Dáil Éireann díospóireacht -
Wednesday, 30 Jun 2004

Vol. 588 No. 3

Order of Business.

The Taoiseach

It is proposed to take No. 26, statements on the European Council, Brussels; No. 1, Civil Liability and Courts Bill 2004[Seanad] — Second Stage; No. 27, Residential Tenancies Bill 2003 — Report Stage (resumed) and Final Stage.

It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10.30 p.m., the suspension of the sitting under Standing Order 23(1) shall take place on the conclusion of No. 26 until 2.30 p.m.; the proceedings on No. 26 shall, if not previously concluded, be brought to a conclusion after one hour 40 minutes and the following arrangements shall apply: (i) the statements shall, if not previously concluded, be brought to a conclusion after 80 minutes and, subject to (ii), the statements shall be confined to the Taoiseach and the main spokespersons for the Fine Gael Party, the Labour Party and the Technical Group, who shall be called upon in that order and which shall not exceed 20 minutes in each case; (ii) Members may share time; and (iii) immediately following the statements, the Minister for Foreign Affairs shall take questions for a period not exceeding 20 minutes; and the Second Stage of No. 1 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 7 p.m. Private Members' Business shall be No. 50, motion re disabled person's grant scheme (resumed) to conclude at 8.30 p.m.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal for the late sitting and the suspension of the sitting agreed? Agreed. Is the proposal for dealing with No. 26, statements on European Council, Brussels, agreed? Agreed. Is the proposal for dealing with No. 1, conclusion of Second Stage of the Civil Liability and Courts Bill 2004 [Seanad] agreed?

Mr. Kenny

I wish to register my protest at the guillotine. I do not wish to call a vote on it but I want to register my protest as I have done previously.

Mr. Sargent

The guillotine is unnecessary. The Ceann Comhairle and the Government are in the habit of applying guillotines to legislation on which Members are interested in contributing.

Caoimhghín Ó Caoláin

I object also to the guillotine applying to the Civil Liability and Courts Bill 2004[Seanad] which has come from the Seanad to complete Second Stage. To introduce a guillotine on Second Stage is to deny Members the opportunity for full participation. It is unnecessary and it should not have applied. Perhaps the Taoiseach would like to revisit the proposition.

Question, "That the proposal for dealing with No. 1, Civil Liability and Courts Bill 2004[Seanad]: Second Stage, be agreed to”, put and declared carried.

Mr. Kenny

In light of the report on the front page of today's Irish Independent about the cost of our national roads programme overrunning by €9.4 billion, I listened to the Minister for Transport, Deputy Brennan, on the radio this morning. He blamed everybody but Cabinet doodling for what appears to have resulted in bits and pieces of motorways being put into various constituencies. The list is horrendous. The cost of the port tunnel has increased from €220 million——

An Ceann Comhairle

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

Mr. Kenny

I have.

An Ceann Comhairle

Leaders have the opportunity on Leaders' Questions to raise other matters.

Mr. Kenny

The cost of the south-eastern motorway has increased from €153 million to €530 million——

An Ceann Comhairle

I ask Deputy Kenny to come to his question appropriate to the Order of Business.

Mr. Kenny

My question relates to the national roads infrastructure Bill to modernise legislation relating to roads and which includes the reform of the National Roads Authority. When will we see this legislation which has been promised for 2004?

Mr. Durkan

A very good question.

The Taoiseach

It is hoped that the legislation can be cleared during the summer.

Mr. Rabbitte

I seek clarity from the Taoiseach on what exactly happened at the parliamentary party in respect of the Aer Rianta situation. Is it the case, as published, that the Minister for Foreign Affairs, Deputy Cowen, on the Taoiseach's behalf, gave an assurance that the break-up of Aer Rianta would not proceed as envisaged when the Bill was going through the House on Second Stage and that the opportunity will be afforded to permit business plans to be prepared before the Bill proceeds to allow the break-up from date of enactment?

The Taoiseach

That is precisely what is contained in the Bill. What my colleagues and many people support is that, when the Bill is passed, the business plans must be completed by 30 April next year. There is an opportunity for that to happen. After the Bill passes, the business plans must be prepared by 30 April next year.

Mr. Sargent

Perhaps promised legislation related to a matter I raised and on which I sought an answer previously could be a hint as to when the Government will decide on the metro. The critical infrastructure (Dublin metro) Bill has an expected publication date in 2004. Given that, back in September last, I was promised a decision on that matter within a few weeks, what is the date for the decision on the metro, based on this legislation?

