The Order of Business today shall be as follows: No. 14c, Expediency Motion re Appointment of Committee on Article 35.4.1 of the Constitution and section 39 of the Courts of Justice Act 1924; No. 22, International Development Association (Amendment) Bill 2003 — Second Stage (resumed); No. 2, Sea Pollution (Miscellaneous Provisions) Bill 2003 [Seanad] — Second Stage; No. 20, International Criminal Court Bill 2003 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that the Dáil on its rising today shall adjourn until 2.30 p.m. on Tuesday, 15 June 2004.
Order of Business.
Is the proposal for dealing with the Adjournment of the Dáil today agreed?
In respect of No. 14c, will there be an opportunity for Opposition spokespersons to raise concerns about the legal basis on which the Government is proceeding? I presume there will be no restriction and there will be an opportunity to deal with the issue.
We appreciate the all-party involvement and support for this measure and there will be no curtailment of debate.
When does the Government intend to introduce legislation to refurbish the law after the Abbeylara case to allow or permit inquiry by parliamentary committee?
I am sorry, Deputy, we will deal with that matter on the Order of Business. We are dealing with the proposal before the House. Is the proposal agreed? Agreed.
With the permission of the Ceann Comhairle, I would like to inform the House of the up-to-date position on Judge Curtin. A plenary summons and statement of claim on this matter were served on the Office of the Chief State Solicitor yesterday afternoon, 2 June 2004. The General Indorsement of Claims therein reads as follows:
The Plaintiff's claim is for:
A. A Declaration that the computer and other materials removed from the Plaintiff's residence on the 27th day of May 2002 were removed therefrom unlawfully and in breach of the Plaintiff's constitutional rights;
B. A Declaration that the aforesaid computer and other materials having been declared inadmissible as unconstitutionally and unlawfully obtained evidence, may not be used as evidence in any other proceedings, process or inquiry;
C. An Order restraining the Defendants, and each of them, their servants or agents from making any use whatsoever of the said computer and other materials or from delivering same over to any third parties;
D. Damages for trespass;
E. Damages for unlawful interference with constitutional rights;
F. Such further and other relief as this Honourable Court shall seem meet;
G. Costs.
It is important to note that neither House of the Oireachtas is a defendant in this litigation; there is no claim contained in these proceedings which would have the effect of preventing the Dáil and Seanad from establishing the select committees which have been proposed in relation to Judge Brian Curtin, or from joining those select committees as a single joint committee; no challenge has been lodged against the procedures which have been established to deal with motions under Article 35.4 of the Constitution; no challenge has been lodged against the motion moved yesterday by the Minister for Justice, Equality and Law Reform; and it is our strong legal advice that the proceedings as served pose no impediment to the House in proceeding to establish the committees as proposed.
Before I call Deputy Richard Bruton, I draw his attention to the statement I made on a number of occasions to ensure that Members do not prejudice themselves.
I have no intention of doing so. I thank the Minister for his statement. It gives some clarity to the way in which we are proceeding. I am encouraged by his statement that the Government has categorical legal advice on the robustness of this procedure. Nonetheless, I hope that the Opposition spokespersons will have the opportunity during the day to make comments and hear fully from Government on the issues that have been raised in public discussions and which are contentious here in the procedures. All Members of the House should receive the assurance just given by the Minister.
I am not clear about what the Minister has said. Notwithstanding what he has said, surely the action being taken against Judge Brian Curtin will inevitably have implications for the process on which these Houses have embarked, or is the Minister claiming that it is an entirely separate matter and has no impact on the process? Having claimed that it is his intention to proceed with the select committee today, when is it proposed that such a committee will initiate its business?
I understand that this is not a matter that is to be dealt with on the normal adversarial basis. Will all Members of the Oireachtas be kept informed? The Technical Group has only one representative on that committee and it is my understanding that this is a matter with which the Oireachtas in total is dealing. As far as I am aware there has not yet been any challenge to the Oireachtas proceedings. Will the Minister inform the House how matters will change, for example the length of time, if there is a challenge to the work being done here? Does the Minister know if a plan B exists?
This morning I checked with legal advice available to the Government and I was advised that I could issue a statement to the House. It is the strong legal advice that proceedings as served pose no impediment to the House to establish the committee as proposed. The best legal advice to me and to the Government is that we can proceed with the establishment of the committee and the proceedings served pose no impediment to that establishment. The committee will have its own legal advice. There will be no time limit on the workings of the committee. It will be established today and will get down to business as soon as possible. It will have its own legal advice to carry out its work under its own constitutional responsibility. The Members will be kept fully informed as has occurred over recent weeks.
