Dáil Éireann díospóireacht -
Thursday, 13 Mar 2008

Vol. 650 No. 2

Order of Business.

Minister for Arts, Sport and Tourism (Deputy Séamus Brennan)

It is proposed to take No. 11b, motion re membership of committees; No. 11a, motion re orders of reference of committee; and No. 15, Student Support Bill 2008 — Second Stage (resumed).

It is proposed, notwithstanding anything in Standing Orders, that business shall be interrupted on the conclusion of questions to the Minister for Arts, Sport and Tourism until 2.30 p.m. on Wednesday, 2 April; Nos. 11b and 11a shall be decided without debate; and Question Time shall be taken at 2 p.m. for 75 minutes and in the event of a private notice question being allowed, it shall be taken after 45 minutes; and the order shall not resume thereafter.

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal that the Dáil shall adjourn on the conclusion of Question Time until 2.30 p.m. on Wednesday, 2 April agreed?

Deputy Richard Bruton

While I do not intend to divide the House on this issue, yesterday 20 Ministers were already abroad on so-called St. Patrick's Day duty and today 27 Ministers are already abroad. This is not a question of taking a brief recess to attend functions. We are now seeing Ministers leaving their Dáil duties for three weeks at a stretch. This is not the way business should be done here. We all accept that people need to attend important events. The taxpayer may look on and ask whether it will make any difference to have all these Ministers absent but the trouble is they will have some carbon offset headache to pay for when they come back. This is getting somewhat out of hand. Traditionally, the House always sat in Holy Week. The Government is continually fraying the edges and not respecting the House in the way it should. We have had no legislation for much of the period of this Dáil term and now Ministers skive off at the first opportunity. We need to take a look at ourselves. Resources are short. We should be using our time more effectively.

Deputy Michael Ring

It is like a Government in exile. Look at what is left behind to run the country.

Deputy Willie O’Dea

It could be worse. It could be the Deputy.

An Ceann Comhairle

Iarraim ar cheannaire an Lucht Oibre, an Teachta Gilmore.

Deputy Michael Ring

To have them running the country, God help it. We have them here. It is a disgrace. We were told years ago that without the dual mandate there would be more sittings. We should be sitting in America because that is where Ministers are. The Government is in exile, running away all the time.

An Ceann Comhairle

We must proceed.

Deputy Michael Ring

It is a disgrace. The people are sick of it. They are acting like dictators.

An Ceann Comhairle

There should be no more interruptions.

Deputy Fergus O’Dowd

They are acting like princes.

Deputy Michael Ring

God help the country.

Deputy Willie O’Dea

What if Deputy Enda Kenny was in charge?

An Ceann Comhairle

Unless Deputy Ring has a tip for Cheltenham, I ask him not to intervene.

Deputy Michael Ahern

It could be the Deputy. He should buy a lotto ticket.

Deputy Eamon Gilmore

There has been much comment in the past couple of days about the number of Ministers who are travelling abroad to attend St. Patrick's Day functions and how far they are travelling and so on. My view is that the St. Patrick's Day events are of enormous value to this country. That the country is the focus of attention on a worldwide basis for a day or two is of value, and it is of value that the Government is represented at such events. However, there is evidence that some members have been tearing the rear end out of it. Attention needs to be given to that issue.

With regard to the proposed recess, that St. Patrick's Day and Easter fall together is a rather unusual calendar coincidence. My main concern about recesses is not so much the forthcoming recess but the unreasonable recesses the House takes, at the Government's insistence, at Christmas and during the summer. While I do not propose to make a fuss about the manner in which the Easter recess falls this year, I give notice that if the Government has in mind that the House will rise at the beginning of July and not sit again until the end of September, the Labour Party will create one hell of a fuss.

Deputy Caoimhghín Ó Caoláin

At this time of year, around St. Patrick's Day, we have an opportunity to attract international attention and focus on this island's global role and potential. In participating in this Ministers play an important and valuable role, which must be acknowledged. The unusual coincidence of St. Patrick's Day and Easter falling in the same week has given rise to the proposal before us. My concern is that not all Ministers may be participating in legitimate representative roles internationally. I wonder if any of them are at a popular race meeting on the neighbouring island.

