The Order of Business is as follows: No. 11, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds 1996; No. 12 motion re referral of Capital Acquisitions Tax Consolidation Bill 2002 to Standing Joint Committee on Consolidation Bills; No. 13, motion re ministerial rota for parliamentary questions; and No. 6, Criminal Justice (Terrorist Offences) Bill 2002 – Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 11, 12 and 13 shall be decided without debate and Private Members' Business shall be No. 34, motion re agriculture.
Order of Business.
Is the proposal for dealing with Nos. 11, 12 and 13 agreed?
What are the names of the African-Eurasian migratory waterbirds? Are the species familiar to Ireland?
They are at Shannon.
We will give the Deputy a lesson on it.
They are whooping swans.
Earlier the Taoiseach seemed to confirm to Deputy Kenny the Government's intention to introduce legislation to restrict the Freedom of Information Act. Is the report of the high level group available in the Oireachtas Library?
This does not arise on the Order of Business.
If I am to address the Bill I will need a copy of the report. Is the report available?
There is another way of raising this.
It is on the legislative schedule. I am merely asking where can I get a copy of the report. As it relates to the Freedom of Information Act I presume it is available.
We are dealing with a proposal before the House. If the Deputy wishes to raise a matter on legislation or promised legislation, I can permit him to do so when we come to ordinary business.
The Green Party would prefer not to oppose the Order of Business but would like to be reassured that there will be an opportunity to raise the issue of Iraq on Thursday after Colin Powell's statement to the UN—
Deputy Rabbitte was ruled out of order and I am ruling the Deputy out of order.
I thought Deputy Sargent was going to apologise.
As with Deputy Sargent, I am not opposing the Order of Business for the sake of it. We have repeatedly requested a substantive debate on the impending war on Iraq.
I have ruled Deputies Sargent and Rabbitte out of order and the Deputy is aware of the Standing Order.
Question put: "That the proposal for dealing with Nos. 11, 12 and 13 without debate be agreed to."
Tá
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Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, Barry.Aylward, Liam.Blaney, Niall.Brady, Johnny.Brady, Martin.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cowen, Brian.Cregan, John.Cullen, Martin.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe. |
Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McEllistrim, Thomas.McGuinness, John.Moloney, John.Moynihan, Donal.Moynihan, 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.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G. V. |
Níl
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Boyle, Dan.Broughan, Thomas P.Burton, Joan.Connolly, Paudge.Costello, Joe.Cuffe, Ciarán.Gilmore, Eamon.Gregory, Tony. |
Harkin, Marian.Healy, Seamus.Higgins, Michael D.Howlin, Brendan.Lynch, Kathleen.McGrath, Finian.McManus, Liz. Morgan, Arthur. |
Níl–continued
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Moynihan-Cronin, Breeda.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie. |
Rabbitte, Pat.Ryan, Eamon.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Upton, Mary. |
Tellers: Tá: Deputies Hanafin and Kelleher; Níl, Deputies Stagg and Ó Snodaigh.
Question declared carried.
It is appropriate for Deputy Rabbitte to raise at this stage the question he raised earlier.
I am obliged. Can I access this document under the Freedom of Information Act as the legislation will be based on its recommendations?
The legislation is to be published before Easter. The senior level group document is being used in the presentation of that. I am sure all these proposals will be issued in due course but, at this stage, it is part of the process of preparing legislation.
Does that mean it will come out?
I am sure it will come out in due course.
Is the Taoiseach committing to the document being published simultaneously with the Bill? The Minister for Finance is bringing in the Bill.
It will be published when the Bill is published.
I support Deputy Rabbitte's call on this.
The Taoiseach has answered that question.
He might answer this one.
If the Deputy has a question appropriate to the Order of Business.
I hope it is appropriate because the recommendation for change to extend the period from five years coincides with the Taoiseach's coming into Government.
Does the Deputy have a question? I call Deputy Olivia Mitchell.
The Ceann Comhairle should be patient.
We cannot have a debate on the matter. The Deputy will have to find another way of raising it, perhaps on Leaders' Questions tomorrow.
