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Dáil Éireann díospóireacht -
Wednesday, 12 Nov 2003

Vol. 574 No. 2

Order of Business.

The Order of Business today shall be as follows: No. 17, motion re proposed approval by Dáil Éireann of the despatch of a contingent of the Permanent Defence Force for service with the United Nations Mission in Liberia (UNMIL); No. 4, Industrial Relations (Amendment) Bill 2003 – Order for Second Stage and Second Stage; No. 23, Aer Lingus Bill 2003 – Second Stage (Resumed); and No. 24, Education for Persons with Disabilities Bill 2003 – Second Stage (Resumed).

It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 17 shall, if not previously concluded, be brought to a conclusion after two hours and five minutes and the following arrangements shall apply: (i) the speech of the Minister for Defence 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; (ii) the speech of each other Member, who shall be called upon in the following sequence, shall not exceed ten minutes in each case: the Government, Fine Gael, the Government, the Labour Party, the Government, the Technical Group and the sequence to recommence; (iii) Members may share time; (iv) the Minister for Defence shall be called upon to make a speech in reply which shall not exceed five minutes. Private Members' Business shall be No. 35, Twenty-seventh Amendment of the Constitution (No. 2) Bill 2003 – Second Stage (Resumed), to conclude at 8.30 p.m. tonight.

There is one proposal to be put to the House. Is the proposal for dealing with No. 17 agreed to?

What time will be available for the debate on the Hanly report which was promised yesterday?

That does not arise on this proposal.

It is the only opportunity I have to raise the issue.

We are dealing exclusively with the proposal for a United Nations mission to Liberia.

I appreciate that and that is a matter we can discuss in due course. The debate was promised yesterday on the Order of Business and I ask the Ceann Comhairle if the promise is being reneged on.

It does not arise on this issue.

Hanly is not going to Liberia, or Siberia either.

The debate on No. 17 seems to be an afterthought and no more than a rubber stamp. The contingent is ready to go in seven days. It is a pity we did not have—

That is a matter that might well be discussed during the debate on the issue. We are discussing a time motion here.

This should have been before us earlier so that we could give more time to it—

Sorry, Deputy, you will have an opportunity to make a contribution on it.

—and it does not augur well for future UN missions. I presume we will support it but, in future, I ask that more time be given prior to a date being set. They already know when they are going – their bags are packed – and we are discussing it. This seems to be a rubber stamp.

Is the proposal opposed?

The Minister, Deputy Michael Smith, might get to discuss Hanly privately.

Is the proposal agreed? Agreed. I call Deputy Kenny on the Order of Business.

Two weeks ago I raised with the Taoiseach the matter of a statement to be made to the House by the Minister for Justice, Equality and Law Reform in respect of the Nally report commissioned following the Omagh bombing. At that stage the Taoiseach indicated that there were still some outstanding legal difficulties—

It will not make the slightest bit of difference.

—on sensitive matters. I am led to believe that the evidence given to the Government by the Northern Ireland Ombudsman is of a serious import and, in respect of the families of the victims of that atrocity and finding out the truth, perhaps the Taoiseach might indicate whether the outstanding legal problems have been resolved somewhat and when he might expect the Minister for Justice, Equality and Law Reform to be able to publish an edited version of the report and make a statement to the House.

The Minister is anxious to do that but he cannot do it until the legal matters are resolved. While they are not yet resolved, I know that the Attorney General's office is endeavouring to do this as quickly as possible.

Will the new arrangements by the Government Chief Whip to continue the debate on the Hanly report next week provide for both views in Government to be heard?

The Smith version, is it?

There are more than two views.

Otherwise the Opposition will not know what to support.

There are several views. There are varying views.

A Deputy

They call it the Nenagh syndrome.

Will the Taoiseach give details to the House on the debate promised yesterday on the Hanly report? It obviously requires much more time given that there is a diversity of views, within Government as well as everywhere else.

On the Garda Síochána Bill, yesterday we extended the Freedom of Information Act to cover a number of prescribed bodies. Will the Garda Síochána Bill, due in this session, be published soon so we can debate how much information the Garda Síochána is allowed to divulge?

The Taoiseach to reply on the Bill.

The Bill will be published in this session.

The food and drinks industry is worth in the region of €7 billion to the economy every year and An Bord Bia, to the best of my knowledge, has one staff member covering the United States, which has a population of about 300 million. When will the An Bord Bia Bill will be taken in the House so we can discuss this shortcoming and others?

