Order of Business.

The Taoiseach

The Order of Business today shall be as follows: No. 8, Public Service Management (Recruitment and Appointments) Bill 2003 — Financial Resolution; No. 13, Air Navigation and Transport (International Conventions) Bill 2004 [Seanad] — Order for Report, Report and Final Stages, to adjourn at 7 p.m., if not previously concluded; No. 14, Electoral (Amendment) Bill 2004 — Second Stage (resumed).

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 10 p.m.; No. 8 shall be decided without debate; and Private Members' business shall be No. 35, Motion re Paramilitary Activities.

An Ceann Comhairle

There are two proposals before the House. Is the proposal for the late sitting agreed to? Agreed. Is the proposal for dealing with No. 8 without debate agreed to?

Ms Burton

The financial resolution in question will, for the first time, vest in the Minister for Finance and the new recruitment process the power to charge fees to people who apply for public service jobs. This provision was not made known in the course of debate to date on the Public Service Management (Recruitment and Appointments) Bill. The resolution provides for the introduction of another form of stealth tax.

As Committee Stage of the Bill will not be debated until tomorrow in the Committee on Finance and the Public Service, there has not been an opportunity to discuss this proposal or obtain information about the level and range of fees the Government clearly intends to introduce. The introduction of this measure without debate is, therefore, inappropriate.

Charging fees to make public service job applications is a major change. What will be the effect on poorer people or young people from disadvantaged backgrounds who apply for Civil Service jobs? We do not know the range of the proposed fees, which amount to another stealth tax, and the House will not have an opportunity to debate the matter.

An Ceann Comhairle

I understand the proposal is in the Bill.

Ms Burton

Will the Taoiseach defer the financial resolution until the Committee on Finance and the Public Service has had an opportunity to hear the Government's proposals from the Minister?

An Ceann Comhairle

This is a technical motion to approve the charges already provided for in the Bill.

Ms Burton

They are not provided for in the Bill.

Mr. Howlin

They have not been enacted yet.

Ms Burton

We are only beginning Committee Stage tomorrow. We have a serious objection to this stealth tax which will mitigate against disadvantaged people.

Mr. M. Higgins

It is a socially-divisive tax which will affect thousands of people.

An Ceann Comhairle

Allow the Taoiseach to speak without interruption.

The Taoiseach

I would like to answer Deputy Burton's question. She asked that we allow a debate on the issue. It is a requirement that the resolution before the House is passed so it can be discussed tomorrow. That is what we are asking the House to do.

Mr. M. Higgins

That is anticipating a decision on Committee Stage.

Question put: "That the proposal for dealing with No. 8 be agreed."

The Dáil divided: Tá, 66; Níl, 49.

Tá

Ahern, Bertie.
Ahern, Dermot.
Ahern, Michael.
Ahern, Noel.
Andrews, Barry.
Aylward, Liam.
Blaney, Niall.
Brady, Johnny.
Brady, Martin.
Browne, John.
Callanan, Joe.
Callely, Ivor.
Carey, Pat.
Cassidy, Donie.
Cooper-Flynn, Beverley.
Coughlan, Mary.
Cregan, John.
Curran, John.
Davern, Noel.
de Valera, Síle.
Dempsey, Tony.
Dennehy, John.
Devins, Jimmy.
Ellis, John.
Fahey, Frank.
Finneran, Michael.
Fitzpatrick, Dermot.
Fleming, Seán.
Fox, Mildred.
Glennon, Jim.
Grealish, Noel.
Hanafin, Mary.
Haughey, Seán.
Healy-Rae, Jackie.
Keaveney, Cecilia.
Kelleher, Billy.
Kelly, Peter.
Kirk, Seamus.
Lenihan, Brian.
Lenihan, Conor.
McCreevy, Charlie.
McDowell, Michael.
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’Malley, Tim.
Parlon, Tom.
Power, Peter.
Power, Seán.
Ryan, Eoin.
Sexton, Mae.
Smith, Brendan.
Wallace, Dan.
Walsh, Joe.
Wilkinson, Ollie.
Woods, Michael.
Wright, G.V.

