The Order of Business for today shall be as follows: No. 22, the Capital Acquisitions Tax Consolidation Bill 2000 – Order for Second Stage and Second Stage and No. 23, the Railway Safety Bill 2001 – Second Stage, resumed. Private Members' Business shall be No. 35, motion re Iraq, resumed, to be taken immediately after the Order of Business and to conclude after 90 minutes.
Order of Business.
There are no proposals to be put to the House.
I suggest we change the Order of Business to have some time set aside for statements from the Minister for Justice, Equality and Law Reform. Last night two people were shot dead and another stabbed.
There is no—
Allow me to make my point, Sir. I fully understand the desire of the Minister of State, Deputy O'Dea, as of every other public representative, to have peace in his city, but his public offer this morning to mediate—
The Deputy may not make a statement. A question of time is a matter for the Whips.
I just want to know from the Tánaiste—
It is a very serious matter.
I call Deputy Rabbitte. Of course it is a serious matter and it should be raised in a serious way.
It should be raised in a serious way and it should not be compromised by an offer like—
Sorry, Deputy Kenny, we must run an orderly House here. I call Deputy Rabbitte.
It is a matter involving people who may have been involved in criminal activities.
On a point of order—
Sorry, Deputy, I have called Deputy Rabbitte. I will call the Deputy after Deputy Rabbitte.
On a point of order—
I will call the Deputy after Deputy Rabbitte.
On a point of order, the issue that has been raised could well be a matter of national security. It is an urgent matter—
It is not a point of order.
It is an urgent matter and the leader—
I ask the Deputy to resume his seat.
I appeal to you to allow a reply.
It is not appropriate to come in and frustrate the Order of Business.
The issue arose this morning.
There are other ways in which the Deputy can raise this matter.
There are no other ways and the Chair will not allow it.
The Adjournment is still available.
I raised this issue yesterday morning and I think it would be helpful if the Minister for Justice, Equality and Law Reform or the Tánaiste would agree with the Whip to permit the Minister time to come in to take questions on this matter.
That matter may be discussed between the Whips.
The matter may be discussed on "Morning Ireland" but it may not be discussed here. It is outrageous. It is no wonder people do not care about this House.
I welcome the support of the Tánaiste to oppose the building of a prison on the greenbelt in Clondalkin, which is proposed by the Minister for Justice, Equality and Law Reform, Deputy McDowell, and the Minister of State at the Department of Finance, Deputy Parlon. Does this mean she will try to keep out Shanganagh since she is opposed—
This is not Question Time. Unless the Deputy has a matter appropriate to the Order of Business—
—to the building in her constituency of this prison as proposed by the Minister, Deputy McDowell, and the Minister of State, Deputy Parlon?
I call Deputy Gay Mitchell.
I have her circular here. I got it through my door last night.
The Deputy is in my constituency.
Constituency matters will have to be settled outside the House.
I refer to the Government jet and the fact that the service cannot be relied on. In relation to the air navigation and transport Bill and a host of other Bills before us on transport, will some opportunity be found for the House to discuss this matter? It will not be possible for the Government to conduct Ireland's presidency of the European Union with a rickety old plane—
Deputy, you have made your point.
—which operates like the Government.
The Tánaiste, on promised legislation.
One does not need legislation. A new set of jump-leads would do fine.
The Air Navigation Eurocontrol Bill is expected to be published later this year.
Today we see yet another report on the dire need for radical reform of our health services. Again, we see the complete failure of Government to address—
A question on legislation, Deputy.
—the need for accountability of consultants. This is the focus of a second report issued this week.
I call Deputy Costello.
On promised legislation, in this current term there is only one Bill from the Department of Health and Children on health insurance.
That was raised yesterday. I call Deputy Costello.
This is the poorest committed programme of legislation ever to come before—
Sorry, Deputy, you are out of order. I call Deputy Costello.
The expert group on criminal law was established to consider changes to the criminal law recommended by the Garda in the SMI report. In view of the enormous escalation in crime, particularly in homicides where we have one of the worst records in Europe—
A question on a particular Bill, Deputy.
—and where 30% of all homicides in the last figures—
Do you have a question on a particular Bill, Deputy? I call Deputy Richard Bruton.
On promised legislation, when will the Criminal Justice (Garda Powers) Bill be brought forward, given that this is an urgent matter?
Tánaiste, when will the Criminal Justice (Garda Powers) Bill come before the House?
Perhaps we can get some indication from the Minister for Justice, Equality and Law Reform—
On promised legislation, Tánaiste.
—who is able to speak about every subject under the sun except the main subject in his brief, law and order.
Deputy, will you allow the Tánaiste to answer your question, please? We must move on.
That legislation will be available in the next session.