(Interruptions).

Deputy Caoimhghín Ó Caoláin

Clearly, we are in very good hands with the three amigos on the Government Front Bench, the Ministers for Arts, Sport and Tourism; Defence; and Communications, Energy and Natural Resources. I welcome the Minister for Arts, Sport and Tourism back to the House. Clearly, he is in much improved health and I extend best wishes to him for the future.

An Ceann Comhairle

Iarraim anois ar an Teachta Ó Braonáin na ceisteanna sin a fhreagairt.

Deputy Séamus Brennan

Many events are held before St. Patrick's Day, the reason many of my colleagues have already left for their destinations.

Deputy Fergus O’Dowd

The Minister cannot join them because his annual budget has been spent.

Deputy Séamus Brennan

St. Patrick's Day presents an ideal opportunity to tell Ireland's investment and tourism stories. Successive Governments have found it valuable for Ministers to travel abroad and keep engagements to tell Ireland's success story.

Deputy Emmet Stagg

Will they also tell St. Patrick's story?

Deputy Michael D. Higgins

Let us not forget the snakes.

An Ceann Comhairle

I must ask again if the proposal that the Dáil shall adjourn on the conclusion of Question Time until 2.30 p.m. on Wednesday, 2 April agreed to. Agreed. Is the proposal for dealing with Nos. 11a and 11b without debate agreed to? Agreed. Is the proposal for dealing with Question Time agreed to? Agreed. I call Deputy Bruton on the Order of Business.

Deputy Richard Bruton

While I have heard of downsizing government, to see two small Ministers, Deputies Brennan and O'Dea, running the Government for the next two weeks is a positive development and I am all in favour of it.

Deputy Michael Ring

The Minister, Deputy O'Dea, will have no time for writing next week.

Deputy Richard Bruton

I note that much of the justification for 34 Ministers travelling abroad is to promote tourism. Is this a case of successful delegation on the part of the Minister for Arts, Sport and Tourism, Deputy Brennan, or, having lived like a Saudi prince last year, has his welcome been outlived?

Deputy Séamus Brennan

It is a bit of both.

Deputy Richard Bruton

On a more serious issue, we have heard the Chief Whip and Minister of State, Deputy Tom Kitt, and the Taoiseach thinking aloud on legislation. The Minister of State indicated that changes were possible on penalty points. On the relevant legislation, of the 88,000 who ignored penalty points issued to them last year, only 17% were successfully prosecuted. The vast majority of this group are successfully ignoring penalty points.

On intoxicating liquor legislation, only 14 people have been prosecuted for selling drink to minors and 75% of those issued with fines for drinking in public places ignored them. Of these, only one in 200 was prosecuted for failure to pay the fine. Is it not time for more order and less law and enforcement of the laws in place rather than dreaming up new laws to grab headlines? The House continually passes laws which are not enforced.

On the cutbacks rumoured for later this year——

An Ceann Comhairle

We cannot discuss that issue now, as the Deputy well knows.

Deputy Richard Bruton

What role will the Dáil play in this matter? Will Supplementary Estimates be introduced withdrawing funds or veering them from——

An Ceann Comhairle

The questions are not relevant to the Order of Business.

Deputy Richard Bruton

On another issue, the Government has indicated that annual reductions in carbon emissions of 3% form part of the programme for Government. Today, we learn that the Taoiseach is fighting against the European Commission's proposal to implement less than half this figure by 2020.

Deputy Eamon Ryan

Who said that?

Deputy Richard Bruton

Will we see legislative proposals, as advocated by certain Ministers, to give legal effect to the Government's intentions on energy emissions?

Deputy Séamus Brennan

The intoxicating liquor Bill will be introduced late this year. The second issue raised by the Deputy will be dealt with in the road traffic Bill which is to deal with a number of road safety and road traffic issues arising from the road safety strategy. This legislation is being drafted and should be published in the course of the year. I will have to make inquiries concerning the final issue raised by the Deputy.

