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Dáil Éireann díospóireacht -
Tuesday, 17 Dec 2002

Vol. 559 No. 5

Order of Business.

It is proposed to take No. 10, motion re approval by Dáil Éireann of the Bovine Diseases (Levies) Regulations, 2002, back from committee; No. 11, motion re approval by Dáil Éireann of the terms of the Anti-Doping Convention, back from committee; No. 12, motion re Agreement on Education Co-operation between the Government of Ireland and the Government of the People's Republic of China, back from committee; No. 13, motion re Agreement on Education Co-operation between the Government of Ireland and the Government of Malaysia, back from committee; No. 14, motion re approval by Dáil Éireann of the terms of the Convention on the Marking of Plastic Explosives for the Purpose of Detection, back from committee; No. 15, motion re approval by Dáil Éireann of the terms of the Convention of the Treaty on European Union on the fight against corruption, the Convention on Combating Bribery and the Criminal Law Convention on Corruption, back from committee; No. 16, motion re European Association of Programmes in Health Services Studies (Change of Title) Order, 2002; No. 17, motion re National Cultural Institutions Act, 1997 (Amendment to Second Schedule) Order, 2002; No. 24, statements on European Council, Copenhagen; No. 25, Social Welfare Bill, 2002 – Order for Report and Report and Final Stages.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10.30 p.m., Nos. 10 to 17, inclusive, shall be decided without debate, and the proceedings on No. 24 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply. The statements shall, if not previously concluded, be brought to a conclusion after 60 minutes, shall be confined to the Taoiseach, the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, and immediately following the statements, the Minister for Foreign Affairs shall take questions for a period not exceeding 20 minutes. The proceedings on No. 25 shall, if not previously concluded, be brought to a conclusion at 10.30 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 Social and Family Affairs. Private Members' Business shall be No. 36, motion re regulations governing first-time buyer's grant and rent supplements, which shall also take place tomorrow immediately after the Order of Business and shall be brought to a conclusion after 90 minutes.

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

No, it is not agreed. There was no agreement on arrangements for business this week at the Whips' meeting. I oppose the late sitting because of the outrage of less than 90 minutes being provided for Committee and Remaining Stages of the Planning and Development (Amendment) Bill. This was introduced at the behest of builders. There will be no provision for Report Stage. It will be impossible to get beyond a single controversial section.

This measure will result in the handing back to builders of 16,000 sites intended for social and affordable housing. One need only look at what Threshold, an independent commentator, had to say about it. It is intended to guillotine the legislation to get it through the House before Christmas rather than require builders to re-apply for planning permission.

This might be more pertinent to tomorrow's Order of Business. The Bill is not being debated today.

With all due respect, I will handle the affairs of my party. I object to this measure and will call a vote for the reasons I have outlined. I will do the same tomorrow.

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

Ahern, Bertie.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Séamus.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Collins, Michael.Coughlan, Mary.Cowen, Brian.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Harney, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.

Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Séamus.Kitt, Tom.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.McHugh, Paddy.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Nolan, M. J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Donnell, Liz.O'Donoghue, John.O'Donovan, Denis.O'Flynn, Noel.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Roche, Dick.Ryan, Eoin.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G.V.

Níl

Allen, Bernard.Boyle, Dan.Broughan, Thomas P.Bruton, Richard.Burton, Joan.

Connaughton, Paul.Costello, Joe.Coveney, Simon.Cowley, Jerry. Crawford, Seymour.

Níl–continued

Crowe, Seán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.English, Damien.Enright, Olwyn.Gilmore, Eamon.Gormley, John.Gregory, Tony.Harkin, Marian.Hayes, Tom.Higgins, Joe.Higgins, Michael D.Hogan, Phil.Howlin, Brendan.Kenny, Enda.Lynch, Kathleen.McCormack, Padraic.McGinley, Dinny.McGrath, Finian.McGrath, Paul.McManus, Liz.

Mitchell, Olivia.Morgan, Arthur.Murphy, Gerard.Naughten, Denis.Neville, Dan.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Séamus.Penrose, Willie.Rabbitte, Pat.Ring, Michael.Ryan, Eamon.Sargent, Trevor.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá: Deputies Hanafin and Kelleher; Níl: Deputies Durkan and Stagg.
Question declared carried.

Is the proposal for dealing with Nos. 10 to 17, inclusive, without debate agreed?

I oppose No. 10, the Bovine Diseases (Levies) Regulations, 2002. The farming community was given an assurance some time ago that levies would be slashed if it paid for the round test. Farmers now have to pay for the round test and the levies. This is another stealth tax. The farming community, already depressed, is being hit by a further €10 million annually for disease levies. The scheme has only managed to contain the disease at around 30,000 head per annum. As a result, some €445 million of farmers' money has been pumped into an unsuccessful scheme. I, therefore, oppose the taking of No. 10 without debate, as Deputy Timmins signalled at the committee.

