Dáil Éireann díospóireacht -
Wednesday, 5 Nov 2003

Vol. 573 No. 4

Order of Business.

The Taoiseach

It is proposed to take No. 3, Courts and Court Officers (Amendment) Bill 2003 – Committee and Remaining Stages; No. 22, Containment of Nuclear Weapons Bill 2000 [Seanad] – Order for Report Stage and Report and Final Stages; No. 21, Companies (Auditing and Accounting) Bill 2003 [Seanad] – Second Stage (resumed); and No. 23, Residential Tenancies Bill 2003 – Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that Committee and Remaining Stages of No. 3 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after 45 minutes 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 Justice, Equality and Law Reform; that Report and Final Stages of No. 22 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after 45 minutes 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. Private Members' Business shall be No. 37, motion re hospital services (resumed) to conclude at 8.30 p.m.

An Ceann Comhairle

There are two proposals to be put to the House. Is the proposal for dealing with No. 3 agreed to?

Mr. Kenny

The Taoiseach quite rightly pointed out to the House yesterday that a greater amount of time should be allocated to Members to deal with legislative matters. I accept this. As a general principle, I do not like to see a guillotine being imposed on any Bill. It is fair enough, however, if a Bill runs its course, if Deputies do not have sufficient interest or if the matter has been talked out. I do not object to the two proposals before the House.

Mr. Sargent

The House is aware that the Second Stage debate on the Courts and Court Officers (Amendment) Bill 2003 was particularly brief. It was wrapped up very quickly, perhaps in record time. In that context, I wonder if the Government will stand by its proposal to limit the debate on Committee and Remaining Stages to 45 minutes. Will Report Stage be lengthened to compensate for the short Second Stage?

The Taoiseach

The debate can be as long or as short as Deputies want. The Bill provides that the number of ordinary judges will be increased from 26 to 28.

An Ceann Comhairle

Is the proposal agreed to? Agreed. Is the proposal for dealing with No. 22 agreed to? Agreed.

Mr. Kenny

When will we see legislation in respect of the Garda inspectorate? I understand the Minister for Justice, Equality and Law Reform has prepared the heads of such a Bill but the inspectorate has not yet been established. Will we see legislation dealing with the codification of criminal law? When can we see the legislation in respect of night courts which has been promised by the Government?

The Taoiseach

The Garda Síochána Bill will be brought forward before Christmas. A number of justice Bills are before the House. The criminal justice Bill to which the Deputy referred will be brought forward in the next session, before Easter.

Mr. Rabbitte

My colleague, Deputy Gilmore, raised yesterday morning the question of public contracts awarded by local authorities to waste management companies, two of which are engaged in industrial disputes with SIPTU on non-recognition of the union. The Taoiseach said in reply:

There is legislation in this area – the 1990 Act is the relevant one. There is no proposed new legislation.

I do not know whether the Taoiseach is conscious of this. Can he indicate when the trade union Bill which has been published is likely to be enacted? None of the State agencies is intervening in the ongoing disputes. Serious hardship is being imposed on workers. Local authorities which have awarded public contracts are refusing to recognise the trade union involved.

The Taoiseach

The Bill to which the Deputy refers – the Industrial Relations (Amendment) Bill – has been listed for Second Stage.

Mr. Sargent

The Containment of Nuclear Weapons Bill is being dealt with expeditiously today. Just 45 minutes have been provided for the Report Stage debate. Will a similar Bill – the comprehensive nuclear test ban treaty Bill – be brought forward soon? It could be dealt with just as quickly. There is no reason we should have to wait until 2004, the expected publication date of the Bill, as it is concerned merely with implementing our obligations under the comprehensive nuclear test ban treaty. It is not a big Bill and should not take much time.

The Taoiseach

There are 20 heads to the Bill. The draft heads are being prepared in the Department and it is expected that they will go to Government towards the end of the year. The heads are not yet complete so it will be 2004 before the Bill is dealt with.

Ms O. Mitchell

On legislation promised both inside and outside the House, all the reforms proposed depend on the setting up of the health executive. When will the legislation be brought before the House? Will the executive be set up in an interim form, as was originally envisaged? It is urgent that it be set up because it is the body that will drive any reforms that take place.

The Taoiseach

Legislation is required to deal with the various reforms published in recent months. I do not have the relevant dates. I know the health agency group and the various groups dealing with reforms have been put in place and have been dealing with the workload involved for some months. I do not have a date for the legislation. The Deputy would need to table a parliamentary question to the Minister to ascertain the dates on which the legislation will be introduced.

Ms O. Mitchell

Has the interim health executive been appointed?

An Ceann Comhairle

The Deputy should submit a question to the appropriate Minister.

The Taoiseach

No. I do not believe it has been appointed.

Ms McManus

On the Hanly report, a number of Bills will be required to be passed in the Dáil. When will they be presented?

The Taoiseach

As I said, legislation will be required. It is too early to give indications when the legislation will be introduced, but a parliamentary question should be tabled to the Minister for Health and Children. It will require fairly significant legislative change.

