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Seanad Éireann díospóireacht -
Wednesday, 6 Mar 1985

Vol. 107 No. 8

Order of Business.

It is proposed to take items Nos. 1, 2 and 4. No. 2 will be taken if No. 1 is finished before 5.30. No. 4 will be taken if No. 1 is finished before 6.30 and would be taken from 6.30 to 8 p.m. Since I have mentioned times, I would point out to you, Sir, that our clock is not completely in order. It may have caught the habit of some of the Senators of not being entirely in order and I trust that the time will be governed by your watch, which you will ensure keeps running.

I have the clock in front of me. Somebody is going to repair this clock. Thank God we can get the clock repaired.

It is very kind of the Leader of the House to indicate that item No. 2 will be taken if item No. 1 is completed. I am sure he meant it sincerely. However, the reality is that if we do reach it, it will be around midnight. Will somebody inquire, in light of the fact that the Taoiseach waxed eloquently at the launching last Thursday of this book about the problem of homelessness, when if my Bill is not to be debated, the Government's legislation is going to be produced? I know of no Private Members' Bill, in either House of the Oireachtas, even on the most controversial of subject which has been so maltreated as this Bill of mine. It is now on the Order Paper for almost two years. We have discussed it for seven hours in two years. Members of the House wish to address the subject. There are differing views. Many people have very strong views about the inappropriateness of the Bill and yet since Christmas, apart from a short speech from the Deputy Leader of the House on the inadequacies of the Bill under another heading, we have heard nothing on it. Can we assemble tomorrow? Can we make provision on a Thursday, or can we have some time to complete this Bill? If the Government do not wish to take it then they have the majority in this House to vote it down. If they wish to accept it, then let us get on with it. Can we please stop pretending? It is getting beyond a joke.

Were it not for the fact that there is another important Bill which needs to be completed I would call a division to have item No. 2 taken first. In consideration of the importance of the other issue I will not. I respectfully suggest that in the longer term item No. 2 is of fundamental importance. I know that the Government and, indeed, part of the Opposition party, are in sympathy with the objectives of the Bill. It is a mystery to me, since everybody agrees with the principles, why we cannot discuss the Bill. Can we have a specific indication of when this Bill will be discussed? I am getting even beyond my apparent boundless patience.

I would like to endorse what Senator Ryan said. Item No. 2 is not the only Private Members' Bill on the Order Paper. No. 13 is also on the Order Paper, for which the Government are not giving time. We spent two evenings discussing this with the Minister for Justice but he has given us no indication what the Government's attitude to the abolition of capital punishment is. I would like the Leader of the House to tell us what the attitude of the Government is to Senator Ryan's Bill on homeless persons and to my Bill on capital punishment and if the Government will give us time specifically to discuss each Bill or whether they are kicking both to touch? These are very important Bills. They are not Government Bills but now that we have discussed them there is no point of leaving them in limbo.

Senator Brendan Ryan asked me a direct question: can he be told exactly when this Bill will be taken and completed. The straight answer to that is no. I cannot give an answer to that question. No Leader of the House could possibly guarantee that priority will be given for an indefinite time to Private Members' Business. The situation in regard to these two Bills is that they have been put down by Independent Members. The situation is that more time is being given to Private Members' Business in the current Seanad probably than at any time in the history of this House. It is a matter of regret that we have not been able to advance these Bills further. The situation is that we have been ordering the Housing (Homeless Persons) Bill, 1983 regularly since Christmas. I regularly take out the notes for a speech which I prepared some time ago and blow the dust off them. I want to make that speech before this Bill is concluded but as Leader of the House I cannot possibly order it ahead of Government business.

In regard to item No. 13, this was made a priority by the Independent Members' group and taken in Private Members' time. This is the appropriate machinery. That time is made available. The Independent Members decided this was a priority. When their turn comes again to be allocated three hours of the time of this House, they can then decide they want to continue with the Independent Bill, item No. 13, or to ensure discussion of the Independent Bill under item No. 2 by indicating that either of those will be taken. In the meantime, if there is time available from Government time it will be made available for item No. 2. Meanwhile, I can assure the House that anxieties expressed by Senators in regard to the question of Government legislation, the agreement on the heads of the Bill and the drafting of a Housing Bill that would deal with this problem are regularly conveyed to the Department of the Environment.

On that particular point, it is very unusual that the two major proposed Bills are coming from Independent Members of the House and the Government have not decided yet on the Housing (Homeless Persons) Bill, 1983, introduced by Senator Ryan, or the Criminal Justice Bill introduced by Senator Ross. The Government are going along with both of these particular measures but they are not coming forward with legislation. They are sitting back and letting Independent Senators take the flak.

Government legislation is virtually nil. We have the Health (Family Planning) (Amendment) Bill, 1985. The other two major Bills before the House are the Canals Bill, a means of transferring canals from CIE to the Office of Public Works, which in terms of the environmental protection is a very good Bill, and National Archives Bill, 1985. Last week we were told that the Taoiseach wants to introduce the National Archives Bill, 1985 in this session. While I am totally in line with the Taoiseach's view in terms of the protection of our archives, I do not think this is a major Bill. Is it any wonder that the Independent Senators are bringing forward Bills? They are transferring their motion time into Bill time and asking the Government to react to what are particular items of public interest.

I know the Leader of the House has the interest of this House at heart and that he has always protected the interests of this House. Unfortunately the Government do not seem to be giving him the backing in bringing forward legislation. There does not seem to be any legislation of any relevance dealing with the problems we have at present coming forward.

I feel you must allow me to respond to that lengthy interlude.

I must say I was caught. I thought Senator Lanigan was going to resume on item No. 1. I will certainly have to allow the Senator to reply.

If the amount of legislation coming forward was nil, there would be no difficulty about taking item No. 1 or item No. 13. Having been ordered, they would be taken. If Senator Lanigan's anxiety is such as to drive him to be disorderly and to express these views in this way there is quite a simple remedy. The Fine Gael group previously gave some of their Private Members' time to the Housing (Homeless Persons) Bill. Senator Lanigan could follow that example because it will be Fianna Fáil's turn next in Private Members' time, before the Independents. If he feels strongly that these Bills should come forward he has an opportunity to ensure that they do.

On a point of procedural order concerning a notice for a motion on the Adjournment such as we have had today, if the Seanad sits tomorrow, do I have to re-apply in writing or is it accepted that it is a carryover from today?

The Senator must notify my office before 3 o'clock.

Order of Business agreed to.
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