Dáil Éireann díospóireacht -
Thursday, 28 Mar 2002

Vol. 551 No. 4

Order of Business.

The Taoiseach

The Order of Business today shall be as follows: No. 22, Supplementary Estimate for Public Services [Vote 44] – from committee; No. 31, motion re proposed approval by Dáil Éireann of a proposal of the Treaty of Amsterdam (a proposal for a Council Framework Decision on combating trafficking in human beings) – from committee; No. 32, motion re proposed approval by Dáil Éireann of a proposal provided by Article 1.11 of the Treaty of Amsterdam (a proposal for a Council Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence) – from committee; No. 33, motion re proposed approval by Dáil Éireann of a proposal under the Fourth Protocol to the Treaty of Amsterdam (a proposal for a Council directive defining the facilitation of unauthorised entry, transit and residence) – from committee; No. 34, motion re convention drawn up on the basis of article K.3 of the Treaty on European Union, on simplified extradition procedure – from committee; No. 35, motion re convention drawn up on the basis of article K.3 of the Treaty on European Union, relating to extradition between the member states of the European Union – from committee; No. 36, motion re proposed approval by Dáil Éireann of a proposal under the Fourth Protocol to the Treaty of Amsterdam (a proposal for a Council Regulation extending the provisions of Regulation (EEC) 1408/71) – from committee; No. 37, motion re agreement between the Government of Ireland and the Government of the Republic of Poland – from committee; No. 38, motion re agreement between the Government of Ireland and the Government of the Federal Republic of Nigeria – from committee; No. 39, motion re agreement between the Government of Ireland and the Government of the Republic of Bulgaria – from committee; No. 40, motion re proposed approval by Dáil Éireann of the terms of the Rome Statute of the International Criminal Court – from committee; No. 40a, motion re terms of reference for the Flood tribunal; No. 40b, motion re terms of reference for tribunal of inquiry into Garda activities in County Donegal; No. 71, Solicitors (Amendment) Bill, 1998 [Seanad] – Order for Report and Report and Final Stages; No. 1, Residential Institutions Redress Bill, 2001 – amendments from the Seanad; No. 6, Medical Practitioners (Amendment) Bill, 2002 – Order for Second Stage and Second and Subsequent Stages.

It is proposed, notwithstanding anything in Standing Orders, that: (1) Nos. 22, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, and 40a shall be decided without debate; and any division demanded on No. 22, shall be taken forthwith; (2) the proceedings on No. 40b, shall, if not previously concluded, be brought to a conclusion after 60 minutes and the following arrangements shall apply: (i) the speech of the Minister for Justice, Equality and Law Reform and of the main spokespersons for the Fine Gael Party and the Labour Party shall not exceed ten minutes in each case; (ii) the speech of each other Member called upon shall not exceed ten minutes; (iii) Members may share time; and (iv) the Minister for Justice, Equality and Law Reform shall be called upon to make a speech in reply which shall not exceed five minutes; (3) the Report and Final Stages of No. 71 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 1.15 p.m., 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 Justice, Equality and Law Reform; (4) the proceedings on No. 1 shall, if not previously concluded, be brought to a conclusion at 1.45 p.m. and any amendments from the Seanad not disposed of, shall be decided by one question which shall be put from the Chair, and which shall, in relation to amendments to the Seanad amendments, include only those set down or accepted by the Minister for Education and Science; (5) Second and Subsequent Stages of No. 6 shall be taken today and the following arrangements shall apply: (i) Second Stage to conclude within two hours and 30 minutes, if not previously concluded; (ii) Committee and Remaining Stages to conclude at 5.30 p.m., if not previously concluded; and the proceedings thereon shall be brought to a conclusion by one question in each case 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 Health and Children; (6) the Dáil on its rising today shall adjourn until 2.30 p.m. on Wednesday, 17 April 2002.

An Ceann Comhairle

There are six proposals to put to the House. Is the proposal for dealing with Nos. 22, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 40a without debate agreed to?

Mr. Quinn

I congratulate the Taoiseach on making one of his longer speeches on the Order of Business. It is absolutely ludicrous, notwithstanding the Government's desire to take a holiday given its current level of exhaustion—

Ms Hanafin

We are working too hard.

Mr. M. Smith

Pharisees at the top.

Mr. Quinn

The Government does not like accountable democracy as it rankles with the slightly constitutional party. However, our party has been asked to give its assent to the rubber-stamping without debate of 21 completely diverse items between yesterday and today and we simply will not do so. The repetition of the litany of diverse items that you read, a Cheann Comhairle, is an indication of how panic stricken is the Government.

Mr. M. Smith

We had to do so because the House had to adjourn early twice.

Mr. D. Ahern

That happened on two occasions because the Opposition was not present.

Mr. Stagg

The Government did not provide for a debate on those occasions.

Mr. D. Ahern

The Opposition was not there.

Mr. Quinn

I wish the Minister was all there.

Mr. D. Ahern

Members Opposite did not deserve a debate.

Mr. Stagg

We were all present.

An Ceann Comhairle

Order, please.

