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Dáil Éireann díospóireacht -
Tuesday, 3 Jul 2001

Vol. 540 No. 1

Order of Business.

The Order of Business today shall be as follows: No. 24, motion re: Approval of Instruments drawn up on the basis of Article K.3 of the Treaty on European Union; No. 25 motion re: Fourth Protocol to the Treaty of Amsterdam (proposal for a Council Regulation establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters); No. 27, motion re: Referral to Joint Committee of Protection of Young Persons (Employment) Act, 1996 (Employment in Licensed Premises) Regulations, 2001 and Protection of Young Persons (Employment) Act, 1996 (Bar Apprentices) Regulations 2001; No. 7 Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Bill, 2001 – Order for Second Stage and Second and Subsequent Stages.

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 10.00 p.m., and the sitting shall be suspended from 6.30 p.m. to 7.00 p.m., (2) Nos. 24, 25 and 27, shall be decided without debate; and (3) the Second and Subsequent Stages of No. 7 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 10.00 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments to the Bill, include only those set down or accepted by the Minister for Finance. Private Members' Business shall be No. 114, motion re: Health Services.

There are three proposals to be put to the House. Is the proposal for the late sitting agreed to?

We are opposed to this Order of Business and to the late sitting because of the incompetence with which this Government organised the business of the final week of the session. I bring to your attention that the Minister for the Environment and Local Government, who unfortunately is ill and cannot be in the House, will be looking from his bed at three measures that are going through at different stages. With all due respect to the relevant Ministers here on his behalf, they will not be in a position to accept any amendments coming from this side of the House. The Order of Business is badly structured and we are opposed to the late sitting on those grounds.

Will the Taoiseach bring an order before the House this week to change the chairperson of the Committee on Health and Children, given that the chairman—

That matter does not arise.

We are dealing with the extra late sitting.

If you want a replay we can have it on the next one. I am trying to facilitate the House by asking the question now.

Under the Treaty of Amsterdam.

Number 27, Sir. I will get it done quickly if you do not interrupt me. Deputy Batt O'Keeffe has been elected chairperson of the Southern Health Board. He is now in conflict with his position as chairman of the Committee on Health and Children because, in effect, he will be reporting to himself. Will the Taoiseach regularise the position and appoint a new chairman before the House goes into recess on Friday?

I ask you, Sir, to take into account that I have to oppose the late sitting because we have a badly organised week of work ahead which will include the Waste Management (No. 2) Bill, 2001, being dealt with when the Minister is absent and decisions are being taken without any Government response from the Minister. That should not happen in a democracy where people are accountable. I ask that the business be changed to allow the Minister time to recover. The Bill can then be taken in a proper fashion.

Question put: "That the proposal for the late sitting be agreed to".

Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, David.Aylward, Liam.Blaney, Harry.

Brady, Johnny.Brady, Martin.Brennan, Matt.Brennan, Séamus.Byrne, Hugh.Carey, Pat. Collins, Michael.

Tá–continued

Coughlan, Mary.Cullen, Martin.Daly, Brendan.Davern, Noel.de Valera, Síle.Dennehy, John.Doherty, Seán.Ellis, John.Fahey, Frank.Fleming, Seán.Flood, Chris.Gildea, Thomas.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.Kenneally, Brendan.Killeen, Tony.Kirk, Séamus.Kitt, Michael P.Kitt, Tom.Lawlor, Liam.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.

McGennis, Marian.McGuinness, John J.Martin, Micheál.Moffatt, Thomas.Molloy, Robert.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'Kennedy, Michael.O'Malley, Desmond.O'Rourke, Mary.Reynolds, Albert.Roche, Dick.Ryan, Eoin.Smith, Michael.Treacy, Noel.Wade, Eddie.Wallace, Dan.Wallace, Mary.Woods, Michael.Wright, G. V.

Níl

Barnes, Monica.Bell, Michael.Belton, Louis J.Boylan, Andrew.Bradford, Paul.Broughan, Thomas P.Browne, John (Carlow-Kilkenny).Bruton, John.Bruton, Richard.Burke, Ulick.Carey, Donal.Clune, Deirdre.Connaughton, Paul.Cosgrave, Michael.Coveney, Simon.Creed, Michael.Currie, Austin.D'Arcy, Michael.Deenihan, Jimmy.Dukes, Alan.Enright, Thomas.Farrelly, John.Finucane, Michael.Fitzgerald, Frances.Flanagan, Charles.Gilmore, Éamon.Hayes, Brian.Hayes, Tom.Higgins, Jim.Higgins, Joe.Higgins, Michael.