Shortly, in this session.

The Taoiseach met representatives of disability groups during the summer and gave a commitment that the disability Bill would be published in November. Will he indicate to the House when in November the Bill will be published?

I answered this question yesterday but I will do so again. A large number of people across a range of Departments and agencies are working to try to complete this Bill. They have worked weekends and have put in a huge effort, both in consultation with the groups and in trying to complete the legislation. It is not an easy Bill, but they are endeavouring to complete it. They hope to do so this month, but I want to get it right. We will try to publish it as soon as possible.

It is quite a complex Bill involving a large number of individuals and concerns more than one Department. The frameworks cover many different issues in environment, employment equality and health. Those involved are endeavouring to complete the legislation as quickly as possible.

I call Deputy Ó Snodaigh.

Has St. Patrick's Day arrived early?

Is Deputy Callely's digital watch wrong?

I thank the Deputy.

Allow Deputy Ó Snodaigh, without interruption please.

With the Government's announcement of the closure of two prisons, the designating of two others to be run by some new management service and the need to close several other prisons, will the Government urgently introduce the prison service Bill and will that address the need for urgent reform, not just the Minister's pet programmes?

The Taoiseach on the prison service Bill.

Work is continuing on that Bill. It is to provide a statutory basis for an independent prison service and related matters. I do not have a date for its publication.

There is one important piece of legislation which should be published as a matter of urgency to accommodate the ambidextrous approach of various Departments to the issues facing the country. For example, the Minister for Health and Children has been playing with smoke and mirrors, the Minister for Education and Science is reforming education and keeping the children of the country—

To what legislation were you referring?

I am coming to it. There is an appropriate piece of legislation and you will agree with me on this, a Cheann Comhairle.

I do not think the Deputy would be able for it.

With the Minister for Justice, Equality and Law Reform proposing to close the prisons and at the same time deal with the crime problem, and the ambidextrous approach to the Hanly issue, I think the publication of the Grangegorman development Bill is needed urgently.

The Deputy will get his way. It will be published this session.

I call Deputy Gilmore.

There is still room in it for Deputy Durkan.

And anyone mixed up with it in the same room.

Deputy Gilmore without interruption, please.

I want to raise two matters. Second Stage of the Residential Tenancies Bill, which took the Government three years to prepare, began late one night before the summer recess and resumed for a short time after the summer. It has appeared a number of weeks as back-up and has not appeared this week. Is the Government still proceeding with that Bill? If so, when will the remainder of Second Stage be taken in the House?

The Minister for the Environment, Heritage and Local Government will be required to bring regulations before the Dáil between now and the local elections arising from the Electoral Act and the Local Government Act, to provide for a date for the local elections, the hours of polling and various matters relating to the conduct of those elections. I understand that the same Minister has been appointed to take charge of the Fianna Fáil campaign for the same elections. Is the Taoiseach serious that the rules of the next local elections will be written by the person who has been given charge of the Fianna Fáil campaign for the same elections? Would that be tolerated in another democracy?

It is a "hands on" approach.

It is a two-handed approach.

We are anxious to complete Second Stage of the Residential Tenancies Bill. It has been on back-up for some time and we would like to get the Bill cleared.

On the other matter, the Minister for the Environment, Heritage and Local Government will bring forward the regulations.

I call Deputy Joe Higgins.

The Minister is the Fianna Fáil director of elections.

Allow Deputy Higgins speak without interruption.

On No. 38 on the list of legislation, there was another vicious murder in Blanchardstown last night. While dangerous people are obviously on the loose, seven decent taxpayers languish in prison for peaceful protest against Government policy.

Sorry, Deputy, we will have to move on to Deputy Coveney.

No, a Cheann Comhairle, I am asking about No. 38 on the list. I am talking about the criminal justice—

What legislation?

—system being stood on its head by this Government.

Sorry, Deputy. Your contribution would be more appropriate to when the Bill comes before the House.

Under the criminal justice Bill, will the Taoiseach address—

To what legislation are you referring?

The criminal justice Bill.

The Taoiseach on the criminal justice Bill.

Will the Taoiseach address the issue of the Government turning the criminal justice system on its head, with decent people in prison for peaceful protest and criminals wandering the country at large?

You have made your point. The Taoiseach, on the legislation.

