Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 10 Dec 1998

Vol. 498 No. 3

Order of Business.

It is proposed to take No. 12, Supplementary Estimates [Votes 1, 10 and 15]; No. 27, Motion re Regional Fisheries Boards (Postponement of Elections) Order, 1998; No. 30, Financial Motions by the Minister for Finance [1998] (resumed). It is also proposed, notwithstanding anything in Standing Orders, that (1) No. 12, [Votes 1, 10 and 15] shall be moved together and shall be decided without debate by one question which shall be put from the Chair and any division demanded thereon shall be taken forthwith; and (2) No. 27 shall be decided without debate.

Is the proposal for dealing with No. 12 agreed? Agreed. Is the proposal for dealing with No. 27 agreed?

I want to express my concern about motion No. 27. Exactly a year ago there was a similar motion in order to allow for a review of the Central Fisheries Board. We have had two consultants' reports and a value-for-money report from the Comptroller and Auditor General on inland fisheries, and the Minister wants to defer this for another year. I am very unhappy with the timescale that is involved in this.

I understand the Deputy's concern. The review of the inland fisheries service boards is well advanced in the Department and will be submitted to the Minister shortly. The Minister intends then to bring forward proposals to Government, early next year, in relation to the legislative, organisation and the operational changes that are needed. The objective is to progress the scheme quickly with a view to publication of the Bill and passage through the Oireachtas in the next session.

The Taoiseach seems to be taking issue with me rather than understanding my concerns. I am fully aware of what is happening.

All I am saying is that a year was given and nothing happened. The Minister is looking for a further deferment. I have already expressed my concerns privately to the Minister on this issue. There are many reports on central fisheries, but it is action we want.

Is the proposal for dealing with No. 27 agreed? Agreed.

The Government has promised to introduce a disabilities Bill setting out the rights of persons with a disability together with a means of redress for those whose rights are denied. Will this enable persons in wheelchairs who cannot get access to Dublin Bus to vindicate their rights? Will the Taoiseach explain why a decision was taken to invest several million pounds in Dublin Bus without requiring Dublin Bus to make their buses wheelchair accessible?

On the Order of Business we cannot discuss the content of Bills, only the timing of them.

When will the Bill be introduced, and will it have the range I suggest?

The Bill is being prepared. On the other matter, there are low-floored buses in service. I understand that a prototype of a new double-decker bus is being set up at present.

Will the Taoiseach join with me and other Members of this House in sending our congratulations to Oslo today to the joint winners of the Nobel Peace Prize? I thank the Taoiseach for agreeing to a debate on Northern Ireland next week. Will he structure the contribution from the Government side so as to bring us fully up to date in regard to the legislative programme we have to introduce in order to fulfil our side of the overall agreement?

I have made arrangements for my officials to brief the Opposition leaders. We will have the debate next week. In the briefing we can look at the legislative base. Much of the work I thought we would be able to do during November and December on the remit of the North-South bodies has not been possible as they are in no way agreed. However, we will be able to make some progress on the other measures.

In view of the fact that the Taoiseach has just admitted that the Government is behind on its legislative programme, will he and the Government be prepared to accept the Labour Party's Bill on the establishment of a human rights commission which meets all the needs set out in the British-Irish Agreement, including the incorporation into Irish domestic law of the European Convention on Human Rights?

We cannot discuss the content of the legislation.

My question refers to legislation, since the Government cannot produce its own.

What I said — I am sure the Deputy did hear me — was that we are unable to produce legislation on the North-South implementation bodies. The reason for that is that these bodies have not been agreed. That aspect involves legislation from Westminster and here. Another part of the legislative process involves human rights legislation. As I have said many times in the House, the heads of that Bill are almost ready. When they are ready they will go before a committee of the House where they will be discussed. I am sure good proposals from the Labour Party or elsewhere can be discussed in that format.

Is legislation still promised in respect of the Government commitment to establish an independent autonomous unit to administer FEOGA funds in line with the decision of the previous Government?

Which was not implemented.

That matter is still under consideration. The Government wants to do that. However, it is a matter of dealing with staff and related issues which have been the subject of negotiation for some time and in the context of which there has not been a resolution.

On a motion on the Order Paper in my name and the names of other Deputies relating to taxi sharing legislation, the Taoiseach indicated yesterday that the whips could consider the matter. The Fine Gael whip raised the matter with the Government Chief Whip. Is the Taoiseach in a position to report to the House whether that legislation will be introduced in time for Christmas? Those of us who were partying last night know how hard it is to get a taxi.

