The Order of Business today shall be as follows: No. 12, statements on European Council, Brussels; and No. 1, Sea Pollution (Miscellaneous Provisions) Bill 2003 [Seanad] — Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 12 shall, if not previously concluded, be brought to a conclusion after 80 minutes and the following arrangements shall apply: the statements shall, if not previously concluded, be brought to a conclusion after 60 minutes and the statements of the Taoiseach and the main spokespersons from the Fine Gael Party, the Labour Party and the Technical Group shall be called upon in that order and shall not exceed 15 minutes in each case. Members may share time. Immediately following the statements, the Taoiseach shall take questions for a period not exceeding 20 minutes. Private Members’ business shall be No. 33, Motion re: Confidence in the Minister for the Environment, Heritage and Local Government.
Order of Business.
There is one proposal to put to the House. Is the proposal for dealing with No. 12, Statements on European Council, agreed ?
Allowing only one hour with 20 minutes of questions on such an important issue is insufficient. Our party spokesperson will have only five minutes' participation on this critical issue, which is moreover being considered during the Irish Presidency of the European Union. It is a matter of grave concern that we have not had a proper debate in the House on the proposed constitutional treaty for the European Union, because it affects our sovereignty and democracy in this State and in the European Union. The Government refused to tell us its position on the negotiations on the constitutional treaty. It refuses to tell us if it has agreed the defence clauses, which we contend violate Irish neutrality. For these reasons we cannot agree to such a short inadequate opportunity for statements, and a limited question and answer session to follow. Members need a substantive opportunity to address this major proposition.
The constitutional treaty, or new EU constitution as it has become known, is extremely important. It is historic. On this side of the House we have complimented the Government for its handling of the treaty and have wished it well in the negotiations. It seems a breakthrough has been made. However, we have not had the required debate on the matter in the House. The Taoiseach told us there are 20 outstanding issues. We are not clear what they are, though we can guess what some of them are. For that reason it is wrong that certain parties on this side of the House are limited in what they can say, and in the number of questions we can ask. We oppose the proposal.
Tá
- Ahern, Bertie.
- Ahern, Dermot.
- Ahern, Noel.
- Andrews, Barry.
- Ardagh, Seán.
- Blaney, Niall.
- Brady, Johnny.
- Brady, Martin.
- Brennan, Seamus.
- Callanan, Joe.
- Callely, Ivor.
- Carey, Pat.
- Carty, John.
- Cassidy, Donie.
- Cooper-Flynn, Beverley.
- Coughlan, Mary.
- Cregan, John.
- Cullen, Martin.
- Curran, John.
- Davern, Noel.
- de Valera, Síle.
- Dempsey, Noel.
- Dempsey, Tony.
- Dennehy, John.
- Devins, Jimmy.
- Ellis, John.
- Fahey, Frank.
- Finneran, Michael.
- Fitzpatrick, Dermot.
- Fleming, Seán.
- Glennon, Jim.
- Grealish, Noel.
- Hanafin, Mary.
- Haughey, Seán.
- Healy-Rae, Jackie.
- Hoctor, Máire.
- Keaveney, Cecilia.
- Kelleher, Billy.
- Kelly, Peter.
- Killeen, Tony.
- Kirk, Seamus.
- Kitt, Tom.
- Lenihan, Brian.
- Lenihan, Conor.
- McDaid, James.
- McEllistrim, Thomas.
- McGuinness, John.
- Martin, Micheál.
- Moynihan, Donal.
- Moynihan, Michael.
- Mulcahy, Michael.
- Ó Cuív, Éamon.
- Ó Fearghaíl, Seán.
- O’Connor, Charlie.
- 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.
- Wallace, Mary.
- Wright, G.V.
Níl
- Boyle, Dan.
- Connolly, Paudge.
- Ferris, Martin.
- Gormley, John.
- Healy, Seamus.
- McGrath, Finian.
- Morgan, Arthur.