Howlin, Brendan.McCormack, Pádraic.McDowell, Derek.McGahon, Brendan.McGinley, Dinny.McGrath, Paul.McManus, Liz.Mitchell, Gay.Mitchell, Jim.Mitchell, Olivia.Naughten, Denis.Neville, Dan.Noonan, Michael.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Owen, Nora.Quinn, Ruairí.Rabbitte, Pat.Reynolds, Gerard.Ring, Michael.Ryan, Seán.Sargent, Trevor.Sheehan, Patrick.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.Yates, Ivan.

Tellers: Tá, Deputies M. Ahern and S. Brennan; Níl, Deputies Bradford and Stagg.
Question declared carried.

The second proposal is that No. 24, motion re. Approval of Instruments drawn up on the basis of Article K.3 of the Treaty on European Union; No. 25, motion re. Fourth Protocol to the Treaty of Amsterdam (proposal for a Council Regulation establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters) and No. 27, motion re. Referral to Joint Committee of Protection of Young Persons (Employment) Act, 1996 (Employment in Licensed Premises) Regulations, 2001 and Protection of Young Persons (Employment) Act, 1996 (Bar Apprentices) Regulations 2001 be dealt with without debate? Is that agreed ? Agreed.

The third proposal is that the Second and remaining Stages of No. 7, Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Bill, 2001, shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 10.00 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments to the Bill, include only those set down or accepted by the Minister for Finance. Is that agreed? Agreed. We now proceed to Leaders' questions.

It is now clear that the Taoiseach does not command the support or the authority to govern effectively. In the recent past he has lost the support of several of his Ministers, he has lost credibility among his European colleagues, he has lost the Cabinet vote on the ESB's investment in Poland, he has lost the referendum on the Nice treaty and he has lost the Tipperary South by-election, where his Fianna Fáil candidate was eliminated once more. In view of this catalogue of failure, will the Taoiseach confirm that we will be back in the House in October?

Will the Taoiseach explain to the satisfaction of the House why the principle of collective responsibility in matters of policy appears to be regularly flouted by the Government? Is it an indication that his authority in the Cabinet is being eroded on a progressive and constant basis?

The Government works on the basis of discussing items, making decisions, sticking by them and following the constitutional rules of collective responsibility. It has done so for the past four years and will continue to do so for the next year. I assure Deputy Noonan that not only have we not lost any support in Europe, but we have excellent respect for the way we have handled a difficult situation over the past number of weeks.

The Government is gaining support.

We will continue to do that. I acknowledge that Deputy Noonan has had one victory, but I suppose after the past six months of tripping over himself he needed something.

That is the sort of gracelessness that loses seats.

I thought that Deputy Noonan, since I was kind enough to give him the credit he was due, would also congratulate the Cabinet for the fact that for the first time ever, based on CSO figures, not only is GDP in double figures but GNP growth is 10.4%, the highest growth rate in the history of the State.

Tell it to the people of Wexford.

I acknowledge the excellence of Fianna Fáil's dirty tricks department. Will we be back in October and what is the Taoiseach going to do during the summer to give leadership and restore credibility of the Cabinet and the Government so it can govern effectively? There are manifest problems facing the people and the Government is all over the place. When is the Taoiseach going to give leadership? When is he going to carry the Government forward and put some discipline on it? When is the Taoiseach going to start governing again, if ever?

When will we have an election?

I assure the House we will be back in October, and I assure the country that we will continue to keep the economy going at a rate far better than anywhere else in Europe, creating 300,000 jobs, and will continue to reduce unemployment and administer all the services of the Government in an extremely good way, and certainly better than any other combination of this House.

Could we start with traffic?

What about housing and traffic?

The Taoiseach reminds me of the farmyard cock who crows with delight when the sun comes over the horizon, claiming credit for that wonderful achievement. Is the Taoiseach aware that, according to replies to questions put by two of my colleagues to the Minister for Education and Science, answered on 26 June, children going into school this autumn will be dealing with textbooks which will not refer to the euro or prepare them for the changeover which takes place at the beginning of 2002 and that they will be learning accountancy and other principles in relation to the currency of the State which will disappear on 11 February 2002? Is he aware that in the pathetic reply given by the Minister he said he had no responsibility for the production of the relevant textbooks and school books? Is he further aware that according to a recent survey among small and medium sized businesses and among the population on the forthcoming arrival of the euro, the level of awareness in the Republic is among the lowest of the 12 member states which will participate in the currency? Does he regard it as satisfactory that the Minister for Education and Science has failed to ensure the school system will be properly resourced and that textbooks are available to assist teachers in dealing with this problem in the classroom?

