The Order of Business today is No. 13, motion re proposed approval by Dáil Éireann of the terms of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds 1996, back from committee; No. 14, motion re referral to joint committee of a Council framework decision on combating corruption in the private sector, a Council framework decision on the execution in the European Union of orders freezing property or evidence and a Council framework decision on the application of Schengen building aspects of extradition conventions to the Kingdom of Norway and the Republic of Iceland; No. 24, statements on the European Council in Brussels; and No. 25, the Fisheries (Amendment) Bill 2002[Seanad] – Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that Nos. 13 and 14 shall be decided without debate and that 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 and 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, and shall not exceed 15 minutes in each case. Immediately following the statements, the Minister for Foreign Affairs shall take questions for a period not exceeding 20 minutes. Private Members' Business shall be No. 39, the Twenty-seventh Amendment of the Constitution Bill 2003 – Second Stage, and the proceedings shall, if not previously concluded, be brought to a conclusion at 8.30 p.m. on Wednesday, 19 February.
Order of Business.
There are three proposals to be put to the House. Is the proposal for dealing with Nos. 13 and 14 agreed to? Agreed. Is the proposal for dealing with No. 24 – statements on the European Council in Brussels – agreed? Agreed. Is the proposal for dealing with Private Members' Business agreed? Agreed.
Now that Parents for Justice has refused co-operation with the Dunne inquiry and that the master of the National Maternity Hospital has supported its case in respect of a statutory inquiry into the organ retention scandal, is it proposed to bring forward Dáil terms of reference to give effect to any initiative that might bring about a conclusion to this very sad matter? Does the Minister for Justice, Equality and Law Reform propose to bring forward legislation granting local authorities power to set their own pub opening and closing hours? Does the Taoiseach not consider this typical of somebody who never served on a local authority—
Is legislation promised?
It will give rise to alcoholic excursions from one local authority to another. I have never heard such a daft proposal in my life.
Is legislation promised, Taoiseach?
Legislation is promised but not in this session.
What about the organ retention scandal?
We are sticking with the non-statutory inquiry.
Even though it is not working.
The Deputy cannot discuss the content of regulations or legislation.
Last week, the Taoiseach said that the Conference of Religious in Ireland had threatened to take each individual abuse case to the courts. I am advised that there is no truth in that claim. Does the Taoiseach still stand over it?
That is not in order.
I will have to resort to—
The Deputy will have to find another way of raising that matter.
Does the Taoiseach wish to take the opportunity to correct the record—
Sorry, Deputy, but we debated that matter twice last week and cannot debate it again today.
Is the Taoiseach standing over his statement?
The Deputy is out of order.
I take it the record stands.
The Deputy must raise the matter in the appropriate way.
What might that be?
If the Deputy wishes to come to my office I will discuss it with him. He has been in the House long enough know to know this.
Regarding promised legislation on transport, I have been reading about the National Roads Authority, and questions have been asked about it and about the fact that we do not have a transportation authority. The Minister for Transport has been putting the wind up the workers in various companies of Córas Iompair Éireann, while at the same time I see a transport companies Bill here—
The Deputy is making a statement.
When will this be published because I have been told that it is not possible to indicate a date? There is plenty of ministerial talk but no promised legislation.
Preliminary work on the draft heads of the Bill is under way and it is hoped that it will be published later this year.
Does the Taoiseach support the bizarre proposal to allow local authorities to determine their own pub closing hours?
The question is not in order. I suggest that the Deputy submit an ordinary question to the Taoiseach.
In light of the closure of Teryden in County Cavan the other day and the wind-down of Lissadell Towels, will the Taoiseach give a definite commitment as to when the Redundancy (Amendment) Bill will come into operation. It is extremely important that we—
The Deputy should allow the Taoiseach to answer the question.
The Bill is being drafted as a matter of priority.
Last week, I asked the Taoiseach whether legislation might be required to ensure compliance with the Ottawa Convention of 1993 and the statutory instrument of 1996 that implemented it in relation to the use, transportation and sale of landmines. The Taoiseach did not have the information available at the time but undertook to contact me. I have not heard from him yet.
I will check on the matter.
Does the Taoiseach intend to introduce legislation to abolish south Tipperary because a number of recent decisions—
It is no laughing matter—
The Deputy will have to find another way of raising that very important question.