Deputy Richard Bruton

The Minister could ask the Minister beside him.

Deputy Eamon Ryan

The Government continues to show support for European Union targets which would bring us to the 3% figure.

Deputy Richard Bruton

That is not what is being said.

Deputy Eamon Ryan

That is the exact position.

An Ceann Comhairle

The issue is not relevant to the Order of Business.

Deputy Richard Bruton

Will the 3% figure be made a legal obligation?

An Ceann Comhairle

The Deputy and the Minister can have a chat about the issue afterwards.

Deputy Eamon Gilmore

No. 48 on the legislative list is the electoral (amendment) Bill to revise Dáil and European Parliament constituencies in the light of the constituency commission's report. Does the Government intend to legislate for the implementation of the published report?

Deputy Séamus Brennan

I understand the legislation will be published in the next session.

Deputy Eamon Gilmore

I have seen a copy of a communication issued by Fianna Fáil Deputy Michael Kennedy to one of his constituents in respect of the revision of the Dublin North constituency. Deputy Kennedy states that if Fine Gael and the Labour Party kick up a fuss, Fianna Fáil will be willing to refer the report of the constituency commission back to it for review.

Deputy Kieran O’Donnell

Was that a leaflet drop?

Deputy Fergus O’Dowd

G. V. set him up.

Deputy Eamon Gilmore

The communication continues: "If Enda Kenny and Eamon Gilmore came out strongly against it, I am certain Bertie Ahern would gladly refer the proposals back."

An Ceann Comhairle

Deputy Kennedy's correspondence and travails are not relevant to the Order of Business.

Deputy Emmet Stagg

The issue is related to legislation.

Deputy Eamon Gilmore

I want to know if Deputy Kennedy's sentiments reflect Government thinking.

An Ceann Comhairle

The Deputies should have a chat about it.

A Deputy

It is an important matter.

An Ceann Comhairle

It may be but the House cannot discuss it now.

Deputy Eamon Gilmore

I would like to know what the Government would like me to kick up a fuss about. If I kick up a fuss about something, will the Government change it? Deputy Kennedy has indicated the report will be referred back to the constituency commission if Deputy Kenny and I kick up sufficient fuss about it. Is that the position?

An Ceann Comhairle

There is only one way of finding out.

Deputy Bernard J. Durkan

As the Ceann Comhairle will agree, the answer to that question will be interesting. On a serious matter——

Deputy Michael Ahern

That would be a change.

Deputy Bernard J. Durkan

——I would like to give the Ministers who remain an opportunity to make a landmark decision in respect of organised crime, an issue I have raised previously. The Taoiseach and the Tánaiste indicated that legislation on this matter would be brought forward. Unfortunately, organised crime is accelerating rather than declining. Given the seriousness of the issue, will the Minister indicate whether the criminal justice confiscation orders Bill and the extradition Bill are likely to be introduced as a matter of urgency to focus the attention of the House on an issue being talked about by everybody outside?

Deputy Séamus Brennan

I think the Deputy is talking about the criminal justice miscellaneous provisions Bill, which is due to be published in mid-2008. The heads of the Bill have been approved by the Government. It was necessary to undertake a restructuring of this Bill to make provision for other matters and requirements, many of which the Deputy has mentioned, and to take a broader view.

Deputy Seymour Crawford

In February last year the Minister for Health and Children guaranteed that she would bring a nursing home support Bill before the House and that it would be dealt with before Christmas. She then promised it would be dealt with this session. We are now in the dying hours of this session and there is no sign of that Bill. Can the Minister tell us when that Bill will be brought forward and if it has been approved by the Cabinet because it is causing serious problems for people?

In the same context, with the type of information we are getting from the Health Service Executive, and the Minister, when will the health information Bill be introduced to control the type of information we are getting in terms of whether it is the truth?

Deputy Séamus Brennan

The health (long-term residential care) services Bill will be published next session. The heads of the Bill have been approved by the Government. As the Deputy is aware, it is complex legislation but it will be ready during the next session.

