Dáil Éireann díospóireacht -
Wednesday, 9 Dec 1998

Vol. 498 No. 2

Order of Business.

The Taoiseach

It is proposed to take No. a11 — Motion re: Leave to Introduce Supplementary Estimates [Votes 3 and 32] and, subject to the agreement of No. a11, to take Supplementary Estimate [Vote 3]; No. b11 — Motion re: Referral of Supplementary Estimate [Vote 32] to Select Committee; No. c11 — Motion re: Double Taxation Convention between Ireland and Mexico; No. d11 — Motion re: Double Taxation Convention between Ireland and Estonia; No. e11 — Motion re: Double Taxation Convention between Ireland and Malaysia; No. f11 — Motion re: Double Taxation Convention between Ireland and the United Kingdom; No. 30 — Financial Motions by the Minister for Finance [1998] (resumed).

It is also proposed, notwithstanding anything in Standing Orders, that: (1) No. a11 — Leave to Introduce Supplementary Estimates [Votes 3 and 32] — shall be decided without debate and any division demanded thereon shall be taken forthwith and, subject to the agreement of No. a11, the Supplementary Estimate [Vote 3] and No. b11 shall be decided without debate and any division demanded thereon shall be taken forthwith; and (2) Nos. c11, d11, e11 and f11 shall be decided without debate. Private Members' business shall be No. 72 — Motion re: Transport (resumed).

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with Nos. a11 and b11 agreed? Agreed. Is the proposal for dealing with Nos. c11, d11, e11 and f11 agreed?

Mr. J. Bruton

No. f11 is a double taxation agreement with the United Kingdom which I presume must also be approved by the House of Commons and the House of Lords. Will the Taoiseach convey to the British Parliament through the appropriate channels the view of the parties in this House that the suggestion that a new link should be created between the non-release of prisoners and the decommissioning of weapons is unhelpful? There is no such link in the British-Irish Agreement and the release of prisoners as planned in the Agreement should not be interfered with at this stage.

This is the view of parties in the House which are extremely resolute and have been at times extremely sceptical about the intentions of the republican movement. However, in this instance not to release prisoners before Christmas because decommissioning has not taken place would be very unhelpful. The House of Commons should pause before it passes a motion to that effect.

An Ceann Comhairle

Can we deal with the proposal first? This is a very narrow procedural proposal.

Mr. J. Bruton

That is the case, but this is the only way I can ensure this matter is in order. It is in order to decide whether we should deal with this matter without debate while considering other business. I have no wish to obstruct this business, but it would helpful if the Taoiseach could respond to the opinion I expressed which is shared by all sides.

An Ceann Comhairle

It does not arise at this stage. This is a very narrow procedural proposal.

Mr. J. Bruton

I was anxious to put my views on record.

An Ceann Comhairle

Is the proposal agreed?

Mr. J. Bruton

I do not disagree with the proposal. I am merely using it as a procedural device to raise this matter. It is in order on this business, but it would not be in order on the Order of Business because no other legislative provision is involved.

An Ceann Comhairle

I have ruled that it is not in order to raise it at this point. Is the proposal agreed?

Mr. J. Bruton

It is agreed under protest. I would have preferred if the Taoiseach had commented on what I said.

An Ceann Comhairle

Is the proposal agreed? Agreed.

Mr. J. Bruton

On the Order of Business, I again raise the point that the House should express its view that a link under which prisoner releases are stopped because decommissioning has not started was not provided for in the British-Irish Agreement.

An Ceann Comhairle

I remind the Deputy that he has tabled a question to the Taoiseach for Question Time today. He is anticipating that question. However, I will allow the Taoiseach to comment.

Mr. J. Bruton

That was yesterday.

An Ceann Comhairle

There is a further question. However, if the Deputy thinks it is sufficiently narrow, I will allow the Taoiseach to comment.

The Taoiseach

The discussion in Westminster today may have moved on to a point where people have stated their positions by the time I take those questions this afternoon. Therefore, it may be helpful to comment now.

It is clear in the British-Irish Agreement that there are no links on the issue of decommissioning. There are no preconditions and this has always been the case. The position is clear regarding the release of prisoners and the legislation relating to the Convention on the Transfer of Prisoners. These matters were discussed and a clear understanding was reached. On Holy Thursday a large part of the discussion related to the release of prisoners and what would happen if the Agreement was signed by everybody.

