The Order of Business today shall be as follows: No. a12, motion re Oral Questions and Priority Questions; No. 1, Údarás na Gaeltachta (Amendment) (No. 3) Bill, 1999 [Seanad], Second Stage (resumed); No. 2, Education (Welfare) Bill, 1999 [Seanad], Second Stage. It is also proposed, notwithstanding anything in Standing Orders or the Order of the Dáil of 29 September, that No. a12 shall be taken before Private Members' Business and shall be decided without debate. Private Members' Business shall be No. 71, motion re Ansbacher Accounts (resumed) which shall be taken after the Order of Business and conclude after 90 minutes.
Order of Business.
There is one proposal to be put to the House. Is the proposal for dealing with No. a12 agreed to?
No, there is not agreement on this because, as I put to the Government Whip yesterday—
We cannot discuss the matter.
I want to point out briefly—
There cannot be a debate on the matter.
There are smaller parties that do not have access to Priority Questions and are not recognised under Standing Order 106. I hope that at some stage we will change Standing Order 106 to recognise smaller parties in this House.
This proposal has been agreed between the parties so I have to put the question. Is the proposal for dealing with No. a12 agreed to? Agreed.
Yesterday my party leader, Deputy John Bruton, asked the Tánaiste if she would consider and agree to send the Ansbacher report to the Garda Commissioner. In the Dáil last night, the Tánaiste said she would consider that. The Taoiseach is aware that the newspapers, which have a job to do, are busily staking out and looking for more names. Before there is another frenzy of leaking this weekend, will the Taoiseach tell us that the Tánaiste has agreed to give the report to the Garda Commissioner so that we can ascertain whether, in fact, a leak has occurred?
I must remind the House that this matter is not appropriate to the Order of Business. I have allowed the Deputy to make a brief comment.
It is a procedural point. We will not be sitting after today and the Tánaiste said she would give it consideration overnight. I want to know if the Government has agreed to give the report to the commissioner.
Does the Taoiseach wish to comment?
A Ceann Comhairle, the Tánaiste did say yesterday that she would consider that matter and she is doing that. She has not made a decision yet.
Would the Taoiseach agree that this needs to be done extremely quickly before more names are put into the public arena and more reputations hurt—
We cannot pursue the matter any further at this stage. There will be an opportunity for the Deputy to have the matter pursued later.
—and that perhaps it is in keeping with what the Tánaiste said that if the names of people who are guilty are put into the public arena they will have the advantage of their prosecutions failing and the Government will be complicit in that if it does not ensure that no more leaking occurs? Will the Taoiseach tell us by the end of today's business that this report is going to the Garda Commissioner?
Yesterday we were discussing the companies Bill the purpose of which is to reform and amend the Companies Act, 1990. I understand from the Whips' meeting last night that the Government has indicated that it now intends to bring forward the Companies (Amendment) (No. 2) Bill, the Government's Bill, which completed Committee Stage in July and which is now scheduled for Report Stage. Since this Bill would enable us to address the issue of the Ansbacher accounts by way of increasing and extending the number of competent authorities or competent persons, why will the Government not bring that Bill in at Report Stage as a matter of urgency instead of waiting until 18 October because the Minister of State, Deputy Treacy, is not available? In view of the mechanism that is open to the Chair now, would he reconsider that parliamentary timetable and bring forward that Bill in respect of which there are only a few outstanding amendments that need to be addressed?
In respect of the Companies (Amendment) (No. 2) Bill, Order for Report Stage, a number of amendments are being prepared. The Department is not ready to bring those forward. As soon as they are, we will bring the Bill to the House, but that will take a short time.
That Bill was in the House on 21 July.
On that point, we are trying to be helpful in relation to a matter that has convulsed the entire country. The Government has the remedy in its own hands. The suggestion that three, four, five, or even ten amendments are of such a scale of complexity that the Department of Enterprise, Trade and Employment cannot draft them is simply laughable. The idea that we have to wait until 18 October to deal with this before it goes to the Seanad displays no sense of urgency on the part of the Government. I ask the Taoiseach to reconsider. If necessary we will draft the amendments for the Department if they are stuck – we have done it before. The reality is that this matter needs to be addressed as a matter of urgency.
