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Dáil Éireann díospóireacht -
Tuesday, 25 Feb 2003

Vol. 562 No. 1

Order of Business.

The Order of Business today shall be No. 12, motion re proposed approval by Dáil Éireann of the agreement establishing the Agency for International Trade Information and Co-operation as an intergovernmental organisation, returned from committee; No. 13, motion re proposed approval by Dáil Éireann of a Council framework decision on combatting corruption in the private sector – returned from committee; No. 14, motion re proposed approval by Dáil Éireann of a Council framework decision on the execution of the European Union orders freezing property or evidence – returned from committee; No. 15, motion re proposed approval by Dáil Éireann of a Council decision on the application of the Schengen building aspects of extradition conventions to the Kingdom of Norway and the Republic of Iceland – returned from committee; No. 16, motion re referral to select committee of proposed approval by Dáil Éireann of the terms of the International Organisation of Vine and Wine Agreement 2001; No. 17, motion re referral to joint committee of the Competition Act 2002 (section 18(5)) Order 2002; No. 18, motion re referral to joint committee of proposed approval by Dáil Éireann of a proposal that section 17A of the Diseases of Animals Act 1966 shall continue in force for the period ending on 8 March 2004; No. 19, Finance Bill 2003 – Financial Resolutions; and No. 6, Social Welfare (Miscellaneous Provisions) Bill 2003 – Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 12 to 19, inclusive, shall be decided without debate and that in the case of No. 19, Financial Resolutions Nos. 1 to 4, inclusive, shall be moved together and decided by one question which shall put from the Chair. Private Members' Business shall be No. 42, motion re crime.

There is one proposal to put to the House. Is the proposal for dealing with Nos. 12 to 19, inclusive, without debate agreed to?

In respect of Nos. 12 to 15, inclusive, let me make the same case that I made last week – there needs to be a signing off procedure by the committees. It is only appropriate that a short synopsis of the report of a committee be made available to Members; in other words, one cannot have a report unless one attends at the committee. It is not good enough that the Dáil refers matters to a committee which then deals with them and that there is no report to the Dáil.

As we have been talking about the effects of alcohol, perhaps the Taoiseach will explain the vine and wine agreement 2001? There should be room for discussion at some stage of No. 18, a matter of concern for the farming community. Sufficient time has not been given to addressing their difficulties, although, apparently, the Taoiseach has succeeded in drawing them back into partnership talks.

In respect of No. 19, perhaps the Taoiseach will explain Financial Resolutions Nos. 1 to 4, inclusive. Why are they being decided with a single question from the Chair?

To fortify the point that has been made, it is proposed that Nos. 12 to 15, inclusive, be taken without debate. We have no idea of what the committees did when they debated them. Despite the fact that they are very well staffed in terms of recording staff who look through a glass panel at each committee as members participate, we cannot get the Blacks for each of the committees in time before the presentation of motions to the House. There is no reason we cannot have them in the same way we have them for this House. If we can have them for the House, surely we can have them for the committees. We would then know what was said at each of the committees before we approve motions motions in the House.

On that point, the Chair undertook to report to the House which I hope to do this week, probably tomorrow morning.

We are being asked to nod through a number of serious matters. I want to refer, in particular, to No. 13, the EU framework decision on corruption in the private sector. According to a report in The Irish Times last Friday, the sums involved increased from €6 million in 2001 to €32 million in 2002. There are very serious trends in society which we are not being given an opportunity to debate because they have been discussed by a committee but we have not received reports. We should look again at the way we nod such matters through and ensure a debate takes place in this House until such time as we can be properly informed by committees as to what happened and what is their recommendation. As we do not have this, we cannot agree to the proposal.

Many of the proposals or elements within the overall Order of Business proposed have already been referred from this House to committees without debate. Now that they have been returned, we are again asked to rubber stamp them without debate. I echo the point made by other colleagues that there is no flow of information in terms of the consideration at committees. We have the very unacceptable situation that we do not have a record of committee debates available within a reasonable period of time, that is, the Blacks of the discussion, debate and deliberations, as we do in this Chamber. This throughflow of information from committees is not happening. That is one area that would have assisted in terms of highlighting the information around the discussion and Committee Stage appraisal of each of these proposals in turn. This should be taken on board. We have to find a better way of doing business than this constant rubber-stamping exercise which is patently flawed.

A number of questions have been asked. In relation to the committees, I understand there is a problem with Clerks doing up reports, into which I do not particularly want to go – the Whips can do. The Clerks see this work as political in nature. I am not sure of the background but I understand they have been requested to be involved. Perhaps the Whips can find a way of giving us a summary from the committees which would not be politically oriented. I am sure this would be possible.

