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Dáil Éireann díospóireacht -
Tuesday, 7 Mar 2000

Vol. 515 No. 6

Order of Business.

Today's Order of Business shall be as follows: No. 15, motion re Standing Order No. 64; No. 16, motion re Membership of Joint Committees; No. 38, National Beef Assurance Scheme Bill, 1999 [Seanad] – Order for Report Stage and Report and Final Stages; No. 39, Planning and Development Bill, 1999 [Seanad] – Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that (1) the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10.30 p.m.; (2) Nos. 15 and 16 shall be decided without debate; (3) the Report and Final Stages of No. 38 shall be taken today and the proceedings thereon, if not previously concluded, shall be brought to a conclusion at 5.30 p.m. today 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 Agriculture, Food and Rural Development; and (4) Private Members' business shall be No. 61 – Tobacco (Health Promotion and Protection) (Amendment) Bill, 1999 – Second Stage and the proceedings on the Second Stage thereof, if not previously concluded, shall be brought to a conclusion at 8.30 p.m. on Wednesday, 8 March.

There are four proposals to be put to the House. Is the proposal for the late sitting agreed to? Agreed. Is the proposal for dealing with Nos. 15 and 16 agreed? Agreed. Is the proposal for dealing with No. 38 agreed to?

No. Will the Minister agree that in view of the fact that there has been a prolonged Private Notice Questions period, which has eaten into the time envisaged for the conclusion of the debate on the National Beef Assurance Scheme Bill, that the order as proposed should be amended to allow the debate to continue until 6 p.m. so as to make available the time originally envisaged for this purpose?

I appreciate the Deputy's difficulty, therefore I agree to the request.

Is the proposal, as amended, agreed to? Agreed. Is the proposal for dealing with Private Members' business agreed to? Agreed.

In relation to the valuation Bill, I draw the Minister's attention to the fact that on 9 October 1997 the Taoiseach announced that this legislation would be introduced in the second half of 1998. Given that we are now in the first half of 2000, when will this legislation be introduced? It is important from the point of view of commercial business and certainty in relation to valuation?

This is a Bill to introduce a modern valuation Act, consolidating and updating old legislation. It is a very substantial Bill. Preliminary drafts are under review and the priority drafting has been authorised by the Government. The text of the Bill is expected in April 2000.

Will the Minister agree that it was a substantial Bill in 1997 when it was prom ised by the Taoiseach for the second half of 1998? Why has it taken two more years to produce than was originally envisaged?

There cannot be a debate on the matter.

The publication of the Bill is expected in mid-2000.

The Taoiseach has departed on official business and will be out of the country for approximately two to three weeks at least. I understand the Minister for Foreign Affairs is currently in Belfast and is involved in negotiations and discussions with the Northern Ireland Secretary, Mr. Mandelson, and with parties there. In view of the concerns of many people both inside and outside this House about the drift which is now occurring in respect of the situation in Northern Ireland, will the Minister say if time will be made available tomorrow for the Minister for Foreign Affairs to make a statement on this issue to ensure the political vacuum does not become any deeper or wider?

On the Taoiseach's visit to Australia and to the United States, the Taoiseach will be away less than two weeks, not three weeks as the Leader of the Opposition said on radio at the weekend. He has a fairly heavy and valuable programme in Australia. He will also visit East Timor and California. I am sure Members will agree he has taken on a fairly gruelling trip.

(Interruptions).

What will he be doing?

What is the entourage this time?

We are drifting away from what is appropriate on the Order of Business.

He will make a very brief trip there and he will be in Washington at a time which is most valuable from an Irish point of view.

He asked me to make a correction on the record. In replying to a question on the White Paper on Defence during last Wednesday's Order of Business, the Taoiseach stated that the Government decided to approve the strength of the Permanent Defence Forces of 10,500 together with the option of 2,250 recruits – that should read 250 recruits. Most people are aware of that, but this corrects the record.

The Minister for Foreign Affairs is currently very involved in discussions and it is best to leave him to get on with them. The Taoiseach will be at discussions in the States where much of the focus is centred now. We hope the discussions there will be helpful. It would be best to let them get on with that work.

I appreciate that the Minister is acting as head of Government in the absence of both the Tánaiste and the Taoiseach and, therefore, I hesitate to press him but, with all due respect, I ask him to convey to the Minister for Foreign Affairs that a report on the outcome of the talks and discussions that will take place tonight and tomorrow is essential. There is concern about drift and, although it might come as a surprise to the Minister, the Opposition parties in this House have a role to play and asking questions happens to be one of them.