Mr. Quinn

Backbenchers in Fianna Fáil might be happy to acquiesce in this proposal but I remind the House that this is the culture of corner cutting and doing things in haste that has led to the litany of revelations at the Committee of Public Accounts and has brought about the falling on his faithful sword of "my best friend forever", Mr. Teahon.

Mr. D. Ahern

Deputy Lowry did that to the Government of which Deputy Quinn was a member.

Mr. Quinn

This may very well be rubber-stamp democracy as far as Fianna Fáil is concerned but as far as the Labour Party is concerned, this is not the way to do business and if the Government wants evidence of that, it should examine what has emerged in respect of the Campus Stadium Ireland development.

Mr. J. O'Keeffe

I refer to the passage of this raft of measures without debate, particularly No. 40. Nowhere have I seen an example of more slovenly incompetence than in regard to this issue. I have been pressing for two years for Ireland to ratify the Rome statute to enable us to participate in setting up the international criminal court. I have been told repeatedly during that time that significant legislation was needed to enable us to ratify the statute. As recently as last Wednesday in the House, the Minister for Foreign Affairs stated this could be not be done because of the need for such legislation, yet by magic we can ratify the statute today without putting legislation in place to underpin ratification.

This is a display of absolute and utter incompetence on the part of the Government as it endeavours to have Ireland ratify an international agreement without putting in place the measures domestically to enable us to comply with our international obligations. The only reason I do not call on the House to oppose the motion is that I have been pressing for years for the House to ratify the statute. A crazy precedent is being established and it is an example of the Government's utter incompetence.

Deputies

Hear, hear.

Mr. Sargent

We have heard of painting by numbers, but this is politics by numbers. The House resembles a bingo hall more than Dáil Éireann. I refer to No. 40, which relates to the terms of reference of the Flood tribunal. It is on the Order of Business as a motion to be passed without debate. To be responsible to the people, who had expectations of the tribunal, we must make sure it reports before the election. This is mushroom treatment of people by keeping them in the dark as we enter the election campaign without a report from the tribunal. We cannot agree to the Order of Business until the terms of reference include an interim report and a debate in the House, which is suggested on page 1 of the Order of Business but is deleted on page 2.

The Taoiseach

Practically all of these motions have returned from committee where they have been debated and that has always been the process.

Mr. M. Higgins

What about No. 40?

Mr. Howlin

Committees do not have power to make amendments.

The Taoiseach

It is Holy Thursday and tomorrow is Good Friday. There was a practice in this House for about 60 years that we did not sit on Holy Thursday but that has changed in recent years. I am surprised the Deputy wants to sit on Good Friday.

Mr. Browne

(Carlow-Kilkenny): The Government does not need to crucify us today.

An Ceann Comhairle

Order, please.

Mr. Stagg

The House only sat on eight days in March.

The Taoiseach

We sat more hours in March this year than we did in March last year.

Mr. Quinn

The Taoiseach has been running away, he would not come into the House.

The Taoiseach

Deputy Sargent asked about the resolution amending the terms of reference of the tribunals of inquiry. He is correct that it will be taken without debate. However, the resolutions were passed by both Houses of the Oireachtas in July last to amend the terms of reference of the Flood tribunal to allow for an increase of the tribunal's membership from one to three, one of whom would be the chairman, Mr. Justice Fergus Flood, and the appointment of a reserve member. The reserve member will sit at the tribunal to hear evidence with a view to him or her being available to become a member of the tribunal in the event that an existing member is for any reason unable to sit.

The Tribunals of Inquiry (Evidence) (Amendment) Bill, which has completed its passage through both Houses and is expected to be signed by the President later today, will provide a new statutory basis for appointing additional members and reserve members to the tribunals. The Office of the Attorney General has advised that the Flood tribunal resolutions passed last July should be revised to reflect the new legislation and relayed before both Houses. It has not been possible to do so before now, as the Bill is only expected to be signed into law today. A copy of the revised resolutions is being put before the House.

This is purely a technical exercise which in no way changes the substance of what the Houses have approved. The Opposition spokespersons, Deputies Olivia Mitchell and Gilmore, have indicated agreement to revised resolutions being taken without debate. The new resolutions must be approved today. Without them, the new members cannot be appointed to the Flood tribunal. The new members have been selected and were approved by the Government on 19 February. Upon their appointment as Circuit Court judges, Mr. Alan Mahon, SC, and Ms Mary Flaherty, SC, will be appointed as additional members of the tribunal and Mr. Gerry Keys, BL, will be appointed as the reserve member. The additional and reserve members will be formally appointed by an instrument to be made by the Minister for the Environment and Local Government immediately following the enactment of the Court and Court Officers Bill, which is before the House.

Mr. Sargent

The Taoiseach is avoiding the report to keep people in the dark.

Question put: "That the proposal for dealing with Nos. 22, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 40a be agreed to”.

Tá

Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, David.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Séamus.Briscoe, Ben.Browne, John (Wexford).Carey, Pat.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cullen, Martin.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dennehy, John.Doherty, Seán.Ellis, John.Fleming, Seán.Flood, Chris.Fox, Mildred.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.

