It is proposed to take No. 1, Tourist Traffic Bill, 1998 — Second Stage (resumed); No. 16, Statements on the Report of the United Nations Committee on the Rights of the Child on child care services in Ireland (resumed); and No. 17, Statements on Human Rights. It is also proposed, notwithstanding anything in Standing Orders that any division demanded today on No. 1 shall be postponed until immediately after the Order of Business on Tuesday, 3 November 1998; the following arrangements shall apply in relation to No. 17: the opening statement of a Minister or Minister of State and of the main spokespersons for 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 shall not exceed 15 minutes. The Dáil on its rising today, shall adjourn until Tuesday, 3 November 1998.
Order of Business.
(Dublin West): Before agreeing the Order of Business I wish to state that the Dáil should not rise next week——
We must deal with the proposals before the House. If the Deputy wishes to raise a point about a specific proposal he may do so when the proposal is put to the House. Is the proposal for dealing with the postponement of any division on No. 1 agreed? Agreed. Is the proposal for dealing with item No. 17 agreed? Agreed. Is the proposal for dealing with the Adjournment of the Dáil agreed?
(Dublin West): The Dáil should sit next week and hold a debate on the black economy operating in the construction industry which has led to the jailing of two workers.
We cannot discuss that matter now.
(Dublin West): I wish to make one point. Yesterday I saw two workers taken away manacled for participating in a campaign against the black economy and tax evasion.
The Deputy cannot raise that point now.
I am putting the question, "That the proposal for dealing with the Adjournment of the Dáil be agreed to".
Will the Minister clarify the Government's intention regarding the practice of gazumping which was raised in the courts yesterday? Does the Government intend to refer this matter to the Law Reform Commission? Will the Minister agree that is a delaying tactic on an issue that is extremely important to many house-holders? As it appears the Government intends to introduce legislation on this matter, such legislation should be introduced as early as possible.
Has the Government given any consideration to amending the Statute of Frauds Act, 1695 under which yesterday's court decision was made, or does the Minister consider it proper that builders can use legislation introduced in the reign of William of Orange to raise house prices?
I want to raise the concern of everybody here on this matter. I raised it on the Adjournment of the House last night. There was a promise given in the House that this matter would be dealt with when other legislation was voted down recently. The mechanism of referring it to the Law Reform Commission is totally inadequate. Does the Minister accept the need for urgent amending legislation?
(Dublin West): On the same and a related matter——
It cannot be raised unless it is about promised legislation.
(Dublin West): It is on promised legislation. I want to ask the Minister representing the Government what legislation she can bring in to ensure that workers who fight the black economy are not manacled like this.
The Deputy is being disorderly and should resume his seat. The Deputy knows such a demonstration is against the rules of this House.
(Dublin West): I am not being disorderly.
Will the Deputy resume his seat?
(Dublin West): I want to raise an important matter.
I move: "That Deputy Higgins be suspended from the service of the Dáil."
(Dublin West): The motion is opposed. Vótáil.
Under Standing Order 61, the division claimed is postponed until before the Order of Business on the next sitting day. The Deputy stands suspended and must withdraw from the Chamber.
(Dublin West): It is a sad day when the builders' party sit there protecting their friends who put those people in jail. It is absolutely outrageous, and they should be ashamed of themselves.
The Deputy has been suspended and must withdraw immediately.
(Dublin West): It is outrageous that Fianna Fáil is protecting those who are involved in tax evasion amounting to hundreds of millions of pounds.
The Deputy is suspended and must withdraw from the House.
(Dublin West): I will withdraw, but——
I will suspend the sitting for five minutes.
I wish to raise the issue of the gazumping Bill in the light of the very sad case that arose yesterday, which is one of many. It is rumoured that the Government is proposing to refer this to the Law Reform Commission. Everyone knows that will be a very lengthy process and will only delay it. I would like clarification of the Government's intentions. Also, if we reintroduced our Bill to the Order Paper, would the Minister be willing to refer it to Committee so that it could be dealt with speedily?
Does the Minister agree that legislation will be necessary to deal with gazumping since the voluntary code of practice said to be operating in the building industry is clearly not working and is highly unlikely to work? The only way to give protection to house buyers is for the Government to introduce legislation which will tilt the balance away from builders and developers and back towards people who are trying to buy a home of their own.
There is no legislation proposed. The Bacon committee proposed a voluntary code which is currently being discussed. There is a draft rendition of the code and more work is being done on it.
A
Deputy
: Humbug.
Does the Minister agree that the voluntary code——
We cannot discuss the matter now. The question has been asked and answered. That is the end of the matter. Does the Deputy have another question?
This is an issue on which the Government is seriously letting down many young people——
The matter was raised on the Adjournment last night. We cannot have another discussion this morning.
On the taxation of credit unions, does the Government propose to introduce legislation on foot of the report presented to it? Does it propose to reintroduce the legislation that it sought to introduce last year and then withdrew?
The Minister for Finance is studying the report of the committee which he established. Any measures considered necessary will be included in the Finance Bill.
It seems there has been a change of tactics on the gazumping proposal. The view was that the Fine Gael Bill was inadequate but there was no suggestion that legislation was not required. There is a strong view that a voluntary code will not meet the needs of the situation.
We cannot discuss the matter now.
To refocus on the issue of jailed workers, does the Government propose to tackle the black economy in the building industry as promised by the Minister for Finance to a deputation which included Deputy Broughan?
There are no proposals to introduce legislation. As the deputy leader of the Labour Party is aware, under Partnership 2000 there is a black economy monitoring group which includes representatives of the CIF, IBEC, the ICTU, the Revenue Commissioners and the Department of Social, Community and Family Affairs. A subcommittee of that group is dealing with the construction industry. While one has sympathy for individuals, the matter is before the courts and is to be heard again at noon.