Will the Taoiseach take the opportunity of the Finance Bill 2003 to include south Tipperary in the national spatial strategy? Will he also take the opportunity to include south Tipperary in the BreastCheck programme, which it was excluded from again last week—
The Deputy will have the opportunity later this week to contribute to the debate on the Finance Bill 2003. I ask the Deputy to resume his seat, he is being disorderly.
If the Taoiseach would answer the question—
The Deputy will have an opportunity later this week to contribute to the debate on the Finance Bill 2003. If the Deputy does not resume his seat we will have to move on to the next business.
Deputy Healy's question is out of order and he knows it. If he does not resume his seat I will ask him to leave the House.
For the last time, Deputy Healy, please resume your seat.
Will the Taoiseach answer the question?
It is obvious that Deputy Healy wishes to leave the House, and the Chair will facilitate him.
The Tánaiste has expressed on more than one occasion the importance of the proposal for a personal injuries assessment board to reduce insurance premia for businesses. Why is there no mention of this proposal in the Government's legislative programme? When will legislation be published, if at all?
Legalisation is promised on the matter. I do not have a date for the personal injuries legislation but it is being drafted and it is hoped to introduce it later in 2003.
Another idle promise.
Deputy Hogan should allow Deputy Gilmore to speak.
Last week, the Taoiseach informed the House that he had referred the question of the cost of building land, and the Kenny report in particular, to the Oireachtas all-party committee on the Constitution. I asked him if he would send me a copy of the letter of referral and he indicated that he would supply it—
The Deputy will have to find another way of raising this.
It is ridiculous that I should have to submit a freedom of information request for this.
It may well be, but the Chair must implement standing orders and this is not appropriate.
The Taoiseach promised to send me this information.
I am concerned at some activities in the dispensation of medicines. The Pharmacy Bill is due in 2004. There are reports that prescriptions are to be issued by agencies in future. Is it proposed to bring forward this legislation sooner than 2004? When will it be published?
The Pharmacy Bill will update and rationalise the Pharmacy Acts 1875 to 1977 and work on drafting the heads of the Bill is under way. It is expected towards the end of 2003, but it will not be before the House until next year.
Three reports have been prepared on the health service. From the many leaks that have appeared in the media, it appears they propose significant changes that will threaten the future of many hospitals and services around the country. I have no doubt Government backbenchers are beginning to have questions asked of them about the future of local hospitals. Will the Taoiseach ensure there is a debate in the House on these reports before the Government makes any decisions.
The Deputy will have to find another way of raising this. The matter can be discussed by the Whips.
Surely we can have a debate to ensure the media is not favoured by public representatives before it comes into the public domain.
We need to see the reports before the media does.
A siege over national monuments took place at the weekend. Officials from the Department of the Environment and Local Government faced down officials from the Department of Arts, Sport and Tourism. To stop such face-offs between Departments in future, when will the proposed National Monuments Bill be brought before the House? Will he clarify what is happening at Carrickmines? There is a very public face-off between the National Museum and Dúchas.
The heads of a Bill to review to National Monuments Acts of 1930 to 1994 and related legislation to extend protection of our archaeological, architectural and historical heritage have been approved. The Bill is currently being drafted and I hope it will be ready later this year.
Part of our heritage was gouged out of the earth at the weekend.
When will the legislation on the dual mandate and directly elected mayors be published?
The Local Government Bill will be published on Friday.
I have put this question to the Taoiseach before, but I will put it in a different way today. Is it intended to amend the Health Act 1970? It allows for in-patient services in community hospitals.
Do you have a question on promised legislation?
Did the Minister for Finance ask that the legislation be changed so that the Minister will not allow a demand led scheme? Why is the Minister denying such a scheme?
There is no legislation promised to deal with the issues outlined by Deputy Sherlock. The Act will be amended at the end of the comprehensive review of the Department that is currently taking place.
Having had a State agency tell a committee of the Oireachtas last week that it would not implement the recommendations of the Ombudsman, when will the Ombudsman (Amendment) Bill come before the House?
A Bill to widen the remit of the Ombudsman will come before the House late this year. The heads of the Bill were approved some time ago.
Does the Government intend to introduce a supplementary Estimate on the disease levies? These levies are causing huge problems for the agricultural community.
