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Dáil Éireann díospóireacht -
Tuesday, 8 Apr 2003

Vol. 564 No. 5

Order of Business.

The Order of Business today shall be as follows: No. 12, motion re membership of committee; No. 17, Licensing of Indoor Events Bill 2001 – Report Stage (resumed) and Final Stage; and No. 1, Local Government (No. 2) Bill 2003 [Seanad] – Second and Remaining Stages to be taken not later than 8.30 p.m. and the order shall not resume thereafter. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 10 p.m.; No. 12 shall be decided without debate; and the following arrangements shall apply in relation to No. 1: (i) the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion after 65 minutes; the speech of the Minister for the Environment and Local Government and of 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; members may share time; and the Minister for the Environment and Local Government shall be called upon to make a speech in reply which shall not exceed five minutes; and (ii) Committee, Report and Final Stages shall, if not previously concluded, be brought to a conclusion at 10 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 the Environment and Local Government. Private Members' Business shall be No. 33, motion re standard of school accommodation.

Is the proposal for the late sitting agreed? Agreed. Is the proposal for dealing with No. 12 without debate agreed? Agreed. Is the proposal for dealing with No. 1 agreed? Agreed.

I understand the House will rise next week. Will the Dáil have an opportunity to have a further debate on Iraq and on the consequences of the Northern Ireland presentation on Thursday? Will the Dáil have an opportunity to have a debate or statements and questions and answers on that next week?

I support both requests from Deputy Kenny.

It is important to bear in mind that there is widespread demand for a debate, given the significance of the Hillsborough Castle meetings.

It is not necessary to make a statement on it, Deputy.

I just want to add my voice and that of the Green Party to the request for a debate.

I support the request for an opportunity to address both of these issues but I stress to the Tánaiste that these are separate issues.

I agree they are separate issues and it is the Government's intention that there will be a debate on Northern Ireland next week. We will have Leaders' Questions on Iraq today and perhaps again tomorrow. The Minister for Foreign Affairs will answer questions tomorrow. It is not intended to have a debate on Iraq next week—

—but it is the intention to have one on Northern Ireland.

The Taoiseach said he would have a unique opportunity to talk to the American President—

We cannot have a debate on it now, Deputy. I call Deputy Gilmore.

—about the necessity of having the United Nations involved. As he has had this unique opportunity, we should have an opportunity next week to give our views on how the United Nations might be empowered to play its part in the reconstruction of Iraq.

On the Government's list there are two Bills dealing with matters of heritage and conservation, the National Monuments Bill and the Bill which relates to the transfer of heritage functions to the Minister for the Environment and Local Government. Will the Tánaiste confirm that the Government is considering breaking up Dúchas, the heritage service, and putting national monuments under one Department and policy under another, effectively dismantling the conservation and heritage service of Dúchas?

We cannot have a debate on the content of legislation.

It relates to these two Bills.

Is legislation promised in this area?

Legislation is promised in this area. On the specific question raised by Deputy Gilmore, that matter is under consideration and decisions have not been made yet in that regard.

Why break up Dúchas?

The Deputy will have to table the question to the relevant Minister.

What was it doing to offend the Government?

That matter does not arise on the Order of Business.

We were all taken aback by the crime figures announced last week. Last Wednesday I looked at the draft schedule and the Criminal Justice (Public Order) Bill 2002 was listed for Report Stage on Wednesday. On Monday I checked again and it had been taken off the list. In the meantime, on Sunday the Minister amazingly specifically blamed the Opposition for non-passage of the Bill. I was given the excuse that the Government amendments had not been prepared and were not ready. This Bill has languished for 12 months.

Do you have a question on legislation appropriate to the Order of Business?

With all due respect to you, Sir, nothing is more germane to this archaic and idiotic parliamentary procedure than the question I am asking. This has languished for 12 months. If the Government is to make crime legislation a priority, this Bill would have been passed a long time ago. When will this legislation come back to the floor of the House and when will it be passed? The comments that were attributed to the Minister for Justice, Equality and Law Reform last Sunday were wrong and unfair, and they should be clarified or withdrawn.

That latter matter does not arise on the Order of Business.

The reason the Bill was withdrawn from the Order Paper this week is that it would not be reached, but I am told by the Chief Whip it will be down for next week.

No. 24 on the Order Paper is the Whistleblowers Protection Bill 1999 which completed Second Stage in the previous Dáil, was referred to committee and simply parked for the past number of years. Is it the intention of the Government to proceed with the Bill and allow a committee to deal with it, and will the Government advise the Chairman of the appropriate committee accordingly? Will the Tánaiste tell the House exactly what is the position regarding that legislation?

On another Bill also in her Department, the Work Permits Bill, this week the Tánaiste made an order in relation to work permits. It will restrict the number of work permits and will come into effect later this week. Will she give details of exactly what is intended because there is some confusion as to whether it will affect existing permit holders or will apply exclusively to new applicants?