I understand a debate on taxis is scheduled for Tuesday night.

I wish to raise the Eighteenth Amendment of the Constitution Bill which I tabled last year and which went through Second Stage. An order was made for Committee Stage. The Taoiseach requested that the contents of the Bill be referred to the All Party Oireachtas Committee on the Constitution. It was considered by the committee and the principle of the Bill, which provides for a popular nomination by 20,000 citizens, was endorsed so enthusiastically that the committee decided to reduce the figure to 10,000. The report is now available and I am keen to get the legislation on to the Statute Book. Has the Taoiseach given any consideration as to how we might progress the Bill and present it to the people for a decision?

I dealt comprehensively with that issue on Tuesday during Question Time. I made the point that the report would be discussed by the Cabinet, probably in January.

I am talking about a Bill which is on the Order Paper, which went through Second Stage in the House and which, with my co-operation and at the request of the Taoiseach, was deferred for a committee view rather than proceeding to Committee Stage. We now have the report of the committee and the Bill is ready to go to Committee Stage. I am referring to the Bill rather than the report.

I appreciate that, but the Deputy will appreciate that this is one aspect of the third report of the all party constitutional review committee. It would be far more beneficial if the Government deliberated on the totality of the report. Otherwise we would have amendments willy-nilly on all aspects, as there are 15 recommendations which would require constitutional amendments. The Government's effort will be to take the first, second and third reports, together with the reports due on the gender neutral issue and ambiguities in the Constitution regarding the English and Irish language translations, examine the totality of issues and then bring forward amendments.

There is an order of the House which needs to be dealt with. I do not want the order to be put on the long finger. I am prepared to leave the matter until early in the next session, but I want a decision so that the order of the House can be implemented.

Further to the point raised by Deputy Noonan, surely on the 50th anniversary of the Universal Declaration of Human Rights it is ironic that article 13 affirms the right to freedom of movement and yet people in wheelchairs cannot have access to buses. Deputy Noonan referred to the disability legislation. I wish to raise the Equal Status Bill which was due much sooner but which has been deferred. It would guarantee some transport rights to people with disabilities.

Has the Deputy a question for the Taoiseach?

When will the Equal Status Bill be introduced so that the issue of inequality can be addressed in the House, an issue which is being totally ignored by the Government?

The Equal Status Bill is due early in 1999.

I hear mutterings from the Minister for the Environment and Local Government.

The Labour Party made a bags of it.

(Mayo): Yesterday the Minister for Justice, Equality and Law Reform gave me figures for the top ten earners in the Prison Service in terms of overtime, ranging from £30,000 to £38,000. In the light of this scandalous squandering of taxpayers' money, when does the Government propose introducing the Prison Service Bill to put in place an over-arching management system to manage the prisons in a proper manner?

Work is proceeding on this as a matter of priority and the legislation will be introduced sometime next year. In the meantime the Minister has been working on an interim Bill.

Most of today's business deals with Financial Resolutions. Will the Deloitte and Touche report presented yesterday to the Minister for Health and Children regarding Tallaght Hospital be made available to Members so that we can contribute to the debate in a more informed manner?

The Minister stated publicly yesterday that he has discussed the report with the board and is awaiting a response from it in the next few days. As he stated——

Will it be made available to Members?

It will not be given to Members of the House at this stage. Yesterday evening the Minister announced he will not make any further comment until he receives the hospital's response to the report. The report is about the responsibilities of the hospital board and it would be inappropriate to make the report public before the board has had a proper opportunity of examining it.

When will the report be published?

That is a matter for the Minister for Health and Children. At this stage it is important that the board members, whom the Minister met yesterday, respond.

On the same issue, does the Taoiseach agree that it was extraordinarily inappropriate for the Minister——

This matter is not appropriate to the Order of Business. There are other ways the matter can be pursued.

Perhaps the Chair will allow me finish my sentence and it will then be relevant. It is very difficult when a Member speaks three words and is interrupted by the Chair.

The Chair is on his feet.

I am entitled to pursue an issue directly arising from the Taoiseach's reply.

Does this pertain to promised legislation?

Will the Taoiseach acknowledge that it is completely inappropriate in the context of dealing with the Deloitte and Touche report, that the Minister for Health and Children launched an unprecedented pre-emptive strike and attack on the management of Tallaght Hospital and then denied the public the right to consider the report which I understand is also critical of the Minister and the Department?