The policy matter is not before the courts.
Everybody is against the black economy.
My question relates to legislation. We are aware that there is a black economy monitoring group. Has it presented legislative proposals to Government?
No.
Has the Government decided of its own volition that the matter is so serious that it merits a legislative response?
There are no proposals to introduce legislation.
: What is the group monitoring?
: Is it now Government policy to protect the greedy in the building industry?
We cannot discuss or ask questions about Government policy.
Will the Minister acknowledge that the voluntary code to police the building industry is inadequate, that what took place at Kildare court is unacceptable and that the Government is failing young couples?
As the Deputy is aware, there are other ways to discuss policy.
The Minister for the Environment and Local Government has no insight into the extent of the problem. It is a serious issue.
It may be but this is not the time to discuss it.
Young couples should not be gazumped. The Government is doing nothing about the matter.
Does the Deputy have a question about legislation?
In the context of legislation, the Minister did not reply to Deputy Bruton's query. If Fine Gael recirculates the anti-gazumping Bill, will the Government allow it to proceed to Committee Stage so that legislation can be enacted urgently?
Legislation has not been promised.
The Minister wants to reply.
The Deputy should, please, resume his seat.
Who is the Minister protecting? It is outrageous. More and more young couples will come before the courts gazumped by unscrupulous and greedy builders. The Minister for the Environment and Local Government is sitting on his hands and failing in his duty to tackle the matter.
The Deputy should leave the House if he cannot restrain himself.
The Deputy should talk to some of the people in his own profession.
On a point of order, the Minister for the Environment and Local Government has apparently made a derogatory comment——
The Chair did not hear it.
——about members of my profession. Will the Minister clarify if it is the profession of politics or law to which he is referring?
Will the Deputy, please, resume his seat? He is being disorderly.
The solicitors profession.
Greedy and incompetent solicitors.
There are now two gurriers over there.
Is it the intention to publish the proposals the Minister for Finance has received in respect of the taxation of credit unions? On policy and legislation, does the Government intend to regulate the phenomenon of subcontracting in the building industry? Does the Minister agree that jailing workers is not the way to handle industrial relations disputes?
That matter is before the courts.
On the credit unions, the Minister for Finance has received the report of the committee that he established. While it is a matter for him, I am sure it will be published.
Does the Government intend to address the question of subcontracting in the building industry?
The Deputy was a member of the Government which introduced Partnership 2000 under which provision was made for the establishment of the black economy monitoring group.
When will it stop monitoring and make proposals?
On a separate matter, the Minister will be familiar with the Air Navigation Bill which was recently passed by the House and under which she is allowed to issue a directive to Aer Rianta. Is she aware of the strong statement issued by Aer Lingus today — on top of dire warnings from Ryanair — that if the discount scheme is abolished, it will divert traffic?
That matter is not appropriate to the Order of Business.
The Minister has been busy in Cork. It is time she intervened and made a statement on the issue in view of the serious concern expressed. Does she intend to do little or nothing until it reaches crisis proportions?
Arising from the acceptance of the Labour Party motion on DIRT in Private Members' time last night, when can we expect to see the promised legislation to give the Comptroller and Auditor General the additional powers he requires and to repeal or amend section 5(1)(f) of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act?
Legislation is required to amend the 1973 Comptroller and Auditor General Act and the 1997 compellability of witnesses Act. The Government and the Attorney General attach great urgency to the implementation of the proposed legislation.
When can we expect to see it in the House?
As soon as possible.
(Carlow-Kilkenny): Has the Minister done anything about the failure of Telecom Éireann to provide a service for this House? I raised this matter yesterday.
It is not appropriate to the Order of Business. The Deputy should pursue it in another way.
Can the Minister account for the extraordinary delay in introducing the equal status legislation which ran into difficulties in the Supreme Court? These were resolved in respect of the accompanying legislation many months ago which has since been passed by the House. What is delaying the Equal Status Bill and does the Government intend to introduce the disabilities legislation after it? Explicit commitments were made by the Government in this regard but they appear to have been put on the long finger.
Some of the provisions are included in the Employment Equality Act. The Equal Status Bill will be ready in early 1999.
That is an extraordinary delay.
We want to get it right this time and not have it struck down again by the Supreme Court.
Deputy Dempsey seems to have got out on the wrong side of the bed this morning. He is usually quite cheerful.
What is the reason for the delay with the Road Transport Bill? It is not expected to be published until 1999. Most of the work on that legislation was done before I left office 18 months ago. What has happened in the interim? Given the crisis in transport in Dublin, will the Minister bring the Bill forward?
The Deputy is aware that the legislation on the carriage of dangerous goods is currently in committee——
: I prepared that as well.
: The Deputy is powerful. It would not be possible to bring the two Bills before the House together. The Minister of State hopes——
: Why not?
We hope to have the Bill ready before Christmas.
When can we expect the new wildlife Bill to be introduced?
This session.
That concludes the Order of Business.
A Cheann Chomhairle——
We must proceed. The House has exceeded the time allocated for the Order of Business.
On promised legislation, a Cheann Chomhairle——
I will allow one question.
Will the Minister ask the Minister of State, Deputy Kitt, what happened to the legislation to regulate Sunday working? He voted both for and against that Bill.
A code of practice is currently with the Labour Relations Commission.
Will the Minister announce that tomorrow will be national gridlock day?
That is not a matter for the Order of Business.
It will be caused by a combination of factors. What measures does the Minister intend to take to deal with it?
Have representations been made to the British authorities about the proposed nuclear dump in Pembrokeshire?
That is not appropriate to the Order of Business. The Deputy should put it to the Minister in a parliamentary question.