Deputy Richard Bruton

Has it been through the Attorney General's office?

Deputy Michael D. Higgins

I want to clarify something about forthcoming legislation. I asked the Taoiseach more than once whether it was the Government's intention to implement the promise in the White Paper on foreign policy to ratify the United Nations convention against all corruption. My best recollection is that the Taoiseach said the two Bills for which the Department of Justice, Equality and Law Reform is the lead Department would be ready and therefore Ireland would be in a position to ratify the convention. On the pink list of legislation, No. 15 refers to the prevention of corruption amendment Bill, which enables the Government to sign up to the guidelines of the OECD on corruption but does not enable the convention to be ratified. I ask the question I asked in the previous session. Is it the Government's intention to ratify the United Nations convention against all corruption as promised in the Government White Paper on foreign policy and, if so, when?

Deputy Séamus Brennan

I take the point the Deputy makes about ratification. The publication date I have is next session, the middle of April. That is the prevention of corruption amendment Bill, with 23 heads. As to the ratification, I will have to get more information from the Deputy on that.

Deputy Michael D. Higgins

To be of assistance to the Minister, I believe the Taoiseach inadvertently misled the Dáil regarding ratification of the UN convention against corruption. In previous answers he said there were two Bills for which the lead responsibility was the Department of Justice, Equality and Law Reform, which would enable the convention to be ratified. The Minister has just referred to the publication of the prevention of corruption amendment Bill, which was promised for this session but will be brought forward next session. However, that Bill is not sufficient to ratify the UN convention. I need to establish this as a fact. The non-governmental organisations are running a campaign on this issue; I ran a campaign on it about two years ago. The Taoiseach should either clarify what I believe he told the Dáil — if I am wrong I will be glad to hear it — and what the Minister has just said. I am simply saying that the prevention of corruption amendment Bill facilitates signing up to the OECD guidelines. It does not enable ratification to take place. What is contained in the White Paper is simple; I understand it is also in the Government programme. It states that the Government will ratify the United Nations convention against all corruption. Will it ratify the convention and, if so, when will it happen? When will the two Bills that have been lingering in the Department of Justice, Equality and Law Reform be ready? Will it be ratified next session?

An Ceann Comhairle

Can the Minister assist in this matter?

Deputy Séamus Brennan

The Deputy is correct. There are two Bills. The first one is the Criminal Justice (Mutual Assistance) Bill, which completed Committee Stage in the Dáil on 21 January. That is one of the Bills to which the Deputy refers. That Bill will enact certain of these necessary measures. The remaining requirements will be dealt with in the Bill I referred to earlier, the prevention of corruption amendment Bill, which is at an advanced stage of preparation and will be published in the middle of the next session. I understand both of those Bills are required to ratify the convention.

Deputy Michael D. Higgins

Will we then ratify the convention or signing up to the OECD guidelines, or both?

Deputy Séamus Brennan

I will have to clarify that. I understand that the passing of both those Bills ratifies the convention but I will have to check that.

Deputy Michael D. Higgins

I thank the Minister.

Deputy Caoimhghín Ó Caoláin

Ag beagnach deireadh Seachtain na Gaeilge, ba mhaith liom ceist a chur faoin teanga. We are almost at the end of Seachtain na Gaeilge. In the course of this week why did we not facilitate, as happened previously, a specific debate on the Irish language? Will that be facilitated on the resumption of the Dáil post Easter? I appeal to members of goodwill within the Government parties to facilitate an opportunity that is not designed to allow those who have great competency and fluency to demonstrate their skills but one that would allow each of us to participate out of goodwill in trying to identify the measures and new usage we can employ here to encourage a greater national use of our first language. Ba mhaith liom mo chomhgairdeas a gabháil leis an Ceann Comhairle as an méid Gaeilge atá in úsáid aige ón chathaoir.

An Ceann Comhairle

Go raibh míle maith agat a Theachta, ach níl sin in ord.

