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Dáil Éireann díospóireacht -
Wednesday, 5 May 2004

Vol. 584 No. 6

Order of Business.

The Order of Business today shall be as follows: No. 17, Electoral (Amendment) Bill 2004 — Report Stage (resumed) and Final Stage and No. 18, Equality Bill 2004 [Seanad] — Second Stage (resumed). Private Members’ business shall be No. 39, motion re commitment permanently to end hospital waiting lists within two years (resumed), to conclude at 8.30 p.m.

There are no proposals to put to the House on the Order of Business.

On the Electoral (Amendment) Bill, I am glad the Government lifted the guillotine on this. When is it proposed to continue with Report and Final Stages? Will it be next week? My recommendation was that it be withdrawn altogether and that we set up a proper independent electoral commission to deal with all elections, but the Government does not seem willing to do that.

It depends on the degree of co-operation and what happens for the rest of the day. If it goes on until tomorrow there can be discussions among the Whips as to how to do this.

When is it proposed to take the continental shelf Bill? That Bill will update and consolidate the Continental Shelf Act 1968 and is due for publication in 2005. Will the Minister explain what this is about?

Also, "regret" does not seem to be a word in the Fianna Fáil vocabulary. The Taoiseach confirmed that the Minister for Education and Science and the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Fahey, were out of line when it comes to the ethics in government——

That does not arise.

It does arise. I do not expect an apology from the Minister for the Environment, Heritage and Local Government but I would have thought it appropriate that the three Ministers, the three musketeers, might say sorry——

That does not arise on the Order of Business.

Will the Ministers consider saying sorry?

The earliest date I have for the continental shelf Bill is 2005.

What exactly is the Minister saying about the Electoral (Amendment) Bill? We got two different Orders of Business this morning and the second one drops the guillotine. The rest of us are completely mesmerised as to the point of the exercise at all, as it is redundant. When is it proposed that we will revert to this? The Government brought the House back early to discuss two pressing matters, electronic voting and the citizenship referendum, but it looks as if we could have all stayed away and done something useful. When are we coming back to this matter?

Is there any prospect of the Minister for Education and Science meeting representatives of the unfortunate man outside the gate who feels so wronged that his life is now at risk? I am not suggesting the Minister has any responsibility for that, but its resolution depends on him and on his office being available. Are there any plans to put forward a formula which will aid someone whose life, frankly, is trickling away? I do not know if anyone has spoken to him today but he is exceptionally ill. He is also exceptionally convinced that his case is right. He has been badly treated all his life and no successful effort has yet been made to facilitate a resolution of his personal crisis.

The reason the redress board was established in the first instance was to take matters like this out of the political arena but the Minister for Education and Science has agreed to meet Deputies from the person's area. I hope that meeting will take place later today.

With respect, I know all about that.

Maybe the Deputy should wait for the meeting.

Let the meeting take place.

The Minister without interruption.

Deputies opposite know the situation as well as I do. The board was set up to be independent.

If we are to——

Deputy Rabbitte, we cannot have a discussion on the matter here. A question was asked and I am allowing the Minister for Defence to answer it as he is taking the Order of Business. I would prefer if the Deputy did not carry on a conversation with the Minister for Education and Science across the floor of the House.

There is a situation outside the gate.

The Deputy has made his point and I ask him to allow the Minister for Defence to answer.

There is no point in either Minister——

I appreciate that Deputy. There are other ways of raising that matter in the House.

We will get another opportunity to raise it. I do not think there is an appreciation of the gravity of the situation on that side of the House.

The reason for proceeding with the Electoral (Amendment) Bill 2004 is that we need to give statutory recognition to the commission to allow it to continue its work and to publish its further detailed reports, as referred to in its first report. There are other items in the Bill which need to be enacted, in respect of personation and the facilitation of a number of existing councillors who are council employees standing in the forthcoming local election. There is no great argument about that.

In regard to today, let us see how the debate progresses. If it is not completed, the Whips will meet to decide the way in which to proceed thereafter.

