that Friday does not become a free day for criminals? This is a matter of supreme importance as far as law making and law enforcement is concerned.

If the Deputy resumes his seat I will see if the Taoiseach wishes to make a brief comment but we will not have a full-scale debate on the matter. I will call Deputy Quinn on the same matter.

Has the Taoiseach any legislative proposals to deal with the emergency security situation that will arise on Friday and if those proposals will be brought before this House today or tomorrow?

In reply to Deputies Bruton and Quinn, emergency legislation will not be brought forward. This is an evolving situation. The Government will do everything it can to ensure that operational difficulties do not arise on Friday. I remain hopeful that there will not be any difficulties on Friday and that the responsible members of the Garda will not engage in action that I do not believe is justified. In terms of Deputy Bruton's direct question, a meeting will take place shortly after the Order of Business between the Minister, his senior officials and the Commissioner to ensure operational matters are addressed.

That is being held because we pushed the Minister yesterday.

We cannot have a further discussion on the matter.

There is a real threat to people's lives on Friday if proper Garda protection is not provided. We might as well not have drink driving or speeding laws if there are no gardaí on the streets to enforce them. We do not want a free day for drunken driving——

We cannot have statements. If the Deputy has a brief question I will hear it.

Will the Taoiseach agree this is a threat to the very institutions of the State? In that same context, will he ask his Ministers to show respect for the institutions of the State? In particular, will he ask the Minister who referred to officials of the Department of Finance as misers and troglodytes to keep quiet?

It is a serious matter. I do not believe that the way for the gardaí to pursue a normal industrial relations matter is to engage in what will allegedly happen on Friday. I hope the meaningful negotiations that have gone on for several weeks, with a justifiable and fair offer of 7 per cent on the table and other matters remaining to be discussed, will continue and that those who negotiate for the gardaí, through bodies I have long respected, will continue those negotiations and not talk about figures of 39 per cent which will not be conceded this Friday, next Friday or any other Friday.

I do not wish to intervene in what are clearly difficult negotiations of an industrial relations nature between the Departments of Justice, Equality and Law Reform, Finance and the Garda Síochána, but I draw the Taoiseach's attention to a situation that would have arisen in the context of the provision of health services where, notwithstanding any dispute between health care workers and the Department of Health, provisions would have been made for emergency care by the health workers in hospitals. What the public wants to know, and will need to know after the meeting today with the Commissioner, is what provision for minimum security care will be put in place on Friday if the "get sick" campaign achieves the momentum its organisers hope to achieve. The Opposition and the public are entitled to know the provision there will be for security cover if gardaí do not report for work. The Taoiseach has an obligation, arising from the meeting with the Commissioner, to inform the public of that cover.

Before the Taoiseach replies, will he make a commitment that after the meeting a full and comprehensive statement will be made? In view of the unedifying experience yesterday of the Minister refusing to give basic information in this House and speaking at length, could the Taoiseach make it clear that a full and comprehensive statement will be made following this meeting to allay fears in the community and pinpoint exactly what provision is to be made to protect the public good? Will he intervene in an appropriate way to ensure that negotiations start again because at the moment there is, in effect, a vacuum? No matter how much the Taoiseach hopes things will be put right before Friday, it is quite clear it will require extraordinary action on his part to ensure that this matter is put back in some kind of negotiating mode before there is chaos on Friday and many people not only alarmed but damaged by the failure of the Government to deal with what we all recognise is a difficult and pressing issue.

Meetings have taken place over a number of days. We had several meetings last week to discuss operational matters if these events take place. I continue to hope they will not, that they will not be successful to the extent hoped by the people who want to disrupt because that is the wrong way to deal with these issues. Operational matters are being worked through by the commissioner. They are matters for him and for the Minister for Justice in co-operation with him. Whatever statements have to be made will be made.

They are also matters for the Minister for Finance.

As to intervening in an appropriate way——

You are the Taoiseach.

——there cannot be meaningful discussions when the Government offer is at a high level in terms of the PCW. We are dealing with a 16 months old programme, a programme the Garda had signed off but, because of the circumstances of the signing off, were allowed to come back in. They are demanding 39 per cent. A mechanism under Mr. Brennan as chairman was put in place from which, unfortunately, the Garda walked away. They should go back to it as that is the way to have meaningful discussions. The Government is offering 7 per cent and the Garda are demanding 39 per cent. All the Garda bodies know that there are figures that cannot be breached because of agreements made right across the board. That needs to be understood. Nothing will move the Government from that position, and the Garda must understand that.

This coming weekend the Taoiseach and the Minister for Finance will be engaged in very important and fundamental negotiations and discussions in Brussels. I wish him and the Minister for Finance every success on that historic weekend. Is it the intention of the Government to provide time next week at the earliest possible opportunity for a report on the outcome of the Brussels Summit?

