The Order of Business shall be as follows: No. 9a. — An Bord Bia (Amendment) Bill 2003 [ Seanad] — Instruction to Committee; No. 1, Air Navigation and Transport (International Conventions) Bill 2004 [Seanad] — Second Stage (resumed); and No. 14, Public Service Superannuation (Miscellaneous Provisions) Bill 2004 [Seanad] — Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders that No. 9a shall be decided without debate; the proceedings on the resumed Second Stage of No. 1 shall, if not previously concluded, be brought to a conclusion at 1.30 p.m.; the Report and Final Stages of No. 14 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 7 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 Finance; and Private Members’ business shall be No. 34, motion re social welfare cutbacks.
Order of Business.
There are three proposals to be put to the House. Is the proposal for dealing with No. 9a. without debate agreed?
I am not opposed to the principle of what is involved here. The purpose of the An Bord Bia (Amendment) Bill 2003 is to merge Bord Glas and Bord Bia for the overall benefit of the horticulture sector, including the potato sector. This is required for the matter to be discussed at a committee which meets tomorrow. However, it calls into account the labelling of foodstuffs. While I understand, accept and have no problem with what is proposed, the methodology of doing it this way is not satisfactory. I wish to register a protest about this. There should be an arrangement between the Whips to make Government time available for a proper discussion on the labelling of foodstuffs, including this area. I protest but I do not oppose the principle of what is involved.
I am familiar with many of the difficulties facing potato farmers at present. This manner of bringing proposals so late into the proceedings of the An Bord Bia (Amendment) Bill is not acceptable. The item will probably not be reached, given the amount of time allotted to it. I ask the Government to look again at this matter if it wishes to be of assistance to potato growers. There are better ways of dealing with this issue. It is meaningless to introduce this measure so late in the passage of the Bill because the House will not have time to deal with it. I object to this manner of proceeding with the business.
The Bill allows for the amalgamation of the two bodies. The purpose of dealing with the matter in this way is to give enhanced labelling information to consumers. It is more desirable that it be done through this Bill and in this form, rather than through separate legislation. It is more appropriate to have the discussion in the select committee rather than on the floor of the House.
Is the proposal agreed? Agreed. Is the proposal for dealing with No. 1 agreed?
In line with previous comments made by Opposition speakers, I am opposed to the debates on these Bills being guillotined. Accordingly, I oppose the proposal on those grounds.
The reason for a guillotine in this case has not been explained. There is no justification for it. There has been a good debate on this Stage of the Bill and I believe it would conclude in the time allowed. The Government is insistent that the debate be curtailed. This creates a dynamic of its own because speaking slots are sometimes filled artificially when a guillotine is imposed. I appeal to the Government to look again at the practice of applying guillotines to Bills on a constant basis.
The Government has some explaining to do on this matter. It appears that a guillotine has been applied as a knee-jerk response to parliamentary activity. The experience of the debate on this Bill shows that there is no need for a guillotine. Contributions have been relatively short. As Deputy Stagg has said, the imposition of a guillotine may prolong the debate rather than save time. The Government has not thought this matter through. I oppose the guillotine because it does not appear to be necessary.
I also object to the application of the guillotine to the debate on second state of the Air Navigation and Transport (International Conventions) Bill.
The Deputy might use it as a weapon.
There will be a subsequent proposition to guillotine the Order for Report and Report and Final Stages of the Public Service Superannuation (Miscellaneous Provisions) Bill at 7 o'clock this evening. Neither of these two Bills is deserving of this approach. Where there is a reasonable explanation for expediting matters I am open to accepting a guillotine but in these cases there is none that we have heard which justifies the application of a guillotine. I am making my contribution with regard to No. 14 at this stage so as not to have to repeat it. I object to both propositions.
This measure will ratify an international convention which has come into force. It must be done before the enlargement of the European Union on 1 May. I understand there is unanimity in the House with regard to the convention. If parties opposite agree to finish the matter by 1.30 p.m. we do not need to proceed with the guillotine. However, the convention must be ratified by 1 May. It deals with increasing levels of compensation for those injured by airlines and payments to the next-of-kin in the event of death as a result of airline accidents. If Deputies commit to finishing the debate by 1.30 p.m. we need not guillotine it.
