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Dáil Éireann díospóireacht -
Thursday, 24 Jun 1999

Vol. 507 No. 1

Order of Business.

The Order of Business today shall be as follows: No. 12, motion re membership of An Bord Pleanála; No. 13, motion re Fourth Protocol to the Treaty of Amsterdam; and No. 3, Courts (Supplemental Provisions) (Amendment) Bill, 1999 – Order for Second Stage and Second Stage. It is also proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 12, if not previously concluded, shall be brought to a conclusion after two hours and the following arrangements shall apply: the opening speech of a Minister or Minister of State and the main spokespersons for the Fine Gael Party and the Labour Party shall not exceed 20 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed ten minutes. The proceedings on No. 13, if not previously concluded, shall be brought to a conclusion after 60 minutes and the following arrangements shall apply: the opening speech of a Minister or Minister of State and the main spokespersons for the Fine Gael Party and the Labour Party shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed five minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes.

There are two proposals to put to the House. Is the proposal for dealing with No. 12 agreed to?

This legislation is welcome. Will the Government introduce legislation to deal with the corrupt practice of competitors financing objectors to applications from people who may be in competition with them and developers paying objectors to withdraw objections? Does the Taoiseach agree that these activities are corrupt given that they can lead to delays which, in some cases, may prove fatal to particular projects? The matter should be promptly dealt with in view of the fact that a number of people have publicly admitted to paying the costs of objectors to competitors' projects.

These matters may be raised during the debate on the Bill. Anything which causes delays or creates those kinds of difficulties should be examined. The planning process should be above board in all respects. We have attempted to ensure that over the years through our planning legislation.

I hope the Taoiseach will deal with this matter. We do not object to the timetabling of this item.

We agree to No. 12.

The proposal for dealing with No. 12 is agreed. Is the proposal for dealing with No. 13 agreed to?

I have made it clear that we do not wish to reach the courts Bill as it concerns a matter which is currently under consideration by an Oireachtas committee. The committee's report is ready but has not yet been presented. It is my view that the committee's report on judicial accountability for decisions of a non-judicial character should be presented to the House before we consider the issue of ex gratia supplemental pensions.

The current proposal relates to No. 13.

I am aware of that. The Government has only ordered No. 3, but if No. 13 is concluded, as timetabled, we will reach No. 3. It is not our wish to do that and we cannot agree to this timetable.

As far as we are concerned, No. 13 is connected to No. 3. A committee of this House, which has been treated with some contempt by other institutions in the State, has yet to finalise its report which has given rise to No. 3. The proposal at this late stage in the week to curtail the debate on the Fourth Protocol to the Treaty of Amsterdam and to introduce a provision to pension off two former judges is absolutely unacceptable. We are not prepared to accept the time constraint on the debate on the Fourth Protocol to the Treaty of Amsterdam.

Is the proposal for dealing with No. 13 agreed to?

Question put: "That the proposal for dealing with item 13 be agreed."

Ahern, Bertie.Ahern, Dermot.Ahern, Noel.Blaney, Harry.Brady, Johnny.Brady, Martin.Brennan, Matt.Brennan, Séamus.Briscoe, Ben.Byrne, Hugh.Callely, Ivor.Carey, Pat.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cowen, Brian.Cullen, Martin.Davern, Noel.de Valera, Síle.Dennehy, John.Ellis, John.Fahey, Frank.Fleming, Seán.Foley, Denis.Fox, Mildred.Gildea, Thomas.Hanafin, Mary.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.

Kenneally, Brendan.Killeen, Tony.Kirk, Séamus.Kitt, Michael.Lawlor, Liam.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McGennis, Marian.McGuinness, John.Moloney, John.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.O'Dea, Willie.O'Donnell, Liz.O'Donoghue, John.O'Flynn, Noel.O'Hanlon, Rory.O'Keeffe, Batt.O'Keeffe, Ned.O'Kennedy, Michael.O'Malley, Desmond.Power, Seán.Roche, Dick.Ryan, Eoin.Smith, Brendan.Smith, Michael.Treacy, Noel.Wade, Eddie. Wallace, Dan.

Tá–continued

Wallace, Mary.Walsh, Joe.

Woods, Michael.Wright, G. V.