It appears that the high level report is not available yet. I hope it will be.
The heads of the Medical Practitioners Bill and the Health (Complaints) Bill have yet to be approved by Government. On 12 January last, there were revelations about a bogus doctor operating in Dublin. He is still operating, treating and prescribing in my constituency and there appears to be no interest from anyone in the Government about this fact. Neither the Minister for Health and Children nor the Minister for Justice, Equality and Law Reform appears to show the slightest interest. Will the Taoiseach expedite this legislation because there is a frightening lack of accountability for patients?
The heads of the Health (Complaints) Bill are expected to be agreed by the middle of this year with publication next year. The heads of the Medical Practitioners Bill are expected in mid-2003 and it will be next year before it is published.
In the context of 22 fatalities on building sites in the country last year and four over Christmas, when will we see the Safety, Health and Welfare at Work Bill which has been promised for more than two years?
I understand the legislation will be published in April.
There is a common acceptance that the greatest failure of the State in the past five years has been the failure to provide good housing and adequate public transport for the people. Will the Taoiseach explain why legislation in last year's programme, namely, the Greater Dublin Area Land Use and Transport Authority Bill, which was expected this year has been put back? Can he explain why this legislation—
We will hear the Taoiseach on the legislation.
If I could just ask about the legislation—
We will hear the Taoiseach.
May I finish my question? How can the Taoiseach explain the delay given that the consultation process for this legislation began four years ago?
That is not appropriate to the Order of Business. The Deputy will have to find another way of raising the matter.
The Greater Dublin Area Land Use and Transport Authority Bill, which proposes to establish a strategic land use and transport authority, has more than 100 sections. The heads of the Bill are expected this spring.
There has been long discussion in the House for many years about landlords and tenants. When will the Landlord and Tenant (Miscellaneous Provisions) Bill be introduced? Will there be an opportunity to discuss the Roads (Control of Road Works) Bill so that we can discuss the roll-over that was taken away from us in the budget?
The heads of the Landlord and Tenant (Miscellaneous Provisions) Bill are being prepared and it will be next year before the Bill is published. Preliminary work on the Roads (Control of Road Works) Bill is ongoing, heads are expected at the end of this year and the Bill will be published next year.
Is it the Government's intention to enact the Local Government Bill this session?
Yes. The heads have been approved and the Bill is due in the House this session.
Will the Disability Bill, legislation that would be appropriate in this European Year of Disability, be published this year and when? Will the original intention of the Bill, namely, to set out the rights of persons with disabilities together with means of redress for those denied their rights, be reinstated? Its stated intention now is to provide measures for the equal participation of people with disabilities. Will the rights-based approach of the original legislation be reinstated?
It is not appropriate at this stage to discuss the substance of the legislation. The Deputy should submit a question.
It is hoped to pass the legislation this session or this year at any rate. The consultation process is progressing. It is a priority Bill and I hope we can complete discussions satisfactorily so that the Bill can be enacted this year.
The Taoiseach's Department has been helpful in the role of the Committee on European Affairs. The committee has examined 130 items of legislation since October. There are six reports of the committee. There are some outstanding matters that need to be brought to a head and I am exhausted trying to gain attention for them. Will we have an opportunity to debate those six reports in the House so that we can consider the progress made on EU scrutiny?
The matter would be better raised with the Whips.
I ask for it to be considered.
On the schedule published by the Government when we returned after the Christmas recess, there was a space in Government time for a debate on the Iraqi issue. That was deferred because the Minister was unavoidably absent in Belfast on business and the debate was to be held this week. There is no sign of the debate this week and we have raised it at the Whips' meeting. We were told that it would not take place unless something happened. I am not sure what that is. I presume weapons of mass destruction would have to be used to get a debate in the Chamber. The Government promised a debate, will that promise be honoured?
Since we returned last week, I have not answered questions on anything other than Iraq. It was the subject of Private Members' Business last week and Ministers answered questions about it on Question Time. I understand that if there was a significant change in the position, the Government Whip said we would debate it. It is my belief that there has not been a significant change. A number of developments are taking place this week, but I do not see them making any difference to the position.