The Government would not do that when we first asked because it was trying to rush it through for 11 June.

I am trying to be helpful.

Such contempt for the House is disgraceful.

That is some interpretation of what is being done.

If we did not have respect for the House, most of us on the Opposition would have withdrawn our Report Stage amendments, given that they are effectively bogus in respect of the elections on 11 June. In all honesty, there are many other issues the House should deal with other than the Electoral (Amendment) Bill 2004.

If we got on with the Order of Business we might get on to the Bill.

If there is any point in it. The promised legislation I want to ask about relates to issues pertaining to the foreshore Bill which were raised by Dr. John Sweeney, who coincidentally has the same surname as Mr. Tom Sweeney. It is probably fate that we are raising it today. I do not know if the Minister saw an article in yesterday's edition of The Guardian which stated, “If a man is allowed to die on the parliament’s doorstep, large numbers ... will rise up in revolt.” Is the Government prepared for the political fall-out?

The Minister to reply to the question on legislation.

The foreshore legislation that Dr. John Sweeney from Maynooth——

I have asked the Minister to respond to the Deputy's question.

Given that there is no date for publication, is serious consideration being given to the issue? The coastal zone management Bill appears to have been scrapped. Dr. John Sweeney of Maynooth is serious in warning about the inundation of the foreshore.

The Chair will have to move on to the next business if the Deputy continues to frustrate the Order of Business.

Is there a publication date for that Bill?

The coastal zone management Bill is being incorporated in a marine services Bill which will provide for comprehensive new legislative provisions for a seafood sector and a marine coastal zone. It is not possible to indicate when the foreshore Bill will be published.

In light of the grave difficulties in getting a driving test, when will the driver testing and standards authority Bill be published? What is the position in regard to alcohol products, control of advertising, sponsorship and marketing practices, sales promotions Bill, in light of the ongoing problems with alcoholic drink discussed here today? What is the position in regard to the medical practitioners Bill? The Minister was about to get extra practitioners for the hospital in Nenagh.

The Deputy should confine himself to questions appropriate to the Order of Business.

It is very appropriate to the Order of Business that we get a few extra practitioners in Monaghan.

I want to facilitate Deputy Durkan and I cannot do so if the Deputy continues.

The driving testing standards authority Bill will be published this session. The second Bill will be published in late 2004 and in the case of the third Bill it is not possible to indicate when it will be published.

I seek clarification from the Minister for Defence on promised legislation. I have asked for over a year about the promised health and safety at work (amendment) Bill. It is contained in the priority list for this session. I was informed previously that it would incorporate the recommendation from the Law Reform Commission on corporate manslaughter. I understand the Minister of State with responsibility for labour affairs made a statement today that corporate manslaughter is proving too complicated to incorporate into this legislation. When will we see the health and safety Bill? Will there be separate legislation to outlaw corporate manslaughter, this new offence, or will both Bills be incorporated into one?

I will have to communicate with the Deputy in regard to the second matter. I hope the Bill will be introduced this session.

I welcome the fact that the Government has withdrawn the guillotine in respect of the Electoral (Amendment) Bill 2004. Would there not be greater sense in deferring further consideration of the Bill until all the salient matters have been properly addressed?

Has the Deputy got a question appropriate to the Order of Business?

I do. All the face loss has occurred. We should be big and bold enough to say we have been——

I call Deputy Neville.

On the second matter, there is a precedent in relation to the Minister for Education and Science, Deputy Dempsey, meeting the unfortunate man outside the gates of the House. Far be it from me to eulogise on any of the actions of the Minister for Justice, Equality and Law Reform but I believe there was a precedent for this in the course of this Dáil. The Minister for Justice, Equality and Law Reform either intentionally or in a casual way happened to meet a previous hunger striking party outside the gates of the House and it defused the situation.

The Deputy has made his point.

I wish to ask a question. I commend the action outlined to the Minister for Education and Science, Deputy Dempsey.

We cannot have a debate on this matter now.