It would be wrong to introduce politics to this Chamber.

Apparently, that is the problem.

Unfortunately, there are no real politicians on Deputy Rabbitte's side of the House. They were not selected.

Deputy Harney is giving us "The Star Spangled Banner".

The Blacks will be produced. The order in which they are reported runs from the Dáil to the Seanad to select committees and then other committees. There is usually, therefore, a delay in the presentation of the Blacks for committee debates.

There has been a three month delay.

I understand that but heard what the Ceann Comhairle said, that he will raise the issue this week. Convenors are addressing the matter.

The International Organisation of Vine and Wine Agreement was signed in Paris on 29 November 1924.

That was a good year.

The Deputy was in charge himself then.

Its membership represents over 90% of the world's wine producers and con sumers and brings together over 600 experts within its various commissions, sub-commissions and expert groups. The new agreement was concluded on 3 April with the main changes relating to decision making procedures and structures of the body, including some new budgetary and financial instruments. By the looks of the note, it is a very interesting body.

Who represents Ireland on it?

I do not think we have anybody but we will take nominations – a member of the Greens.

It is not the same member since 1924.

He has not come back yet.

He would not stay on it for long.

On the other question raised by Deputy Kenny, the purpose of Financial Resolutions Nos. 1 to 4, inclusive, is to allow Committee Stage to proceed. They are the normal resolutions. I will get a note for the Deputy if I can.

What about animal disease levies?

That can be discussed.

The Government has been discussing it for a long time now.

Question, "That Nos. 12 to 19, inclusive, be taken without debate", put and declared carried.

In respect of the amended legislation on the Freedom of Information Act, will the Taoiseach ensure that the Government provides sufficient time for a debate? Will he indicate when the Bill is to be published?

It is acceptable to ask when the Bill will be published; the question in regard to the debate might be more appropriate at that stage.

I knew the Ceann Comhairle would say that and that is why I phrased my question that way.

The Bill is to be published shortly and sufficient time should be provided for a debate.

The Minister for Justice, Equality and Law Reform has promised legislation, which we all welcome, to speed up and make cheaper the conduct of public inquiries. When will the legislation be brought before the House? Will it be enacted in time for the Minister to inquire into his own absence as Attorney Gen eral when the deal was being done with the religious congregations?

A Deputy

And will he say why he is so powerless?

The heads of the Bill were passed last week by Government and the Bill is now being drafted.

The Tánaiste and the Minister for Justice, Equality and Law Reform, did their very best to restart the Cold War when the Taoiseach let them out for a run at the weekend.

The Deputy is still trying to fight it.

Will the Taoiseach say if the Donald Rumsfeld wing is now going to be allowed pre-eminence in his Government now? In view of the slanderous comments of Deputy McDowell, in particular, when will the defamation Bill be brought before the House?

The defamation Bill is to amend the law of defamation and was a commitment in An Agreed programme for Government. The submission of the revised heads are expected before Easter 2003 and the Bill will then be drafted.

In light of the fact that 109,000 people are waiting to do the driving test and it is taking up to 28 weeks to be given a date for a test, and given that the Department of Transport computer system in Ballina—

A question on legislation, please.

—has been down for the past two and a half weeks, will the Taoiseach say when the driver testing agency Bill will be brought before the House? Will he ensure that resources are made available to the Department of Transport so that the computers can be fixed?

They could not send Seámus Brennan down to Ballina in the car to fix them.

He certainly would not want to go by train.

The heads of the Bill are expected in the autumn so the Bill will not be ready until late this year or next year.

What about the computers?

They will be back tomorrow.

The Minister for Health and Children has indicated to pharmacists that from 1 April, up to 60,000 vulnerable and some elderly people may be at risk and be prevented from get ting the medication they need. I ask the Taoiseach to ensure that these vulnerable people are protected and that they do not become the victims of bureaucracy and unnecessary restrictions—

I suggest that the Deputy submit a question to the Minister for Health and Children.

The promised legislation is entitled the pharmacy Bill. I ask that it be brought forward to ensure that these people are protected and can access the medication they need.

The drafting of the heads of the Bill is under way. The legislation is expected next year.

I note that the UK Government has today published a White Paper on energy use and on meeting its commitments in regard to climate change. In terms of proposed legislation, does the Taoiseach intend to introduce controls on climate change emissions within Ireland?

There is no legislation promised.

I wish to ask the Taoiseach when the report of the review group on manpower and staffing levels in hospitals will be brought before the House.