The Bill before us has to do with non-resident companies. I do not think it has to do with what Deputy Quinn is talking about. That legislation will be drawn up.
The Taoiseach is misinformed. On the Committee Stage of this Bill, the Minister for Enterprise, Trade and Employment, Deputy Harney, through the Minister of State, Deputy Treacy, submitted a major amendment at the last minute amending section 21 of the 1990 Act, extending from five to 12 the competent authorities. I have gone through the Committee Stage of the Bill and, although the Minister said here and there that he would return on Report Stage on a number of issues, at no stage did he actually say he would table amendments. I do not understand why the Department has had two and a half months to examine this and why they cannot now expedite their work and bring it back. Legislation has been introduced overnight before. Deputy Rabbitte and I tabled many amendments and I would be happy for the Minister to take them on board. They have been drafted for the Minister by the two Opposition spokespersons.
The Taoiseach, on the timing of the legislation.
The Bill will be ready in a few weeks time.
I call Deputy Joe Higgins.
I would not like the record to show that the Taoiseach had misled the House. The Bill in question is exactly as Deputy Owen has said. It has nothing to do with companies of a different kind to which the Taoiseach was referring.
The contents of the Bill are not open to discussion at this stage.
Perhaps the Taoiseach would like to confirm, lest he might inadvertently have misled the House, that he could bring in this legislation if he wanted to—
I have called Deputy Joe Higgins on the Order of Business.
(Dublin West): On a different matter—
On the same matter—
We have finished with that matter. I call Deputy Joe Higgins on the Order of Business.
(Dublin West): Ó scoir an Dáil leag an Chúirt Uachtarach ar lár cuid thábhachtach den Acht a chruthaigh páirc náisiúnta stairiúil sa Bhlascaod Mór. An bhfuil sé ar intinn ag an Rialtas leasú a dhéanamh ar Acht 1989 chun gur féidir dul ar aghaidh leis an bpáirc stairiúil seo?
I asked the Taoiseach on a number of occasions during the last session about the Government's intention regarding the Great Blasket island and the difficulties when the High Court struck down part of the 1989 historic park Act. He indicated that the Government would await the outcome of the Supreme Court appeal. Unfortunately, since the Dáil went into recess the Supreme Court has struck down part of the Act making possible the creation of a national park in the Blasket islands. Is it the Government's intention to bring in amending legislation, so that this cultural treasure can be protected and a national historical park can be created on the Great Blasket? Will the Taoiseach bring forward legislation this session?
Is this promised legislation?
It is promised legislation. The Department is considering the Supreme Court judgment in regard to the National Parks and Historic Properties Bill. I do not have a date for it because the judgment is being considered. However, I will try to get a date for the Deputy.
In regard to the previous issue of the Companies (Amendment) (No. 2) Bill, I raised this matter at the Whips' meeting last night. Let us be frank and honest about this. The Department is supposed not to have amendments ready but the real reason is that the Minister of State is supposed to be in Washington for the next two weeks. I have requested that this matter be dealt with by another Minister next week. The business for next week has not been agreed because it is subject to this Bill being taken next Wednesday.
The Department is not ready.
I call Deputy Michael D. Higgins.
If the Government instructed the Department it would be ready.
In relation to the information given on the National Parks and Historic Properties Bill by the Taoiseach a few moments ago, that Bill is described in the list of forthcoming legislation as one on which work in not proceeding due to other priorities. The Taoiseach may want to correct the record. There is a way of answering Deputy Joe Higgins' question by, for example, incorporating Inishvickillaune in a national park, which may be considered delaying the Government.
I want to ask about two pieces of legislation on list D, which is a list of legislation for which no heads are in existence at present. One is the promised legislation to allow for parent representation on vocational education committees. The Minister for Education and Science promised that legislation would be prepared without delay. The heads are not in existence so, obviously, he has not been electrified into providing democracy in vocational education.