The Taoiseach

Work is in progress on the heads of the critical infrastructure (Dublin metro) Bill and they are expected to be completed before the summer break in the Department at the end of July.

Mr. Sargent

Which summer break?

The Taoiseach

Departments work until the end of July.

Mr. Crawford

In light of the ongoing difficulties in the health area and the obvious lack of knowledge on the part of the Minister of State of what is happening on the ground——

An Ceann Comhairle

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

Mr. Crawford

It is appropriate in light of the answers I received last night. When will the health Bill, which I understand includes a section to deal with complaints, be discussed in the House? It needs to be debated as a matter of urgency.

The Taoiseach

The health Bill is being drafted and will be available later in the year.

Mr. Costello

Given the Law Reform Commission's recommendations for the urgent indexing and updating of fines legislation, that thousands of people go to prison annually for non-payment of fines and that the Minister is seeking extra prison space at horrendous cost to the taxpayer, are there any proposals to bring forward fines legislation? Have even the heads of a Bill been approved?

The Taoiseach

There is an updating and indexation proposal. The draft scheme was circulated to various Departments. Views have been received and are being examined. The heads of a Bill are expected to be completed in the summer.

Caoimhghín Ó Caoláin

In the context of the Comptroller and Auditor General's recent report on overspending on proposed infrastructural development, given that there are so many elements of concern, particularly the continuing rise in consultants' fees——

An Ceann Comhairle

I suggest you submit a question to the Minister for Finance.

Caoimhghín Ó Caoláin

Does the Taoiseach propose legislative address of this abuse? Clearly, it is one of the areas which causes greatest annoyance.

The Taoiseach

The relevant legislation is the national infrastructural Bill, to which I have referred. The Bill will deal with a number of the underlying reasons we have difficulties in this area.

Mr. Durkan

I wish to ask about three Bills of some importance. When will the forestry amendment Bill be introduced in the House? What is the position on the NORA Bill, which is an interesting one? In view of the tensions that exist within the Government parties, what is the status of the co-operatives Bill?

The Taoiseach

While the heads of the forestry amendment Bill are being drafted, it cannot be finalised until this year's review of the strategic plan for forestry has been carried out and its findings considered. The heads of the national oil reserves agency, NORA, Bill are being prepared but the legislation will not be available until next year. There may be a change to the title of the co-operatives Bill which will update and consolidate existing legislation governing co-operatives. The Department will shortly commence a process of review and consultation with interested parties to determine the outline content of such a Bill. It is unlikely legislation will be available until at least 2005.

Ms Burton

Now that the Taoiseach has returned, will he say whether the Government intends to provide time in the autumn to debate and pass the Grangegorman agency Bill? Unless the legislation is passed by the end of the year, the cost to the Exchequer of renewal of properties by the DIT will be very high. As the Taoiseach is very interested in this project, will he give a commitment that the legislation, which is very important to the northside, will be considered early in the next session?

The Taoiseach

Yes.

Mr. Boyle

Given the continuing confusion on the status of the State Airports Bill, what is the status of the legislation promised to establish separate companies in CIE as autonomous entities? Is this still Government policy and will the transport companies Bill be produced in the House?

The Taoiseach

The heads of the Bill are expected this year and it is hoped to take the legislation in 2004.

Mr. Allen

What mechanism will the Taoiseach use to implement the recommendations of the latest Mahon report? Will we have a debate on it or legislation?

The Taoiseach

I stated here some weeks ago that I would discuss the report with party leaders. I will do so as soon as I get a chance.

Mr. Neville

When will the Prison Service Bill be introduced? Will the Taoiseach take this opportunity to update the House on the strike by doctors in the Prison Service?

An Ceann Comhairle

The first question is in order.

The Taoiseach

I do not have a date for the introduction of the Prison Service Bill which is intended to provide a statutory basis for an independent Prison Service and related matters. There are no draft heads yet.

Mr. Broughan

Is it the Government's intention to bring forward separate legislation to establish Eirgrid, the electricity national grid, as an independent company? During the coming break to which we are all looking forward, will the Government provide a facility for Deputies to have written questions answered? As the Opposition often has a terrible job to get answers from Departments, it would be useful to make that facility available. The Chief Whip might be interested in providing us with that facility this year.

The Taoiseach

While I will have to check, I do not think separate legislation is proposed on Eirgrid. The second matter formed part of the proposals for Dáil reform in which we were prepared to engage. While the facility will not be available this year, we should try to come to conclusions on the reform package.

Mr. Broughan

The Taoiseach is the Leader of the House.

Mr. Durkan

That was a great try by the Taoiseach.