Yes, as is normal in connection with a European Council meeting I would like to report to the House. Perhaps the best way of doing that would be to have a joint report, when I will report on the European Council and the Minister for Finance will report on ECOFIN. We will make arrangements for that.

Will the broadcasting Bill to be introduced by the Minister cater for the findings in the recent Coughlan case? Will extra resources be given to the Broadcasting Complaints Commission, which is seriously understaffed and under-resourced?

The legislation is being brought forward. I do not know whether the legislation takes account of that case, but I am sure it would have to take such account.

In the debate on the Democratic Left Bill on amnesty for refugees, the Minister for Justice indicated that he would bring legislation forward urgently to criminalise trafficking in refugees and immigrants to this State. I note from the list of legislation circulated that it is not listed in the legislation for the current session. It is at No. 61 in the general list. When does the Taoiseach expect that legislation to be brought before the House?

The Minister and his Department are working on the immigrant trafficking Bill which will make trafficking in immigrants illegal. I do not have a date, but I will ask the Department to forward the date to the Deputy.

To follow up on that, in the course of the debate the Minister indicated that he regarded it as urgent, and clearly it is. I expect some effort to bring it forward before the summer recess.

The Deputy is probably aware that the Department of Justice has more legislation than any other Department. It brought forward a number of Bills ahead of schedule in the last session. The Minister is anxious to bring this Bill forward, but it has to be ready. As soon as I have a date I will inform the Deputy.

In view of the considerable problem of coastal erosion and lack of finance, could the Taoiseach indicate when the coastal zone management Bill will be brought before the House?

It is at a very early stage of preparation which involves consultation with interested parties. It is some way off yet.

When will the Local Planning and Development (No. 2) Bill be brought before the House? How advanced is the comprehensive review on planning?

The consultation process in respect of that Bill has only commenced. I do not expect to see that Bill until next year.

The Taoiseach indicated last November that he expected the Food Safety Bill to be ready at the end of that month. When will it be ready?

It finally cleared Government yesterday.

What kept it?

It is a comprehensive Bill in an area that should have been addressed long ago.

The Taoiseach has been in Government for the past year. He should not be using excuses like that because they are pathetic. He should mature into office.

There is mildew on the Food Safety Bill.

I am encouraged initially to ask about the Wildlife Bill. I also want to ask about two minor Bills which we were assured were short tasks. The first is the Gaeltacht Housing (Amendment) Bill which was to put right changes in housing in relation to the Gaeltacht since 1989. The Department has been operating ultra vires in some respects since 1989. That legislation has been promised. Will it be introduced before the announcement of further grants, which appears to be indicated in the judgment? What is the position on the legislation that might be needed for striking down the Blasket Islands legislation? We were told in the House that the Minister was considering the judgment and that there might be replacement legislation or an appeal of the judgment. Has the Government made up its mind?

Legal advice is still awaited in relation to the Blasket Islands case.

From the Attorney General. On the Gaeltacht Housing (Amendment) Bill, this is to give legislative effect to changes made in the housing grants administered by the Department under the Housing Acts of 1929 and 1979. The drafting of the heads has commenced in the Department and it expects their submission to Government during the summer of this year.

I asked about the Wildlife Bill on which I understand we are likely to be sued by the European Union because of delays in its implementation.

A revised draft of 78 sections is with the parliamentary draftsman and it is hoped it will be returned to the Minister shortly. The Bill is expected to be ready for the autumn session.

When is it intended to publish the Bill for people with disabilities which is on the list of promised legislation?

The Bill sets out the rights of persons with disabilities together with a means of redress if those rights are denied. I do not have a date for its publication but I will ask the Department to give one. To the best of my knowledge, some of the recommendations of the report of the Commission on the Status of People with Disabilities were implemented and then there were legal difficulties.

What is the current position on an Ombudsman for children to which the Government is committed?

It is hoped to have proposals on that later in the year.

Dr. Upton

Is it planned to introduce legislation to modify the licensing laws before the end of this session?

A Select Committee is working on that. It is unlikely that there will be legislation in this session.

What chance has the Taoiseach of delivering on the promise he gave last November that the Mental Health Bill would be before the House in the spring of 1998?

It will probably be summer before we see it.

A Deputy

Which summer?

With the ongoing level of redundancies, especially in multinational companies, has the Taoiseach or the Tánaiste any intention of bringing forward legislation relating to the EU redundancy directives as was promised about four or five months ago?

Legislation is not promised in that area.

When will we see the long awaited and long promised national drug testing and education programme in sport?

I am told it will be in about two weeks' time.

(Mayo): What is the position of the Equal Status Bill?

It will be the end of this year or early next year before that Bill is before the House.

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