- Ó Caoláin, Caoimhghín.
- Ó Snodaigh, Aengus.
- Ryan, Eamon.
- Twomey, Liam.
I thank the Taoiseach for his letter on the referendum on Irish citizenship that I received today. Deputy Rabbitte already raised the matter of the Taoiseach having informed the House that there were no proposals for a referendum on this issue. However, in March——
Does the Deputy have a question?
Some order would help, a Cheann Comhairle, so that the Deputy may be heard.
The Government, when it made its decision, authorised the Minister for Justice, Equality and Law Reform, Deputy McDowell, to consult party leaders on this sensitive matter. There has been no consultation with me by the Minister on this matter except to inform me on the corridor that the machines will cater for the referendum. I do not know if the Minister was speaking about the machines for the 11 June elections or some future date. That is not the way to do business on such a sensitive and serious matter as this. I support having this problem resolved——
The Deputy has made his point.
I have not finished my point, a Cheann Comhairle. When Deputy Gay Mitchell submitted a parliamentary question seeking information on the number of non-national births in the State, he was informed that it was not available, yet the Taoiseach and the Minister for Justice, Equality and Law Reform have it at their disposal. This is not the way to do business.
In his letter to me today, the Taoiseach stated that the Minister for Justice, Equality and Law Reform will shortly bring to the House specific proposals on the reconciliation between Articles 2 and 9 of the Constitution. Will this be before Easter? Will the Taoiseach give a specific date for this? The Taoiseach also stated in his letter that he did not believe that the All-Party Committee on the Constitution was an appropriate forum for this matter. From reading between the lines, is it the Taoiseach's intention to hold the referendum on 11 June? If that is the case, will he say so and will the Government hold proper consultations with Opposition leaders about this sensitive issue which I want resolved and one in which I would be pleased to play a constructive and positive role?
No decision has been made on this issue yet and, therefore, no referendum will be fixed until then. It was to be discussed at Cabinet today, but the Minister for Justice, Equality and Law Reform was on EU Presidency business. It will be discussed next week. The Minister is available but I understood that he discussed the matter with the Opposition spokespersons. I will relay Deputy Kenny's comments to him. Until there is agreement on the measures, it will not be decided whether the referendum will be held on 11 June. That decision will be made next week too. I will refer Deputy Kenny's comments on consultation to the Minister for Justice, Equality and Law Reform.
Does the Taoiseach not know well that the Minister sought to discuss this matter with the Opposition spokespersons at the same time as he issued a statement to the press announcing the referendum? I do not know what the pretence about mystery is because that was the discussion that took place. I do not know why we must listen to people hedging by saying the Taoiseach does not know what the Minister did. I suspect that the Taoiseach knows well what the Minister is doing and the Minister knows why the Taoiseach wants him to do it.
Is it not the case that the Government Whip has instructed that the referendum Bill be taken in the week after Easter? Will the Taoiseach deny that? Is it the case that the legislation will be brought to the House in time for a poll on 11 June in accordance with the advice of the Taoiseach's American guru? Why was the question of land, for example, side-tracked to a constitutional committee for two and a half years but the Government has suddenly discovered this issue in advance of the local and European elections?
I will repeat myself. Deputy Kenny stated that there has been no consultation with him. All I said is that I understand that there has been consultation with the spokespersons.
There was not very much consultation.
There is no going around the place on the issue. I will point that out to the Minister.
Deputy Costello is not in the Seanad now.
The Government is considering the constitutional Bill, the final proposal and the date. The date on which the Bill will be taken will not be agreed until the Government makes a decision on these matters.
Will the Bill be discussed in the week after Easter? That is the question.
We must decide next week if we agree on a Bill. At this stage, the answer to the Deputy's question is "No" because we have not agreed on it.
How come I know the answer?
Because you know everything.
We have not agreed it; that is the point.
We will see, Billy. I will lay you a wager.
Bet on it.
If we must make more time for legislation, we will do so. We must make those decisions first.