This matter is not appropriate to the Order of Business. I ask the Deputy to resume his seat. This matter can be pursued in other ways in accordance with the rules of the House.

The manner in which the Government is suppressing the report is insulting and outrageous.

The matter is not in order.

It will undermine public confidence in the administration of the hospital.

I have asked the Deputy to resume his seat. It is not in order to raise this matter on the Order of Business.

It is a disgrace.

The Deputy should resume his seat and not be disorderly.

It is a complete disgrace and unprecedented. I wish to make a point of order.

The Chair is on his feet. There can be no points of order while the Chair is on his feet. I ask the Deputy to resume his seat. The Deputy is being disorderly and as such is not entitled to make a point of order.

I wish to raise a point of order. In the context of the huge issues relating to this report, am I entitled to ask——

That is not a point of order. At the appropriate time the Deputy is entitled to put down a matter on the Adjournment, but not ask a question on the Order of Business. The Chair has ruled and if the Deputy continues I will have to ask him to leave the House.

I merely want to ask if the Taoiseach will agree to a debate on the report in the House.

If the Deputy does not resume his seat I will have to ask him to leave the House.

Yesterday in the House the Minister for Defence indicated that we would join Partnership for Peace in 1999. As I understand it, this would have to be brought before the House under Article 29 of the Constitution. When can we expect to see this matter before the House?

What was stated was that a decision would be taken before the end of 1999.

Is the Taoiseach saying this matter will be before the House before 1999? It is a U-turn——

The Deputy cannot pursue the matter.

Why distort it deliberately? That is typical.

Running away from a debate.

The Taoiseach did not respond to Deputy Noonan's question as to when the Disability Bill will be introduced. While we await this Bill, will the appalling discrimination against people with disabilities such as we witness in Dublin Bus continue?

I do not have an exact date for the legislation, but priority is being given to drafting the Bill. I hope it will be introduced in the early part of next year. I do not have an exact date.

It is very nice to see Deputy Ahearn back in the House.

Deputies

Hear, hear.

I have asked the Taoiseach several times about legislation that might be necessary to amend the CIE pension funds, and I thank him for his interest in the matter. Should legislation not be necessary, the Minister for Public Enterprise undertook to make payments to pensioners before Christmas. Is legislation still necessary or will payments be made to pensioners?

The Minister for Public Enterprise undertook to ask CIE if this was possible. I understand there are difficulties with the issue but I will communicate again with the Deputy.

When will the Wildlife (Amendment) Bill be introduced?

The legislation is well advanced and it is hoped to circulate it in January.

It is most unfortunate that the public comments of the Minister for Health and Children have damaged the management of the Tallaght Hospital, and Members are entitled to a copy of the report——

The Deputy cannot raise this matter. There are other ways to pursue it.

The report should be given to Members as speedily as possible. On a separate matter, will the Taoiseach join with me in deploring the attempt by certain financial institutions to undermine the Moriarty Tribunal.

That is an independent tribunal and we should not comment on it. It is inappropriate and out of order.

Legislation passed in this House brought it into existence.

The Deputy should resume his seat. The matter is quite out of order.

(Dublin West): Will the Taoiseach join me in welcoming the decision of the British Government to extradite the butcher of Chile——

The question should be appropriate to the Order of Business. If the Deputy is not in order he should resume his seat.

(Dublin West): The Chair allowed Deputy Quinn to welcome——

(Interruptions.)

(Dublin West): In view of the promise of the Minister for the Environment and Local Government to bring in legislation to protect vulnerable first time house buyers if necessary, the comments of the chairman of the Law Society this morning——

It is not in order to quote anybody on the Order of Business. The

Deputy can only resume if he is orderly.

(Dublin West): Two thirds of the House is disorderly in trying to interrupt me. I would be finished now if I had the opportunity.

Read Marx and Engels. The Deputy is quoting the Law Society.

(Dublin West): Will the Taoiseach bring in legislation to protect the vulnerable first time house buyer from gazumping by rapacious builders, as was advocated this morning?

This is being looked at by the Minister of State at the Department of the Environment and Local Government. The Attorney General has already stated that he will refer the matter to the Law Reform Commission.

Reinstate the Fine Gael Bill.

That would take a great deal of reinstating.

You voted it down.

That concludes the Order of Business.

Barr
Roinn