Neither the Minister for Arts, Heritage, Gaeltacht and the Islands nor the Aire Stáit are here. However, that legislation is falling off the end of list D. It says that heads are being prepared for the Housing (Gaeltacht) (Amendment) Bill. Baineann an reachtaíocht seo le botún a rinneadh sna seachtóidí. This legislation was to amend mistakes made in the 1970s in the allocation—
We are not discussing what the legislation is for. Questions must relate to the timing.
Is it the intention of the Government to produce this legislation rectifying mistakes made in the 1970s? Why are the heads of the legislation not ready, given that the Minister of State has been traipsing around the Gaeltacht giving an impression of energy?
He was meeting the people.
In regard to the National Parks and Historic Properties Bill, as I said, the Supreme Court judgment must be considered before the legislation is finalised and drafted. The vocational education Bill is due before the Government this autumn and it is hoped to be circulated early in the new year. I understand that the heads of the Housing (Gaeltacht) (Amendment) Bill have been agreed.
Will the Taoiseach introduce a Bill in this session to establish a children's ombudsman's office?
Is this promised legislation?
I am not sure if it is in the Children Bill but it has been—
Perhaps the Deputy would pursue the matter by way of a parliamentary question.
A commitment has been made.
Fad is atáimid ag caint ar an Roinn Ealaíon, Oidhreachta, Gaeltachta agus Oileán an féidir leis an Taoiseach a rá linn an bhfuil fadhbanna sa Roinn sin de bhrí go bhfuil Bille na Gaeilge curtha siar arís. Late 1999 a bhí ar an liosta deiridh agus late 2000 atá ar an liosta seo. Má tá príorachtaí eile ag baint leis an National Parks and Historic Properties Bill, cad iad na príorachtaí sin? Tá a fhios againn go bhfuil sé tábhachtach ach dúirt an tAire Ó Ruairc i mí Eanáir that it is not a priority agus an bhfuil athrú tagtha ar an scéal?
The Government has authorised the drafting of the Housing (Gaeltacht) (Amendment) Bill.
That was not what I asked about.
It was the first one.
I asked about Bille na Gaeilge.
The outlines of Bille na Gaeilge have been discussed by the interdepartmental committee for the islands and the Irish language, with a view to submission to Government in the spring. I think the Bill will not be published until the middle of or late next year. However, it will be before the Government in the spring.
Agus an Bille eile? Tá brón orm ach chuir mé ceist mar gheall ar dhá Bhille. Cad iad na príorachtaí eile maidir leis an National Parks and Historic Properties Bill?
For the third time – the Supreme Court judgment in regard to the national parks Bill, about which Deputy Higgins spoke, is being considered. As soon as the Department has decided what way to act, it will proceed with the Bill. The legal considerations of the Supreme Court judgment must be taken into account before the Bill is drafted.
But the list—
I call Deputy Gay Mitchell. We cannot pursue the matter any further on the Order of Business.
There is a Private Members' Bill on the Order Paper in my name. The Government has promised to bring forward its own legislation to deal with the convention for the protection of UN personnel serving abroad. Given that 50 Irish rangers are about to depart for the dangerous terrain of East Timor on a UN mission, will the Taoiseach confirm that this Bill will be introduced as a matter of urgency?
The Government Bill is ordered for Second Stage in the Seanad, so it is before the Houses.
When will Committee Stage of the Private Members' Bill on whistle-blowers introduced by the Labour Party be taken? Is the Taoiseach familiar with the RTE programme "Reeling in the Years", in which he appeared as the then Government Chief Whip in the early 1980s and said that, as far as he was concerned—
Has this something to do with the Order of Business?
It has. The Taoiseach said that, as far as he was concerned, never again would a Government be at the mercy of two or three Independents. I was curious to know if that is still true.
He has four now.
What about the Deputy himself in the 1980s?
That was before the Deputy changed parties.
I call Deputy Yates.
What about the whistle-blowers' Bill?
(Interruptions.)
The Taoiseach, on promised legislation.