Kenneally, Brendan.Killeen, Tony.Kirk, Séamus.Kitt, Tom.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McGennis, Marian.McGuinness, John J.Moffatt, Thomas.Moloney, John.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.O'Dea, Willie.O'Donoghue, John.O'Flynn, Noel.O'Hanlon, Rory.O'Keeffe, Batt.O'Kennedy, Michael.O'Malley, Desmond.O'Rourke, Mary.Power, Seán.Reynolds, Albert.Roche, Dick.Ryan, Eoin.Smith, Michael.Treacy, Noel.Wallace, Mary.Walsh, Joe.Woods, Michael.Wright, G. V.

Níl

Belton, Louis J.Boylan, Andrew.Bradford, Paul.Broughan, Thomas P.Browne, John (Carlow-Kilkenny).Bruton, Richard.Coveney, Simon.Crawford, Seymour.Creed, Michael.Currie, Austin.Deasy, Austin.Durkan, Bernard.Enright, Thomas.Finucane, Michael.Fitzgerald, Frances.Flanagan, Charles.Gilmore, Éamon.Gormley, John.Gregory, Tony.Hayes, Brian.Hayes, Tom.Healy, Seamus.Higgins, Jim.Higgins, Michael.Hogan, Philip.Howlin, Brendan.Kenny, Enda.McCormack, Pádraic.

McDowell, Derek.McGahon, Brendan.McGrath, Paul.McManus, Liz.Mitchell, Gay.Mitchell, Jim.Mitchell, Olivia.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Noonan, Michael.Ó Caoláin, Caoimhghín.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Penrose, William.Perry, John.Quinn, Ruairí.Rabbitte, Pat.Ring, Michael.Ryan, Seán.Sargent, Trevor.Shatter, Alan.Sheehan, Patrick.Shortall, Róisín.Spring, Dick.Stagg, Emmet.Upton, Mary.Yates, Ivan.

Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Bradford and Stagg.

Question declared carried.

An Ceann Comhairle

Is the proposal for dealing with No. 40b, the motion re the terms of reference for a tribunal of inquiry into Garda activities in County Donegal, agreed?

Mr. Howlin

The one hour debate scheduled on this matter is set out in the order before the House like a Second Stage debate in that Members will make ten minute contributions followed by a five minute reply from the Minister. This is a formal motion to which amendments have been tabled by Deputy Shatter and myself. How and when will the amendments be dealt with and formally moved?

An Ceann Comhairle

Amendment No. 1 will be moved first—

A Deputy

Politics is a simple matter.

Mr. Howlin

That is very helpful information.

An Ceann Comhairle

They will be taken at the end—

Mr. Howlin

The 60 minutes has been broken into ten minute slots which will be filled according to the order of speakers. Is a Committee Stage debate available?

An Ceann Comhairle

It is a motion, not a Bill.

Mr. Rabbitte

When will the second amendment be taken?

Mr. Howlin

Will there be an opportunity to formally move and debate the amendments?

An Ceann Comhairle

Yes, at the end of the debate.

Mr. Howlin

The motion will be formally put at the end of the 60 minutes.

An Ceann Comhairle

The two amendments will be put at the end of the debate which does not prevent the Deputy from speaking to them in the course of his contribution. It is the same procedure as that which applies to Private Members' time motions.

Mr. Howlin

It is not the same in as much as there are a number of amendments to different proposals in the motion, the most important of which is to include, in the terms of the reference, the actions of the Minister for Justice, Equality and Law Reform and his Department. Will there be an opportunity for that amendment to be formally moved and debated because the rest of the debate will be on the general terms of the motion.

An Ceann Comhairle

The amendments will be moved during the debate and put at the end.

Mr. Howlin

Only one of them will be moved.

An Ceann Comhairle

The two amendments will be discussed. Whether there is a vote on the second one will depend on the outcome of the first.

Mr. Howlin

Will the first amendment moved be formally voted on or will there be a vote only on the resolution in the name of the Minister?

An Ceann Comhairle

Yes, the Deputy can call a vote. Is the proposal agreed? Agreed. Is the proposal for dealing with No. 71, order for Report and Report and Final Stages of the Solicitors (Amendment) Bill, 1998 [Seanad], agreed? Agreed. Is the fourth proposal for dealing with No. 1, amendments from the Seanad in relation to the Residential Institutions Redress Bill, 2001, agreed? Agreed. Is the proposal for dealing with No. 6, order for Second Stage and Second and Remaining Stages of the Medical Practitioners (Amendment) Bill, 2002, agreed?

Mr. G. Mitchell

I understand from discussions I had with the Minister for Health and Children that it is necessary to pass this Bill because we would otherwise run into registration problems in July. While I was agreeable to taking the Bill for this reason, I did not agree to take all Stages today. I do not see the urgency since the Taoiseach stated the House will come back on 17 April. If that is the case, will he not agree to defer Committee and Remaining Stages of the Bill until then and take Second Stage today?