In his reply will the Taoiseach not attack the Opposition but give us a full briefing on this issue?

I have not seen the individual replies, and I do not think Deputy Quinn would have expected me to. The importance of the euro changeover and the work of the Euro Changeover Board was again discussed today by the Cabinet. There will be a special session of the Cabinet in the next few weeks on this issue, based on the necessity for us to drive the awareness campaign and to make sure businesses, including small businesses, consumers and every other sector are making the necessary preparations. I will raise the issue as it is a valid point. There are 1.2 million in the education system. For the past 18 months we have had a monthly report across all Departments and Government agencies and we have been trying to overcome a number of difficulties. Mr. Hamill of the Euro Changeover Board and his colleagues inform us that, while there are difficulties, they are well on target. We will have a meeting in July to discuss these issues, and I will raise the issue referred to by the Deputy.

Is the Taoiseach aware that an excellent exercise undertaken last year by my colleague, Deputy Shortall, showed that the commencement costs of a young pupil moving from primary to secondary education, which fall on the shoulders of a parent, is £707 or 898 euros, and that this cost is a burden which falls very unequally on parents because of their inability to pay or the necessity to borrow money from credit unions? In dealing with this transition, has the Taoiseach any plans to make available additional money by way of book and school grants for people moving from primary to secondary education?

In relation to my earlier question on preparations for the euro, will the Taoiseach specifically raise with the Euro Changeover Board, and in particular with Mr. Hamill, the possibility of a specific textbook being provided by that body as part of the overall costs of the changeover so no child going into primary or secondary school this autumn will be without the kind of textbook they need so they are equipped to fully understand the currency with which they will have to live for the rest of their lives?

I understand the Euro Changeover Board has had a campaign targeted at schools, but not a textbook. I will raise that point.

There is no textbook available.

I will raise the point made by the Deputy when we have the meeting with the board.

Regarding the first part of the Deputy's question, while resources are given to various schemes, this year there will be a significant increase in child benefit. The other schemes have also been improved over the past number of years. While they may not fully cover all the costs they are a substantial improvement on the situation as it was and are a big help to those who have children starting school and changing from one year to another.

It has come to my attention that, originating from individualisation, of two married couples on the same income, one pays £5,000 and the other pays £5,660 in income tax—

Is the question appropriate to the Order of Business?

I would like the Deputy to ask the question.

The Minister for Finance is introducing an amendment to the Ombudsman Act. Is it the intention to introduce this soon and will the remit extend to anomalies of this kind?

Those are matters for a Finance Bill.

I think it was my colleague, Deputy Michael Higgins, who asked the Taoiseach about promised legislation arising from the report of the DIRT inquiry concerning the establishment of an Oireachtas Commission. Has this matter been put out to consultants? I am sure their report will be worthy, but the whole idea was that Members would make decisions on that question. Would the Taoiseach agree to the report of the consultants or the first scheme of the Bill being sent to the appropriate committee of the House?

As I understand it the heads of the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Bill, 2001, have been cleared. There is also a report. I will raise the matter with the Government Whip. I assume the Deputy is seeking to ensure that work continues on the Bill when the Dáil is in recess and the committees are meeting.

The Taoiseach referred other Bills to committee at the heads of Bill stage.

I will check if that is possible.

Last October the Government outlined a set of proposals on Dáil reform, one of which was to allow written questions to be put and answered during a substantial recess. Will that facility be in place for the summer recess given the committed view of the Government as published last October?

The sub-committee on Dáil reform had some problems in the past year. However, there will be a meeting shortly and that matter is on the list of items to be discussed.

It will be in place for the recess?

Unfortunately, that will not necessarily be the case. If more progress had been made during the year, it definitely would have been in place. It is on the list of items to be discussed.

My question relates to legislation that is required. A serious problem has arisen in the insurance industry following the collapse of an English based insurance company, which left 9,000 motorcyclists in this country and many small firms with personal liability insurance without insurance cover. I understand this is because of a flaw on our legislation.

Questions must relate to proposed legislation.

I am asking if there will be legislation to repair the flaw in the implementation of the EU directive on insurance because of the risk to car insurance, motorcyclists and many businesses, some of which paid huge premiums which they will not get back.

Mr. Coveney

On the same issue, 9,000 motorcyclists, unknowingly, have been driving around for the past two weeks without insurance cover. Does the Government plan to introduce legislation to set up a policyholders protection board as exists in the UK?

The question does not arise on the Order of Business.

Mr. Coveney

It is extremely important.

It is an important matter, but the Deputy will have to find another way of raising it.

There is legislation on this.