Níl

Allen, Bernard.
Boyle, Dan.
Broughan, Thomas P.
Bruton, John.
Bruton, Richard.
Burton, Joan.
Connaughton, Paul.
Connolly, Paudge.
Costello, Joe.
Cowley, Jerry.
Crawford, Seymour.
Cuffe, Ciarán.
Durkan, Bernard J.
English, Damien.
Enright, Olwyn.
Gilmore, Eamon.
Harkin, Marian.
Higgins, Joe.
Higgins, Michael D.
Hogan, Phil.
Howlin, Brendan.
Kehoe, Paul.
Kenny, Enda.
McCormack, Padraic.
McGinley, Dinny.
McGrath, Paul.
McManus, Liz.
Mitchell, Gay.
Morgan, Arthur.
Naughten, Denis.
Neville, Dan.
Ó Caoláin, Caoimhghín.
Ó Snodaigh, Aengus.
O’Dowd, Fergus.
O’Keeffe, Jim.
O’Sullivan, Jan.
Pattison, Seamus.
Penrose, Willie.
Rabbitte, Pat.
Ryan, Eamon.
Ryan, Seán.
Sargent, Trevor.
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.

Mr. Kenny

When can we expect to see legislation before the House on the gun amnesty? When will we see legislation dealing with the successor to the health boards. It appears that health board staff are confused about who their employer will be on 1 July given that the Minister for Health and Children will assume responsibility for the acquisition and legal disposal of assets held by health boards. Will this be addressed before the changeover date?

The Taoiseach

As I said earlier, the criminal justice Bill will be published either during or just after the Easter recess. I do not know if it will contain the proposal referred to but the Minister will make the final decisions on it.

The health board legislation has been cleared by the Government and will be circulated within days, probably next week.

Mr. Rabbitte

Does the Taoiseach agree with the Minister of State, Deputy O'Dea, or know if he was speaking for the Government when he said it was desirable that the referendum on citizenship be decoupled from an election environment? When will the relevant Bill be published and when is it likely to come before the House?

An Ceann Comhairle

The Taoiseach should reply on legislation.

The Taoiseach

The legislation will be published within the next few days.

Mr. Stagg

My party leader asked a specific question on when the legislation will come before the House.

The Taoiseach

That will have to be discussed with the Whips but the Government would like to see it before the House at an early date.

Mr. Sargent

The Bill we are being asked about most frequently is the disability Bill, which is on the pink pages. Will it be rights-based? Will the Taoiseach indicate on what date it will be published?

I know the Taoiseach is asked about the prison services Bill regularly, but he might have news on it. Is this not a case of the cart coming before the horse in light of the announcements on prisons? Should we not have legislation before we have announcements on changes to our prison infrastructure? Likewise, will the critical infrastructure (Dublin metro) Bill will be preceded by an announcement on the metro?

An Ceann Comhairle

It is not necessary to make any comments on the Bills.

Mr. Sargent

I have three questions.

Ms O’Sullivan

My point is on the same subject raised by Deputy Sargent. I want further clarification on whether the delay in taking Report Stage of the Education for Persons with Disabilities Bill is in some way an attempt to delay the disability Bill? At one stage the Minister for Education and Science said——

An Ceann Comhairle

That does not arise at this stage. I suggest that the Deputy submit a question to the Minister.

Ms O’Sullivan

——he would complete the Education for Persons with Disabilities Bill before taking the disability Bill. Will the Taoiseach clarify that he will not wait for one to be passed before he publishes the other?

The Taoiseach

The answer to that question is: "Definitely not". We are trying to pass the Education for Persons with Disabilities Bill as soon as we can.

On the prison services Bill, it is not possible to——

Mr. Sargent

What about the disability Bill?