Mr. J. Mitchell

The Deputy will be Minister for Health and Children by then.

The Taoiseach

As I understand it, the Bill has to be passed now because it leads the way for all the procedures to be put in place. However, the legislation is only the first part of the work and is required in order that the work can proceed. It is not a question of the legislation being the end of the process, it is only the start of the process.

An Ceann Comhairle

Is the proposal agreed? Agreed. Is the sixth proposal for dealing with the Adjournment of the Dáil agreed?

Mr. Rabbitte

On No. 6, will the Taoiseach inform the House of his appointments for the day in question, 17 April?

Mr. Treacy

Would the Deputy like a meeting?

An Ceann Comhairle

Is the proposal agreed? Agreed. We will now take Leaders' questions.

Mr. Noonan

The Government's Education for Persons with Disabilities Bill, 2002, has been rejected out of hand by the interest groups. The Minister did not have discussions with the Autism Association of Ireland. In the course of the debate in the Seanad the Bill was strongly opposed by everybody other than Government Senators and the support given by the Government for the proposal has been extremely weak. In view of this and the fact that the commitments given by the Ministers for Health and Children and Education and Science have been rowed back, will the Taoiseach announce the withdrawal of the Bill? It does not meet the needs of the persons it is supposed to serve.

Mr. Quinn

Will the Taoiseach and his Minister for Education and Science explain the reason Fianna Fáil has such contempt for citizens with disabilities in this State? Why, having failed to learn the lessons of the debacle—

Dr. Woods

That is not true.

Mr. Quinn

It is contempt. Does the Minister want the record? I will repeat the question I asked before I was interrupted. Why does Fianna Fáil, which he leads, and the Progressive Democrats, who are still in Government, have such manifest contempt for citizens with disabilities that, having failed to learn the lessons of the debacle endured by the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Mary Wallace, the Minister for Education and Science published a so-called consultative Bill in white format on Monday—

Dr. Woods

Friday.

Mr. Stagg

Kept until Monday.

Mr. Quinn

It was circulated on Monday, a Bill for so-called consultative purposes, but was subsequently rammed through the Seanad on Tuesday. I am not sure if the Tánaiste is aware of this particular sequence of events but it would give credit to the openness and transparency of President Mugabe in comparison.

It was published and circulated on Tuesday and put through the Seanad, where two major rows, some of which I heard, were guillotined.

Dr. Woods

Not guillotined.

Mr. Quinn

I would love the Minister to explain if he wants to explain. Will he publish the list—

An Ceann Comhairle

I ask Deputy Quinn to proceed and not to respond to interruptions.

Mr. Quinn

If the Minister is so anxious to explain his contempt for people with disabilities I would be quite happy to hear from him but, unfortunately, he is not yet Taoiseach. Under Standing Orders my questions are directed to the Taoiseach.

I will start again: Is the Taoiseach aware of the widespread outrage being expressed by many people about the way in which for the second time in days, if not weeks, they are seeing the spectacle of this legislation being rammed through? As stated in the Irish Examiner today, the existing rights these people see themselves as having are being curtailed even further by legislative measures.

Dr. Woods

Nonsense.

Mr. Quinn

If we had time to debate this we could explore the measures but the reality is that those in the know, including Pat Walsh and Mary Naughton, members of the recent task force on autism, would like to take this opportunity to disassociate themselves from—

An Ceann Comhairle

I ask the Deputy to confine himself to a question.

Mr. Quinn

I am responding to the queries of the Minister for Education and Science.

An Ceann Comhairle

The Deputy does not have to respond.

Mr. Quinn

The Minister is so riven with guilt he has to interrupt me because he knows he is treating those with disabilities with contempt.

Can the Taoiseach explain why the Government acquiesced to this shoddy procedure? Will he do to this Bill what he did to the other disabilities Bill, which has been effectively buried and put on the shelf?

The Taoiseach

Members will recall that over the past number of weeks I have been asked practically every day about this Bill. I was asked on Tuesday if we would try to get it through the House this week. The Bill will confer statutory rights on people with disabilities to an appropriate education and it will provide a framework within which that can be delivered. The Bill as published is based on examples of best practice from other jurisdictions, notably the United States and United Kingdom. I recall people who lobbied me on this issue saying we should look at the United States.

The Bill draws on recommendations of various expert groups such as the task force on autism and the special education review committee. Most important, it provides in law what many parents have long demanded – close involvement in decisions on their children's education, a statutory right to assessment of needs and a statutory duty on the State to fulfil those needs, as well as individual education plans, early intervention, integrated education, continual education, training for adults with special needs and co-ordinated action by education and health agencies. That is what the Bill gives – it gives all these statutory rights to people with disabilities.

The Minister recognised that there was limited time to enact the Bill and realised that if he did not do so then the Bill could drift on. He was under considerable pressure to have it before Easter, which is not possible, but it went through the Seanad, where there was an excellent and comprehensive debate. I note what Deputies Noonan and Quinn have said and people have also contacted my office about the Bill, but most of the facts put forward – admittedly in a short space of time – are entirely wrong. The Minister's Department has given me the replies to those points. Over the next two and a half weeks, the Minister will meet the organisations concerned so they can put their views to him. When we come back we can make the amendments they seek. However, most of the amendments I have been given overnight are already in the Bill, so people are misreading the Bill. Maybe that is due to pressure of time but that can be cleared up.