The matter does not arise on the Order of Business. We will hear the Taoiseach and move on.

(Interruptions.)

There is no promised legislation. I had to wait to hear if it was appropriate to the Order of Business. I ask the Deputy to resume his seat.

The issue is not a legislative one. There is no problem with the existing legislation.

There is.

The difficulty is getting a company to take up this profile. It is not in legislation nor is it something that an amendment to legislation would resolve.

When will we see the Private Security Services Bill, 2001, which the Govern ment promised to put through the House by this session? The Taoiseach will be aware that it is required under a promise to the social partners who are trying to raise standards in the private security industry.

The legislation is ready and was published six months ago. Until now there has not been time to introduce it.

We know that.

The ombudsman for children Bill was promised before the summer recess. Will the Bill, which was initiated in the Department of Health and Children as far back as December 1996, be introduced this week?

I understand the legislation is almost ready. It will be published shortly and taken in the next session.

The document says before the summer recess.

What is the position with regard to the Government proposal to abolish ground rents? This matter has been discussed for a long time and many people are inquiring whether the Government intends to introduce legislation on this area.

The Minister for Justice, Equality and Law Reform and the Attorney General are working on this issue. I hope they can find a resolution to it.

(Dublin West): Four years into the life of this Government hard pressed tenants in private rented accommodation are paying more than £1,000 per month for the privilege of renting a modest home in a modest suburb in areas like Dublin west and elsewhere.

This is not appropriate to the Order of Business which is on promised legislation.

(Dublin West): It is appropriate. It relates to the lack of rights for tenants in private rented accommodation. When will the legislation, promised for so long by the Government to give some rights to tenants to protect them from the excesses of landlordism, be brought before the Dáil?

The heads, to give effect to the report of the commission on the private rented sector published last year, are expected in the autumn and the legislation will be introduced next year.

(Mayo): Four years ago Ireland signed the revised eurocontrol convention. That was in 1997. It is now 2001 and we still have not seen the Air Navigation and Transport (Amendment) Bill, 1997. When will it be introduced? When will the overdue report from the Attorney General and the Minister for Justice, Equality and Law Reform on the Arms Trial be published?

The heads of the Air Navigation and Transport (Amendment) Bill, 1997, are expected in the autumn and the legislation will be introduced next year. Efforts are being made to fit in the second matter later in the week.

My question is on the same point. The Taoiseach might be able to clarify it when he consults with the Minister for Justice, Equality and Law Reform. On 11 April, arising from the "Prime Time" programme, the Minister for Justice, Equality and Law Reform gave an undertaking that he would investigate the allegations and matters raised in the programme and report back to the House. Will that take place before the session ends?

Will there be a debate?

Young children are being forced to carry school books which are getting heavier and heavier. The Government produced a report last year which recognised the danger. The proposed measures have failed. Is legislation planned to regulate the size of school books on foot of that report?

Further to the Government's undertaking that no further decentralisation of State agencies would take place until a full analysis has been carried out, is the Taoiseach aware that the Minister for the Marine and Natural Resources, Deputy Fahey, is engaged in a smash and grab operation to remove the Central Fisheries Board from Glasnevin in Dublin central—

The matter is not appropriate to the Order of Business.

—to the west without any consultation with staff, on whom this was sprung?

We will proceed with the Order of Business. I ask Deputy Shortall to resume her seat. She is out of order.

When starting his summer walks next week in the run-up to the general election, the Taoiseach will probably find—

I will move on with the Order of Business if the Deputy does not ask a question appropriate to the Order of Business.

(Interruptions.)

The Taoiseach will find that crime levels on Dublin's north side are far higher than the Minister for Justice, Equality and Law Reform says. Does the Taoiseach intend to bring forward legislation on the national crime council, particularly in relation to crime statistics?

The remit of the council has been extended and, thankfully, crime has fallen significantly in the Deputy's constituency.

The Taoiseach needs to get out on the streets. He should start his walkabout.

Mr. Coveney

In relation to the Residential Institutions Redress Bill, 2001, how much longer will victims of institutional abuse have to wait before they receive compensation?

The question is not on promised legislation. It is on the implementation of the legislation.

Mr. Coveney

It is missed legislation.

The Deputy asked when victims could expect payment which relates to the implementation of legislation. I ask the Taoiseach when the legislation will be taken.

In the autumn.

Ireland is the only country which must hold a referendum on treaties agreed in Europe. On this occasion the treaty was rejected whereas on every other occasion it was endorsed.

I have a very relevant question. Given there may be other treaties in which other Governments will be involved, has the Government any plans to introduce legislation as regards Ireland's special situation in Europe?

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