Níl

Ahearn, Theresa.Barnes, Monica.Barrett, Seán.Bell, Michael.Boylan, Andrew.Bradford, Paul.Broughan, Thomas.Browne, John (Carlow-Kilkenny).Bruton, John.Bruton, Richard.Burke, Ulick.Carey, Donal.Connaughton, Paul.Cosgrave, Michael.Coveney, Simon.Crawford, Seymour.Currie, Austin.D'Arcy, Michael.De Rossa, Proinsias.Deasy, Austin.Deenihan, Jimmy.Dukes, Alan.Durkan, Bernard.Ferris, Michael.Finucane, Michael.Fitzgerald, Frances.Flanagan, Charles.Gilmore, Éamon.

Gormley, John.Hayes, Brian.Higgins, Jim.Higgins, Joe.Howlin, Brendan.McDowell, Derek.McGinley, Dinny.McManus, Liz.Mitchell, Gay.Mitchell, Olivia.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.O'Shea, Brian.O'Sullivan, Jan.Penrose, William.Quinn, Ruairí.Rabbitte, Pat.Reynolds, Gerard.Ring, Michael.Ryan, Seán.Sheehan, Patrick.Shortall, Róisín.Spring, Dick.Stagg, Emmet.Stanton, David.Timmins, Billy.Wall, Jack.Yates, Ivan.

Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Barrett and Stagg.
Question declared carried.

I wish the Taoiseach well in the important work he is about to undertake in resolving the remaining difficulties concerning the full implementation of the Good Friday Agreement. He has the support of the entire House and no one underestimates the exceptionally difficult nature of the task. On this occasion, I hope the Taoiseach will achieve clarity, certainty and accountability with regard to putting paramilitary weapons beyond use. The lack of clarity and accountability on this issue in the Good Friday Agreement led, in part, to the current impasse. While dealing with all the other issues, I hope that between now and 30 June we will achieve clarity, definite accountability and a clear understanding of who will do what and when with regard to putting weapons out of commission.

On behalf of the Labour Party I wish the Taoiseach and his fellow negotiators, Tony Blair and all the participants to the talks in Northern Ireland every good wish, with the hope that they will achieve success. This will not be an easy task. Both Governments chose to select 30 June as the deadline for reasons we understand. Sadly, however, it is the Taoiseach's responsibility to ensure that, if he exercises that deadline on or around 30 June, the next phase of the peace process will be as constructive as this phase.

I wish to speak on another issue. I also wish the Taoiseach well in the negotiations. Given that the Minister for the Environment and Local Government, Deputy Dempsey, is meeting EU Environment Ministers today to discuss GMOs, when can we expect—

This matter does not arise on the Order of Business. I allowed the Deputy to speak for a specific reason but he is abusing that position.

This is on promised legislation, a Cheann Comhairle.

The Deputy may ask a brief question on promised legislation.

We were promised legislation and told that there would be a moratorium on GMOs. When can we expect this legislation? Will Deputy Dempsey support the Greek proposal for a moratorium?

There is an ongoing consultative process and a decision will be made when that process is finished. I thank Deputies Bruton and Quinn for their remarks. We will try to achieve as much progress as possible and, hopefully, a conclusion. We will endeavour to do all we can to achieve clarity and accountability which is necessary if there is to be a breakthrough. Proposals will be put forward which have been worked out. General de Chastelain, who has worked long and hard on this issue, will also play a major role. I thank the House for its constructive support throughout this process.

What is the timeframe for the completion of the national development plan?

That is a matter for a parliamentary question.

I think the Taoiseach wants to respond.

This matter is not in order on the Order of Business.

It would be undesirable if the national development plan was published the week after the House went into recess. This is an important document setting out the priorities for the next six years as to how money will be spent. The plan will commit the House with regard to its budgets for the next six years. To publish a document of that nature a week after the House goes into recess would be to show a lack of respect for the House. I am sure the Government would not wish to do so deliberately, but it could end up doing so by omission unless the document is published this week.

There is some misunderstanding on this matter as there is much work to do on the national development plan. It is more likely to be late September before the plan in completed.

The last statement said mid-June.

The work is ongoing but, as I stated on Question Time yesterday, we have just finished a round of discussions with the social partners. It will be September before the plan is ready.

The Government is falling behind again.

It is not falling behind. We have to forward the plan to the European Commission in October.

The Taoiseach said we would have the plan by the middle of the year.

Will legislation be necessary if Ireland accedes to a UN request to participate in KFOR? If so, when will such legislation be brought before the House?

Legislation is not required as existing legislation covers this area. However, such a development would require a motion of the House.

Does the Government intend bringing forward such a motion or has it received a request from the UN for Irish personnel to participate in KFOR?

We have not received a formal request.