Caoimhghín Ó Caoláin

Will the Taoiseach consider allowing time in the House to explain his party's new strategy on the housing crisis, whereby the Leader of the Seanad—

An Ceann Comhairle

I suggest that the Deputy discuss that matter with the Whips. I call on Deputy Allen.

Caoimhghín Ó Caoláin

—is going on a TV gameshow to award a house to the most deserving couple?

Mr. D. Ahern

All in the interests of love.

Caoimhghín Ó Caoláin

What next? Will we see prizes of hospital beds and hip replacements?

Mr. Allen

As we sit here, the Cork Centre for the Unemployed is winding down its operations and, at the same time, community employment scheme workers are being laid off throughout the country. We were promised a review of the scheme by the Minister for Enterprise, Trade and Employment, which was to be published in the autumn. In the meantime, jobs are being butchered left, right and centre.

An Ceann Comhairle

Has the Deputy a question on legislation?

Mr. Allen

When will the review be completed and will there be a debate on it in the House?

An Ceann Comhairle

The Deputy should submit a question to the relevant Minister.

Mr. Allen

This is a matter of life and death for many people who are losing their jobs and who will never work again.

An Ceann Comhairle

That is why I suggest that the Deputy approach it in a very structured way by putting down a question to the appropriate Minister.

Mr. Allen

Under the guise of a review, jobs are being lost all over the country.

An Ceann Comhairle

I call Deputy Sherlock.

Mr. Allen

The centre for the unemployed in Cork, for example, is being closed down—

An Ceann Comhairle

The Deputy is being disorderly.

Mr. Allen

—because the Tánaiste has cut the budget.

An Ceann Comhairle

Deputy Sherlock has been called. I ask Deputy Allen to give way to his Cork colleague.

Mr. Allen

All I am asking is when the review will be published?

An Ceann Comhairle

I suggest that the Deputy submits a question to the appropriate Minister.

Mr. Allen

Could the Taoiseach tell us? By the time I get an answer the jobs will be gone.

Mr. Sherlock

A forestry (amendment) Bill has been proposed. Has the Taoiseach proposals to bring it forward?

Does the Government intend to introduce a ground rents Bill? I have good reason for pursuing this matter. I ask the Taoiseach to give a good, honest answer as to whether it is intended to bring in such a Bill.

Mr. Costello

God help Deputy Sherlock's head if he wants a good, honest answer.

The Taoiseach

The heads of the voluntary health Bill are expected in the autumn. The Bill should be dealt with in the next session.

The question on the ground rents Bill is not as easy to answer. If the Deputy is asking me to make an honest assessment—

A Deputy

There is not a snowball's chance in hell.

The Taoiseach

I would say it will take a few more sessions. There are major legal complications pertaining to that Bill. If I were Deputy Sherlock, I would not keep my file too active on that Bill.

Mr. J. Higgins

In light of what the Taoiseach said six years ago about building land, he finally acknowledges something has to be done about the matter. It is obvious that ground rents are now taking the same route.

On promised legislation, what is the position on the State airports Bill 2003, providing for the break-up of Aer Rianta? Everybody knows it is a preparation for attempted privatisation by the Government of a very important asset.

An Ceann Comhairle

Deputy, we cannot discuss the content of the Bill.

Mr. J. Higgins

I know that. Will the Taoiseach state if the talks with the workers, which the Minister was eventually forced to concede, will influence that Bill?

An Ceann Comhairle

I call the Taoiseach, on the legislation.

The Taoiseach

We brought in Part V of the planning Bill several years ago, of which I am sure the Deputy is aware. The State airports Bill 2003 is due shortly. It is not concerned with, and is not a forerunner to, the privatisation of Aer Rianta.

Mr. Connaughton

I have two questions for the Taoiseach. Yesterday I asked him what financial help the Government intends to give to the Derrybrien community as a result of the landslide.

An Ceann Comhairle

The Deputy asked that yesterday. What is the second question?

Mr. Connaughton

This is only the first half of the first question.

An Ceann Comhairle

It should be appropriate to the Order of Business.

Mr. Connaughton

Will the Taoiseach allow time to discuss wind energy policy? There are serious questions to be asked as a result of what happened in Derrybrien.

An Ceann Comhairle

That is a matter that might be raised with the Whips.

Mr. Connaughton

I would like to raise it with the Taoiseach now that he is sitting in front of me.

An Ceann Comhairle

Deputy, many rulings—

Mr. Connaughton

I sincerely hope we will have an opportunity to talk about Derrybrien at some stage today.

When can we expect an announcement on the programme of decentralisation of Departments?

An Ceann Comhairle

The Deputy should submit a question to the Minister for Finance.

Mr. Connaughton

There is dead silence all around again.

Mr. Kenny

I am not sure what legislative criteria were used for the acquisition of the high cross in Offaly as against that of Lissadell House in Sligo. It seems that personality may have had an impact.