An Ceann Comhairle

Allow the Taoiseach to answer the questions, please.

The Taoiseach

The Deputy asked me about the prison services Bill.

Mr. Sargent

The Taoiseach should address the disability Bill first.

An Ceann Comhairle

It does not matter what order they are taken in once the Deputy's questions are answered.

Mr. Boyle

We are helping the Taoiseach with his recall.

The Taoiseach

It is very good, actually. It is hoped that we can complete the disability Bill as soon as possible. As I said previously, there has been a great deal of discussion on the Bill. Almost 50 officials from Departments and the Office of the Attorney General have been trying to deal with it. The comhairle (amendment) Bill and the sectoral proposals must also be considered. On the basis of many of the comments we received, there is still some work to be done on the disability Bill even though we have done considerable work on it. It has nothing to do with the Education for Persons with Disabilities Bill.

It is not possible at this stage to indicate the date on which the prison services Bill will be published.

Mr. Crawford

In light of the need to build extra prisons, is any effort being made to introduce the fines Bill which will prevent people being put in jail who do not necessarily need to be put there?

Earlier today, we met the Immigrant Council of Ireland, which was established by this House and to be funded by the State, yet no funds are now being made available to it. In light of that, when will the immigration and residence Bill come before the House so we can have a full discussion on the funding of that organisation?

The Taoiseach

The draft scheme of the fines Bill to provide for updating legislation on fines and related matters was circulated to various Departments and views have been received and are being examined. Work on the heads of the immigration and residence Bill is ongoing but has been delayed by work on other immigration legislation matters and this includes consideration of submissions received as part of the public consultation process on immigration and the International Organisation for Migrant study of migrant legislation and practice.

Mr. Costello

Arising from the package of proposals from the Minister for Justice, Equality and Law Reform and specifically, the gun amnesty, does the Taoiseach propose that General de Chastelain will oversee decommissioning there? In the context of the Grangegorman Development Agency Bill, given that the Minister for Justice, Equality and Law Reform has proposed another 2,000 gardaí, but Templemore does not have the capacity, will the Taoiseach consider locating a Garda academy on the Grangegorman site?

An Ceann Comhairle

I suggest the Deputy submits a question to the Minister for Justice, Equality and Law Reform on that matter.

The Taoiseach

The first matter relates to criminal justice legislation but one does not need a legislative measure for the amnesty. The Grangegorman Development Agency Bill is being drafted and will be published shortly.

Caoimhghín Ó Caoláin

Patient Focus, representing the victims of Michael Neary and others, has indicated that it is incensed at the narrowness of the terms of reference of——

An Ceann Comhairle

Do you have a question appropriate to the Order of Business?

Caoimhghín Ó Caoláin

I am actually asking a question if you allow me to finish the sentence——

An Ceann Comhairle

You are not asking a question; you are making a statement.

Caoimhghín Ó Caoláin

I am asking a question if you would allow me to finish. Will you allow me to finish, a Cheann Comhairle?

An Ceann Comhairle

I will allow you to ask a question appropriate to the Order of Business——

Caoimhghín Ó Caoláin

Will the same ruling apply to this Deputy as all others?

An Ceann Comhairle

You must obey the Standing Order like everybody else.

Caoimhghín Ó Caoláin

I am asking a question. How can you judge whether it is a question until I finish the sentence?

As I stated, Patient Focus has indicated that it is incensed at the narrowness of the terms of reference of the inquiry into gynaecological and obstetric abuses at Our Lady of Lourdes Hospital in Drogheda and the fact the inquiry will only refer to the period since 1986 and what I want to ask is——

An Ceann Comhairle

You are making a statement. I call Deputy Howlin.

Caoimhghín Ó Caoláin

——will legislation be brought forward to establish an inquiry with wider terms of reference or will a motion be tabled in the House?

An Ceann Comhairle

Is legislation promised?