It will create the same circumstances as those that existed in Deputy Kelleher's constituency at the previous general election.
I call Deputy Gormley.
There will be Deputy Noel O'Flynns all over the place and Deputy Kelleher knows that. If the Taoiseach thinks that is a good idea, I am afraid I do not agree with him.
Deputy Rabbitte should allow Deputy Gormley, who has been called and is in order, to speak.
Given that the Minister, Deputy Cullen, has spoken about the need to fast-track the construction of incinerators throughout the country——
The Deputy did.
——including in my constituency of Dublin South-East, can I ask the Taoiseach——
This is more of the Green Party's zero nonsense.
The Minister's words were: "it will happen".
He said it will happen in Dublin South-East.
The Green Party's zero policy will not work.
It is a waste of space.
Allow Deputy Gormley to——
The Minister was quoted as saying it.
——ask a question appropriate to the Order of Business.
It would be wonderful if I were allowed to speak without being interrupted. Can I ask about the strategic national infrastructure Bill? Will the Taoiseach confirm that the Bill is being supported by the Progressive Democrats? Will the Taoiseach inform the House where the Progressive Democrat Members are today?
They are looking at sites.
They are looking for a candidate for the European election in Dublin.
They are checking the advertisements to see if anyone has replied.
The Taoiseach, on the legislation.
The Bill is being drafted.
They are on Grafton Street looking for a candidate.
It is a bit like waiting for Godot.
I understand that a dormant accounts (amendment) Bill is to be brought to the House to deal with the sizeable increase in moneys available from the dormant accounts fund. I also understand that a separate Bill will be brought forward to deal with dormant insurance accounts. Will the moneys in question be used simply as a slush fund?
The Deputy's question is not in order.
It is.
He should table a question to the Minister.
He asked about a proposed Bill.
I call Deputy Stanton.
He asked when we will see legislation.
The Deputy did not ask a question about Bills; he made a statement.
He asked a question about promised legislation
He did.
He did not ask a question.
He did.
He did not ask a question; he made a statement.
The Tánaiste informed me last week that it is not possible to say when the disability Bill will be taken in the House. What has happened to the Bill? Will the Taoiseach inform the House if anything has happened in the meantime to suggest when the Bill might be published?
Consultations are ongoing in respect of the strategic plans on the Bill. We are trying to complete it as soon as possible.
How long more must the 150,000 tenants in this country wait for legislation to protect their rights? Report Stage of the Residential Tenancies Bill 2003 has not been scheduled. Four years have passed since the report on the private rented sector was produced. When will Report Stage of the Bill be taken in the House? Will the Taoiseach assure the House that the Bill will not be guillotined?
I understand that we are ready to proceed with Report Stage of the Bill. It is a matter of scheduling adequate time for it.
Given that there has been at least one recent instance of a young wheelchair-dependent child being unable to progress in primary education because of a lack of access to an upstairs room in the child's school, when will the disability Bill be brought to the House? Will the Taoiseach affirm that the Bill will be rights-based?
The Deputy's question has just been answered.
Can the Taoiseach not answer the question?
The Taoiseach has stated publicly that it is almost impossible to meet the requirements of the EU working time directive as it applies to junior hospital doctors. How does he intend to deal with the problem? The directive must be implemented by 1 August next. Does he intend to introduce legislation to deal with the issue?
Some useful work has been done at the relevant EU Council since I made the comment to which the Deputy referred. The Minister of State, Deputy Fahey, will answer any questions asked of him in that regard.
Has the Government considered the Law Reform Commission's report on the court poor box system, which suggested that the poor box be replaced by a court charity fund? Will the Government produce legislation on foot of the report? Will the legislation be produced by the Department of Justice, Equality and Law Reform or by the Department of Community, Rural and Gaeltacht Affairs? If it is produced by the latter Department, is there not a danger that the Minister, Deputy Ó Cuív, will——
The Deputy has made his point. Is legislation promised?