Is the Tánaiste agreeing to lift the guillotine?
With the goodwill of the House, I am.
Is the proposal agreed? Agreed. Is the proposal for dealing with Report and Final Stages of the Public Service Superannuation (Miscellaneous Provisions) Bill agreed?
Will the Tánaiste similarly reconsider the Government's position on this Bill? The Bill will curtail the pension rights of new entrants to the teaching profession and the public service. More than 20 amendments have been tabled but less than two hours has been allotted for discussion. This is an important Bill and I ask the Government to give more time to debate it. It is wrong that this important change in public servants' pension rights should be guillotined after such a short debate.
Like Deputy Burton, I ask that consideration be given to extending Report Stage of this Bill, not least because the 22nd of the 22 amendments is in my name — it is the only amendment I have tabled on Report Stage. I am not a member of the Select Committee on Finance and the Public Service. We regularly see truncated Report Stages which do not allow Members of the House who are not members of the relevant select committee to contribute to the passage of a Bill. By placing a guillotine of this type on an important Bill the Government is preventing Members of the House from doing their job effectively.
I am not in a position to accede to the Members' request. This Bill must be introduced by 1 April. Assuming the Air Navigation and Transport (International Conventions) Bill finishes early there will be adequate time to discuss the amendments.
Tá
- Ahern, Dermot.
- Ahern, Noel.
- Andrews, Barry.
- Ardagh, Seán.
- Aylward, Liam.
- Blaney, Niall.
- Brady, Johnny.
- Brady, Martin.
- Brennan, Seamus.
- Browne, John.
- Callanan, Joe.
- Carey, Pat.
- Carty, John.
- Cassidy, Donie.
- Coughlan, Mary.
- Cregan, John.
- Cullen, Martin.
- Curran, John.
- Davern, Noel.
- Dempsey, Noel.
- Dempsey, Tony.
- Dennehy, John.
- Devins, Jimmy.
- Ellis, John.
- Finneran, Michael.
- Fitzpatrick, Dermot.
- Fleming, Seán.
- Grealish, Noel.
- Hanafin, Mary.
- Harney, Mary.
- Haughey, Seán.
- Hoctor, Máire.
- Jacob, Joe.
- Kelleher, Billy.
- Kelly, Peter.
- Killeen, Tony.
- Kirk, Seamus.
- Kitt, Tom.
- Lenihan, Brian.
- Lenihan, Conor.
- McCreevy, Charlie.
- McDaid, James.
- McDowell, Michael.
- McEllistrim, Thomas.
- McGuinness, John.
- Moloney, John.
- Moynihan, Donal.
- Moynihan, Michael.
- Nolan, M. J.
- Ó Cuív, Éamon.
- O’Connor, Charlie.
- O’Dea, Willie.
- O’Donnell, Liz.
- O’Donoghue, John.
- O’Donovan, Denis.
- O’Keeffe, Batt.
- O’Keeffe, Ned.
- O’Malley, Fiona.
- O’Malley, Tim.
- Parlon, Tom.
- Power, Peter.
- Power, Seán.
- Ryan, Eoin.
- Sexton, Mae.
- Smith, Brendan.
- Smith, Michael.
- Treacy, Noel.
- Wallace, Dan.
- Walsh, Joe.
- Wilkinson, Ollie.
- Woods, Michael.
- Wright, G. V.
Níl
- Allen, Bernard.
- Boyle, Dan.
- Broughan, Thomas P.
- Bruton, Richard.
- Burton, Joan.
- Connolly, Paudge.
- Costello, Joe.
- Cowley, Jerry.
- Crawford, Seymour.
- Crowe, Seán.
- Cuffe, Ciarán.
- Deasy, John.
- Deenihan, Jimmy.
- Durkan, Bernard J.
- English, Damien.
- Enright, Olwyn.