Has the Deputy a question on legislation?

Information was leaked last Sunday week on the maternity hospitals that are to be closed. When will this House be given an opportunity to discuss this matter?

Sorry, Deputy, that is a matter to be decided by the Whips.

Will there be a report?

Is there legislation promised?

I want to find out. The Minister for Health and Children seems to be telling everybody that there is no such report.

I suggest that the matter of when business will be discussed in the House is for the Whips to decide.

Is there a report or not?

Is the Deputy referring to legislation and if so, what legislation?

No. I am referring to a report by a review group into staffing.

That does not arise. The Deputy should submit a question to the Minister.

Legislation is promised on foot of it.

It is called the medical manpower task force.

It is time for somebody to clarify this.

The reports have not yet been presented and it is likely to be some months before they are. We cannot talk about legislation until we see the reports.

It is on the public record. On a Point of Order—

I ask the Deputy to resume her seat. Deputy Gilmore has been called.

It is on the RTE radio record that these reports were published in February.

Which February?

The national monuments Bill is due for publication at the end of 2003. Following yesterday's Supreme Court decision in the case of Carrickmines Castle, I ask the Taoiseach if it is intended now to publish the national monuments Bill earlier this year or if it is intended to bring any other legislation before the House in response to yesterday's decision?

The heads of the Bill have been approved and the Bill is due later this year.

Given today's report that the State has had a secret data retention regime for almost a year which was authorised by former Minister for Public Enterprise, Senator Mary O'Rourke, when can we expect publication and debate of what is potentially the greatest mass compromising of personal privacy ever in the history of the State, the proposed data retention Bill? On another matter, is it proposed to introduce legislation to address the pay-related gender discrimination as highlighted by the Equality Authority?

The legislation has already been published.

An Agreed Programme for Government contained a commitment in respect of the introduction of a crimes Bill. What is the present status of the Bill?

The crimes Bill is to provide for the commitment in An Agreed Programme for Government that all substantive criminal law would be codified into a single crimes Act. An expert group which met in January has advised on the possible approaches to the codification. It is expected that the group will report at the end of this year. I do not have a date for the legislation but we await the report.

What is the delay in preparing the legislation to bring into domestic law the International Criminal Court, the Rome court, in view of the fact that this may be needed as we are complicit in international illegal actions? I suggest the Minister for Justice, Equality and Law Reform might better spend his time preparing this legislation rather than offering gratuitous insults to people on the radio.

The heads of the Bill have been approved by Government. The second draft received from the Parliamentary Counsel is being examined in the Department. The legislation is expected by summer.

There has been huffing and puffing in this Chamber in relation to Shannon Airport in the past few weeks. If those doing the huffing and puffing were responsible to the electorate of Clare they would not be returned to Dáil Éireann. I ask the Taoiseach if he is happy that in view of the marches taking place next Saturday in Shannon—

A question on legislation, Deputy Breen.

—will sufficient security be in place to prevent people entering the airfield?

I suggest the Deputy submits a parliamentary question to the Minister.

There is insufficient security. Can the Taoiseach justify it?

The Taoiseach would be out of order to answer that question at this stage. A question should be submitted to the appropriate Minister.

I ask the Taoiseach when the drug offenders Bill will be published.

Work is at a preliminary stage of examination and will take some time. The Bill is to provide for registration of convicted drug dealers and to provide for stiffer penalties. It will take some time before it is ready.

Will it be ready next year?

I would say so.

In view of the EU Commission's considered opinion regarding the €20 charge in regard to planning, has the Taoiseach proposed to bring in legislation to withdraw that charge? Yesterday in Cork I was told that no such communication was received by the council from the Minister responsible.

The matter is being examined by the Minister for the Environment and Local Government, Deputy Cullen. The EU has given no opinion on it and the Minister will reply through a parliamentary question as soon as he finishes his examination.

In view of recent reports in regard to the increase in white collar crime, will the Taoiseach ask the Minister for Justice, Equality and Law Reform to devote some time to bringing forward the related legislation? When can we expect that legislation?

The corruption Bill is scheduled for this session.

We were delighted to have the Minister for Enterprise, Trade and Employment, Deputy Harney, on the northside yesterday. Many of the northside community bodies took the opportunity to remind her that her Department has destroyed the social economy programme by capping the programme.

Has the Deputy a question on legislation?

I am sure the Taoiseach is aware of the problem in his own constituency. We have constant complaints that in the programme contracts were signed by companies with—

We are moving on to No. 12.

Will the Taoiseach provide time for a debate on this?

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