They are in jail for contempt of court.

A Cheann Comhairle, a person has been arrested for the act the Member has raised. I do not want to say anything more about that. The criminal justice Bill will be published in the next session.

The Deputy is misleading the House.

I had the pleasure of visiting Donegal North-East last Friday and met many people involved in the aquaculture and shellfish industry on Lough Foyle. The Government has promised to introduce a new licensing system for that piece of water which will be administered by us and the Northern Irish authorities. It is a matter of some urgency for the industry and it is anxious to know when the Government is likely to publish the Bill. I refer to No. 28 on the list of legislation, namely, the Foyle, Carlingford and fisheries Bill.

The Minister has just reminded me that the legislation has been delayed because of the situation in Northern Ireland and cannot be dealt with until a working administration is returned to office. However, the Minister is ready to move on it as soon as that matter is resolved.

In light of the degree of lawlessness abroad, the number of gangland type killings, the number of firearms available, the activities of drug barons and the Minister's commitment to introduce relevant legislation, when is it intended to provide for the registration of convicted drug dealers with the Garda which is promised in the forthcoming drug offenders Bill?

On the drug offenders Bill, work is at a preliminary stage in respect of providing registration for convicted drug dealers. I do not have a date regarding the introduction of the legislation.

No. 101 on the legislative programme involves providing for the establishment of a public service broker and the sharing of information between State agencies. I thought this was already happening informally within the Government. What is the current status of the public service broker Bill?

Work is continuing on that legislation, which is due to be introduced next year. The heads of the Bill are expected early in 2004.

Will the Taoiseach clarify the position regarding the announcement he made yesterday in respect of the abandonment of the secondary legislation relating to health and safety which was published by the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Fahey? There has been a long-standing promise that the health and safety Act would be amended to provide better safety regulations for vulnerable people on building sites and in places of employment. Will there be two separate items of legislation or is it envisaged that the ability to provide for anti-smoking regulations will be incorporated in the original health and safety legislation that was promulgated in this House? If such incorporation takes place, will it delay the amendment of the Health and Safety Act?

No. Work on amending the Safety, Health and Welfare at Work Act 1989 is well advanced. Rather than bringing in a statutory instrument or regulation, we will be including the matter to which the Deputy refers in the primary legislation.

When will it be forthcoming?

As soon as possible. The Minister's work on this is well advanced and I believe he stated that the legislation will be published in the new year.

I did not think that I was going to be called. I had my hand up earlier but it was not noticed.

The Deputy's colleagues got in ahead of him.

When is it proposed to introduce the electricity Bill, which is aimed at converting the ESB into a plc under the Companies Act? From what I have heard in recent weeks, it appears that the ESB is engaged in a public relations exercise and is already headed down that road. Would it be possible to discuss the subsidiary of the company that is involved in the development of wind farms?

The Taoiseach, on promised legislation.

The heads of the Bill have been completed and it is due to be published early in 2004.

A number of items relating to health that were on the legislative programme are, according to the Taoiseach, to be subsumed into new legislation that will be drafted on foot of the publication of the three reports. The Taoiseach promised that he would supply information in respect of the legislation programme that now arises in the area of health but this has not been forthcoming. Will he indicate what has happened to the health (complaints) Bill, which is no longer proceeding but which will be introduced in some new form? What is the plan in respect of the new legislation, particularly in light of the dissension in the Cabinet about the Hanly report? Will the two items of legislation that are supposed to appear on foot of that report actually appear or will they be shelved?

As stated previously, an examination has been undertaken to see if it would be possible to incorporate the provisions of the health (complaints) Bill into the reform programme. If the Deputy tables a question to the Minister about that matter he will provide details with regard to the current position.

The Taoiseach has not answered the question.

We must move on to the next business.

On a point of order, I asked the Taoiseach about legislation promised on the legislative programme, but he has not indicated what is happening to legislation that is due to come before the House. The answer he gave is grossly inadequate and it is similar to the answer he provided some time ago.

The Chair has no control over the answers.

What is the position regarding health legislation which was promised but which has now stalled? What will happen to it?

I answered the Deputy's question. I stated that some parts of the legislation are being considered to see if they can be incorporated in the reform legislation that the Minister has announced. He referred to this legislation yesterday in the House and he will bring it forward in due course. Further queries about the progress of the Minister's plans should be included in a parliamentary question to him.

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