Does the Government propose to make such an offer?

When will the motion be brought before the House?

This is not Question Time.

This is the Order of Business and this is the second last week of the session. If this motion is not brought before the House we will not be—

We cannot have cross-examinations on the Order of Business. The Deputy should ask a brief question as many Deputies are offering.

This matter concerns the Order of Business in this House. I apologise to you, a Cheann Comhairle, but we are trying to do our job. The Irish people would like to participate in the UN humanitarian effort.

We cannot have cross-examinations. The Deputy should put his question.

There is not enough time for me to table a parliamentary question in the normal way. A motion of this House will be required if Irish personnel are to participate in KFOR. This should be signalled by the Government at this stage. It should not be for us to cross-examine the Government like the prosecution.

We cannot have arguments on the Order of Business.

A request will almost definitely be going to Government next week. We have not yet received a formal invitation. The House will go into recess, as the Deputy said, and the aim is that it will be put to the Dáil next week if we receive a request. We will know by Tuesday and if we receive a request we will put it to the House next week.

I wish to express my satisfaction that the Dáil will be able to consider this matter.

Has the Taoiseach's attention been drawn to the significant report published this week on serious social disorder in local authority housing estates?

That matter may be raised in many other ways. It is not in order on the Order of Business.

If the Ceann Comhairle will allow me—

I cannot because Standing Orders do not allow me to do so.

Will the Taoiseach allow Government time—

That is a matter for the Whips. I call Deputy Fitzgerald.

My question relates to Kosovo. I welcome what the Taoiseach said, but it would be unacceptable to delay until October a decision on Irish peacekeeping troops going to Kosovo.

Given the dispute at the heart of Government between the Tánaiste and the Minister for Finance on the McDowell report, will the Taoiseach indicate a schedule for the introduction of legislation in the area?

A priority question on the matter has been tabled for today and we cannot anticipate the debate on that.

When will legislation on the matter be brought forward?

There is no legislation at this stage. As I stated a number of times, the report will be examined and the two Departments will bring forward proposals to Government in due course.

This week in the High Court Mr. Justice Declan Budd complained that there are too few judges, which leads to undue costs and delays. He asked that more judges be appointed as a matter of urgency. What is the position regarding promised legislation to deal with the appointment of High Court and Supreme Court judges?

The legislation is due in the autumn of this year.

When will the planning and development Bill be published?

I hope in mid-summer.

Mid-summer's day was two days ago.

It will be during the summer recess.

When will the promised White Paper on medical insurance be published? Will the Government sanction a further increase in VHI premia given that there was a 9 per cent increase last year and the announcement today of a profit of £11.2 million? Will the Taoiseach allay consumers' fears?

The White Paper will be published during July.

Dúirt an t-Aire Stáit ag an Roinn Ealaíon, Oidhreachta, Gaeltachta and Oileán mí ó shin go mbeadh an Bille maidir le hÚdarás na Gaeltachta foilsithe agus díospóireacht air roimh an tsamhraidh agus, toisc gur Bille cuimsitheach a bheadh ann, go mbeadh go leor ama é sin a dhéanamh. Cathain a bheidh an Bille foilsithe agus cén t-am a bheidh ann don díospóireacht?

Since next week is the last week before the recess, the Údarás na Gaeltachta elections must be held this autumn and publication of the Bill to change the Údarás and adequate time to debate it was promised by the Minister of State at the Department of Arts, Heritage, Gaeltacht and the Islands before the summer recess, when will the Bill be published and how much time will be set aside to debate it? Does the Taoiseach believe the remaining time will be adequate for important legislation relating to the Gaeltacht?

The legislation was cleared by Cabinet this week and I understand it will be published next week. It will be a matter for the Whips to discuss when it will be taken in the House. I do not see it being debated next week, but it will be published then.

The Dáil rises next week and the Bill provides for substantial changes to allow elections to Údarás na Gaeltachta in the autumn. Is the Taoiseach seriously saying that the Bill will not be debated until October, which will provide for elections in October or November? That is inadequate.

It is a matter for the Whips to discuss but, as far as I recall, the previous Bill dealt with the elections while this Bill deals with constituencies and many other matters. Therefore, the elections are cleared to take place in the autumn.

Has the Government received communication from the European Commission regarding amending the Parental Leave Act which was found to be in breach of the EU directive? The Government sent its explanation for the Act to the Commission about a month ago. Has any response been received and will amending legislation be necessary for us to comply with the directive?

It is still being discussed with the Commission.

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