In connection with points made in the media, provision is made for children between birth and the age of three where there are specific education needs, although not all children with disabilities need education during this period. There are specific statutory rights for adults to continu ing education, in particular in the cases of those who are severely or profoundly disabled. The Bill provides for lifelong education and personal development, with a qualified teacher as part of the multidisciplinary team providing services. The Bill has no impact whatsoever on access to the courts, which is another point. While it does provide an alternative through a mediation and appeals system, it does not stop a person enforcing his or her rights under the Bill in the courts, as has been said today in the media. The Bill specifically provides that the services proposed in the Bill by the Department of Justice, Equality and Law Reform can be engaged by parents in relation to education issues. Assessment issues can be appealed to an independent appeals body. All of these points have been made but they are incorrect.

Obviously there is value in the Minister being able to clarify these issues. People will see the enormous benefits in the legislation and unless there is some other motivation, people will be only too glad to see the Bill being passed.

Mr. Noonan

The Taoiseach will appreciate how stressful long-term caring is, as will all Members from their constituency work in meeting the parents of disabled children. What always comes across is the amount of ongoing stress in their lives and how they feel they are let down when they seek assistance from the State. As we speak, the parents of autistic children and their representatives are meeting in a hotel across the road. This proposal by the Minister, no matter how well-meaning, has failed to meet identified needs.

Mr. Quinn

Hear, hear.

Mr. Noonan

The Taoiseach could relieve an awful lot of stress for many people by giving a signal that this Bill will not be hammered or dragooned through as drafted. While it might be a vehicle for the delivery of services required, it is an inadequate vehicle and there will be no attempt to complete it in this House until serious amendments are made. The Taoiseach should make that commitment this morning. Many people are stressed by the prospect of ongoing caring for a close relative in circumstances where they feel the State has let them down, where their loved ones' constitutional rights are not being vindicated in legislation and where services are not being put in place.

This may be our last day here. I ask the Taoiseach to give the signal that he will not dragoon the Bill through as drafted because regardless of the Minister's intentions, he has failed to deliver what is needed. The Bill is now an added focus of stress for carers rather than a relief for their needs.

The Taoiseach

I agree with most of what Deputy Noonan said. All of us have experience of dealing with people with disabilities and trying to assist them. That is what the Minister is trying to do. I emphasise that no effort is being made to rush the Bill through. The only reason we are pressing hard is that various committees and Members have said week in, week out that they want the Bill to come forward so that there is not a long delay. People outside the House have also lobbied for this for a considerable length of time, identifying the areas to be examined.

The Minister was asked to look at other jurisdictions, particularly the UK and the US. He was asked to take into account the views of the task force on autism, the special education review and the representations that have been made to him by almost every Deputy in the House. We were trying to get on with the Bill because we know there are special needs. It is not being pushed through just yet and it can be dealt with over Easter.

I merely pointed out earlier that a group of people made 11 points in relation to the Bill last evening, nine of which were wrong, and that the Minister has to point out such errors. Officials dealing with the Bill believe the group is misreading the other two issues. There may more than 11 concerns, but I can comment only on those I have encountered. The group will have an opportunity to meet the Minister in the next few weeks. I assure Deputy Noonan that the Government is seeking to confer statutory rights, such as the right to an appropriate education, on people with disabilities and to provide a framework within which the rights can be delivered. The conferring of the statutory right to an assessment of needs and the provision of the necessary resources for intervention, early education, integrated education and continuing education will go an long way to addressing the problems in this area. The Minister, Deputy Woods, will listen to genuine amendments.

Mr. Quinn

I am glad the Minister for Education and Science is here as my question for the Taoiseach relates to him. More than three months have passed since my colleague, Deputy Shortall, raised in the House the question of the 850 school buildings which are at various stages of application in the Department of Education and Science's building unit in Tullamore. The Taoiseach is aware from his many trips around the country that construction is one of the issues most often raised by associations representing pupils, teachers, parents, principals and school managers. They want to know where their applications stand in the queue in Tullamore and when they will hear whether refurbishment, an extension or a new building will be cleared to commence. The Minister for Education and Science gave an undertaking in the House at the end of January that he would publish the list so we could see the status of applications. If schools knew they had to wait for a few years, they would be able to proceed with the rest of their business. We accept there is a massive capital programme but, sadly, it has been brought to a halt.

Is the Taoiseach aware that the Minister for Education and Science has reneged on his promise to publish the list? Does he intend to hold the Minister to account as regards the publication of the list? Does he agree there is a crisis of morale in the education system, part of which relates to the substandard physical working conditions tolerated by teachers? Does the Taoiseach believe the problem of morale, which will be strongly vented at the teachers' conferences next week, could be partly alleviated with a dose of honesty and transparency on the part of the Department of Education and Science? The list of schools should be published and accompanied by a timetable. Will the Taoiseach indicate whether he intends asking or directing the Minister to publish the list, with its associated detail, including a timetable of provision, so school authorities know where they stand? I am aware that the list exists and that it is a matter of concern for all in the education system. Will it be published as soon as possible?