Deputy Caoimhghín Ó Caoláin

Will such a debate be facilitated post the resumption? Surely we can——

An Ceann Comhairle

It is a matter for the Whips.

Deputy Séamus Brennan

It will be facilitated.

An Ceann Comhairle

Yes, it will be facilitated.

Deputy Caoimhghín Ó Caoláin

It will be facilitated. Tá sin i bhfad níos fearr.

An Ceann Comhairle

Tá sé i bhfad níos fearr, ach níl sé in ord.

Deputy Tom Hayes

Will the Minister indicate if amended legislation on broadband is proposed? I ask the question because there is a crisis in many small towns and villages throughout the country——

Deputy Bernard J. Durkan

Hear, hear.

Deputy Tom Hayes

——regarding the issue of broadband. I have in my possession letters from four companies in my constituency that will move jobs totalling 150 in the next few months if broadband is not provided in their local villages. We have had commitments and statements but there has not been any movement on this issue.

An Ceann Comhairle

That is not in order.

Deputy Bernard J. Durkan

It is in order.

An Ceann Comhairle

Not at all.

Deputy Bernard J. Durkan

It is.

An Ceann Comhairle

I will decide what is in order. That is why I am here.

Deputy Tom Hayes

If legislation is not proposed I ask that time be set aside when the Dáil returns to discuss this important issue.

An Ceann Comhairle

That is a matter for the Whips.

Deputy Bernard J. Durkan

The Minister wants to answer the question.

Deputy Tom Hayes

I want to ask about amending legislation also.

An Ceann Comhairle

There is no legislation promised in this area.

Deputy Séamus Brennan

There is no legislation promised. Legislation related to ComReg was brought forward earlier last year which dealt with a number of the issues the Deputy raised.

Deputy Bernard J. Durkan

So nothing will happen. Lethargy.

Deputy Jan O’Sullivan

I want to ask about the adoption Bill to bring into force the convention on inter-country adoption. It is on the pink list which means it should be published this term. That Bill has been in the pipeline for the past ten years. Will it be published before the start of the next term?

Deputy Séamus Brennan

I understand it will be published next session.

Deputy Joan Burton

The Dublin transport authority Bill has been promised for a long time. Dublin buses, particularly those travelling from Swords into Dublin, are precluded from using the port tunnel, which would save half an hour's journey time. Without a Dublin transport authority Bill it appears only private bus operators will be allowed use the Dublin port tunnel and Dublin Bus buses such as the No. 40 bus from Swords will be banned from using the tunnel.

An Ceann Comhairle

We cannot discuss the No. 40 bus now.

Deputy Joan Burton

Apparently we need clarification as to whether Dublin Bus can use——

An Ceann Comhairle

On the legislation only.

Deputy Joan Burton

The port tunnel was paid for with tens of millions of euro of taxpayers' funds.

An Ceann Comhairle

I know.

Deputy Joan Burton

The main bus company for the city is Dublin Bus but it cannot use the port tunnel and it is an extra three quarters of an hour from Swords on a bad day's travel.

An Ceann Comhairle

The Deputy cannot raise this on the Order of Business.

Deputy Joan Burton

It takes half an hour on a good day.

An Ceann Comhairle

The Deputy cannot raise this on the Order of Business.

Deputy Joan Burton

We are barring Dublin Bus customers from using the Dublin Port tunnel.

An Ceann Comhairle

The Deputy cannot raise this on the Order of Business. I call the Minister to respond on transport legislation.

Deputy Séamus Brennan

The Dublin transport authority Bill will be going to Government in early April and published shortly thereafter.

An Ceann Comhairle

I call Deputy Timmins.

Deputy Joan Burton

I have a second Bill I want to raise. I have asked about it before and I am minding it like a baby because people are waiting on it. Where is the property management services agency Bill to deal with management companies?

Deputies

Hear, hear.