To cease releasing prisoners at this stage because of the issue of decommissioning would be to break the spirit and letter of the Agreement. Deputy Bruton's comments in that regard are correct. It has been the Government's consistent view in its discussions and those with the British Government that the release of prisoners within the terms of the Agreement should continue. The issue of short-term releases over the Christmas period will also arise in the run up to Christmas. If a blockage was created, it would cause more grave difficulties which we do not want. It would be also against the work of the Secretary of State, Dr. Mo Mowlam, in recent weeks. It is the Government's view that this matter should be left stand because there is no need to change it.

Mr. Quinn

On 1 December I asked the Taoiseach if he would consider briefing the leaders of the Opposition parties on developments in relation to Northern Ireland and he undertook to do so. I am now asking that he move on that undertaking and if, at the Whips' meeting tonight, Government time will be made available to discuss Northern Ireland, bearing in mind the comments made here yesterday and the comments which the Taoiseach is reported to have made last night. This House has a particular interest in the entire operation of the Agreement and has a specific responsibility for certain legislation.

An Ceann Comhairle

The Deputy is continuing with a statement. He should confine himself to a question.

Mr. Quinn

I ask that time be given to debate the present position with respect to the British-Irish Agreement and, if appropriate, to legislate in so far as we can for those matters which are under our responsibility. Will the Taoiseach confirm he is prepared to have such a debate and that it will be preceded by a briefing of the Opposition leaders?

The Taoiseach

I did undertake to have a briefing session. I was hoping I would be able to brief on some finality last week. I have no objection to a debate before the end of the session but I am not clear whether we will have made any further progress before the session breaks at the end of next week. Certainly I will arrange for briefings. Arising out of that it will be decided whether a debate is desirable. If so, we shall have it.

Mr. Quinn

This House has the opportunity to help the process in Northern Ireland. It has a responsibility as well as ownership.

An Ceann Comhairle

The Deputy is entering into a debate on the matter.

Mr. Quinn

I know, Sir, but it is about the allocation of time. With all due respect I have no opportunity to make this point other than now because the Whips will be meeting tonight.

An Ceann Comhairle

We should confine ourselves to questions.

Mr. Quinn

Will the Taoiseach agree that a constructive debate in this House before the House rises next week would be a contribution towards overcoming the impasse? I ask not only for the briefing he has promised but also for a two or one hour debate that would enable this House to give some momentum to the peace process.

The Taoiseach

Such debates and discussions have always been positive and if a debate can be arranged I am agreeable to it.

Mr. Rabbitte

My understanding is that the legislation to amend the privileges and compellability law is published this morning. If that is the case I welcome the Taoiseach's keeping his commitment to the House. Is it the Government's intention that the legislation be taken next week? I presume the Taoiseach understands it is imperative that it be taken this session if the Committee of Public Accounts inquiry into allegations in connection with AIB is to be concluded.

The Taoiseach

If the Bill has not been circulated this morning, it will be circulated during the day. I understand it is scheduled to take all Stages on Tuesday next and to send it to the Seanad where it should be passed.

Mr. G. Mitchell

In relation to No. 71 on the Order Paper in my name and that of other Deputies, will the Taoiseach agree to take this motion in Government time? In particular will he agree to introduce urgent legislation to allow for taxi sharing and safeguards for those taxi sharing, particularly in the Dublin area but throughout the country generally? This already applies in Belfast without any difficulty. We have been told that legislation is needed here. I would appreciate if the Taoiseach would consider taking this motion in Government time because there is a serious problem and it would be helpful to the public.

An Ceann Comhairle

The matter was on yesterday's Order Paper.

The Taoiseach

Perhaps the Deputy would put the two matters to the Whips for discussion.

Mr. Sargent

I wish to raise the matter of three promised Bills, particularly in the light of yesterday's debate and my request for a debate on the non-ionising microwave radiation emissions report, the postal and telecommunications services (amendment) Bill, the telecommunications infrastructure Bill and the contractual obligations (applicable law) Bill. Will these have a bearing on the matter discussed yesterday, particularly in light of the claim that there was a clean bill of health, which is not the case ——

An Ceann Comhairle

The Deputy has asked his questions; he cannot make statements.

Mr. Sargent

Has a publication date for those Bills been agreed? If it is in the distant future may we have a debate on the report in the meantime?

The Taoiseach

The IPO Bill is to be published next week and the telecommunications infrastructure Bill immediately after Christmas.

Mr. Stagg

When will the promised telecommunications infrastructure Bill be published and will it deal with the mandatory sharing of masts?

An Ceann Comhairle

We cannot deal with the content of Bills on the Order of Business.

Mr. Stagg

I appreciate that.

