It is proposed to take No. 6, motion re. Ministerial Rota for Parliamentary Questions; No. 7, the Postal and Telecommunications Services (Amendment) Bill, 1998 – Instruction to Committee; No. 29, Postal and Telecommunications Services (Amendment) Bill, 1998 – Order for Report and Report and Final Stages; and No. 30, Local Government (Planning and Development) Bill, 1998 [Seanad] – Second Stage (resumed). It is also proposed, notwithstanding anything in Standing Orders, that Nos. 6 and 7 shall be decided without debate; the Report and Final Stages of No. 29 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 7 p.m. tonight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Public Enterprise; and Private Members' Business shall be No. 53 – Activity Centres (Young Persons' Water Safety) Bill, 1998 (Second Stage) and the proceedings on the Second Stage thereof, if not previously con cluded, shall be brought to a conclusion at 8.30 p.m. on Wednesday, 31 March.
Order of Business.
There are three proposals to be put to the House. Is the proposal for dealing with Nos. 6 and 7 agreed? Agreed. Is the proposal for dealing with No. 29 agreed? Agreed. Is the proposal for dealing with No. 53 agreed? Agreed.
Thank you, a Leas-Cheann Comhairle. I am glad you have allowed the matter raised by my colleague, Deputy Jim Higgins, to be raised on the Adjournment. It may be an issue we will have to come back to in this House, perhaps even invoking a section of the Constitution, in view of the seriousness of that case in the courts.
Will the Tánaiste indicate the legislation the Government proposes to introduce on the recent announcement by the IRA that it will make known the whereabouts of people killed by it to their relatives? There is an indication from the Minister for Justice, Equality and Law Reform that he intends to bring in some form of amnesty. Why was that not done under the Good Friday Agreement legislation?
The legislation that will be brought in, which the Minister for Justice, Equality and Law Reform referred to yesterday, is similar to legislation that will be introduced in the United Kingdom to which the Secretary of State has referred. I do not know the precise amendment that is required but, as the Deputy will appreciate, this is a very sensitive time in the context of the negotiations in Northern Ireland. Agreement was reached between the two Governments on this matter. It is right that we should allow some time to elapse, but I am sure the Minister for Justice, Equality and Law Reform will clarify the precise amendment that is required to certain aspects of current legislation.
Is the Tánaiste saying that Minister O'Donoghue will—
Please, Deputy Owen, we cannot have a debate on it.
I realise we cannot have a debate but we are coming to the end of this session and there may not be an opportunity to raise these matters.
The Order of Business is not the appropriate time to go into detail on legislation.
I realise that but perhaps the Tánaiste will let us know if she has heard from the Minister for Justice, Equality and Law Reform that this legislation has to be passed before we rise for the Easter recess.
It cannot be raised on the Order of Business. I call Deputy Quinn.
Will this legislation have to be rushed through the House before Thursday?
Was legislation to which Deputy Owen referred approved in any form by Cabinet? Has a document, including the heads of the Bill, been brought to Cabinet? Has a Government decision been made in principle, and can we presume it is similar, in terms and structure, to the legislation governing decommissioning?
The principle was agreed by the Cabinet yesterday but the precise nature of it was not. Heads of a Bill were not brought to the Government because I understand agreement on this issue was reached only in the past few days. It will be dealt with after the Easter recess because legislation has not been brought to the Government, but it will be similar to the legislation that was required on decommissioning.
I thank the Tánaiste for that information. I assume the House will be kept informed about this legislation as it is a matter of great concern to the people whose relatives have not been discovered. Will the Tánaiste elaborate on the elements of the programme for Government she wants renegotiated as per her comments in The Irish Times on 26 March? Which parts of the programme does she believe have not been implemented?
That matter is not appropriate to the Order of Business.
It is clear the Tánaiste is not getting what she wants out of the programme.
On legislation also related to the Good Friday Agreement, the human rights Bill, the heads of which have now been referred to the justice committee – an inadequate set of heads – will the Tánaiste indicate when this legislation will be enacted to show, as the Leader of the Labour Party has said repeatedly, we do our legislative work expeditiously to ensure the Agreement is put in place?
I understand the committee is discussing this matter today. As soon as the committee concludes its deliberation on the matter it will come back before the House—
The heads of the Bill?
Yes. It is right that the Government should seek the views of the Opposition on that Bill at an early stage because, as the Deputy acknowledged, it is important legislation. As soon as it comes back from the committee it will be a matter of priority for the Government to have the final Bill produced.