In fairness to the House, we agreed that the debate would be held in the week we returned and because the Minister was absent, that was deferred. Private Members' time allowed Fine Gael 20 minutes for its Deputies and a similar amount of time for the Labour Party because it was not our Private Members' time. The Government had half the time available within that.
The Deputy should ask a question.
Will the Taoiseach ask the Government Whip to agree to have a debate on Iraq this week—
He has answered the question.
—as was stated would be the case?
If there were developments, we would be glad to do that, but it is my belief that nothing has changed significantly since the debate in Private Members' time last week and since I answered extensive questions on it last week. Matters will develop in the next few weeks because the Security Council report will be published next week.
I would be satisfied if the Taoiseach said we would have a debate next week and not two weeks' time.
We will examine that.
I thank the Taoiseach.
Given that the Western Health Board has ceased elective surgery and staff are threatening strike action because theatres are lying idle while the Government funds the treatment purchase fund for procedures in the United Kingdom, when will we see the Health Insurance (Amendment) Bill because it is evident we now need health insurance to get treatment in this country?
It will be in this session.
The previous Government failed to introduce a Bill to abolish ground rents. However, I understand it is on the Order Paper. Will the Taoiseach confirm he will bring this Bill in as a matter of urgency? When can we expect this?
I have mentioned this Bill many times. Consultation is going on with the Attorney General, the CSSO, the Land Registry and the Department. Counsel was asked to provide opinion on certain aspects of the matter on 12 February last. It is not possible to indicate when this problem will be resolved and when the Bill will be taken.
The Planning and Development Act 2000 was amended just prior to Christmas. When will the Minister for the Environment and Local Government issue guidelines to local authorities? The local authorities are still in the dark as to the new provisions relating to social housing.
Perhaps the Deputy should submit a parliamentary question on that.
I understand Deputy Allen is asking about the regulations that relate to the Planning and Development Act. I will bring that to the attention of the Minister.
I ask the Taoiseach about the timing of the Broadcasting (Major Events Television Coverage) (Amendment) Bill. Will we have to wait for a decision from the European Commission in that regard? Did the Cabinet agree with the Minister for Communications, Marine and Natural Resources when he acted in defiance of his civil servants in the Department regarding the RTE licence fee?
The heads of the Broadcasting (Major Events Television Coverage) (Amendment) Bill are expected this month and I hope the Bill will be introduced quickly.
Two Bills seem to have disappeared from the Order Paper since Christmas, the Refugee Reception and Integration Agency Bill and the Regional Technical Colleges (Amendment) Bill. Are they totally gone?
When will we see the Bill to reform the law on personal injuries? Why has the register of persons who are considered unsafe to work with children Bill been postponed for another year? When will that be published?
The Refugee Reception and Integration Agency Bill has gone and will not proceed. It will be the end of the year before the Regional Technical Colleges (Amendment) Bill surfaces. The Minister intends to bring proposals to Government relating to the register of persons who are considered unsafe to work with children Bill with a view to establishing a cross-governmental working group to finalise the proposals for legislation. The heads of the Bill should be available before Easter and the Bill will be taken later this year. It will be at least next year before the personal injuries Bill is taken.
A Cheann Comhairle, I need your assistance on this issue.
Does that mean the Deputy intends to be out of order?
I say that in anticipation of you ruling me in order. Will the Taoiseach initiate a review of the orders of the House with a view to returning to a more relevant Order of Business? This requires the Taoiseach's imprimatur. We reviewed the Standing Orders during the Christmas session. It is not to the advantage of the conduct of business in the House and I ask if the Taoiseach might consider—
The Deputy should bring that up with the sub-committee on Dáil reform.
The Taoiseach is the only person who can do this. He might return to the House on Thursdays in order to deal with the issues as they arise. What developments have taken place so far in relation to the Sea Pollution (Miscellaneous Provisions) Bill 2003?
The heads of the Sea Pollution (Miscellaneous Provisions) Bill 2003 have been approved by Government in the past fortnight and the Bill is expected towards the middle of the year.