Caoimhghín Ó Caoláin

I am not finished; I have a number of other questions on promised legislation.

I refer to the Government's list of promised Bills to be concluded before the end of the spring term. On 25 January, the Government published 25 Bills of which I can only see six that have been dealt with in the session. Where stands the Health (Amendment) Bill to allow for the removal of councillors from health boards in advance of the local elections? When will that be addressed given that we have a limited period of time——

An Ceann Comhairle

That has been dealt with today in response to Deputy Kenny.

Caoimhghín Ó Caoláin

——in the lead up to the local elections on 11 June?

What is the position of the health Bill, number 76 on the list, to establish the executive itself? Given the continuing toll of avoidable, accidental deaths of workers, especially in the construction industry, when will we see the Safety, Health and Welfare at Work Bill?

The Taoiseach

On Our Lady of Lourdes Hospital and the Neary case, the Minister for Health and Children is in consultation with the families and representatives on the issue and discussions took place yesterday. There is continuing contact between them. The Minister has listened to the points made. There will not necessarily be legislation in that area but that matter is ongoing.

I already responded to Deputy Kenny in regard to the Health (Amendment) Bill and said it would be published in a matter of days. The health Bill is a large one and it is being drafted but, as I pointed out recently, it will take some time. The Safety, Heath and Welfare at Work Bill will be published before the beginning of the summer session.

Mr. Howlin

My question was encompassed in that comprehensive trawl by Deputy Ó Caoláin. The Health, Safety and Welfare at Work Bill has been promised three times and the date has moved. Given the commitments made to large groups of workers concerned about the ongoing carnage on building sites outside this House, when will the Bill be enacted, or at least, be presented?

The Taoiseach

I am told it will be presented at the end of April.

Mr. Kenny

Am I to understand the Taoiseach will not be present in the House tomorrow? I know arrangements have been made for the Taoiseach to give his evidence at the tribunal. I understand that evidence is simple. Am I to understand he must meet the legal team in the morning? Does he intend to be present for the Order of Business tomorrow morning?

The Taoiseach

It depends on the arrangements. I was to discuss all these matters with the legal team at the weekend but we did not do that for other reasons. I assume I will have to do that in the morning but I will need to see what time I am scheduled to be on tomorrow.

Mr. Kenny

If that is the case, it means the Taoiseach will not be back here until 27 April. If his memory is as sharp as it appears and the answer is "No, I was not there", why does he have to meet a legal team? Can he still not find time to be here for the Order of Business?

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. Quinn

When will the building control Bill be published?

The Taoiseach

It is listed for the middle of this year, but it will not be brought forward before the summer.

Mr. J. Higgins

On the proposed legislation on citizenship rights for children born in this State to parents who are not citizens, is it the intention of the Government to order the discussion on that Bill in order to——

An Ceann Comhairle

That does not arise on the Order of Business.

Mr. J. Higgins

Dáil sittings, arrangements for Dáil debates and promised legislation arise on the Order of Business.

An Ceann Comhairle

That matter has already been dealt with.

Mr. J. Higgins

I will be brief. In order to hold the referendum on 11 June to run with the local and European Parliament elections, which would be highly reckless and irresponsible, is it the Taoiseach's intention that the Dáil should return the week beginning 19 April to deal with this or other legislation?

An Ceann Comhairle

That has already been dealt with.

The Taoiseach

I have already indicated that Bill will be circulated shortly. The Government wants to take it soon.

Mr. Stagg

The answer is "Yes".

The Taoiseach

That is what I have said.

Mr. J. Higgins

A Cheann Comhairle——

An Ceann Comhairle

The question has already been dealt with. I call Deputy Rabbitte.

Mr. J. Higgins

I asked a question that is absolutely in order.

An Ceann Comhairle

That question was asked earlier and was answered by the Taoiseach. We have repetition.