On the last issue, it will apply exclusively to new applicants, not to existing holders of permits. It is the intention to proceed with the Whistleblowers Protection Bill. That matter was pursued by the Minister of State, Deputy Tom Kitt, when he was at the Department of Enterprise, Trade and Employment and it is currently being pursued by the Minister of State, Deputy Fahey.

Where is it?

I will revert to the Deputy. I am not certain, but it is the intention to proceed with it.

Constituents of the Ceann Comhairle will be interested in the Property Registration Authority of Ireland Bill, given that often landlords are not registered with local authorities. Will the law as it stands be enforced before another Bill is introduced that is meaningless in the eyes of many people?

Legislation is promised for later this year.

The Tánaiste may remember that a couple of weeks ago I raised with her the issue of the Immigration Bill, which is tabled for Second Stage tomorrow. On that occasion she promised that it would not be reintroduced to the Order Paper until such time as the fresh amendments, which were tabled after the Bill had been passed in the Seanad, were circulated to us. That has not happened, yet the Bill is being tabled for Second Stage tomorrow. How will she honour that commitment?

I think my commitment was to speak with my colleague, which I did, but I will speak with him further on the matter when he returns this evening.

The reason I raise it is I understand that there are substantial changes in the new amendments. They should be circulated because they would change the legislation.

I will discuss that matter with the Minister for Justice, Equality and Law Reform.

In light of the arbitrary decision of the Department of Enterprise, Trade and Employment, together with FÁS, to proclaim a number of occupational categories, including child care workers, tourism workers and catering workers—

Will you come to the legislation in which you are interested?

I am seeking to establish the various categories that were proclaimed—

What legislation are you speaking about?

—without consulting the social partners. I am trying to establish when comprehensive legislation that will facilitate the categorisation of these areas will be brought forward?

Legislation is not promised.

I want the Tánaiste to clarify two matters. When will the Education for Persons with Disabilities Bill, which is listed in section A, be taken? Is a wider Disability Bill promised? Which Bill will come before the House first? In the context of both Bills, how can the Tánaiste reconcile the vicious cutbacks affecting people with intellectual disabilities?

The second question is not in order and you will have to find another way of raising it.

Both Bills will be published before the summer.

Which will be published first or will they be published together?

I do not know which will be published first but both will be published before the summer.

Is the Tánaiste aware that the Disability Bill should be introduced first, that the Education for Persons with Disabilities Bill should not be introduced before the Disability Bill?

The last time I asked about the International Criminal Courts Bill I was told that it was at the fourth draft. When will the legislation be circulated to avoid, for example, sending people arrested in Iraq to Guantánamo Bay or trying them before military tribunals or other forms of court in the United States? Perhaps the Tánaiste will tell me whether the Taoiseach urged the President of the United States to sign the International Criminal Courts Bill or to acknowledge its existence.

I am not aware that the Taoiseach raised that matter, but the Bill will be ready in the middle of this year.

The Tánaiste will have read with alarm of the problems with employment falling, unemployment rising, inflation rising and competitiveness in trade worsening. When will the debate on the social partnership agreement come before the House because there are very serious problems with the whole fabric of the social partnership which need to be debated?

We cannot go into what Members might like to debate.

After Easter.

When will the Health and Social Care Professionals Regulatory Bill be introduced in view of the fact that it was referred to at a health board meeting yesterday and it is important legislation?

The heads of the Bill are expected this year but the Bill will not be published until next year.

What is the current status and location of each of the following: the Bill to replace the Official Secrets Act 1963, the minerals development Bill and the radio communications Bill?

Spot the difference.

The minerals development Bill is due in 2004. What was the second Bill?

The radio communications Bill.

That is also expected in 2004.

There were three Bills.

They are all expected in 2004.

But there are different locations in each case.

Arising from the Taoiseach's speech to the IMI in Killarney and his extensive radio interview on Sunday, does the Government propose to introduce any new, additional legislation, not currently on the sheet, to give effect to competition measures that it had not previously contemplated?

The Government is awaiting the report of the Competition Authority. As the Deputy knows, preliminary consultancy work was published in relation to eight professions. The authority is now completing its findings. On receipt of these, if legislation is required it will be introduced.

How many professions could the Tánaiste afford to take on?

They do not all need to be taken on, the engineers look fine.

Did I understand the Tánaiste to say earlier that notwithstanding the fact that the President of the USA and the British Prime Minister are having a summit on this island about the appalling situation in Iraq, she does not propose to give time to the House to discuss it before it rises for the Easter recess?

We have already dealt with this.

I am entitled to ask, as a leader of an Opposition party, if the Tánaiste, as the leader of the Government here today, will make time available to discuss what is going on in Iraq.

I already answered that question. It is the Government's intention to have a debate on Northern Ireland next week. When the Minister for Foreign Affairs takes parliamentary questions here tomorrow, he will deal with any questions the Deputies have about Iraq.

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