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Dáil Éireann díospóireacht -
Tuesday, 1 Jul 2003

Vol. 570 No. 2

Order of Business.

The Order of Business today shall be No. 11, motion re establishment of Joint Committee on the Constitution; No. 12, Protection of the Environment Bill 2003 [Seanad] – Financial Resolution; No. 19, Protection of the Environment Bill 2003 [Seanad] – Order for Report, Report and Final Stages; No. 20, Immigration Bill 2002 [Seanad] – Order for Report, Report and Final Stages; and No. 21, Interpretation Bill 2000 – Order for Report, Report and Final Stages, to be taken not later than 10.30 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 11 p.m.; Nos. 11 and 12 shall be decided without debate; the proceedings on Report and Final Stages of No. 19 shall be taken today and shall, if not previously concluded, be brought to a conclusion at 9.30 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, Heritage and Local Government; the proceedings on Report and Final Stages of No. 21 shall be taken today and shall, if not previously concluded, be brought to a conclusion at 11 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 of State at the Department of the Taoiseach; Private Members' Business shall be No. 36, motion re housing.

There are four proposals to be put to the House. Is the proposal for dealing with the late sitting agreed? Agreed. Is the proposal for dealing with Nos. 11 and 12 without debate agreed?

I oppose the proposal concerning No. 12. I have made the case before that I do not like guillotines, which apply in the cases of Nos. 12 and 19. I do not object to taking No. 11 without debate.

There are 12 or 14 guillotines planned this week. To require us to rubber-stamp legislation in this way makes a farce of this House. No. 12 is the introduction of a financial resolution. This may not be done under Standing Orders since it imposes a charge on the people. The Bill is at Report Stage. I presume either the Minister will try to recommit or it is not in order. This is no way for us to be asked to do business. To introduce at this stage a financial resolution as an amendment to a matter relating to the protection of the environment is not acceptable and, therefore, I am opposing it.

I expected that we would deal with each of these items separately. No. 11 is on the Order Paper to allow the committee to sit during July. However, No. 12 is different. It is farcical to ask for agreement on both items together and it calls into question the integrity of this House. I ask you, a Cheann Comhairle—

You are only being asked whether the items will be taken without debate. It is not in order to make a statement on the substance of them.

I am opposing the manner in which we are being asked to rubber-stamp items that are quite different and that need to be taken individually. Given that the Protection of the Environment Bill is at Report Stage we should get an explanation on that Stage about this matter rather than having it put to us in this manner, whereby it is lumped in with another committee. This does not address the real issue.

I object to the fact that we are being asked to take both of these together on the spurious grounds that both propositions entail being taken without debate. They are two entirely different issues, the establishment of the joint committee on the Constitution and a financial resolution connected to a Bill that has not yet made its passage through the Oireachtas. It is absurd. For the Minister's information, I have no objection to the detail of the financial resolution. However, the procedural approach in having the resolution taken before Report and Final Stages conclude has no validity. On both counts, I object strongly.

The resolution must be moved before the Minister recommits the Report Stage amendment – it is precisely so that he can recommit it and the debate can then be taken. We do not like pressing measures through, but we are reaching the end of the session. After tonight we will have had almost 28.5 hours of debate on the Protection of the Environment Bill. Extensive time has been allocated to it.

Question put: "That Nos. 11 and 12 be taken without debate."

Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Seamus.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Cassidy, Donie.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cowen, Brian.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Hanafin, Mary.Haughey, Seán.Healy-Rae, Jackie.Hoctor, Máire.

Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Lenihan, Brian.Lenihan, Conor.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Nolan, M. J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Dea, Willie.O'Donnell, Liz.O'Flynn, Noel.O'Keeffe, Batt.O'Malley, Fiona.O'Malley, Tim.Parlon, Tom.Power, Peter.Power, Seán.Ryan, Eoin.Sexton, Mae.Smith, Michael.Treacy, Noel.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G. V.