The Taoiseach

The telecommunications infrastructure Bill will be published immediately after Christmas. The answer to the second question is yes.

Ms Fitzgerald

In relation to proposed legislation, a case is reported in the newspapers today of an award of £100,000 compensation to a nurse because of injuries at work. Has any progress been made in relation to establishing the State claims agency in view of speculation that this case could lead to another avalanche of cases similar to the Defence Forces compensation claims?

An Ceann Comhairle

This is not appropriate to the Order of Business.

Ms Fitzgerald

I ask the Taoiseach what State claims legislation is promised and if any other legislation is contemplated in terms of addressing this issue?

The Taoiseach

As in all cases, the judgment will be examined by the Government. The heads of the State claims agency legislation are being prepared. The legislation is due next year.

Mr. J. Bruton

Is the Taoiseach aware that on 6 October he said that legislation was due in the House in the spring of next year? Is it now the case that only the heads will be ready by the spring and that there has been a slippage?

The Taoiseach

The heads are not ready yet.

The legislation is due next year. That is precisely why——

Mr. R. Bruton

What is the reason for the alarming delay in the school attendance Bill? Last week the State sought to contest its liability to accommodate children from the courts in respect of educational needs, telling the health boards they had an obligation.

An Ceann Comhairle

The Deputy may not make a statement.

Mr. R. Bruton

Why is the school attendance Bill not being brought forward? It was at an advanced stage of preparation in June 1997, yet at the end of 1998 that Bill has not been published.

The Taoiseach

The heads of that Bill have been approved and cleared and the legislation will be circulated next session.

Mr. J. Bruton

Is the Taoiseach aware that he said in October 1997 that that legislation would be ready in the middle of this year?

Mr. M. Higgins

May I ask the Taoiseach about legislation promised by the Minister for Public Enterprise in relation to the expansion of the powers of the office of the Director of Telecommunications Regulation? When is this legislation due for publication? Will it be in advance of or succeed the broadcasting legislation or the arrangements for digital broadcasting?

The Taoiseach

It will be in advance of the legislation. It is to provide for the extension of certain powers of the Director of Telecommunications Regulation and to update the regulatory framework in light of the forthcoming full liberalisation of the sector. I do not have a definite date for publication of the Bill but it will be some time in 1999.

Mr. M. Higgins

Does this mean the broadcasting legislation will appear in 1999?

The Taoiseach

It will.

Mr. Connaughton

When will the Government introduce the new social welfare scheme for small farmers, as promised in the budget?

An Ceann Comhairle

The Deputy will have an opportunity to raise the issue during the debate on the budget.

Mr. Rabbitte

The circular had to be withdrawn.

Dr. Upton

Are there plans to alter the planning laws to allow for the erection of masts serving mobile phones arising from suggestions made on a radio programme this morning?

An Ceann Comhairle

The matter is not appropriate to the Order of Business.

Dr. Upton

Will the Bill on illegal immigrants be published before Christmas?

The Taoiseach

The only legislation will be the Telecommunications Infrastructural Bill.

Mr. Kenny

Last week the Taoiseach indicated that the timing of the broadcasting Bill was getting fairly tight. What is the position this week?

Mrs. O'Rourke

It is even tighter.

The Taoiseach

I stated this legislation would be ready for Christmas but the officials involved have been working with one of the tribunals and have been unable to complete the Bill.

Mr. Higgins

(Mayo): Two reports were made on defamation, one by the Law Reform Commission and the other by the Commission on the Newspaper Industry. What is the position in regard to the defamation Bill?

The Taoiseach

I do not have an expected publication date but preliminary work has commenced in the Department. The Bill will not be published during the next session.

Ms McManus

Is the Taoiseach aware of the distress being caused for many seriously ill people by the changes in the drugs refund scheme? Yesterday, the Taoiseach was asked whether a statutory instrument would be drawn up in regard to this matter. It was not clear from his answer whether that will happen. Will he clarify whether a statutory instrument will be drawn up on these major changes for sick people, many of whom are on low incomes and simply cannot afford to buy medicine they were previously in a position to buy?

The Taoiseach

I understand regulations will be required to deal with some of the changes.

Mr. Deenihan

When will the Taoiseach introduce the Bill on the greyhound industry? He promised some time ago that it would be introduced before Christmas.

Mr. Quinn

He did not say which Christmas.

The Taoiseach

I am informed it will be published mid-1999.

An Ceann Comhairle

That concludes the Order of Business. We will proceed with item a11 — motion re. Leave to introduce Supplementary Estimates, Votes 3 and 32.