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Dáil Éireann díospóireacht -
Wednesday, 24 May 2006

Vol. 620 No. 2

Order of Business.

It is proposed to take No. 12, motion re proposed approval by Dáil Éireann of the terms of the treaty concerning the accession of the Republic of Bulgaria and Romania to the European Union, back from committee; No. 13, motion re proposed approval by Dáil Éireann of the Freedom of Information Act 1997 (Prescribed Bodies) Regulations 2006, back from committee; No. 13a, motion re membership of committee; No. 20, Energy (Miscellaneous Provisions) Bill 2006 — Second Stage, resumed; and No. 3, Planning and Development (Strategic Infrastructure) Bill 2006 [Seanad] — Second Stage. It is proposed, notwithstanding anything in Standing Orders, that Nos. 12, 13 and 13a should be decided without debate. Private Members’ business shall be No. 54, motion re drug abuse, resumed, to conclude at 8.30 p.m.

There is one proposal to put to the House. Is the proposal for dealing with Nos. 12, 13 and 13a without debate agreed?

I refer to No. 13. When will the House have an opportunity to have a more wide-ranging debate on freedom of information and the comments made by the Freedom of Information Commissioner regarding those bodies which have yet to be placed on the list of bodies which are open to the Freedom of Information Act?

This matter may be discussed at a Whips' meeting this evening.

Is the proposal agreed? Agreed.

I wish to ask the Taoiseach two questions. First, last week I referred to the demise of the National Rehabilitation Board and noted the organisation had 184 members of staff in 2000. I quoted to the Taoiseach the relevant two statutory instruments. One of the employees has contested the case through the courts for six years and that case has been vindicated. Under the statutory instruments, the same statutory rights apply to the other employees who were employed by the board at that time. Will the Taoiseach indicate, whenever he receives the information, what will be the response in dealing with those outstanding claims which deal with abolition of office, pension rights and so on?

Is legislation promised?

This matter falls under the legislation of the statutory instruments which were introduced.

Second, I note that according to the legislative programme, it is expected that a Bill will be published some time this year for the development of an inland waterways authority. It will deal with the existing fisheries boards and a reduction in the numbers thereof. However, the Farrell Grant Sparks report has never been debated in the House. From my dealing with the personnel involved, it is clear that much work must be done in terms of sustaining the value and potential of the industry locally and from the perspectives of tourism and fishing.

On legislation.

Realistically, does the Taoiseach expect that the Bill will be produced and published this year? Will it happen in this session or the next?

On the first question regarding statutory instruments, I understand that someone is working on the matter. However, I will try to establish the issues and will let the Deputy know.

Work continues on the national inland fisheries authority Bill to establish the national inland fisheries authority, which will subsume the executive functions of the existing central and regional fisheries boards. It is hoped to have the Bill later in 2006.

Everyone except Members of this House appears to possess a copy of the Dalton report on Bord na gCon, or appears to have a partial, leaked version of it. One suspects the motives behind such partial leaking.

We cannot discuss the report. What is the question?

I note the Minister made two new appointments to Bord na gCon yesterday. When will Members receive the full, unexpurgated version of the Dalton report in order that they can assess what is happening and who is spinning against whom?

As I stated, we are bound by the agreement and by natural justice to provide a period and I understand that will expire next week, after which we must return to this issue. As the relevant sections of the report have been given to the relevant individuals, people did not receive the full report. Obviously, there is a battle going on for comments on this, which is unhelpful. The Minister has asked people a number of times to stop, but he has been ignored. We have been advised, given our system of natural justice, that we must allow a certain period to elapse. While we considered publication of the full report, given what was happening, we were advised not to do so. Hence, we will see the period through and will deal with the issue thereafter.

Last week I raised on the Adjournment the proposed housing miscellaneous provisions Bill and the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Noel Ahern, said that it is important legislation concerning tenant purchase and anti-social behaviour in local authority housing developments. This is important legislation for many people——

Deputy, we cannot discuss the contents of legislation but the Deputy may put a question on the legislation?

Does the Taoiseach envisage the Bill will be published and passed before the election?

There are two Bills. The housing miscellaneous provisions Bill will provide for a rental accommodation scheme and a revised tenant purchase scheme allowing for the sale of flats, as well as strengthening local authority powers to deal with anti-social behaviour. The heads of that Bill are expected shortly. Depending on when it is ready, the Bill will then be sent for drafting. It is important legislation and the heads of the Bill will be available before the summer. Thereafter it will be sent for drafting as soon as possible.