On the implementation bodies recently discussed, the Taoiseach indicated to me that he would frame a timetable with regard to the appropriate legislation for the implementation of those bodies as there is parallel legislation in the UK to bring them into place. We had an opportunity to discuss only two of the implementation bodies in that three hour discussion. To what degree has the Taoiseach progressed in terms of framing a timetable for the phased implementation of these bodies?
It was disappointing that we did not get an opportunity, because of the limited time involved, to discuss the implementation bodies in more detail three weeks ago. Perhaps we could return to that matter shortly after Easter. Clearly it depends on what happens this week. If we are successful, as I know everybody in the House hopes we will be, in putting the Executive in place in Northern Ireland, albeit on a shadow basis for the moment, the North-South Ministerial Council would meet and the implementation bodies would be put in place very quickly.
Has the Tánaiste consulted with the Taoiseach on whether it is intended to provide Government time today or tomorrow to make statements on the humanitarian tragedy unfolding in Kosovo, and whether the Government will increase the paltry allocation of £400,000 of humanitarian aid?
We will discuss the Berlin Summit later in the week and perhaps the Whips could discuss that matter. Most of Question Time today was taken up with questions on this issue to the Minister for Foreign Affairs. Perhaps we should put Deputy Quinn's suggestion to the Whips.
On promised legislation on the return of the bodies of the disappeared, will the Tánaiste give an assurance that this legislation will not be allowed hinder the exhumation and Christian burial of the bodies? Will she assure us the legislation will not delay that?
Yes, that has been explained. I know Deputy Currie raised this matter in the House over many years. The Government wants to see those burials taking place as quickly as possible. It is the least the loved ones deserve. In one case I believe it is 27 years since the woman in question went missing.
I know a case where it is 23 years.
The intention is that there will be no further delay. These people have waited long enough. That is the least the loved ones deserve. It is 27 years since the woman in question went missing and it is the intention that there would be no further delay. These people have waited long enough and the least that can be done is to allow them give their loved ones a Christian burial as quickly as possible, if that is their wish.
When will the Bill giving effect to the national minimum wage be published? Is the Tánaiste as surprised as I am to learn that direct employees of the Oireachtas in the catering service are being paid £3.83 per hour? Will she authorise the Minister for Finance to enable the management to have serious negotiations with SIPTU concerning this matter?
Is the Tánaiste aware that the industrial relations process has failed to deliver a settlement for the 160 traffic wardens in Dublin? Will she ask the relevant agency in her Department to intervene to protect the position of traffic wardens who have given long and faithful service?
The first question is appropriate to the Order of Business.
There is no statutory minimum wage at the moment so no one is breaking any law by paying those rates.
Should we not set a good example?
Neither Deputies De Rossa or Stagg did much about introducing legislation in this area. I wish to see people being paid more but it is not for me to intervene between management and unions on these matters. The minimum wage legislation is being drafted and will be published in the autumn. The Minister of State with responsibility for labour affairs, Deputy Kitt, and I will be delighted if the State's labour relations machinery can be used to resolve disputes such as that concerning traffic wardens.
What action does the Tánaiste proposed to take in her role as Minister for Enterprise, Trade and Employment with regard to the failure of talks on nurses pay? Will she take a hands-on approach to this matter?
That matter is not appropriate to the Order of Business.
It will be awful if nurses find it necessary to walk out during the Easter recess.
The Chair explained that Deputy Rabbitte's second question was out of order.
I support the call for a debate on the humanitarian crisis in Kosovo. Can we expect to see the Wildlife Bill before the House before the summer recess?
The Bill will be published in late April.
Last week I asked the Tánaiste if she would be in a position this week to indicate whether outstanding promised legislation, not yet published, will be published before the Easter recess. Is she in a position to give the House that list?
The Broadcasting Bill will be published in mid-April; the Údarás na Gaeltachta Bill is expected in mid-April; the Education and Welfare Bill, the Health (Amendment) Bill and the Equal Status Bill will be published in late April; the Immigration Bill will be published early next session; we dealt with the Human Rights Bill; the Irish Nationality and Citizenship Bill will be published in the next session. Some of these Bills have not been finalised because legislation concerning the Good Friday Agreement took up a considerable amount of time. We have published nine Bills.
The Immigration Bill has been published and is purported to be an emergency measure. At the close of Second Stage the Minister for Justice, Equality and Law Reform indicated he was to substantially amend the Refugee Act. We have yet to see those amendments. When will the real Immigration Bill – the amendments being introduced by the Government – be published?