Níl

Allen, Bernard.Boyle, Dan.Breen, Pat.Broughan, Thomas P.Burton, Joan.Connolly, Paudge.Costello, Joe.Coveney, Simon.Crowe, Seán.Cuffe, Ciarán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.English, Damien.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Gregory, Tony.Harkin, Marian.Hayes, Tom.Higgins, Joe.Higgins, Michael D.Hogan, Phil.Howlin, Brendan.Kehoe, Paul.

Kenny, Enda.McCormack, Padraic.McGinley, Dinny.McGrath, Finian.McGrath, Paul.McManus, Liz.Mitchell, Olivia.Morgan, Arthur.Murphy, Gerard.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Quinn, Ruairí.Rabbitte, Pat.Ryan, Seán.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg.
Question declared carried.

We are dealing with No. 19, Report and Final Stages of the Protection of the Environment Bill 2003. Is the proposal for dealing with No. 19 agreed?

I object to the guillotining of the Bill, which is a trojan horse for major legislation which will erode the powers of councillors. In effect, it is transferring powers from councillors to managers in respect of the raising of refuse charges. The Minister has already indicated an intention to push through a proposal to charge the economic rate. As a result of the Bill people will be paying between €600 and €700 per annum in charges.

We cannot discuss the content of the Bill.

We should be encouraging recycling.

I object to the guillotining of the Bill.

Fine Gael cannot be recycled.

Allow Deputy Allen to conclude.

Everything is downhill from here.

(Interruptions).

Deputy Allen should not allow himself to be distracted by people interrupting.

This will have the effect of making the local elections in 2004 semi-meaningless.

I am sorry, Deputy, but we cannot discuss the content of the Bill.

On behalf of the Labour Party, I object to the guillotining of this legislation. Some 158 amendments are tabled for Report Stage of the Bill, for which, at most, two or two and a half hours is being allocated for debate in this House. The Bill is controversial. Certain issues arose on Committee Stage, including the charging regime, the transfer of powers to county managers and the changes in the licensing regime on which commitments were given that amendments would be brought back on Report Stage, or on which there would be extended discussion. That cannot happen in the period of time allowed.

In addition to that, the Government is introducing new amendments to the Bill, one of which is eight pages long. This, effectively, amounts to a new item of legislation, which has not been debated on Second Stage or Committee Stage.

That was not recycled by the Minister for the Environment, Heritage and Local Government.

A significant change to planning law is being slipped in, which will result in waste management plans taking precedence over county development plans, the waste management plans having being made by county managers.

The Deputy has made his point.

It is utterly unacceptable that legislation of this importance and complexity, with all the implications it has for the public, should be railroaded through the House in this fashion—

It is not being railroaded.

It is a recycled Bill.

—without adequate debate. It is undemocratic. This is an arrogant Government going mad.

It will allow incinerators to be built without planning permission.

The Green Party also objects to this proposal. The Taoiseach mentioned that we will have had 24 hours of debate on the Bill—

Some 28 hours have been allowed.

In reality, Second Stage was truncated and it is intended to truncate Report Stage. Most of the debate has been on Committee Stage. It has been pointed out that additional legislative elements are being put before the House in terms of new ministerial amendments. The time being provided is not sufficient. We do not believe the alleged urgency on the part of the Government, that this is legislation that needs to be passed before the end of this session. We oppose this proposal.

Sinn Féin also opposes the guillotining of the Bill. A total of 158 amendments have to be addressed over a mere two and a half hours. The Taoiseach referred earlier to the number of hours that had been spent on the Bill. The tragedy is that the Government will force this through the House. The consequences of many of the propositions within the Bill, in addition to the Minister's new amendment, will be catastrophic in terms of local democracy. This will further erode the powers of locally elected and locally accountable representatives, placing more power in the hands of city and county managers, and in critical areas that will affect the daily life condition of ordinary people. The guillotining of this Bill is absolutely unacceptable and we wholly reject it.