Deputy Joan Burton

Tens of thousands of young people have bought homes but they are in a legal limbo regarding the management of their properties. The Government keeps promising but does nothing. Those three lads on the front bench — the Minister for Arts, Sport and Tourism, Deputy Brennan, the Minister for Defence, Deputy O'Dea and the Minister for Communications, Energy and Natural Resources, Deputy Ryan — could get up and do something about it, even if they are the only three Cabinet members left in the country.

Deputy Emmet Stagg

It is not as if they did not have the chance to do so.

Deputy Willie O’Dea

We have had more of a chance than the Deputy.

Deputy Séamus Brennan

The property services regulatory authority Bill will be published later this year.

Deputy Emmet Stagg

It was promised for January 2008.

Deputy Billy Timmins

I do not know if the Minister for Arts, Sport and Tourism saw the documentary, "Fairytale of Kathmandu", during the week but it threw up some disturbing issues. One of these was the wider issue of the sexual exploitation of children in underdeveloped countries.

An Ceann Comhairle

Is the Deputy going to ask a question on legislation?

Deputy Billy Timmins

I will, if the Ceann Comhairle gives me the opportunity.

An Ceann Comhairle

I will.

Deputy Billy Timmins

I am struck by the reluctance of modern Ireland — perhaps epitomised by the Ceann Comhairle — to put the head above the parapet and seek a discussion on this issue, lest we be accused of homophobia.

An Ceann Comhairle

The Deputy must ask a question on legislation.

Deputy Billy Timmins

In conjunction with the Chief Whip, will time be given in the next session to debate the sexual exploitation of children, particularly in underdeveloped countries? It is an exploitation that it is assisted by many people who leave these shores on a weekly basis.

An Ceann Comhairle

That is a matter for the Whips and we cannot deal with it on the Order of Business.

Deputy Séamus Brennan

The Whips can discuss it.

Deputy Michael Ring

Two weeks ago a constituent of mine was killed on a railway crossing. I note the Order Paper includes the European Communities (Railway Safety) Regulations 2008. There are 230 railway crossings across the country. It is a health and safety issue. Families are seeking the erection of automatic barriers and the installation of flashing lights at these crossings. If not, others will be killed on them.

An Ceann Comhairle

Does the Deputy have a question on legislation?

Deputy Michael Ring

Is the installation of these safety devices to protect people's lives part of the EU regulation? Last fortnight, a life was lost on one of the 230 level crossings. We do not want any more lives lost on these crossings. We want Irish Rail to provide for the installation of automatic barriers and flashing lights.

An Ceann Comhairle

This concerns secondary legislation and cannot be raised on the Order of Business.

Deputy Séamus Brennan

This is secondary legislation concerning EU regulations. I will ask the Minister for Transport to revert to the Deputy.

Deputy Jimmy Deenihan

Will the Minister facilitate a debate on Chad and concerns over the UN mission there when the Dáil resumes?

An Ceann Comhairle

That is not in order, Deputy.

Deputy Paul Kehoe

Why is the Minister for Defence, Deputy O'Dea, nodding his head?

Deputy Jimmy Deenihan

We have been waiting some time for the Irish sports council (amendment) Bill, one area of the Minister's responsibility. As the Bill has not been published, the work of the Irish Institute of Sport is being held back and it is not as effective as it would like. When will the Minister introduce the Bill to the House?

Deputy Séamus Brennan

I am on Question Time today, so I will be able to expand on the legislation. There are complications to do with the establishment of subsidiaries.

The Whips are well disposed to a debate on the Chad mission.

Deputy Joe Costello

What is the progress of the national monuments Bill, which is the responsibility of the Minister? Designated national monuments are going to wrack and ruin because of the lack of adequate and modernised legislation in this area.

What is the position of the legislation, which may be relevant to the House at times, to deal with noise pollution? Perhaps that will be introduced in the next session?

Deputy Séamus Brennan

The national monuments Bill will be published in 2009. The heads of the Bill were approved by the Government in October 2001.

The noise Bill will bring into effect comprehensive legislation to address noise pollution. I do not have a date for its publication, so I will revert to the Deputy on it.

Deputy Eamon Gilmore

I would not be surprised if we did not have that Bill by 2009.