Does that mean that the Minister will make the advice of the Attorney General on the Judge Curtin affair available to Members of the House or at least to party leaders in the House?
The Attorney General has advised me to issue the statement to the House that I have here. It is the strong legal advice that proceedings as served pose no impediment to the House in proceeding to establish the committees today as proposed.
When will legislation be brought before the House to allow inquiry by parliamentary committee following the striking down of same in the Abbeylara judgement?
There will be an appointment of inspectors to assist committees. The Deputy must excuse me.
Is legislation promised?
If it is promised, it will be broken.
Is it promised or not?
Will Deputy Rabbitte reply?
I asked the question. It is for the Government to answer it. What is the eloquent reply?
Could the Deputy ask the question again, please? I am trying to be helpful.
Following the judgement on Abbeylara, the inquiry into events such as mini-CTC had to be abandoned, because inquiry by parliamentary committee that was in danger of making findings that would adversely reflect on a particular individual was struck down by the Supreme Court. The question of refurbishing legislation was promised and I am asking where is it in the schedule and when will it be introduced in the House.
The Commissions of Investigations Bill has taken over from that legislation.
When will that be introduced?
That is on Report and Final Stages.
What is the progress of the Garda Síochána Bill? There was a report today that Ministers have used Garda resources for constituency business. It is a matter of public concern that such resources should be used in a way that is not authorised.
Does the Deputy have a question on legislation?
I want to know when that legislation will come before the House so we can have a proper debate on this. I am also interested in the progress of the investment intermediaries Bill. We have again seen today——
The Deputy is referring to two pieces of legislation.
I wanted to state why I was——
It is not necessary to state why, just when it will come before the House.
It helps in that we are trying to——
It does not help. It takes up a great deal of time on the Order of Business.
We have seen Ministers using State money in a cavalier way today for two purposes——
When the Bill comes before the House, the Deputy will have an opportunity to contribute on it.
——an investment in Maynooth made at the whim of the Minister for Finance and an investment in his own constituency veered from the Minister for Defence.
The Deputy should confine himself to questions on legislation.
We ought to have an opportunity to ask relevant questions about legislative provisions.
Yes. That is the purpose of Question Time. We are discussing when legislation on the Order Paper might come before the House. We cannot discuss the content of the legislation or what we might wish to say on Second Stage.
Committee Stage of the Garda Síochána Bill 2004 is being taken in the Seanad. On the conclusion of Committee Stage, it will be taken in the House without delay. The heads of the investment intermediaries Bill are expected shortly.
Will it cover the Minister for Defence?
If the Ceann Comhairle will allow me, as I did not have an opportunity to do so yesterday, I welcome home members of the Defence Forces and pay tribute to their peacekeeping work in Liberia. In speaking to me, they wondered whether they would be billeted on the floor this time around when George Bush's plane comes into the hangar in Gormanstown.
Does the Deputy have a question on legislation? If not, we will move on to Deputy Michael D. Higgins.
I do. The Department of Defence promised legislation lists only the Curragh of Kildare Bill. I am not sure if that is for the horses or members of the Defence Forces but the judicial conduct Bill is relevant to us given that we need to reflect on judicial appointments and avoid in future the type of problems we are experiencing now.
The Department is working on the judicial conduct Bill and it will be taken before the end of the year.
In recent days the attention of Members of the House has been drawn to the fact that two Palestinian diplomats spent a year in Abu Ghraib jail and were only released some days ago. That has led me to ask again about the legislation promised on the Diplomatic Relations and Immunities Act 1967, as amended in 1976. Every time I ask about it I get a letter stating there are some difficulties but I never get an explanation as to the practical difficulties in introducing this long-promised legislation.
I regret I will not be able to be any more helpful because it is not possible to indicate at this stage when that legislation will be taken.
On the previous occasion, I received a short letter from the Taoiseach suggesting there had been more difficulties than anticipated. I am sure the Ceann Comhairle will appreciate that the circumstances in which immunity is granted on either a temporary or a permanent basis——
I suggest the Deputy submit a question to the Minister responsible.
I have done so——
It is not a matter for the Order of Business.
——but I did not get any information. I will try to pursue it in another way as the Ceann Comhairle suggests so regularly.
The Minister for Justice, Equality and Law Reform has demonstrated his lack of evidence-based planning in regard to the prison service. When will the heads of the prisons Bill be published and will it be published along with the prison service Bill which will provide a statutory basis for an independent prison service? Will additional legislation be required to put the prisons inspectorate on a statutory footing?
The heads of the prisons Bill have been approved by Government and the Bill will be published this session.