I wish to raise promised legislation on a legal quarter which I notice was announced for the Taoiseach's constituency. Will there be legislation to introduce a tax break for the development of a legal quarter? I understood the Minister for Finance was—
A question on legislation.
This is promised legislation, it was announced by the Taoiseach.
There is no legislation.
May I ask about other legislation which was promised outside the House?
I call Deputy Boyle.
On other legislation promised outside the House, we read that the Tánaiste will introduce amendments to the Industrial Relations Act regarding trade union recognition.
The Industrial Relations Bill, Tánaiste.
It does not seem to be listed but, as we have been told, it has been agreed as part of the social partnership.
Sorry, Deputy, you do not need to make a speech on the legislation.
Again, we have not had the opportunity to discuss this nor have parents had the opportunity to discuss changes in the benchmarking arrangements. Is there a process in which the Government is governing without—
Sorry, Deputy, do you have a question on legislation?
—referral back to the people affected, including elected people?
On a point of order, a Cheann Comhairle, will you please explain to the House why, when Members seek to raise a question on legislation, you put the question to the Tánaiste as soon as they mention the Bill? How can they raise a question on legislation when you pre-empt the question by mentioning the Bill?
If the question relates to when the Bill will come before the House, Deputy—
Other questions are allowed.
There is no provision in Standing Orders for a preamble to the question.
Other questions are allowed on promised legislation.
There is no provision for a preamble. If one was to allow that, one would be here until midnight.
At the point where a Member mentions the legislation, you immediately rush in—
The Tánaiste, on the Industrial Relations Bill.
As Deputy Richard Bruton is aware, the current partnership talks are under way. In the context of those talks, commitments have been made in relation to reform of the industrial relations legislation. There is no promise on trade union recognition but there will be amendments to the codes of practice and timeframes in the existing legislation.
So there will be a change to legislation despite what was indicated yesterday.
I know Deputy Richard Bruton might not be too keen on the social partnership process but it is in that context that commitments have been made.
I am interested in the democratic process.
Allow the Tánaiste to answer the question.
Those talks have not yet concluded. In accordance with that agreement, it is the intention to amend the legislation as quickly as possible in relation to timeframes. There will be an amendment to the existing legislation rather than introducing new legislation on trade union recognition as the Deputy suggested.
Why has the Bill establishing a register of persons considered unsafe to work with children been delayed for another year? What signal does that send in terms of this being a priority issue for the Government?
That legislation will be brought forward later this year.
I call Deputy McManus.
I have had my hand up for the past 20 minutes.
That is true but so have a number of others.
You only see the Green Party. We are still the biggest Opposition party.
Does Deputy Ring mind giving way to a lady?
Not at all, I would be delighted.
Your turn will come, Deputy Ring. Your colleague, Deputy Hogan, will be called before you. We will not forget you, Deputy Ring.
I hope I deserve the sobriquet. As we speak, the Minister for Health and Children is considering legislation to ban smoking in the workplace, including pubs and restaurants. Since it is not on the list, when will this legislation be introduced in the House? Will this ban be introduced by regulation or will there be new legislation? What will the Minister do to clean up the mess he has created in regard to the ban on tobacco advertising on which he has failed to deliver because of his incompetence?
We cannot discuss the contents of legislation, Deputy.
No new legislation has been promised. It can be done by regulation under the existing legislation.
I call Deputy Hogan.
As you know, a Cheann Comhairle, this is a hugely controversial measure and one which has major health implications. Will the Tánaiste give an assurance that these regulations will be debated in the House, that they will not be pushed through and that there will be proper considered debate?
It is the intention of the Minister for Health and Children and the Minister of State, Deputy Fahey, who has responsibility for health and safety, to engage in widespread consultation and, obviously, that will include a debate in this House.
That solves that.
In regard to the fourth motor insurance directive, the European Commission recently ticked off the Government for its failure to implement the directive which would have an impact in terms of reducing insurance costs.
A question on legislation, Deputy.
The Tánaiste has made no commitment to reduce insurance premia for all as required by the Single Market.
Has the Deputy a question on legislation before we move on to Deputy Ó Snodaigh?
Will the Tánaiste explain the reason the Government has not given a commitment in terms of legislation to implement the fourth motor insurance directive?
That does not arise.
It is promised. We are obliged by the European Commission to implement this directive. When will the Tánaiste implement it?
As Deputy Hogan knows well, it has absolutely nothing to do with reducing the cost of motor insurance.
Of course, it has.
It has not. As the Deputy knows, we have made commitments in relation to the Personal Injuries Assessment Board which will have a big impact in reducing motor insurance costs and the cost of taking cases, which I hope Fine Gael will support. That legislation will be forthcoming quickly.
I call Deputy Ó Snodaigh.
You forgot about me.