That was not a question about proposed legislation. I suggest the Deputy table a parliamentary question.
Amid great hype, the Tánaiste announced the social economy scheme as an alternative to the community employment scheme. Does the Government propose to introduce any legislation to cover the protection of employees that have signed contracts with FÁS but have been told this scheme has been stopped. This is a scandal.
Is any legislation promised on this matter?
No.
I am referring to the Protection of Employees (Fixed Term Contracts) Bill that will have to deal with the scandal that has ensued over the broken promises in the social economy scheme. Will the Minister for Enterprise, Trade and Employment tell us what is putting a stop to the social economy scheme?
It is like cutting nettles in a graveyard.
If the Deputy resumes his seat he will hear an answer to his question.
"No" is the answer to the first question the Deputy asked. The Protection of Employees (Fixed Term Contracts) Bill will be introduced this session.
Will employees that have signed the contract have to wait for the legislation?
I ask the Deputy to resume his seat. He knows he is out of order.
What is the current state of the Curragh of Kildare Bill?
Does it relate to stallions?
What is the current state of the Bill to create a register of persons considered unsafe to work with children? When will the Redundancy (Amendment) Bill come before the House?
The Redundancy (Amendment) Bill is a drafting priority. The Curragh of Kildare Bill to consolidate and update existing legislation of the Kildare Acts of 1870 to 1969 to provide for statutory authority for management of the Curragh should be available next year. The Bill establishing a register of persons considered unsafe to work with children will be introduced late this year.
Will the Social Welfare Bill 2003 have to be altered in light of the deal being hammered out with dentists? Will we have any statement on it or will the fee people have to pay come as a complete surprise?
The legislation has been published and will be taken the week after next.
In view of the row between Bupa and the Minister for Health and Children and between the Minister and the European Commission, is the Taoiseach and the Minister determined to bring to the House the Bill to privatise the VHI? Does the Minister remain determined to proceed with the equalisation?
The Health Insurance Bill will be taken this session.
In a reply to me last week, the Minister for Education and Science disclosed that he had transferred the files of 41,000 former residents of industrial schools to Barnados. The Minister stated that Barnados was subject–
Has the Deputy a question on legislation?
Let me get to it, a Cheann Comhairle.
I call Deputy Quinn and I will come back to Deputy Burton on her question on legislation.
On the transfer of the files of 41,000 former residents of industrial schools to Barnardos, the Minister stated that Barnardos was subject to the Freedom of Information Act and the Data Protection Act.
I call Deputy Quinn. Deputy Burton knows she is out of order.
Will the Freedom of Information Act be amended to bring Barnardos—
We will move on to the next business.
—within the scope of that Act—
Deputy Burton has a legitimate question.
She cannot make a Second Stage speech on it.
—and the Data Protection Act as stated by him in reply to me?
I call Deputy Quinn.
This is a serious issue for 41,000 former residents whose files have been transferred by the Minister for Education and Science.
Deputy Burton should resume her seat.
This is a legitimate question about the Freedom of Information Act.
The Deputy should resume her seat while the Chair is on its feet. I call Deputy Quinn.
This is what the Minister said.
We have read reports in newspapers about a working party of senior civil servants bringing forward proposals to revise or amend the freedom of information legislation. Since this is not partisan legislation and belongs to the House, is it the Government's intention to publish that report before a Bill is published? Does the Government intend to consult any committees of the House in a non-partisan way or will it bring forward the legislation as partisan legislation?
I call the Taoiseach on the legislation, the nature of which we cannot discuss.
I have already given a commitment in the House that the legislation will be published in this session and the report will be published at the same time. Members will have access to the report when debating the legislation.
Is it the Government's intention to privatise Bord Gáis in the context of the Bord Gáis Éireann Bill and the gas regulation Bill?
When is the legislation coming before the House, Taoiseach?
The heads of the Bill are expected in the summer so it will probably be late this year or, more likely, next year.
Has the Taoiseach any idea about statements made by the Minister for Justice, Equality and Law Reform about introducing legislation to give a role to local authorities in licensing law?
Is legislation promised?
It is.
Does the Taoiseach propose to introduce legislation to change the European Parliament constituencies and, if so, when?
As soon as the census figures become available, it is automatic that a commission examines the issue.
Will the new constituencies be operational for the European Parliament election?
Yes, they must be.