I asked about other legislation. Will that Bill be published along with the prison service Bill which would provide for the independence of the prison service?
It is not possible to indicate when the prison service Bill will be published.
I want to raise three issues. When will the alcohol products (control of advertising, sponsorship and marketing practices/sales promotions) Bill be published? Regarding the Minister's own area, when will the veterinary medicines Bill and the animal health Bill be published? When will the land Bill, which deals with a serious problem for many farmers, be published?
The heads of the alcohol products (control of advertising, sponsorship and marketing practices/sales promotions) Bill have been approved and the legislation will be published later this year. The heads of the veterinary medicines Bill have been approved and it is hoped that Bill will be published before the end of this term. The heads of the land Bill have been approved and it will be published in the next few weeks.
What about the animal health Bill?
The date for the animal health Bill is May 2005.
Will the Minister indicate if the Cabinet discussed the State airports Bill this week? Also, in light of the fact that two firms of respected consultants have now established that it would not be prudent for the State to continue with the plan to break up Aer Rianta, what is the Government's intention now in respect of that legislation?
The Bill will be published this session.
Will it be with the approval of the Minister for Finance?
Was the legislation approved by the Cabinet this week?
It is under consideration by the Government and it will be published this term.
I need the Ceann Comhairle's guidance on this question. Today's business includes questions to the Minister for Community, Rural and Gaeltacht Affairs. I have tabled a question for oral answer in the House today which I will not raise here but which I was disturbed to see was already answered by way of press release yesterday. Does that affect Standing Orders in any way? My question was tabled, under the requirements of Standing Orders, with due notice of three working days and it begs the question why Members table questions when the Government sees fit to release information in that way.
The Deputy has made his point.
It is called respect for the House.
Does Deputy Stagg think he is the only one who has respect for the House?
A Deputy
It is the same procedure under freedom of information.
Given the fun we have had from time to time, will the Minister indicate the current whereabouts of the gas regulation Bill?
That is a very appropriate question from Deputy Durkan.
It might be no harm to reintroduce it. It might also be no harm to revisit the geological survey of Ireland Bill, which has been around since 1845. The building control Bill, about which there was great urgency last year, appears to have slipped from the list for some unknown reason.
The gas regulation Bill, which is very complex, will be published in 2005. It is not possible to indicate at this stage when the geological survey of Ireland Bill will be taken. The building control Bill will be taken before the end of the year.
I want to ask the Minister about the co-operatives Bill to modernise existing co-operative legislation — it is No. 56 on the list — and No. 59, the employee involvement in a European co-operative society Bill.
That legislation will be taken in 2005.
Will both Bills be taken?
After the general election.
No, it will be before the next general election. The other Bill will be taken in 2005.
With only four weeks of parliamentary time remaining after the elections, is it still the intention of the Government to bring the State airports Bill before the Dáil? What is the timescale for the national oil reserves agency Bill?
The first question has already been dealt with.
The Minister for Social and Family Affairs must have been an altar girl in her youth so efficient is she in turning the pages of the Minister's missal.
Regarding efficiency, the first question the Deputy asked was answered only a few minutes ago. His attention span appears to be shortening. On the second question, the answer is 2005.
Representing the constituencies they do, Donegal South-West and Cork South-West, I am sure both Ministers are aware of the crisis in the salmon fishing industry due to quota restrictions and restrictions on days fishing.
Does the Deputy have a question on legislation?
When can we expect to see the fisheries (amendment) Bill to regulate the fishing industry. I am sure both Ministers are concerned, as I am, about the future of salmon fishermen from Donegal to Cork.
The heads of the Bill have been approved and it is expected that it will be taken late this year.
Too late for this season.
In view of the better economic returns we are hearing about, when will legislation be introduced to compel the Government to give equality to ill people by removing the ban on recruitment of staff which is resulting in essential medical units being left idle while people lie on trolleys in hospitals.
The Government is against equality. Inequality is a good thing.
No legislation is promised but this matter was raised on the Adjournment of the House last night. Deputy Cowley's colleague, Deputy Ring, availed of that opportunity to raise the matter.
In view of the action taken recently in the European Court of Human Rights by a Scottish prisoner who obtained compensation for slopping out procedures in Scottish prisons, the class action being taken by 240 prisoners in Limerick Prison, the thousands of prisoners who may be associated with that action and the millions of euro, perhaps rivalling the Army deafness claims, which may have to be paid out by the State in compensation, does the Government have proposals to change prison rules and regulations so that slopping out is discontinued in Mountjoy, Portlaoise and Limerick prisons? The procedure is degrading and inhumane and should have been ended years ago.
No such legislation is promised.