Question put: "That the proposal for dealing with No. 19 be agreed to."
The Dáil divided by electronic means.

In accordance with Standing Order 69, as a teller in the previous electronic vote and arising from the seriousness of the matter which our spokesperson, Deputy Gilmore, raised, I ask for a vote other than by electronic means.

It is a pity the Deputy cannot have a recount in football.

As a teller, Deputy Stagg is entitled under Standing Order 69 to call a vote through the lobby. That vote will take place in three minutes.

Question, "That the proposal for dealing with No. 19 be agreed to", again put.

Ahern, Bertie.Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Seamus.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Cassidy, Donie.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cowen, Brian.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Hanafin, Mary.Haughey, Seán.

Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Lenihan, Brian.Lenihan, Conor.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Nolan, M. J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Dea, Willie.O'Donnell, Liz.O'Keeffe, Batt.O'Malley, Fiona.O'Malley, Tim.Power, Peter.Power, Seán.Ryan, Eoin.Sexton, Mae.Smith, Michael.Treacy, Noel.Wallace, Dan.Wilkinson, Ollie.Woods, Michael.Wright, G. V.

Níl

Allen, Bernard.Boyle, Dan.Breen, Pat.Broughan, Thomas P.Burton, Joan.Connolly, Paudge.Costello, Joe.Crowe, Seán.Cuffe, Ciarán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.English, Damien.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Gregory, Tony.Harkin, Marian.Hayes, Tom.Higgins, Joe.Higgins, Michael D.

Howlin, Brendan.Kehoe, Paul.McCormack, Padraic.McGinley, Dinny.McGrath, Finian.McGrath, Paul.McManus, Liz.Mitchell, Olivia.Morgan, Arthur.Murphy, Gerard.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Perry, John.Quinn, Ruairi.Rabbitte, Pat. Ryan, Seán.

Níl– continued

Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Stanton, David.

Timmins, Billy.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg.

Question declared carried.

Is the proposal for dealing with No. 21 agreed to? Agreed.

There is a sense of déjà vu about No. 20, the Immigration Bill 2002.

We are talking about the Interpretation Bill 2000.

Have we dealt with No. 20?

No, we have not.

There is no guillotine on No. 20.

No, but it is an issue.

This will be the only opportunity of dealing with this matter, because we may—

Sorry, Deputy, this is not appropriate. Is the proposal for dealing with No. 21 agreed to? Agreed. I will call Deputy Costello shortly.

Is legislation planned to introduce a new employment scheme for workers involved with organisations for the disabled?

Does the Deputy have a question on legislation?

On what legislation?

The Minister of State at the Department of Enterprise, Trade and Employment, Deputy Fahey, promised a new employment scheme to allow people who work with disabled groups—

Is legislation promised?

I do not think this matter requires legislation, but Deputy Fahey has worked out arrangements with the disabled groups.

Since when?

In light of the statement issued by the Information Commissioner to the effect that the scale of charges implemented in respect of the Freedom of Information Act runs counter to the long title of the Act—

Does the Deputy have a question relating to promised legislation?

I do. The Information Commissioner goes on to say that the scale of charges may distort the level playing field provided for in the Act and that the introduction—

Sorry, Deputy, it is not appropriate to give a long preamble. If the Deputy has a question on legislation, I will hear it.

—of appeal fees is contrary to international practice. My question, a Cheann Comhairle, which I assure you is in order, is whether the Taoiseach will permit time, given the commissioner's reservations, for a debate in the House on the regulations introducing charges to restrict access to information under the Act. I am entitled to ask whether there will be a debate in the House on this issue.

I have not seen the report of the Information Commissioner, but I am sure anything she puts forward will be considered by the Minister for Finance, who is responsible for dealing with these issues. This is his function.

It is somebody else's responsibility.

I am seeking to establish whether this serious undermining of the principle behind the Act, that of freedom of information, can be discussed in the House before it rises.