Mr. Noonan

I put it to the Taoiseach that the capital provision under the schools building programme in the 2002 Book of Estimates is not all taken up by ongoing building work. Will he explain why the Minister for Education and Science is refusing to make an announcement about 850 schools which are different stages of development?

Mr. Rabbitte

He is looking forward to a second term.

Mr. Howlin

The Minister should make an announcement about the gaelscoil in Wexford.

Mr. Noonan

Provision has been made in the Book of Estimates. Is the Minister hoarding the funds for the general election campaign so he can make a series of announcements in key constituencies? What is the position?

The Taoiseach

Facilities in the majority of the State's 4,000 schools are being improved—

Mr. Quinn

No, they are not.

The Taoiseach

—so it is not just a question of the 850 schools which have major capital programmes. The number of schools making applications under the capital programme has grown as school authorities have seen that funding has been increased enormously in recent years.

Mr. Howlin

What about the list?

The Taoiseach

A list of the schools has never been produced, although it would have been easy to do so when nothing was happening.

Dr. Woods

Yes.

The Taoiseach

Greater resources are now available and the Minister has endeavoured to compile a list of schools at different architectural phases. Deputy Noonan made the relevant point that such a list would become superfluous as soon as schools are ready to move on to the next phase of development. That is happening all the time, across all phases and sections.

Mr. Browne

(Carlow-Kilkenny): Nothing is happening.

The Taoiseach

Deputy Shortall raised this matter with the Minister during Question Time some weeks ago. He is endeavouring to prepare a list showing the status of all applications.

In response to Deputy Noonan's point, as I understand it, allocations for this year are being made on an ongoing basis. There is no question of holding back as the Minister has been clearing the list and will continue to do so. Many allocations have been made for this year and resources have not been held back. The funds available to the Department are being distributed in many cases to meet contractual commitments. The point has been made that we should take into account the various stages of development, but it does not matter as long as a contractual commitment is in place. The Minister can outline the status of the 850 major projects, but it is important that we remember that thousands of schools are at different stages of development for smaller projects like computer rooms and science laboratories. It is not easy to clarify the status of all 4,000 schools, but the Minister intends to produce as comprehensive a list as soon as possible.

Mr. J. Mitchell

What has he been doing for the past five years?

The Taoiseach

He has spent £5.4 billion on the education system in the past five years.

Mr. J. Mitchell

With what results?

Dr. Woods

With huge results.

An Ceann Comhairle

Order, please. These are Leaders' questions.

The Taoiseach

I remind Deputy Jim Mitchell that we have smaller classes, more modern facilities and more targeted help for students.

Mr. Boylan

There is no evidence of that.

Mr. J. O'Keeffe

The Minister has fallen asleep on the job.

Mr. D. Ahern

Deputy O'Keeffe probably attended many of the school openings.

Mr. J. O'Keeffe

There were not many openings in west Cork.

The Taoiseach

The Government has overseen the best advancements in education in the past 100 years.

Mr. Boylan

Where did the money go?

Mr. D. Ahern

All the schools in west Cork are good.

Mr. Quinn

Given the week that is in it, I hesitate to accuse the Taoiseach of misleading the House and I am loath to do so.

Mr. D. Ahern

The Deputy will do it anyway.

Mr. Quinn

Although I do not want to make such an allegation, I have to say the Taoiseach seems to be grossly misinformed. I do not doubt he has visited many schools, but in the schools I have visited and the representations I have received, a common complaint is that school authorities cannot get a reply to a question.

Mr. Flanagan

It is true.

Mr. Quinn

They do not receive replies when they contact the office in Tullamore.

Mr. D. Ahern

Never.

Mr. Flanagan

There is a lack of accountability.

Mr. Howlin

We receive a standard reply when we ask questions in the House.

Mr. Quinn

I would like if standards in the Department of Education and Science were as high as those in the Department of Social, Community and Family Affairs, which has been transformed under the Minister, Deputy Dermot Ahern.

Mr. J. Mitchell

Absolutely.

Mr. Quinn

It is a shame that there is such a difference between the section of the Department of Social, Community and Family Affairs which has been transformed and the black hole of opaqueness which is the Department of Education and Science.

Mr. Belton

What about the Department of Agriculture, Food and Rural Development?

An Ceann Comhairle

Order, please.

Mr. Quinn

I raise this issue as the Minister, Deputy Woods, said there was a list and told us the number of schools on it. He said he would publish the list.

Mr. Stagg

That is right.

Mr. Howlin

It is on the record.

Mr. Quinn

We did not invent this. We know there are five or six stages of development in major school development programmes. We know that different architects are responsible and that some planning takes place in Tullamore and some is contracted to outside firms. Individual schools cannot receive a firm statement of their status in writing.