Speakers are called strictly in rotation, Deputy.
Are there plans to introduce legislation to make Ireland a totally nuclear free zone in order to prohibit the manufacture, acquisition, possession—
Is legislation promised?
No.
No such legislation is promised.
Are there plans to introduce legislation to improve the system of export licence control with respect to dual use technology?
Is legislation promised?
No.
No legislation is promised. I call Deputy Ring.
The west's awake.
Thank you very much, a Cheann Comhairle. I hope you will not rule me out of order before I start. I want to ask the Tánaiste if we can use the official Government mediator, the Minister of State, Deputy O'Dea, to mediate between the Department of Social and Family Affairs and the Government to try to get the dentists' dispute settled?
That is not a very good start.
Thousands are paying PRSI contributions, yet they cannot get the service for which they have paid.
Does the Deputy have a question on legislation?
The question relates to the Health and Social Care Professionals (Regulatory) Bill and I am going to make the Tánaiste and her civil servants work. This is a Bill to regulate—
That matter was raised yesterday.
I want to ask the Tánaiste when the dispute between the Department and the dentists will be settled? When will PRSI taxpayers get the service for which they are paying? I know the Tánaiste deals with the insurance industry—
Will the Deputy, please, allow the Tánaiste to answer his question?
The legislation about which the Deputy is inquiring has absolutely nothing to do with the current dispute. However, it will be published later this year.
Neither has the Minister of State, Deputy O'Dea – the mediator with the criminals.
Last week, in response to concerns about taxi safety, the Minister for Transport promised to establish a taxi regulator on a statutory basis by the summer, yet the legislation required to do so is not on the list. Why is it not on the list and when can we expect to see it?
It is the intention to publish the legislation before the summer. The heads of the Bill are being drafted.
Before I ask my question on promised legislation, may I raise a point of order concerning this process? We already have before us the expected publication dates for legislation. Therefore, if you, a Cheann Comhairle, will only allow us to ask the same question to which we have the answer, will you extend to us the facility to put some relevant questions on the legislation apart from the publication date?
There is no such provision under Standing Orders which are quite specific.
It seems like a waste of time, therefore, to spend all this time looking for a date that we already have, but may I ask a question on promised legislation?
The point the Deputy has raised is a matter for the committee on Dáil reform which can change Standing Orders. If it wishes to do so, the Chair will be only too pleased to implement the Standing Orders as presented.
I think you will appreciate the need to change it when you see the facts.
It is a matter for the House, not the Chair.
I hope you will have an input. We are told that the Charities Bill will be published in 2005, exactly 25 years after the Costello report underlined the need for such legislation. Given that 2005 will be 25 years after the Bill was promised, will there be some type of public celebration after such a delay?
As the Deputy said, the expected publication date is 2005.
Is that all?
Given the breakdown of law and order, will the Minister indicate what progress is expected regarding the publication of the following Bills: Crimes Bill, Drug Offenders Bill, Civil Evidence Bill, Enforcement of Fines Bill, and Equal Status (Amendment) Equality Legislation Bill? The publication dates will indicate the seriousness of the Government in dealing with the current crime situation. I look forward to the Tánaiste's response.
As the Deputy knows, it is not possible at this stage to indicate when those Bills will be published.
No, I do not know. That is why I am asking the Tánaiste.
I will take them one by one and tell the Deputy what my notes from the Department of Justice, Equality and Law Reform say.
Yes.
It is not possible to indicate a publication date for the Crimes Bill at this stage. An expert group to advise on possible approaches to codification met on 17 January. It is expected that it will report at the end of 2003. The next Bill about which the Deputy asked me was the drugs Bill, is that right?
The Drug Offences Bill.
Work is at a preliminary stage. It is not possible, therefore, to indicate at this stage when the Bill will be available. The same applies to the Enforcement of Fines Bill.
What is the Tánaiste's colleague, the Minister for Justice, Equality and Law Reform, Deputy McDowell, doing about the Civil Evidence Bill?
Civil evidence has nothing to do with crime. The Deputy should know that.
I do not have a date.
Get rid of him and get somebody who will do the job.
The Civil Evidence Bill is in the same position – it is not possible to say at this stage.
The Civil Evidence Bill is like the Minister for Justice, Equality and Law Reform – it has nothing to do with crime.
What was the last Bill to which the Deputy referred?
The Equal Status Bill.
That Bill has nothing to do with crime, either. It will be published this year.
That shows up the Government.
Speaking of crime, the Criminal Justice (Joint Investigation Teams) Bill is very appropriate. It could be renamed the Michael and Willie Bill. When is it likely to come before the House and will it involve mediation?
It is not appropriate to discuss the content of the Bill. I call the Tánaiste on the legislation.
