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Dáil Éireann - Volume 484 - 09 December, 1997

Order of Business.

The Taoiseach: It is proposed to take No. 3, motion re. appointment of Joint Committee on Standing Orders; No. 4, Supplementary Estimate, Vote 34; No. 5, motion re. Double Taxation Relief (Republic of Lithuania) Order, 1997; No. 6, motion re. Double Taxation Relief (Republic of Latvia) Order, 1997; and No. 13, financial motions by the Minister for Finance (resumed). It is also proposed, notwithstanding anything in Standing Orders, that Nos. 3, 4, 5 and 6 shall be decided without debate and any division demanded on No. 4 shall be taken forthwith. Private Members' Business shall be No. 23, motion re Irish Rail service.

An Leas-Cheann Comhairle: Are the proposals for dealing with Nos. 3, 4, 5 and 6 agreed to?

Mr. J. Bruton: No. 3 relates to a proposed Joint Committee on Standing Orders. We should not agree to that proposal without getting clarity about the grouping of parliamentary questions. This is the first time such a practice has been permitted by the Ceann Comhairle. It was never allowed in previous Dála. The practice allows Ministers to cherry pick the questions they wish to answer and ignore the questions they do not wish to answer. It involves treading on the rights of Members in a way that is unprecedented. [501] Will the Leas Cheann-Comhairle agree, pending consideration of this matter by the Joint Committee, not to proceed with this practice at future Question Times?

An Leas-Cheann Comhairle: I will be happy to facilitate the Members in that regard. Is the proposal to deal with Nos. 3, 4, 5 and 6 agreed? Agreed.

Mr. J. Bruton: Will the Taoiseach outline the arrangements he proposes to put in place to report to the House on the forthcoming European Summit with particular reference to the discussions he must have with the British Prime Minister about the interference with the right of Irish people to export to the continent of Europe through Britain and the advertising in Britain, against all canons of free trade, against the use of Irish goods, which is contrary to the Treaty of Rome? What action does the Taoiseach propose to take to deal with this matter? Has the Minister for Public Enterprise met, as she promised, the European Commissioner for Transport, Mr. Kinnock?

The Taoiseach: As always, I will report to the House on next week's European Summit according to arrangements to be agreed by the Whips. I will raise the issue mentioned by the Deputy with the British Prime Minister again towards the end of the week, although I hope more progress will be made by then. The Minister for Public Enterprise will have a meeting with Mr. Kinnock on Thursday.

Since last week the Government used every source available to it in this regard. I raised the issue during a telephone conversation with the British Prime Minister, as I promised the House. The Minister for Agriculture and Food travelled to London to meet his counterpart, Dr. Jack Cunningham. We have been in touch with Commissioner Monti who made clear his position on the control of the internal market and the rights of people to move goods in that market. We have also raised the issue with Commissioner Fischler, who has written to Dr. Cunningham.

The British Minister with responsibility for the internal market, Lord Simon, has been contacted and has made statements. The Minister of State, Deputy Kitt, has also been in touch with Commissioner Monti to express the Government's deep concern about this issue. The Irish Embassy in London has been in contact with the various British authorities each day and the Ambassador raised the matter with Michael Packenham, the Deputy Secretary in the Cabinet Office, when the blockade started and has continued to do so. The Minister for Foreign Affairs raised the matter with the British Foreign Secretary——

Mr. Finucane: Softly, softly.

The Taoiseach: ——at a useful meeting yesterday. It will be raised at the Transport Council and the Minister for Agriculture and Food arranged [502] for the matter to be discussed at the Agricultural Council meeting in a few days time. The issue has been raised through all sources and we will continue to do so.

Mr. Quinn: Does the Taoiseach intend to put forward amendments to the terms of reference establishing the Flood tribunal, regarding the difficulties Mr. Justice Flood is having in finding suitable personnel to operate it?

The Taoiseach: There are no amendments to the draft terms of reference. I hope the Minister for Finance and the Attorney General can resolve this matter. Concern has been expressed in this House about the cost of fees. We want the best personnel but the State should not have to pay exorbitant fees. We are trying to resolve the matter amicably with the parties concerned.

Proinsias De Rossa: I understand the Minister for Justice, Equality and Law Reform has indicated his intention to amend the Refugee Act. Will the Taoiseach indicate what form these amendments will take and when they will be brought forward, given the Act has not been implemented because of the current challenge to it in the courts? Will he indicate his willingness to ensure the age restriction obstacle will be removed?

When does the Taoiseach intend to ratify the United Nations Convention on the Elimination of All Forms of Racial Discrimination? When will we have the debate on racism promised by the Taoiseach?

The Taoiseach: That debate will take place in the new year. The convention will be circulated shortly as there are still some outstanding issues to be dealt with.

The Minister for Justice, Equality and Law Reform said he is bringing forward amendments to the Refugee Act. I am aware some of these involve the use of more than one Commissioner. The Minister has not finalised his work on the amendments and I am not sure when they will be brought forward.