- Ferris, Martin.
- Gilmore, Eamon.
- Gogarty, Paul.
- Harkin, Marian.
- Hayes, Tom.
- Healy, Seamus.
- Higgins, Joe.
- Higgins, Michael D.
- Hogan, Phil.
- Howlin, Brendan.
- Kenny, Enda.
- Lynch, Kathleen.
- McCormack, Padraic.
- McGinley, Dinny.
- McGrath, Finian.
- McHugh, Paddy.
- McManus, Liz.
- Mitchell, Olivia.
- Morgan, Arthur.
- Moynihan-Cronin, Breeda.
- Murphy, Gerard.
- Naughten, Denis.
- Neville, Dan.
- Noonan, Michael.
- Ó Caoláin, Caoimhghín.
- Ó Snodaigh, Aengus.
- O’Dowd, Fergus.
- O’Sullivan, Jan.
- Pattison, Seamus.
- Penrose, Willie.
- Perry, John.
- Rabbitte, Pat.
- Ring, Michael.
- Ryan, Eamon.
- Ryan, Seán.
- Sargent, Trevor.
- Sherlock, Joe.
- Shortall, Róisín.
- Stagg, Emmet.
- Stanton, David.
- Timmins, Billy.
- Upton, Mary.
- Wall, Jack.
The Minister for the Environment, Heritage and Local Government recently published guidelines for consultative purposes in respect of one-off rural housing. These guidelines are now being discussed in various councils.
From Clare to here.
Yesterday, we witnessed the start of the backlash. There was a revolt in County Clare against the new restrictions being imposed as a result of the guidelines. Will the Minister for the Environment, Heritage and Local Government bring forward final recommendations following the consultative process and will these recommendations be implemented by ministerial regulation?
I understand from the Minister that these are draft regulations and they will be finalised after 30 April. People have until that date to make submissions and put forward their views on the draft regulations.
Following the publication of the final recommendations, will they be implemented by ministerial regulation?
Yes.
Has the text of the amendment for the proposed constitutional referendum on citizenship been agreed by Cabinet? When is it proposed to publish it? Will the accompanying legislation be published simultaneously?
The matter has not been finalised by the Cabinet but the intention is that the accompanying legislation would be published simultaneously.
It is odd that, in the list of promised legislation, the foreshore Bill is in the "not possible to indicate" category, given the number of harbours that are now on the market for sale to the private sector. Is it not important to establish the exact status of the foreshore?
Has the Deputy a question on the legislation?
The legislation is the question. It is unsatisfactory that it is not possible to indicate when it will be published. Will the Tánaiste give us further information in light of the urgency of the legislation?
No.
Is it off the agenda?
It is not off the agenda. It is not possible to say when the legislation will be ready.
Will the disability Bill be published before Easter?
That Bill has not yet been finalised. There was a further discussion on the matter at yesterday's Cabinet meeting. More text needs to be drafted, so I am not in a position to say when it will be published.
In reply to a question yesterday, the Tánaiste said that the health Bill will be introduced this year. SI 90 of 2004 appears to supersede any plans to amend the Health Act to change the health boards by introducing an interim executive. Will the Tánaiste explain this? If the health amendment Bill is being introduced, why use the statutory instrument at this time?
I am not clear what the question means. The health amendment legislation will provide a statutory basis for the Government's health reform programme which, among other things, includes the abolition——
It is not. It is to remove elected members from the health boards.
Yes, it is to reform the health boards.
It is not health reform.
That is part of health reform.
Tell that to the lads.
There might be some people unhappy with the reform of the health boards but it is essential for reforming the health services.
May I have an explanation of the content of SI 90 of 2004 which appears to set up the executive for the replacement of health boards? It is an interim measure but it will be implemented if it is adopted in advance of legislation.
I will ask the Minister for Health and Children to communicate with the Deputy about the mechanics of this matter. The Health Services Executive Agency has been established on an interim basis. The legislation which was referred to yesterday will be published later this year. It will reform the structures of the health boards and the administration of health services generally. It is an essential part of the Government's health reform package. I am not familiar with the technicalities of the statutory instrument. I will have somebody contact the Deputy.