It is at select committee.
Two Bills are promised in the electricity sector, one for the ESB and one for liberalisation. Given that the ESB says there is a real prospect of power cuts this winter if there is a cold snap, will the Taoiseach set out the timetable for this legislation? It appears to be on the long list rather than the short list. Will the Taoiseach ensure that it is given priority and fast tracked?
The heads of the electricity Bill are expected to be submitted to Government shortly. The Bill is due in the next session, February 2000.
After the power cuts.
The Deputy will go to the barricades.
Is the Government committed to the establishment of a statutory independent agency to administer FEOGA funds independent of the Department of Agriculture and Food, as stated in the programme for Government, or has that commitment been consigned to oblivion?
The question is more appropriate for Question Time.
It relates to promised legislation.
The Minister is to proceed with the establishment of an agricultural payments office to give effect to this commitment. I do not believe it will require legislation.
The Local Government Reform Bill, which should have been published before the local elections and which was due to be published mid-year, is now on the pink pages and is to be published sometime before January 2000. When exactly will it be published?
The Bill is due this session.
Mr. Hayes
Over the summer we were treated to the Minister for the Environment and Local Government's views on electoral reform. When will the House have a chance to discuss this issue? The programme for Government includes a commitment to review electoral reform. What is the Taoiseach's view on this? His backbench colleagues are most interested.
That opportunity has already arrived because it is before a committee of the House at present.
I call on Deputy Gormley to move item No. 9, Private Members' Bill—
A Cheann Comhairle, I have been trying for a long time to ask a question.
We have now exceeded 20 minutes.
I have an important question for the Taoiseach and I have waited patiently.
The Deputy can ask a brief question but we cannot continue the Order of Business indefinitely.
Why not?
There is other important business to be dealt with today. Deputy McManus, very briefly.
With all due respect to the Chair, I cannot think of anything more important than the question I wish to raise. Yesterday I asked the Taoiseach about the nursing Bill and his attitude to the pending strike which will create an unprecedented situation. If nurses are going to walk away from hospital wards—
The Minister for Health and Children is due to answer a number of priority questions on these matters.
May I ask my question, a Cheann Comhairle?
Yes, I have allowed the question but the Deputy is not asking it. Will she ask the question?
I am asking about a deepening of the crisis where junior hospital doctors—
The Deputy is anticipating questions on the Order Paper today. She is not in order. The Minister for Health and Children will deal with questions on nursing and hospital matters today.
Will the Government ensure that the working time legislation is extended to cover junior doctors? Is the Taoiseach going to oversee the greatest crisis in our hospital services—
The Order of Business is not the time to ask about the content of legislation, just the timing of legislation and the Deputy realises that.
Doctors and nurses will walk away from their patients because the Taoiseach has not—
The Deputy must resume her seat. I will ask the Taoiseach to comment on the timing of the legislation.
A Cheann Comhairle, on a point of order—
The Deputy knows she is out of order. I said yesterday the Bill will be ready in mid-2000. Priority Question No. 2 in the Deputy's name on today's Order Paper is the question she is asking the House this morning.
Does the Taoiseach not want to reply?
On a point of order, when did the House decide that questions on the Order of Business were confined to 20 minutes?
Twenty years ago; it used to be ten minutes.
The questions are solely at the discretion of the Chair. The Chair can decide whether the time is ten or 20 minutes.
(Interruptions.)
The duration of questions on the Order of Business is the Chair's decision. I am allowing the average time, which is 20 minutes. We have now reached 25 minutes which is above the average. The Chair has no intention of extending the time.
I do not wish to get into conflict with the Chair but would you not consider, after a long summer recess and facing a mountain of promised legislation, that it is a legitimate—
I gave that consideration yesterday and again today with an extra five minutes.
There are still plenty of questions outstanding.
Where did the 20 minute rule originate?
We cannot accept that procedure, a Cheann Comhairle.
The Chair decides the number of questions on the Order of Business. I ask the Deputies to be orderly. I call Deputy Gormley on item No. 9.