The matter should be discussed with the Whips.

The next point is not longwinded; it is one simple sentence.

These matters should be discussed with the Whips.

No, this is Government time.

The matter can be tabled as a question.

When – at Christmas?

Next October.

We could discuss it during the Adjournment debate.

There is plenty of time.

I wish to reflect on the issue mentioned by Deputy Costello—

The Deputy cannot reflect on an issue.

I wish to address the issue of the Immigration Bill 2002.

That will come before the House tomorrow. If the Deputy has a comment appropriate to the Order of Business, he will be allowed to make it tomorrow morning.

Is the Bill to appear on the Order of Business tomorrow as part of a proposal?

It is on the Order of Business—

It is on the Order of Business for today.

And tomorrow.

On a point of order, unless this Bill actually forms part of a proposal we will be precluded from raising the issue in the manner in which we treat other substantive propositions during the Order of Business.

The Bill is not concluding this evening.

No, it is being dealt with today and tomorrow.

Debate on the Bill will be adjourned this evening.

It is on the Order Paper for today. I have no other mechanism through which to reflect on the absolute unacceptability of the Minister's approach in introducing some 32 pages of amendments which practically constitute a new Bill. This is outrageous. Elements that have not been addressed on Second Stage—

If the Deputy wishes to raise this today, I will allow him to do so but he cannot raise it again tomorrow. We cannot have repetition.

This Bill was published in February 2002 but 12 months elapsed before it went through the Seanad in February of this year and Second Stage in the Dáil only concluded on 29 May. On 16 June, the Minister introduced 32 pages of proposed Committee Stage amendments, some dealing with matters completely unrelated to those discussed on Second Stage. They included draconian provisions, many of which, both in my opinion and the opinion of other Deputies, violate Ireland's international obligations regarding the protection of refugees.

The Deputy has made his point.

Report Stage is to be taken today and the closing time for amendments from Members was 11 o'clock yesterday. There was limited time for Deputies to peruse the Minister's proposals and to prepare amendments. It is unacceptable that the Bill should proceed in this manner, particularly given the outworking of the Minister's proposals.

The Deputy has made his point. I call Deputy Costello on the same issue.

There may be no guillotine but the legislation is being forced through the House in a most unacceptable way.

Today is the only occasion on which we will have an opportunity to raise this matter. The Taoiseach will recall that about three weeks ago, I raised a similar question about the Temporary Release of Prisoners Bill. The Minister for Justice, Equality and Law Reform had grafted totally extraneous material onto the legislation, which would have had the effect of putting Irish citizens in prison in this jurisdiction without question, on foot of a request from any regime from Turkey, to Afghanistan or the USA. The Taoiseach had the good grace to withdraw the proposal and ensure that the Bill was recommitted, which the Minister for Justice, Equality and Law Reform is now doing.

The original Bill was only 14 pages long, yet the amendments tabled two weeks ago were 34 pages long. Last night another ten pages of amendments were tabled, all of which have changed dramatically the nature of the Bill. The Seanad has already completed its consideration of the Bill and will not have an opportunity to discuss the substance of the new amendments. In addition, tomorrow's debate on the Bill in this House is to be guillotined. With your permission, a Cheann Comhairle, I am asking the Taoiseach to have this Bill recommitted also, so that we can have a proper Second Stage debate.

That is a matter for the House when the Bill comes before it.

The last time I asked a similar question, the Taoiseach considered the matter favourably. I am asking him to do likewise now.

It is a matter for the House to decide how it handles the Bill when it comes before it.

The Minister for Justice, Equality and Law Reform was formerly the Attorney General. He knows the procedures of the House, yet he is railroading material through at this stage.

You have made your point, Deputy. I am calling Deputy Naughten.

Can we get the Taoiseach's views on the matter?

It is a matter for the Dáil to decide how it handles the business when it comes before the House. Does the Taoiseach wish to comment on the Bill?