Has the document any status before the amending legislation is introduced?
If it is a statutory instrument, it must have status.
There is growing concern about the abuse of alcohol both in public and, what we do not see, behind the closed doors of many sad and tragic homes. When will the alcohol products (control of advertising, sponsorship and marketing practices/sales promotions) Bill be brought before the House? It is indicated for mid-2004 but can the Tánaiste be more specific?
I cannot be more specific but I assume mid-2004 means June of this year.
I have two questions: one for the Ceann Comhairle and the other for the Tánaiste. I seek advice from the Ceann Comhairle and I wish to be pleasant in doing so.
The best way to ask the Ceann Comhairle for advice is to call to the Ceann Comhairle's office. The Ceann Comhairle does not discuss advice on the floor of the House.
Yesterday, I tabled a simple parliamentary question to the Minister for Agriculture and Food asking what officials travelled to see the landslide in north Mayo. I have tabled two such questions but cannot get an answer. Despite tabling such a question yesterday about the landslide, the media were able to ring all the local radio stations to inform them——
The Deputy has made his point. What is his second question?
It is obviously not a secret.
The Deputy is out of order. He is long enough a Member of the House to know the way to raise matters.
It is in the public arena.
I will deal with Deputy Durkan if he is not quiet.
Why were my questions not answered? I want to be respectful to the House but it must be respectful to us as well.
The Deputy is out of order.
I am not out of order. I tabled a question yesterday and the answer was given to the media this morning, even though it was my question.
The Deputy is out of order.
I have asked a question but I have not received an answer. That is the trouble with this House. It is all questions and no answers.
On a point of order——
I will hear Deputy Durkan on a point of order.
This issue has been raised regularly in the House in the past two years. Questions are legitimately tabled to a Minister by a Deputy. The Minister refuses, by one means or another, to answer the question but then makes the information available to the public through the media. That is an abuse of privilege and of the House.
It is dictatorship.
It is transparency.
The Minister knows nothing about it. I call it gangsterism.
The party Whip has the facility, through the Committee on Procedures and Privileges, to raise matters with which he is unhappy.
I have raised it at that forum.
It is not a matter for the Order of Business. I call Deputy Allen on a matter appropriate to the Order of Business.
Will the electoral Bill be published tomorrow, Friday or at the weekend? When will it be taken in the House?
I dealt with that matter yesterday. It will be published this week. I do not know which day.
I suppose it will be Friday when the House is closed.
Amending legislation in respect of the Diplomatic Relations and Immunities Act 1967, as amended in 1976, was promised in the Government's programme. Given that the legislation is to amend a constitutional difficulty, can the Tánaiste give a date for its publication?
I am afraid it is not possible to indicate that at this stage.
Given that the legislation is described in the legislative programme as responding to a constitutional difficulty with the original legislation, is it proposed to address that constitutional difficulty in the lifetime of the Government?
I would have to check with the relevant Minister. I am not in a position to say. The purpose of the Bill is to address a constitutional difficulty, according to my note, which also states that it is not possible to indicate when we will have it. I will have to inquire and have somebody contact the Deputy.
Given the continued uncertainty as to whether there will be a disability Bill and what type of Bill it will be, let me ask about linked legislation which is also included on the Government's list of priority legislation on changing the remit of Comhairle, an organisation that deals with information giving and support services for people with disabilities. Will the Comhairle (amendment) Bill be introduced before the start of the next session?
That Bill will be published soon. It has been cleared by the Government.
In view of the presence of the Minister for Transport in the House, when is it expected that a decision will be made on whether the height of the port tunnel will be increased? It seems——
That is more appropriate for a question to the Minister for Transport. It is not a matter for the Tánaiste on the Order of Business.
The Minister is here. He has transmitted the information to the Tánaiste and she wants to answer.
I cannot allow a situation where Members ask the Tánaiste questions that are obviously more appropriate to a Minister. We would be here all day and Deputies have already complained about insufficient time.