Mr. Higgins

(Mayo): It is a black-out.

Mr. Quinn

Groups of schools in constituencies cannot receive lists as the Minister has directed that no information is to be given out.

Mr. Dempsey

Is this a question or a reply?

Mr. Quinn

Is the Taoiseach aware that there has been a slow exodus of professional personnel from the departmental offices in Tullamore as a result of the collapse of morale?

Mr. Dempsey

Is the Deputy asking a question?

Mr. J. Mitchell

Deputy Dempsey is another non-performer.

Mr. Quinn

Can the Taoiseach confirm that the Department of Finance has vetoed the sanction of school improvement projects? Perhaps I can try it again because we are not getting anything from this Department. The precedent of openness and clarity exists in another Department, which is an excellent one in terms of its relationship with citizens. Will the Taoiseach give an undertaking that the list which exists will be published? Will he give an undertaking that all the capital for which provision has been made in the Book of Estimates this year will be sanctioned without further delay? Will he confirm that the present position is that the Department of Education and Science cannot get sanction from the Department of Finance to proceed with the spending of money for which this House has already voted in last year's Book of Estimates?

The Taoiseach

I appreciate what Deputy Quinn is saying and, in the week that is in it, I do not want to mislead him either. A list has not been presented before but the Minister is endeavouring to produce a list that will give, to the best of his ability and that of the officials preparing it, the stages of development of the schools. The point I was making was that as architectural designs move on, as sites are achieved and work proceeds, that list is continually changing because the Minister has resources to spend. He has confirmed to me that he does not have a problem with using the resources which have been passed by the House. That is not his problem. He might have a problem if he did not have sufficient resources, which is always a problem for a Minister for Education. He is releasing the resources and the money which has been voted by this House-—

Mr. J. Mitchell

It is normally done at this stage.

The Taoiseach

—but he is also trying to cover the contractual commitments. What the Deputy has asked for are the various stages.

Mr. Quinn

Yes.

The Taoiseach

That is what the Department is trying to compile and the Minister intends to provide it.

Mr. Quinn

He promised something that was not there.

Mr. Flanagan

He could not find it.

An Leas-Cheann Comhairle

Please allow the Taoiseach to respond without interruption. There is no provision for interruptions.

The Taoiseach

He accepts that he promised it. They are working on it but there is no such list.

A Deputy

He promised it.

The Taoiseach

It was not there and the Minister is trying to compile it. That is the position.

Dr. Woods

It is only March yet.

Mr. Quinn

Does the Taoiseach want me to put it on the record?

Mr. Sheehan

In regard to the proposed changes by the Minister for Justice, Equality and Law Reform to the equal status legislation, will the Taoiseach inform the House if the Minister intends to include in that change the right of publicans to refuse to serve drink to law breakers and trouble makers—

An Leas-Cheann Comhairle

The content of the legislation is not appropriate to the Order of Business. I call Deputy Michael D. Higgins.

Mr. Sheehan

There are changes pending—

An Leas-Cheann Comhairle

The Deputy must find another way of dealing with them. They cannot be dealt with on the Order of Business.

Mr. Sheehan

This concerns changes to the equal status legislation. Surely that is business appertaining to this House. Will the Minister include the right of publicans to refuse to serve law breakers and trouble makers and give full rights to them to run their own houses?

An Leas-Cheann Comhairle

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

Mr. M. Higgins

I give way to the Taoiseach.

The Taoiseach

There is a question on legislation. There are two issues in this. There are a number of cases pending in the courts, perhaps 20 or more. That may be the incorrect number, but certainly a number of cases are pending and we must await their outcome. The matter is also being referred to the Intoxicating Liquor Commission which will examine the case law as soon as these cases are dealt with. That may or may not lead to amending legislation.

Mr. Sheehan

The sooner, the better. Will the Minister close down every pub in the country?

Mr. O'Donoghue

What would we do at all?

Mr. M. Higgins

Is mian liom dhá ábhar a thógáil – ceann amháin acu a bhaineann le cúrsaí Gaeilge, agus an ceann eile a bhaineann le cúrsaí Gaeltachta.

Cathain a fhoilseofar Bille na Gaeilge a thabharfaidh cearta do mhuintir na tíre seo a ngnó a dhéanamh trid an Ghaeilge? Cathain a fhoilseofar an tuarascáil um Choimisiún na Gaeltachta? Tá geallúint tugtha sa Dáil go minic ag an Taoiseach agus ag an Aire agus Aire Stáit go mbeadh an reachtaíocht seo i bhfeidhm sula gcríochnódh an Rialtas an téarma seo. Tá an cosúlacht ar an scéal anois nach bhfoilseofar fiú an reachtaíocht. Cúpla seachtain ó shin, fiú, thug an tAire Stáit agallamh do Mháirtín Mac Cormaic in a dhúirt sí go raibh geallúint tugtha aici go bhfoilseofar an reachtaíocht roimh deireadh an téarma Dála seo. Cathain a fhoilseofar an reachtaíocht agus tuarascáil um choimisiún?