I have not finished my point.
He has not made his point.
The question of which Department introduces the Bill is an important one. Will the Minister, Deputy Ó Cuív, who is already responsible for dormant accounts, also have responsibility for the new fund?
That does not arise.
It is important.
The dormant accounts (amendment) Bill and the charities Bill will be separate. The Deputy referred to the Law Reform Commission's report, which was published today.
I presume the Government has considered the report.
What will the Government do?
There was a large meeting of workers at Shannon last night. The workers want to know whether the Taoiseach approved the proposals worked out between Phil Flynn and his programme manager at Dublin Airport. When will the Bill to break up Aer Rianta be published? Will the workers have an opportunity, in advance of the publication of the Bill, to examine the financial data they have been promised by the Taoiseach? It appears that the Progressive Democrats Party is providing the policies and Fianna Fáil is providing the votes. That is the view of the workers.
The last part of the Deputy's question might be more appropriate to the Second Stage debate on the Bill.
Legislation is due after Easter. I answered the first part of the Deputy's question when I said that information will be exchanged with the workers and the unions.
With the permission of the Chair, I propose that the House send its congratulations to the former Ceann Comhairle, Mr. Seán Treacy, on the conferral on him of the freedom of the borough of Clonmel.
Deputies
Hear, hear.
As the Taoiseach did not answer the question my colleague asked, can I ask him about the whereabouts of the dormant financial assets Bill and the Government's intentions in that regard? I would also like to ask about the building control Bill and the critical infrastructure Bill, which is very important in this House at all times.
A criminal infrastructure Bill would be just as important in some cases.
I have just answered a question about the infrastructure Bill. The dormant financial assets Bill will be brought forward next year and the building control Bill will be brought forward in mid-2004.
The Taoiseach was not present the last time I asked about S.I. No. 90 of 2004, which was introduced by the Minister for Health and Children. Does the statutory instrument replace the proposed health (amendment) Bill? What is the status of S.I. No. 90 of 2004?
A new health Bill will be brought forward. If the Deputy wants me to check S.I. No. 90 of 2004, I will do so.
The Taoiseach should check his notes.
The Minister for Justice, Equality and Law Reform is fast-tracking everything on the list except the immigration and residence Bill. When will this be published and when will it come before the House?
Work on the heads of the Bill is under way. This includes consideration of submissions received as part of a public consultation process on immigration and the International Organisation for Migration study of migration legislation practice.
In view of the number of people admitted to hospital with paracetamol poisoning and the number who die of this cause, when will the Irish Medicines Board (miscellaneous provisions) Bill, which will amend the Misuse of Drugs Act 1977, come before the House?
The Bill is due this year.
The Whistleblowers Protection Bill 1999 was replaced on the Dáil Order Paper having passed Second Stage, although the Taoiseach had previously indicated he would proceed with the Bill. What is the Government's intention for this legislation?
A question was asked about legislation dealing with Aer Rianta. What is the status of the Great Southern Hotels in this context? Will they be subject to separate legislation or will they be dealt with in the same legislation?
I am not sure about the second issue. As I recall, the shares of that company are held by Aer Rianta so I assume the matter will be dealt with in the same Bill. The company is a subsidiary of Aer Rianta.
Are the hotels to be sold off? What will happen to them?
There are no proposals to sell them off. The shares are held by Aer Rianta, which is a State company.
Which of the new companies will hold them?
We cannot have a debate on the issue. The Deputy should submit a question to the appropriate Minister.
That decision will have to be made. The shares must be given to one of the companies.
The Whistleblowers Protection Bill was introduced in 1999. Considerable drafting work was done with a view to advancing the legislation. On reflection, however, it was considered that a more focused approach would be to deal with this issue through the Protection of Persons Reporting Child Abuse Act 1998 and the Competition Acts. I have asked for a report on the proposals of the Department of Enterprise, Trade and Employment and I will reply to Deputy Howlin as soon as I receive that report.