Mr. J. Higgins

No. I asked if it was the intention of the Government bring the Dáil back the week beginning 19 April to deal with this or other legislation? That is absolutely in order and I would like the Taoiseach to answer.

An Ceann Comhairle

The Taoiseach answered that question.

The Taoiseach

I will repeat what I stated earlier. I said the Government will publish the Bill in the next few days and that it wants to take the Bill as soon as the Whips can arrange it. We will need to do so quickly, and probably the week after next.

Mr. J. Higgins

Will the Dáil sit the week beginning 19 April?

The Taoiseach

I think the House will sit that week.

Mr. J. Higgins

Is it the Taoiseach's intention to run the referendum on 11 June?

The Taoiseach

That is the Government's intention.

Mr. J. Higgins

It is outrageous and irresponsible. The Minister for Justice, Equality and Law Reform is sniggering away. One would wish that he would stay out of the House playing with his prisons to keep him away from——

An Ceann Comhairle

Deputy Higgins, allow Deputy Rabbitte to speak.

Mr. Rabbitte

A Cheann Comhairle, maybe this question is for you. Two weeks ago I suggested to the Taoiseach that the House was coming back early to take the citizenship Bill but he seemed to deny it. He has misled Deputy Kenny who thought we were coming back on 27 April. The Minister for Justice, Equality and Law Reform clearly thinks this is a matter for smug satisfaction that a party which espouses republicanism in Killarney is to utilise an election environment to stir up the type of antipathy we saw at the last election.

An Ceann Comhairle

The Deputy must confine himself to a question appropriate to the Order of Business.

Mr. Rabbitte

Do I take it, a Cheann Comhairle, that if the Taoiseach does not answer the question, you will answer it? Is the House being convened a week earlier than advised to the Whips at the beginning of the year? If the Taoiseach will not be here tomorrow, will he at least tell the House why it is being reconvened a week earlier and what the business will be? He must stop playing ducks and drakes with us on this side of the House. I am sick and tired of the prevarication, ducking and weaving and dishonesty from the Taoiseach and the Minister, Deputy McDowell, on the matter. Is the Taoiseach taking the bloody Bill a week early or is he not?

An Ceann Comhairle

As regards the Chair, it is a matter for the House on Thursday when we adjourn for the Easter recess.

Mr. Howlin

Has the Ceann Comhairle been approached?

The Taoiseach

I have already answered the question. There are procedures for dealing with the issue. I was asked if the Government will publish the Bill and I said it will do so in the next few days. I was asked if it will take the Bill early and I said it will. I also said we would discuss the matter with the Whip, which is the normal way to do business. As has already been said, if we wish to deal with the Bill properly on 11 June, we must provide time for a debate at an early stage. We will go through the normal procedures before doing so.

In reply to Deputies Higgins and Rabbitte, I do not accept that reasonable and practical constitutional and legislative proposals designed to bring the immigration and citizenship laws into line with our European partners can be termed difficult or racist — it is not.

Deputies

Hear, hear.

Mr. Penrose

What about the North of Ireland?

The Taoiseach

I do not believe that a mature debate on immigration, which is a very simple issue——

Mr. Quinn

It is rushed.

The Taoiseach

——will fundamentally change the significant issues we have been managing fairly well across all parties in recent years, and which are creating huge problems in other countries. We have managed to deal with the issues in this country. I do not believe that an extremely reasonable proposal will be transformed into any kind of racist proposal purely by dealing with the matter on the same day as an election. It is not a complex, difficult or divisive issue. This will only be the case if people purport to try to do that. I certainly will not do so, and I urge others not do so.

(Interruptions).

An Ceann Comhairle

I call Deputy Naughten.

Mr. Allen

The Taoiseach should talk to a few——

Mr. Rabbitte

Were the text of the Bill and the amendment approved by Cabinet today?

The Taoiseach

The work on the Bill is almost complete. There are still relatively minor matters to be dealt with. Most of the work is completed.