My question does not relate specifically to legislation. I met the families of the victims of the Omagh bombing in Belfast last week. The Nally report has been in the possession of the Minister for Justice, Equality and Law Reform for some time and it might be appropriate if he made a statement to the House on when it would be convenient to make its contents known. The people involved really want the truth. I understand the sensitivity of the report and that some aspects of it cannot be published. However, the Minister might make a statement in the House as soon as possible on foot of his receipt of the report and perhaps he might publish it in whatever form is deemed acceptable to let the families know what is involved.

The Taoiseach

The Government and the Minister are extremely anxious to do that. However, we have to await legal advice on the form the publication will take. As soon as we have the advice, we will conclude the matter.

Mr. Rabbitte

I want to raise a matter to do with the record of the House. Yesterday morning the Taoiseach told the House there are 12,200 gardaí in the country. On 16 October, the Minister for Justice, Equality and Law Reform told the House there are 11,908, representing an increase of 13 on the figure pertaining to 1 January. Will the Taoiseach correct this discrepancy and tell us where the additional 300 gardaí are?

The Taoiseach

If I did not do that yesterday, I certainly did so this morning. The target number, after the recruitment, is 12,200. There are 11,900 currently and when the current Templemore recruitment is completed this figure will increase to 12,200.

Mr. Rabbitte

The Taoiseach said there are 12,200.

The Taoiseach

I accept that. There are currently 11,900 and there will be 12,200 at the end of the recruitment process.

Mr. Gormley

When will No. 20a come before the House and will we get an opportunity to debate the motion?

The Taoiseach

The motion concerns troops being sent to Liberia. It will be discussed tonight at the Whips' meeting.

Mr. Crawford

When will the forestry (amendment) Bill come before the House and what Minister will take it? In light of the ongoing alcohol problems, binge drinking, etc., when will the alcohol products (control of advertising, sponsorship, marketing practices/sales promotions) Bill come before the House?

The Taoiseach

The forestry (amendment) Bill is the responsibility of the Minister for Agriculture and Food and will be introduced in late 2004. Heads of the second Bill, the alcohol products (control of advertising, sponsorship, marketing practices/sales promotions) Bill, have been approved by Government in recent months. It has been submitted for drafting and is expected early next year.

Ms O'Sullivan

Has further progress been made on the Bill to establish a register of persons considered unsafe to work with children?

The Taoiseach

There have not been any new developments since I spoke on the issue during the week before last. An interdepartmental group with representatives from the Departments of Education and Science, Health and Children and Justice, Equality and Law Reform is working on the Bill. I am told by my colleagues that they hope to have a report by the end of November.

Dr. Cowley

In view of the facts that the Government has not signed off or published the report into an all-Ireland helicopter emergency medical service, that this country, North and South, is the only member of the European Union which does not have such a service and that lives continue to be lost and disability suffered on a long-term basis, will the Taoiseach consider introducing legislation to establish a helicopter emergency medical service as a matter of urgency?

The Taoiseach

As no legislation is pending, I suggest the Deputy table a parliamentary question to the appropriate Minister.

Mr. Stanton

In view of the imminent flooding by the sea of large tracts of farmland in east Cork, when will the coastal zone management Bill come before the House?

The Taoiseach

It will be before the House during 2004.

An Ceann Comhairle

Having waited patiently, I finally call Deputy Durkan.

Mr. Durkan

I hope the wait will have been worth it. I have two brief questions. When my colleague, Deputy Allen, attempted to raise a question yesterday on electronic voting systems and their tendency to become virus infected, the Ceann Comhairle informed him that his question was not in order and the Taoiseach had no responsibility to the House in the matter.

An Ceann Comhairle

The Deputy may ask a question of the appropriate Minister.

Mr. Durkan

Who is the appropriate Minister?

An Ceann Comhairle

I understand it is the Minister for the Environment, Heritage and Local Government.

Mr. Allen

As the question related to the Dáil voting system, the answer is a matter for the House.

Mr. Durkan

Will the Ceann Comhairle answer questions when the new commission for the Houses is in place? A Minister, presumably either the Minister for Finance or the Taoiseach, must have responsibility for this matter.

An Ceann Comhairle

If the matter relates to the House, I will bring it to the attention of the Committee on Procedure and Privileges.

Mr. Durkan

My second question is an easier one which expands on the points raised by my party leader, Deputy Kenny. While the plethora of legislation proposed by the Department of Justice, Equality and Law Reform is welcome, will the Taoiseach inform the House which of the Bills, either on the Order Paper or proposed for publication between now and 2004, will address the serious issue of witness intimidation?

The Taoiseach

As I pointed out earlier, a criminal justice Bill will be taken before the Easter session. I cannot get into the contents of the Bill but it will be the next legislation on criminal justice.

Mr. Costello

I wish to ask the Taoiseach about an issue close to his heart, namely, the establishment of a statutory body to oversee the development at Grangegorman by the Dublin Institute of Technology. At what stage is the Grangegorman development agency Bill which is needed for this purpose?

The Taoiseach

The Bill is due in this session.