I have no doubt about that and the Opposition has been very supportive, and I hope it will continue to be supportive in the current circumstances.

If we are informed.

I will convey the request to the Minister for Foreign Affairs.

Will the legislation on the Foyle Fisheries Commission, which was promised for mid-2000, be introduced? Are discussions still taking place with the Northern Ireland authorities regarding this legislation?

The heads of the Foyle Fisheries Commission Bill are expected in April or mid-2000, subject to consultation with the Northern Ireland authorities.

Is the Minister aware that on 11 February 1998 the Taoiseach promised that legislation would be introduced in the second half of 1998. We are now in the first half of 2000 and it has not appeared yet.

I presume the Leader of the Opposition realises that this is tied up with the peace talks and that it is a joint shared arrangement, North and South, and on that basis it is subject to some delay in the current circumstances.

The Bill to abolish ground rents, which is now in my name but was originally introduced by the Minister when he was on this side of the House, passed Second Stage on 19 March 1997. Does he agree there is no point having another full Second Stage debate on a Bill which has already passed Second Stage. Would he agree to a procedure whereby this Bill could be put to Second Stage without debate in Private Members' time and a motion taken without debate to have it referred to a committee, which was the status of the Bill in 1997 when he finished with it?

This is the Minister's big chance.

I am honoured that the Deputy and his party thought fit to take up my Bill in toto and run with it. I thank them very much.

We would like the Minister to take it up again.

(Interruptions).

It is not possible to indicate at this stage when the Minister's Bill will be ready.

Never is the answer to that.

We are waiting for the Attorney General's advice on the stand on the Bill.

The Minister can be more favourable than that.

This is the Minister's legislation. I presume he would like to see it on the Statute Book. It has already been through the House on Second Stage.

The Deputy cannot have a debate on the legislation. The Deputy asked his question and the Minister responded.

I asked him if he would agree to a simple procedure whereby a motion to be taken without debate can be taken to refer this Bill to a committee. It is a very simple matter. Any amendments by the Attorney General or the Minister can be dealt with at that stage. I am merely asking for it to be sent to a committee.

I am guided by the Minister for Justice, Equality and Law Reform and his legal advisers in the current circumstances, but the position regarding the Bill is as I have stated.

I am sure he would. We are in trouble then.

When will the Government introduce the legislation on the private security industry? Does the Government accept it is important that the people who were available to protect the Taoiseach last Saturday night should be licensed?

Deputy Farrelly has asked the question.

The people who protect us should be licensed.

It is not appropriate to continue.

The heads of the Bill have been approved and the Bill is expected late this year.

I have a programme before me which indicates that the Wildlife Bill will be discussed in the Dáil on Second Stage on Thursday, but it seems to have been dropped. Will the Minister indicate what happened, given that An Bord Pleanála has found against the Government's plan to vandalise the Burren? The Government is running from this issue again. When will the nursing Bill be introduced so that we have an opportunity to tear strips off the Minister for Health and Children over our nurses having to pay full fees? They are the only students who have to pay full fees. The Minister knows all about it – he was in the Department of Education. He said it was a matter for the Minister of Health and Children

It is not appropriate to comment on the legislation.

The Wildlife Bill has been published and has started its passage through the House. It is expected to be resumed in late March or early April.

It is in a cupboard.

I presume the Deputy realises there is a Finance Bill to be put through.

Promises are promises.

We also have to deal with the Social Welfare Bill, and they all have to be through by 1 April. That is the pressure on this.

They are all there.

The Minister puts the environment at the bottom of the list every time.

The Minister is always very informative and helpful on the Order of Business. I therefore want to ask him a question on the prisons Bill with which he may be able to help me. In February 1998 the Taoiseach indicated that it would be ready in early 1999. In September of 1999, the Taoiseach said it would be ready around Christmas of 1999. We were told in November that the general scheme of the Bill would be ready early this year. In the general press release we received on the legislative programme we are told it will not be ready until late in 2000. Will the Minister give us the history of how this Bill has slipped and slipped and state why it is not a matter of priority to the Government to reorganise the Prisons Service given that we have more prison officers than prisoners?

It is appropriate on the Order of Business to answer when the Bill will be taken but not to give its history.

The Opposition gave us the history. The heads of the Bill are expected in May or June of this year.

The heads?

It will probably be 2001 by the time the statutory prisons board is in place. There is a non-statutory board in place in the meantime.

Will the Minister be there to implement it?

The Minister has added another year to the timescale.

In regard to promised legislation, when will the immigration and residents Bill be published? Will it be published prior to the Tánaiste's promised legislation on work permits for non-nationals or will the two be published in sympathy with each other?