Mr. Rabbitte

How can the Taoiseach say——

An Ceann Comhairle

We cannot have a debate on the issue now. We must move on to other business.

Mr. Rabbitte

I want to know what I am entitled to ask about promised legislation. Was the Bill approved by Cabinet this morning?

The Taoiseach

I have already stated that the Bill will be published in the next few days.

Mr. Rabbitte

One cannot be a little bit pregnant. Was it approved or not?

An Ceann Comhairle

Deputy Rabbitte must allow the Taoiseach to answer the question.

Mr. Rabbitte

What does the Taoiseach mean when he says it is almost complete?

(Interruptions).

The Taoiseach

The matter was discussed today and matters outstanding will be dealt with.

An Ceann Comhairle

Deputy Rabbitte must allow the Taoiseach to speak without interruption. I call Deputy Naughten.

Mr. Rabbitte

What is the answer to the question?

An Ceann Comhairle

I call Deputy Naughten.

Mr. Rabbitte

A Cheann Comhairle, relax.

An Ceann Comhairle

I am quite relaxed. Perhaps the Deputy will take a bit of his own advice.

Mr. Rabbitte

I am entitled to ask about legislation. I am pleased the Minister for Justice, Equality and Law Reform thinks it is a matter of hilarity.

An Ceann Comhairle

If the Deputy has a question, I will hear it, otherwise I will move on to the next business.

Mr. Rabbitte

No, a Cheann Comhairle, you will not, or you will move on without my party. Is the Bill and the text of the amendment approved by Cabinet? The Taoiseach promised Deputy Kenny and me that he would involve us in consultation. When will that consultation take place? When will the Bill be published and has it been approved?

Caoimhghín Ó Caoláin

Will there be consultations with the other parties?

An Ceann Comhairle

Allow the Taoiseach to reply.

The Taoiseach

In reply to Deputy Rabbitte, there will be consultation, which I hope will take place tomorrow. The Minister for Justice, Equality and Law Reform will——

(Interruptions).

The Taoiseach

In reply to Deputy Rabbitte's other question, the Bill was approved today. There are a few outstanding issues which the Minister and the Attorney General are completing. These should be completed tomorrow, if not tonight.

Mr. J. Higgins

How can it be well considered when it is being rushed?

(Interruptions).

Mr. Naughten

When will we see Report Stage of the Rail Safety Bill? The Minister promised the legislation would be enacted by spring, but spring of what year?

The Taoiseach

The summer session.

Mr. Penrose

In the context of the cuts in social welfare benefits to widows, widowers and lone-parent families, and the commitment given by the Taoiseach and the Minister for Social and Family Affairs, when will the necessary amending legislation be brought forward to enable payments to be restored to the rates which existed prior to the reductions?

The Taoiseach

There is no legislation needed.

Mr. Penrose

Secondary legislation is needed. We spent three or four weeks debating it. How will the cuts, which should not have been introduced, be reversed?

An Ceann Comhairle

I suggest that the Deputy submit a question to the Minister for Social and Family Affairs.

Mr. Penrose

There must be amending legislation.

Mr. Durkan

It was probably discussed in Cabinet this morning.

(Interruptions).

An Ceann Comhairle

The matter is not appropriate to the Order of Business. I call Deputy Ó Snodaigh.

Mr. Penrose

Will the Taoiseach find out——

(Interruptions).

Mr. Penrose

It is a valid question.

The Taoiseach

Legislation is not required.

Mr. Durkan

The question is a valid one. One of the things that has been happening in this House in the last few weeks is that changes are being sprung——

An Ceann Comhairle

I ask the Deputy to resume his seat.

Mr. Durkan

A Cheann Comhairle, you can ask me to resume my seat——

An Ceann Comhairle

I ask the Deputy to resume his seat until he is called.

Mr. Durkan

When will I be called?

An Ceann Comhairle

The Deputy will be called when it is his turn.