The Taoiseach

I promised the Bill on a number of occasions. The heads of the Bill have been cleared but a small number of sections are proving legally difficult to draft. That is the reason for the delay. Most of the Bill is completed but there are legal difficulties with some of the sections. The Minister is still anxious to get the Bill published and is not holding it up at this stage. It is something the legal section has to agree with.

Mr. M. Higgins

It is like the Blaskets Bill.

The Taoiseach

To be frank with the Deputy, it will be difficult to get it published.WP leading adjustment

Mr. M. Higgins

What about the report of Coimisiún na Gaeltachta and the other solid promise by the previous—

The Taoiseach

I do not know about the commission's report but I will ask the Minister to inform the Deputy.

Mr. M. Higgins

Perhaps he imagined it.

An Leas-Cheann Comhairle

Deputy Higgins is being disorderly now.

Mr. M. Higgins

It is a terrible betrayal of the Irish language that we are posturing with the right to use the Irish language. We will have more of it after Easter.

Mr. Higgins

(Mayo): Given the projected timetable for the lifespan of the Government, what are the legislative priorities in the area of public enterprise? There is the Railway Safety Bill which is urgently needed, the Digital Hub Development Agency Bill, the Communications Regulations Bill, all of which appear to be important pieces of legislation. Some have yet to be introduced to the Dáil, some are at different stages and some are in the Seanad. What are the priorities and what Bills are expected to become Acts of Parliament before the expiry of the Government?

The Taoiseach

This Dáil has passed more than 400 Bills which is by far the greatest number of Bills that any Dáil has passed. There are still 20 items which are priority items. Whether they will all get through before the general election is a matter of timing in the House. During the Easter period we will be talking to the Whips about what issues will be brought forward. There are about 20 items, including those mentioned by the Deputy.

Mr. Howlin

There are very few.

Ms Fitzgerald

Yesterday, the Taoiseach announced that sections of the Children Bill and various regulations would come into force. This highlights even more the need for the ombudsman for children Bill. Is that priority legislation? Children's rights will need the support of an ombudsman given these few sections of legislation which the Minister announced yesterday—

The Taoiseach

It is a priority. Most of the sections of the Children Bill are to be moved on. The ombudsman is be a priority to deal with them. It would be better if the ombudsman was there.

Mr. Broughan

We received the additional Estimate for flood relief in the Dublin region yesterday. Does the Taoiseach intend to provide any additional moneys?

An Leas-Cheann Comhairle

This does not arise on the Order of Business.

Mr. Broughan

Some additional works are necessary in Dublin City, but in rural areas of Fingal some additional moneys are required.

Mr. Crawford

I wish to raise two issues. If the Dáil resumes after Easter is there any possibility that the veterinary medicines Bill could be put through, rather than deal with the matter by regulation? If for any reason the Taoiseach had not been paid a salary since last October, would he accept that a computer error was responsible or would he do without his pay?

An Leas-Cheann Comhairle

That does not arise on the Order of Business.

Mr. Crawford

It arises in the case of many farmers who have been told the computer is not working. They have been sending cattle to Henshaws—

An Leas-Cheann Comhairle

Deputy Crawford, you are out of order. I will accept the first part of your question on the medicines regulations.

The Taoiseach

The Veterinary Medicines Bill will be published in the next two weeks.

Mr. Kenny

On 10 April the Taoiseach is due to open the docklands innovation park in East Wall in Dublin. This park was opened 20 years ago by the then Minister for Industry and Commerce, Deputy Michael Noonan. The plaque commemorating that momentous event was removed a fortnight ago. Where has the plaque gone—

Mr. Noonan

I did not take it.

Mr. Kenny

—and how is the park to be opened next month when it was opened 20 years ago?

The Taoiseach

The park to be opened next month is a different business park.

Mr. Coveney

The Minister for Justice, Equality and Law Reform has promised on numerous occasions that legislation would be introduced to deal with public disorder and street violence and to increase Garda powers. What legislation will we see before the Government leaves office and when will we see it?

The Taoiseach

The legislation will be published next week.

Mr. Belton

What formation will the Taoiseach adopt in the general election? Will it be a four, two, four formation?

An Leas-Cheann Comhairle

That does not arise on the Order of Business.

Mr. J. O'Keeffe

The Taoiseach told the House we could not ratify the Rome statute to establish the International Criminal Court until the International Criminal Court Bill was passed. The Bill has not even been circulated and we are to ratify the Rome statute next week. When is the Bill to be published and why has the Taoiseach been misleading the House for the past two years by telling us the statute could not be ratified until the Bill was enacted?

The Taoiseach

It has been decided, exception ally, to seek authority for Ireland to ratify the statute prior to the enactment of the legislation. This decision is based on the fact that ratification of the statute and the creation of the court enjoy cross-party support in the State as well as the democratic mandate as expressed in a constitutional referendum last year. We can therefore reasonably expect that the implementation legislation will be enacted before the court becomes operational, thus allowing the State to comply with any obligations under the statute. The legislation is being drafted. I do not have a date for its introduction but it will be done as soon as possible.