The heads of the Bill are expected in the middle of the year.

Which one?

The Bill relating to immigration and residency. The heads of the Bill are expected in the middle of the year. It will be taken late this year.

What is the middle? What is late? Where is the work permits Bill?

The work permits Bill will be late this year.

As well?

At present there are 33 Bills sponsored by the Department of Justice, Equality and Law Reform. The Minister is very industrious and is turning out much work.

Is the Minister aware—

We could start sitting on Fridays.

The Minister does nothing.

There are 25 Bills on the list.

Deputy Barrett without interruption.

Is the Minister aware that at present 14 Bills are before committees? Will the Government take action to ensure that a programme is set out to enable these Bills to be dealt with and sent back to the Dáil for Report Stage?

If the Opposition turned up, we probably would get more done.

When will the committee meet to deal with the Prohibition of Ticket Touts Bill? A total of 14 Bills are before committees at present.

There is not enough space.

We do not know what is happening to them. Does the Government have a programme regarding when they will be concluded by the committees?

The Bills are on Committee Stage.

I know that.

The committees order their own business.

The Government should give them some resources.

I agree with the Deputy it is important committees expedite more of the Bills before them to ensure they can be returned to the House. I will convey that message from the House. It is fair to note that there is a huge volume of business from the House. I do not blame anybody for this, but that is the reality. It is putting the committees under pressure, but they will be asked to expedite the work.

I appreciate there may be pressure in some Departments, but the Committee on Tourism, Sport and Recreation has had one Bill before it for some time. The reason given by the Minister in respect of that Bill is not justified.

We cannot debate the matter.

Sorry, a Leas-Cheann Comhairle—

We will hear Deputy Howlin on the same point before the Minister replies.

The Minister is being unusually helpful.

It is an extremely important issue. The Committee on Justice, Equality, Defence and Women's Rights has a huge volume of legislation before it. However, one Bill could not be taken because the Bills Office could not cope with the volume of work as the Finance Bill was being dealt with also. The Minister should take note of the structural issue involved. The committees and the systems of the House need to be resourced. Otherwise, the committee system will collapse.

I ask the Minister to be brief because, as he is aware, the House agreed to take the National Beef Assurance Bill and there is no point taking up 30 minutes with the Order of Business.

The issue will be examined. There is a problem with rooms.

And people.

That may be further resolved later in the year. There is a problem in relation to rooms and I have had that experience myself. There is a large volume of legislation and I will convey the views of the House to the committees. However, I also ask for the co-operation of the Opposition in getting the work done.

There is a problem with accommodation for committees. There are no rooms for meetings.

Or staff.

It is some time since the Minister for Health and Children promised prompt action in establishing an inquiry on the retention of babies' organs by hospitals following post mortems. The Government's position and the direction being taken are not clear. Will there be a statutory inquiry? How quickly will the decision be made? When will the legislation be introduced if a statutory inquiry is to be established?

The Minister will meet representatives of parents later this week. He is also having discussions with the Attorney General. He is actively involved in the issue at present.

There is no decision.

No decision.

These things are done by consultation and agreement.

I would prefer if the Minister did not respond to points that come by way of interruptions.

Is the Minister aware that he has an opportunity to make a name for himself while the Taoiseach and the Tánaiste are away by paying the fees of student nurses?

Three months ago the report on the implementation of the recommendations of the Commission on the Status of People with Disabilities was published. Given that the Disability Bill is fundamental to many of those recommendations, when will time be provided to debate the report?

A debate on the report is a matter for the Whips. If they agree on a time, it can be debated. There are pressures on the time available between now and Easter, but it is a matter for the Whips.

Given that my matter was not selected for discussion on the Adjournment, will the Minister outline the action the Government intends to take to rectify the major morale problems created for the Defence Forces by the recent leaks from the Department of Defence?

That is not appropriate to the Order of Business.

One of the more fanciful comments which emanated from the RDS at the weekend was from the Minister for Justice, Equality and Law Reform who stated that the legislation on bail will be triggered and will take effect from 15 May. Is the Minister aware of the crisis in prisons because there are no spaces for remand prisoners?

Will the Deputy ask a question appropriate to the Order of Business?

Regarding the new midlands prison in Portlaoise, the opening of which is long overdue—

Does the Deputy have a question on legislation?

How can the legislation take effect if there are no spaces for remand prisoners?

That is not appropriate to the Order of Business.

Regarding the Hague Convention on the Protection of Children, is the Minister aware of the terrible plight of Iraqi children?

That is not appropriate to the Order of Business.

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