I made that change a few weeks ago but the Minister for Justice, Equality and Law Reform has been working over a long period to get the Bill through. He is anxious to get it through in this session. We have spent 23 hours and 40 minutes on the Bill, including a Committee Stage debate which lasted for 15 hours and 30 minutes over four days. There are some new aspects to it but we have to try to get it passed.

This is a totally new Bill being introduced by amendments.

I congratulate the Garda Síochána on the tremendous job it did in moving traffic through Dublin during the Special Olympics. When will No. 111 on the list of promised legislation, the critical infrastructure Bill, be published, or has it too hit a bottleneck just like Dublin's traffic?

The legislation is being prepared and a memorandum for Government will be submitted shortly seeking approval for the draft heads of the Bill. The legislation will be published in the autumn or the beginning of next year.

What is the status of the proceeds of corruption Bill? It was the centrepiece of the Government's previous legislative programme but seems to have slipped off the radar since then. It should have added interest in view of the changes happening in what was previously referred to as the Flood tribunal. The Taoiseach has indicated that the legislation might be incorporated into a newer Bill so is it still intended to present it to the House in that fashion or will we see it in the form that was originally promised by the Government?

The proceeds of corruption Bill is aimed at further targeting white-collar crime. Preliminary consultations have taken place with the Office of the Attorney General and the Criminal Assets Bureau. Changes in the law contemplated for this Bill may be included in amendments to the Proceeds of Crime (Amendment) Bill, so I think both Bills will be taken together.

Some time ago when discussing secondary legislation, I asked the Taoiseach if the Government was reviewing the groceries order. The Taoiseach told the House then that no such review was contemplated. During Question Time, however, Deputy Harney confirmed that she is reviewing the groceries order. Is there a Government policy on this matter and when will the review be completed?

Deputy Harney answered that question during Question Time today. I call Deputy Burton.

We might get a better answer from the Taoiseach.

The question was for the Taoiseach and I asked him whether there was a review. I presume that legislation that is being reviewed involves the Government, or is this an initiative of Deputy Harney?

What I stated then, and will reiterate now, is that there is no legislation pending on this issue.

In view of the disclosure by the Minister for Justice, Equality and Law Reform of the number of fines he has mitigated – some because of people's incapacity to pay by instalment—

It is now 5.45 p.m. so the Deputy should come straight to the legislation. I wish to give the two Deputies remaining an opportunity to submit a question.

When will the Government do anything about the fines Bill, to stop people going to jail for non-payment of fines?

The fines Bill is due in the autumn.

I will be as quick as possible but I think we need a legislation superhighway. The Minister has given promises regarding consultation on the education for persons with disabilities Bill.

Please allow the Taoiseach to answer regarding the Bill.

I have raised this issue a number of times previously but there has been a delay with the legislation. Can the Taoiseach confirm that the Bill will come before the House during the first week of the resumption of the Dáil, given that we have the whole summer to consult about it?

I understood that we had a commitment that this Bill would be published before the end of this session.

We did, yes.

Will the Taoiseach clarify that?

It is imminent.

It will be published very shortly.

We need to clarify this because it was on the legislative list.

I am sorry but the Taoiseach has answered the question.

All we need is an answer.

There is much public disquiet about the increase in VHI subscriptions, which have now reached almost 50% over three years. The Government is blithely facilitating these increases without taking into account the fact that many people on modest incomes are struggling to keep their payments going. When does the Taoiseach intend to introduce the Voluntary Health Insurance Board (corporate status) Bill? It has been stated that the Bill's purpose is to alter the corporate status of the VHI without any definition as to what it means.

Please allow the Taoiseach to answer your question, Deputy, and then we can move on to the next business.

Are we talking about the privatisation of the VHI? Is that what the Government is planning?

The heads of the Bill are expected this year and the legislation will be published next year.

Barr
Roinn