Mr. Stagg

On a point of order, am I correct in assuming that when a Member asks a question concerning either primary or secondary legislation, he is entitled to an answer or, if the answer is not available, he is entitled to a deferred answer? Deputy Penrose asked a question whether secondary or primary legislation is required——

An Ceann Comhairle

The legislation is promised.

Mr. Stagg

It has been promised but we want to know when.

Mr. Penrose

The Taoiseach and Tánaiste said——

The Taoiseach

Legislation on this matter is neither promised nor required.

A Deputy

Secondary?

Aengus Ó Snodaigh

The Government recently published a Government action programme—

(Interruptions).

An Ceann Comhairle

Deputy Ó Snodaigh without interruption.

Aengus Ó Snodaigh

——on better regulation in which it pointed out that best practice would be to issue a White Paper, followed by the heads of a Bill. I asked last week about the judicial conduct and ethics Bill. When will the heads of the Bill be published so that we can prepare to debate the matter? Will a White Paper on judicial conduct be issued prior to the Bill?

The Taoiseach

The Department is considering the provisions that might be included in the Bill, taking account of work done by the constitutional review group, the Joint Oireachtas Committee on the Constitution and the Chief Justice's committee on judicial ethics.

Mr. Gilmore

As a result of the regulations on rent allowances, a growing number of tenants now face eviction because their rents have been increased. These tenants would be able to appeal the rents if the Residential Tenancies Bill were enacted. As the Government has not scheduled Report Stage of the Residential Tenancies Bill——

An Ceann Comhairle

We must move on. Two of the Deputy's colleagues wish to contribute.

Mr. Gilmore

As the Residential Tenancies Bill will not be enacted for several months, will the Taoiseach withdraw or suspend the regulations for rent allowance until it has been enacted?

The Taoiseach

The Government wants to take that Bill as soon as possible.

Mr. Gilmore

If the Government wants to take it as soon as possible, why does it not take it the week we come back?

Mr. Allen

It has been on the Order Paper since July 2003.

Mr. Durkan

The question I wished to ask has been answered.

An Ceann Comhairle

Then we will move on to Deputy Broughan.

Mr. Durkan

It has recently been the practice of the Government to announce legislation giving the shortest possible period for the Opposition to study it, table amendments or respond in any other way. This has become common practice and it will not be tolerated by the Opposition. If the Government expects the co-operation of the Opposition it must change its tune.

Caoimhghín Ó Caoláin

That means an end to pairing.

Mr. Broughan

The coastal zone management Bill was part of the Government's legislative programme for five or six years but it disappeared from the legislative programme for the spring. What has happened to it?

I asked the Taoiseach's brother, the Minister of State, Deputy Noel Ahern, about a north side matter — the city manager's attempt to turn St. Anne's Park, Raheny, into an industrial estate.

An Ceann Comhairle

That was dealt with on the Adjournment last week.

Mr. Broughan

The Taoiseach knows the park well. Like me, he played football and hurling there. What are his views on what is happening to it?

An Ceann Comhairle

That does not arise on the Order of Business.

The Taoiseach

The coastal zone management Bill is being incorporated into the marine services Bill.

Ms Shortall

I would like to ask the Taoiseach about four Bills promised in the past week by the Minister for Transport. I cannot find any of them on the Government's legislative programme so perhaps the Taoiseach might tell us the titles of the Bills and when we can expect to see them.

The first Bill will provide for random breath testing, while the second will provide for the inclusion of the use of mobile telephones in the penalty points system. The third Bill will allow for the establishment of a dedicated traffic corps. The Minister for Justice, Equality and Law Reform has stated that his advice is that new legislation is needed for that and the Minister for Transport has said he will go ahead with it before the summer. Finally, when will we see the legislation that has been promised to deal with court challenges to notices sent out under the penalty points system? It seems that prosecutions in regard to a large number of offences are in jeopardy.

Dáil Éireann díospóireacht - Tuesday, 6 Apr 2004