As soon as the matter is finalised by Government. It will be some time during the next session.
I am concerned that the disability Bill was not included in the list of promised legislation read by the Tánaiste. When will this Bill be introduced? Does the Tánaiste not agree that those with disabilities have waiting too long for legislative protection?
The Bills I referred to were those promised during this session. Some of them have been delayed by legislation concerning the Good Friday Agreement. The Disability Authority Bill has been published. I cannot give the Deputy a date for other legislation but I will come back to her on the matter.
Last week I asked the Taoiseach if he was happy about the drafting process for legislation, specifically with the draftsman's office's monopoly on drafting. At that stage the Tánaiste undertook to provide the list we have just heard. Does the Tánaiste agree there is a case for allowing Departments to draw on expertise and prepare legislation promised in the Government's programme and announced at the beginning of each session, to speed up the introduction of legislation into both Houses?
A small Bill was necessary on foot of a successful court case concerning Gaeltacht housing going back to 1972. It is required to put a series of decisions concerning Údarás na Gaeltachta within the law. The Minister of State usually gives long lectures rather than answers and suggested that only minor alternations were necessary and we would have the Bill. It seems the Bill will not arrive before the cuckoo.
The Deputy should ask a question relevant to the Order of Business.
What has happened to the Gaeltacht housing Bill? This is the only opportunity I have to ask about the legislative process. Does the Tánaiste have a view on reforming the process? The Wildlife Bill is a technical Bill but we have not seen it. Does the Tánaiste have a view on allowing Bills to be prepared by Departments so they come before the House more quickly? This would mean we would not depend on the highly erratic, slow pace of the draftsman's office. This is not a partisan point.
The Deputy will appreciate that I have views on many issues. The housing Bill will be published in late 1999.
(Dublin West): In view of the appalling human catastrophe in Kosovo will the Government reconsider its support for NATO's bombing as it is not the solution to the appalling problems of the people of Kosovo?
When is it proposed to publish the Bill providing for the establishment of Comhairle? The Bill proposes to merge the functions of the National Rehabilitation Board and the National Social Services Board. When will that Bill be debated in this House?
The Tánaiste on promised legislation.
The Bill will be published before the summer.
(Dublin West): Is it the intention to complete the passage of the Bill before the Dáil rises for the summer?
I would have to discuss the matter with the relevant Minister and it is a matter for the Whips. However, if it is published before the summer the intention would be to complete it as quickly as possible.
(Dublin West): And the bombing?
That matter is not appropriate to the Order of Business.
(Mayo): Deputy Howlin stated that the Immigration Bill is at Committee Stage. We are now told that the brakes are on and that we will have a new Bill in which the Minister will incorporate large sections of the Refugee Act, 1996. This Bill is scheduled for 13 April but we do not have a clue about the Minister's amendments.
The Deputy should ask a question.
(Mayo): I am seeking an assurance that we will not be expected to allow the Minister to put down substantial amendments at the last minute without giving us an opportunity to debate them in full. We do not wish to see the same type of draconian measures foisted on us as the Minister attempted in the case of the Immigration Bill, or the deportation Bill as it should be known.
Obviously the Minister will publish the amendments as quickly as possible. I will ask him to discuss those matters with the Opposition spokespeople—
Do more than talk to him.
—and to provide a decent gap between publication of the amendments and the debate thereon.
I wish to ask about No. 19 on the D list of Bills, which relates to the Hague Convention regarding inter-country adoption. When is it proposed to introduce this Bill? An organisation which is not registered by the Adoption Board recently attempted to establish itself in this country. It is charging large fees for the adoption of children from Russia.
Has the Government made a decision with regard to whether it will amend the Children Bill, which has been before the House for more than 20 months, or whether it will introduce new legislation?
It is expected that the Hague Convention legislation will not be dealt with by the Government until autumn this year. The heads of the Bill have not yet been submitted to Government and that is not expected until autumn. With regard to the Children Bill, the objective is to have it dealt with by the summer. Given the huge number of amendments – approximately 245 – it is more likely that a new Bill will be introduced. However, that has not yet been agreed by the Government because it has not yet come before the Government.
If the Tánaiste does not have the information I seek, perhaps she will forward it to me. Can she say if, under the Industrial Relations Act, 1990, the regulation that must be laid before the House with regard to the transfer of employees from one section of the State service to another has been complied with in the case of Dublin traffic wardens?
The Deputy should submit a parliamentary question on that matter.
Perhaps the Tánaiste will forward the information.
I will.