Will it be before the election?

Hopefully.

Last week, I asked the Tánaiste whether it was Government policy for health service executives to bill patients for overnight——

Deputy, this does not arise on the Order of Business.

It is under the Health (Hospitals Inspectorate) Bill.

If the Deputy has a question on the Bill he should raise it with the line Minister.

At the time, the Tánaiste assured the House that she would take steps to terminate the practice.

Deputy, it does not arise on the Order of Business.

It is still going on.

I call Deputy Durkan.

It is unacceptable that people on trolleys are being charged for the privilege.

Deputy Allen is abusing Standing Orders. I call Deputy Durkan.

In the context of promised legislation, will the Taoiseach instruct the Minister for Communications, Marine and Natural Resources to make use of the interregnum between now and the hand-over of Eircom to new management to redefine and redevelop the programme for the delivery of broadband and associated telecommunications services?

Deputy, that does not arise on the Order of Business. I call Deputy Ó Caoláin.

It does arise, under the electronic——

On the same subject, I support Deputy Durkan.

On legislation.

Yes. I refer to the electronic communications miscellaneous provisions Bill. Will it be passed before the summer break?

If everyone co-operates.

Will the Minister use the time for the purposes suggested by Members?

It will be passed this session.

Yes, but will the Taoiseach use it for the purpose which Members feel should be dealt with now?

We cannot have a debate on what might be in the Bill or what the outcome might be.

We are trying to encourage the Taoiseach.

We are on a merry-go-round.

Deputy, the correct way to do that is to submit a question to the line Minister.

On Monday, the Government signed an agreement between the European Union and Morocco to rob the fishing rights of the people of Western Sahara, a nation illegally occupied by Morocco.

It does not arise on the Order of Business. I call Deputy Gay Mitchell.

It does, if you allow me to finish the question. That decision, and indeed the hypocritical representation subsequently——

Sorry, Deputy, it does not arise. I call Deputy Gay Mitchell.

——whereby the Government affirmed our continuing recognition of the rights of the people of Western Sahara——

Sorry, Deputy, you cannot abuse the Order of Business in that fashion. I call Deputy Gay Mitchell.

Will that agreement come before this House for ratification?

The Deputy should submit a question to the line Minister.

If so when will a debate take place?

Is legislation promised?

There is no legislation.

Will the agreement come before the House?

Is a debate promised?

It will be a matter for the Whips.

Following a private Members' Bill that I published, the Tánaiste told the House that the Government would introduce legislation on votes for prisoners. Last week when I asked the Minister for Justice, Equality and Law Reform, he said that he was not aware of any such proposal. Can the Taoiseach confirm that legislation will be introduced to give votes to prisoners as was promised in the House?

The heads of the Electoral (Amendment) Bill were approved at Christmas time and the Bill is due before the House this session.

A few weeks ago I asked the Taoiseach about the broadcasting Bill and a very nice man from either his Department or the Department of Communications, Marine and Natural Resources rang and updated me immediately afterwards. Is there any more news as it is getting later?

It is time to produce the evidence.

It is the e-government Bill and I understand the Bill will be brought to a committee. Work is progressing on the Bill.

A government emeritus.

Some 18 years ago a constituent of mine bought land from the Land Commission, but the records cannot be found anywhere now. When will the land conveyancing Bill be brought before the House so that we can at least discuss it and discover where it has gone?

The land conveyancing Bill is due later this year. It will give effect to the Law Reform Commission's report on modernisation of the land laws and conveyancing law.

Further to what Deputy Rabbitte said about the Dalton report, will the Taoiseach give an assurance that the report will be discussed in the House as soon as possible? I ask the Taoiseach to carry out an investigation into the leaks that the media stated came from Government sources.

The second question does not arise on the Order of Business.

It is very important.

I suggest that the Deputy submit a question and deal with it in the appropriate way.

It is obvious that the person being targeted is the chairman of Bord na gCon.

I ask the Deputy to desist.

What is happening in the media regarding Bord na gCon is very unfair.

We cannot have a debate on the matter. I will allow the Deputy's first question, which is really a repeat of Deputy Rabbitte's question.

The Taoiseach should intervene in this whole debacle. It is selective leaking to a number of papers and it is very unfair.

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