This is another cut.

(Interruptions).

As my colleague, Deputy Upton, indicated at the committee, the Labour Party, too, wants the matter debated in the House.

Where is the Minister for Agriculture and Food?

I also made it clear at the committee that this was not only another stealth tax but one that will go into the black hole of tuberculosis eradication which has cost the State a substantial sum. It has also created an industry that needs to be investigated as it is not dealing with the problem. We need to return to the drawing board and investigate how this money can best be spent before deciding to add further tax burdens on any sector, particularly farming which is losing income hand over fist and is unable to pay these levies.

Question put: "That the proposal for dealing with Nos. 10 to 17, inclusive, be agreed to."

Ahern, Bertie.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Seamus.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Collins, Michael.Coughlan, Mary.

Cowen, Brian.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán. Gallagher, Pat The Cope.

Tá–continued

Glennon, Jim.Grealish, Noel.Hanafin, Mary.Harney, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Kitt, Tom.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.

Nolan, M.J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Donnell, Liz.O'Donoghue, John.O'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Roche, Dick.Ryan, Eoin.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G.V.

Níl

Allen, Bernard.Boyle, Dan.Breen, James.Breen, Pat.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Connaughton, Paul.Costello, Joe.Coveney, Simon.Cowley, Jerry.Crawford, Seymour.Crowe, Seán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.English, Damien.Enright, Olwyn.Gilmore, Eamon.Gormley, John.Gregory, Tony.Harkin, Marian.Hayes, Tom.Higgins, Joe.Higgins, Michael D.Hogan, Phil.Howlin, Brendan.Kenny, Enda.Lynch, Kathleen.

McCormack, Padraic.McGinley, Dinny.McGrath, Finian.McGrath, Paul.McHugh, Paddy.McManus, Liz.Mitchell, Olivia.Morgan, Arthur.Murphy, Gerard.Naughten, Denis.Neville, Dan.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Rabbitte, Pat.Ring, Michael.Ryan, Eamon.Sargent, Trevor.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá: Deputies Hanafin and Kelleher, Níl: Deputies Durkan and Stagg.
Question declared carried.

Is the proposal for dealing with No. 24, statements on the European Council in Copenhagen, agreed? Agreed. Is the proposal for dealing with No. 25, Order for Report and Report and Final Stages of the Social Welfare Bill, 2002, agreed?

When one increases the levies one gets interruptions, such as the one we just had, from the gallery. Many of the people affected by the Bill are on low incomes by definition and would have expected to benefit from one of the 16,000 sites which the Minister for the Environment and Local Government is giving back to the builders before Christmas—

That is not true.

—as the kind of Christmas present which puts anything that happens at Dublin Castle into the shade. Never has there been such a surrender. The local authorities will have to pay to purchase an equivalent 16,000 sites.

They were never included.

I do not know where they will get the land to do that. Tenants have been waiting for four years since the former Minister, Deputy Noel Dempsey, first promised protection and security in housing accommodation. The Government has not managed to advance the legislation but it has managed to bring in emergency legislation at the behest of the builders—

That is not true.

—which is to the detriment of thousands of people on low incomes. For that reason, we will oppose this.

Question put: "That the proposal for dealing with No. 25 be agreed to."

Ahern, Bertie.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Séamus.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Collins, Michael.Coughlan, Mary.Cowen, Brian.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Harney, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.

Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Kitt, Tom.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Nolan, M.J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Donnell, Liz.O'Donoghue John.O'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Roche, Dick.Sexton, Mae.Smith, Brendan.Smith, Michael.Treacy, Noel.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G.V.

Níl

Allen, Bernard.Boyle, Dan.Breen, James.Breen, Pat.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Connaughton, Paul.Costello, Joe.Coveney, Simon.Cowley, Jerry.Crawford, Seymour.Crowe, Seán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.English, Damien.Enright, Olwyn.Gilmore, Eamon.Gormley, John.

Gregory, Tony.Harkin, Marian.Hayes, Tom.Higgins, Joe.Higgins, Michael D.Hogan, Phil.Howlin, Brendan.Kenny, Enda.Lynch, Kathleen.McCormack, Pádraic.McGinley, Dinny.McGrath, Finian.McGrath, Paul.McHugh, Paddy.McManus, Liz.Mitchell, Gay.Mitchell, Olivia.Morgan, Arthur.Murphy, Gerard. Naughten, Denis.

Níl–continued

Neville, Dan.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Rabbitte, Pat.