The Deputy will be pleased to hear that the Bill will be published this session. The Deputy asked me about the wrong Bill.
On the issue of Northern representation in this House, the current situation denies representation to a significant section of the nation. It could, arguably, be said to acquiesce in the British occupation of part of our country.
The Deputy cannot have a preamble. Does he have a question on legislation? Otherwise we will move on to Deputy Lynch.
On that serious note, perhaps I could ask when legislation to facilitate Northern representation here will be brought forward.
Has legislation been promised?
No.
No legislation has been promised. I call Deputy Lynch.
I am sure everyone in the country regrets the events in Limerick in recent months. In that respect I have a question on legislation. Does the Tánaiste agree that the gardaí protecting American warplanes at Shannon Airport would be better deployed in Limerick city?
That matter does not arise now. Does the Deputy have a question relating directly to legislation?
I want to raise the matter of criminal justice legislation.
I call the Tánaiste on criminal justice legislation.
Does the Tánaiste agree that the gardaí protecting American warplanes at Shannon Airport would be better deployed protecting the citizens of Limerick city?
The Deputy should allow the Tánaiste to answer her question on legislation.
Does the Tánaiste agree with that proposition?
The Deputy will have to find another way of raising that matter. I call the Tánaiste on the legislation.
Which specific Bill is the Deputy asking me about?
The Criminal Justice Bill.
It is not a case of either-or for the Garda Síochána. Persons who travel through Shannon Airpport are entitled to do so safely. That is important for the region and the image of this country.
Does the Tánaiste think the gardaí concerned should be in Limerick city protecting its citizens?
The Deputy should allow the Tánaiste to answer her question.
It is not a question of it being done at the expense of some other citizens being protected.
If the Tánaiste addressed the House through the Chair she might not invite interruptions.
The legislation will be published during this session.
In the light of the cutbacks in forestry funds, when will the Forestry (Amendment) Bill come before the House to allow us to debate the issue of trees? Second, in the light of the 100 jobs lost in Clones CBD, and 1,000 others around the country, when will the Redundancy Payments (Amendment) Bill be dealt with by the House?
That will be done very quickly – I hope in a matter of weeks. The Forestry Bill will be taken later this year.
The Government cannot see the wood for the trees.
It is a slush fund for the farmers.
I wish to raise two items, one of which comes under the aegis of the Tánaiste's Department of Enterprise, Trade and Employment.
(Interruptions).
Deputy Crawford should allow Deputy O'Sullivan to put her question.
I presume the Tánaiste is aware that 1,500 construction workers have been locked out illegally by their employers in Limerick in recent days? They are concerned mainly about health and safety issues. Some 21 construction workers died on sites last year.
Does the Deputy have a question on legislation?
Yes. The Safety, Health and Welfare at Work Bill has been promised. Will the Tánaiste arrange for some intervention in order to end the deadlock in the construction industry?
The Deputy will have to find another way of raising that. It is not appropriate on the Order of Business.
I want to ask about the Safety, Health and Welfare at Work Bill which is directly related to the concerns of the workers. The other issue I want to raise relates to a promise made before the election to recruit an extra 2,000 gardaí. Apparently that has been reneged on. In view of everything that has happened since—
I suggest the Deputy submit a question to the appropriate Minister on this.
—in relation to the crimes Bill will the Government change its mind on providing an extra 2,000 gardaí?
On the dispute in Limerick to which the Deputy referred, the industrial relations machinery of the State is always available to intervene in such matters. The Safety, Health and Welfare at Work Bill will be published in the middle of this year.
When does the Government plan to announce the decentralisation of Departments? Will the House be informed of the criteria for such a plan if and when it is announced?
There is no legislation promised on this, but the Government hopes to make that announcement very soon.
Do not forget Ballinasloe.
Has the Government made a decision on bringing forward legislation to deal with the conclusion of the 1970 Arms Trial and those implicated in it?
No.
In light of the protest at Dublin Airport next week by taxi drivers and the need to control entry to the profession, when will we see the taxi regulation Bill? Second, given the ban on overtime relief for gardaí attending courts, when will we see the Courts (Miscellaneous Provisions) Bill. There will be a reduction in the number of gardaí on the streets throughout the country because of the ban being implemented by the Department of Justice, Equality and Law Reform.
I have already dealt with the first matter. The taxi regulation Bill will be published before the summer of this year. The other Bill to which the Deputy referred will be published later this year.
The question of the mediation service being provided by the Minister of State at the Department of Justice, Equality and Law Reform has been referred to the Whips. What facility can the Tánaiste offer the House for an early debate on this issue to ensure that the State is protected in such circumstances? Will the Minister of State be accompanied by the Minister, or will he go on his own?
The Deputy knows that matter cannot be discussed now.
It could have very serious consequences.