I would ask the Tánaiste to answer the question. The Chair is being very restrictive.
The Chair has been more than liberal.
May we have an answer in respect of the critical infrastructure Bill?
The Deputy may have an answer on the Bill, not what might be in the Bill.
I dealt with that yesterday. The Minister for the Environment, Heritage and Local Government will bring proposals to Cabinet shortly. Technical information is awaited on the port tunnel.
The Ceann Comhairle was about to cause acrimony and disharmony in the House.
The Chair might have to take action against the Tánaiste for being out of order.
The Chair would not do it.
Given that hundreds of our best dairy farmers are selling their cows because they cannot make a living, yet social welfare officers and community welfare officers are saying that up to €1,800 per cow clear profit can be made, when can time be given in this House to discuss whether there is any future for agriculture, our most important industry?
I apologise to the Chair if I was out of order. On Deputy Crawford's question, that is obviously a matter for the Whips.
It is nearly four years since the Commission on the Private Rented Residential Sector recommended basic legal rights for the country's 150,000 tenants. The Residential Tenancies Bill 2003 completed Committee Stage on 18 February. I have three questions to ask the Tánaiste about it. First, when will Report Stage be taken in the House? Second, will the Tánaiste give us an assurance that Report Stage of that long-awaited Bill will take precedence over all other legislation emanating from the Department of the Environment, Heritage and Local Government? Third, will she give us an assurance that, as a number of critical issues were to be addressed on Report Stage, it will not be guillotined?
I cannot give a commitment that it will be taken before any other legislation from that Department.
Why not? We have been waiting four years for this.
The electronic voting Bill will have to be taken.
Deputy Gilmore, we cannot have a debate on the matter. Allow the Tánaiste to continue.
Tenants have been waiting a long time for this legislation and will wait no longer.
It is a matter for the Whips and the House to decide when to take Report Stage.
What is the status of the disability Bill? Is it being put on the back burner until after the local elections?
I answered that question.
The Tánaiste answered in respect of the Comhairle Bill.
I answered in respect of the disability Bill as well. The Deputy may not have been in the House. I know she is not being discourteous. The disability Bill was discussed by the Cabinet yesterday. Further amendments need be made to the Bill and further drafting measures need to be dealt with. I am not in a position to say when exactly it will be published.
How long will it take?
I do not know, but it will be published as soon as possible. It is a priority.
Are there any plans to introduce legislation to allow health boards to purchase their own property rather than renting property on an ongoing basis, entering into long-term rental contracts, spending millions and having nothing to show for it at the end of each year?
There is no legislation promised in that area.
In view of the commitment given two years ago to transfer the lands at Grangegorman from the health authorities to the Dublin Institute of Technology, and commitments given in this, the last and previous sessions that the Grangegorman Agency Bill would be published, could the Tánaiste give us any idea when it will be published, now that we are approaching the end of this session?
It is intended to publish the Bill this session.
Will the Tánaiste confirm that it is not now possible to extend penalty points to drivers using mobile telephones because of legal difficulties and that new legislation will be required? In that regard what are the plans to introduce a new road traffic Bill?
The Deputy is correct in saying that primary legislation is required. That legislation will be published before the summer.
Yesterday the Tánaiste gave me an undertaking to come back to me regarding the delay in dealing with Report Stage of the Education for Persons with Disabilities Bill. Given the questions raised this morning about the disabilities Bill, will the Government give an undertaking that it is not delaying its completion of the Education for Persons with Disabilities Bill in a way that might further delay the disabilities Bill? It seems there is undue delay regarding the disabilities Bill. In some quarters we are being told that is because the Government is waiting for the other Bill to be completed. Can we have an assurance that the disabilities Bill will not be held up by the delay regarding the Education for Persons with Disabilities Bill?
The Deputy may have that assurance. Regarding the Education for Persons with Disabilities Bill, we are awaiting an amendment from the Department of Education and Science. That Bill will be taken as quickly as possible.
Will it hold up the other Bill?
No.