Ring, Michael.Ryan, Eamon.Sargent, Trevor.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá: Deputies Hanafin and Kelleher; Níl: Deputies Durkan and Stagg.
Question declared carried.

As regards the local government rates Bill, the Taoiseach will be aware that many councils are now formulating their rates and local authority rates are rising by up to 12% because of the shortfall in the Estimates provided by Government. Will this Bill, which proposes to co-ordinate rates, ensure business is not made uncompetitive by excessive charges?

Just on the Bill, Deputy—

It is another type of stealth tax which we have seen—

The heads of the Bill were before Cabinet today. The Bill is being drafted.

What decision has the Government made in relation to the abolition of the dual mandate and the election of county mayors? When will the Local Government (Amendment) Bill to give effect to those measures be brought before the House?

The Minister has not announced the legislation yet, so I do not have a date for a Bill.

Will the Taoiseach confirm whether legislation will be brought before the House to facilitate a golden handshake in respect of the dual mandate?

As soon as the Deputy's party hands back its medical cards, there will be no problem.

Are there any plans to bring forward amending legislation under the Companies Acts in view of the allegations being made about the siphoning off of money by companies during examinership?

The Companies Audit and Accountancy (Amendment) Bill will not be published until after Christmas as consultations have continued. It will not be published until January.

Last week I asked the Minister for Defence about outstanding legislation to which Ireland is committed relating to resolution No. 1368 of the United Nations on conventions against terrorism. There are 12, six of which have been ratified. When will legislation be introduced to implement the remaining six conventions? The Minister for Defence undertook to communicate with me but I have not heard from the Taoiseach's office.

Seven conventions relating to terrorism are outstanding. I have a note, which I will give to the Deputy.

I refer to No. 122, the transport (miscellaneous provisions) Bill, given the subsidence at Clontarf station earlier. The project to address this problem could be very costly but the Bill will provide for borrowing by CIE. Could the legislation be brought forward because the company is faced with a major problem if the subsidence is as serious as we think?

The Bill will be introduced in late 2003. Prior notification of approval by the EU Commission is required and the heads of the Bill will be drafted in the spring.

There will be no train until spring.

The Fischler proposals will be published in January. Will the Taoiseach provide Government time when the House resumes after Christmas to debate No. 49 on the Order Paper? When will the land Bill be published?

The first question is more appropriate for the Whips when the House returns after Christmas.

It is an important issue.

I appreciate that. The second question is in order.

When Mr. Fischler publishes detailed proposals in January, the Taoiseach might like to make a statement due to the projected fall of 8% in farm incomes this year.

The question on the land Bill is appropriate.

The land Bill is a short Bill to regularise the position relating to land annuities and to amend the Land Acts. It will be introduced next year.

When will legislation be introduced to incorporate the European Convention on Human Rights into domestic law?

Is legislation promised?

There is legislation which was published earlier this year. It is before select committee.

Does the Taoiseach realise that, despite what happened at Monaghan General Hospital last week, further services are being cut?

That question is not appropriate to the Order of Business.

Is the Taoiseach going to sit back and not take action?

That question does not arise.

This is extremely—

The Deputy must find another way to raise that matter. He has a matter on the Adjournment later and he could easily include Monaghan hospital if he wishes.

That is a different matter.

The Taoiseach wants to reply.

This is an extremely important issue.

The Deputy cannot raise it now.

I refer to the proposed changes in the regulation of provisional licence holders and other aspects of driving licence regulation that have dominated the news recently. These will dramatically increase the backlog in driving tests. When will the driving test agency Bill be introduced? When can we expect legislation on the changes to the provisional licence system?

Work is ongoing and the draft heads of the Bill are expected late next year. It will establish a public sector agency to deliver driver testing.

I wish to raise two issues. On the Social Welfare Bill, what is the Taoiseach's view on the amounts being spent on advertising to tell people what is in the budget?

I hope the Deputy's second question is more appropriate.

The Taoiseach might answer both. The second question is very serious and relates to an issue raised by a colleague on Mayo County Council, Councillor Gerry Coyle. From 1 January, provisional drivers must ensure a fully licensed driver is in the car with them at all times.

That is not the position.

The question has been dealt with. Has the Deputy a question on legislation?

On promised legislation, what will happen if the fully licensed driver is drunk? This is a serious question. When I contacted the Department earlier, the official would not answer me.

When will the next legislation to benefit the property classes come before the House, namely, the property registration authority of Ireland Bill?

The first draft of the property registration authority of Ireland Bill is being examined in the Department and it will be introduced in late 2003.

Does the Taoiseach intend to open the spike on O'Connell Street over the Christmas holidays? Will he ensure Dublin City Council is provided with sufficient resources to insure it, given that it—

That does not arise on the Order of Business.

Is that a pointed question?

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