It is worth exploring and pursuing in order to avoid a tragedy. My question is——

I will come back to the Deputy for his question. I have called Deputy Neville.

Will you allow me to finish my contribution?

Sorry, Deputy, I will come back to you. The Chair wants to move on to the next business and be fair to other Deputies who wish to ask a question on legislation.

Can the Chair not be fair also to this Deputy?

The Deputy has been on his feet for three or four minutes and he has not asked one question relevant to the Order of Business.

As a leader of a party I have made the same references as every other leader has but I was not called in sequence. I wish to ask a question, as others have indicated, relevant to the Order of Business and I will be brief. The customs and excise (mutual assistance) (amendment) Bill was promised in the January programme, with publication expected in 2004. I note from the most recent publication of intended Government legislation that it does not appear on the list. Will the Minister clarify what has happened to the Bill and what are the Government's intentions regarding same?

That Bill is not being progressed at present. It has come to Revenue's attention that meetings have been held at EU level. Further protocols may arise and each would require primary legislation. If they arise, it is Revenue's intention to take them all together in one instrument.

When will that be?

There is no time as yet.

For a considerable period concern has been expressed in regard to the operation of coroners' courts. When will the coroners (amendment) Bill be published? It has been stated that publication is expected in 2004. Can the Minister be more precise about the date of publication?

I hope by the middle of this year the heads of the Bill will be ready.

Quite a number of young women were subjected to the most barbaric treatment and procedures by Dr. Neary in the North Eastern Regional Health Board. The Minister for Health and Children undertook to hold an inquiry into this terrible medical scandal. The non-statutory inquiry appears to have run into the sand and the victims have withdrawn from the inquiry because they feel it will not——

That matter is the subject of an Adjournment debate this evening. In fairness to the Deputy who submitted it I suggest that Deputy McManus submit a question to the Minister for Health and Children.

Is the Government considering setting up a statutory inquiry?

I suggest the Deputy submit a question to the Minister on the matter.

When will the Report Stage of the Education for Persons with Disabilities Bill be taken in the House? The House dealt with Committee Stage in January. The Bill seems to have completely disappeared from the priority list. When will the disabilities Bill be published?

The Deputy is correct. It is a priority and it is hoped that it will be taken in the next couple of weeks.

It is a long time since the disabilities Bill was promised. When will it be taken?

I do not have a date yet. It is still under consideration.

Today the Combat Poverty Agency published a report on housing poverty and wealth in Ireland which showed that those reliant on the private rented sector spend a higher proportion of their income——

Has the Deputy a question appropriate to the Order of Business?

We have been waiting a long time for the return of the Residential Tenancies Bill which at least will address many of these issues. When will it be back before the House?

The Government is anxious to give priority to that Bill over the next couple of weeks.

My question is about the same Bill.

What progress has been made on the diplomatic relations and immunities (amendment) Bill, which proposes to amend the legislation of 1967 and 1976 because of the constitutional difficulties and the urgency to have the Bill drafted ahead of the granting of immunity, for example, in the case of future presidential visits?

I regret I am not able to indicate a specific time at this stage.

Now that the Minister for the Environment, Heritage and Local Government has on his hands a lot of obsolete electronic equipment, will he consider alternative means for its use or disposal?

Has the Deputy a question on legislation appropriate to the Order of Business?

He might consider having an auction——

That does not arise on the Order of Business.

——to sell it off and restore the €52 million to the taxpayers or perhaps he might deal with it in the context of the petroleum Bill, which is promised legislation. He could perhaps deal with it under that heading.

It is a burning issue.

It will be dealt with in 2006.

That will be long before the electronic voting machines are used. In view of press reports today that the European Commission is to investigate the high level of illegal quarrying and dumping operations, what legislative steps has the Minister for the Environment, Heritage and Local Government taken to ensure that local authorities and his Department will carry out their responsibilities under the planning laws?

Is legislation promised?

No. I suggest the Deputy put down a parliamentary question to the Minister.

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