Proinsias De Rossa: When will the racism debate take place?

The Taoiseach: In the new year.

Mrs. Owen: There was no discussion on this.

Mr. J. Bruton: It was agreed in the House there would be discussion between Government and Opposition parties with a view to agreeing a motion on the subject of racism so that the House would make a united statement about its abhorrence of racist phenomena in Ireland. Is the Taoiseach aware there has been no consultation with the Opposition parties? When will this consultation begin? Will the Taoiseach indicate when he expects a debate to take place?

[503] The Taoiseach: I asked the Chief Whip to resolve this matter with the Whips tomorrow night. It is a question of including a debate in business before the end of the session if possible. If not, it will take place in the new year.

Mr. J. Bruton: There was no consultation about the terms of the motion ——

An Leas-Cheann Comhairle: We cannot have a debate on the issue.

The Taoiseach: We will do it tomorrow.

Mr. G. Mitchell: Will the Taoiseach tell the House when the agreed debate on Partnership for Peace will take place?

An Leas-Cheann Comhairle: That does not arise on the Order of Business.

Mr. G. Mitchell: The Minister indicated to the House there would be a debate.

An Leas-Cheann Comhairle: That does not arise on the Order of Business. The Deputy may table a question on the issue.

Mr. G. Mitchell: The Minister promised to make time available for a debate. Is it not in order to ask when that debate will take place? I will ask the question again tomorrow and, perhaps, the Taoiseach can inquire about it in the meantime.

Mr. Gormley: When does the Government intend to introduce legislation to empower the Food Safety Authority, given continuing public concern about food safety, particularly beef on the bone? Does the Taoiseach agree this is a matter of urgency?

The Taoiseach: That legislation will be introduced in mid-February.

Mr. Higgins (Dublin West): Regarding the decision of the Dáil to establish a planning tribunal, and the implementation of it, will the Taoiseach clarify the conflict between his perception

An Leas-Cheann Comhairle: That matter does not arise on the Order of Business. The Deputy may table a question.

Mr. Higgins (Dublin West): The question is about the implementation of a decision of the Dáil ——

An Leas-Cheann Comhairle: I know what the question is, the Deputy has asked it. It does not arise on the Order of Business.

Mr. Higgins (Dublin West): You allowed a question from Deputy Quinn on the matter and the Taoiseach answered it.

[504] An Leas-Cheann Comhairle: He dealt with the issue as it should be dealt with on the Order of Business.

Mr. Higgins (Dublin West): I am raising the matter in exactly the same manner but I am asking the Taoiseach to clarify what the judge said.

An Leas-Cheann Comhairle: I call on Deputy Jim Higgins and I ask Deputy Joe Higgins to resume his seat when the Chair is on his feet.

Mr. Higgins (Dublin West): The Chair is being most unfair.

An Leas-Cheann Comhairle: I do not accept that.

Mr. Higgins (Mayo): Following the announcement by the Minister for Justice, Equality and Law Reform in Limerick yesterday that he proposes to introduce amending legislation to the Criminal Justice (Drug Trafficking) Act, 1996

Mr. D. Ahern: That is another fine mess you got us into.

Mr. Higgins (Mayo): ——has a date been set for its introduction? In the light of the Minister's statement to the House last week that he misinformed the House regarding the appointment of District Court judges, is he satisfied that all warrants issued to date under this legislation were by duly authorised judges?

The Taoiseach: The second question is a matter for the Minister. The Minister referred to the amending legislation last week. He is working on the legislation and will introduce it in the new year.

Mr. Howlin: Is the local government funding Bill being proceeded with by the Government? When will it be published? Will the Bill contain a decision on the timing of the local elections?

Following the occurrence of seven deaths over 48 hours on the roads last weekend, and the commitment the Taoiseach gave to the House on road safety, have his discussions concluded and will specific proposals or legislative measures be put to the House?

The Taoiseach: I said last week the local government funding Bill will be published early in January. I met many road safety organisations who have put forward a number of suggestions about which the Minister of State, Deputy Molloy has made a number of public speeches recently.

Mr. Howlin: What about the date for local elections?

The Taoiseach: I presume that will be in the Bill when the Minister makes up his mind.

[505] Mr. Howlin: Is that not a matter for Government?

The Taoiseach: We can give our advice.

Mr. J. O'Keeffe: Given that the budget was brought forward this year, will the same apply to the Finance Bill and the Social Welfare Bill? When will they be published?

The Taoiseach: The Finance Bill is due to be published at the end of February. I do not know the date of the Social Welfare Bill, but the Department has the advantage of having the information earlier than usual which should help. It will probably be introduced at the same time as the Finance Bill. I am sure all the decisions will be implemented.

Mr. Rabbitte: Does the Taoiseach intend to provide time in the House to discuss the interim report from Mr. Justice Flood, and could we reconcile the conflict Deputy Higgins put on the floor a few minutes ago?

The Taoiseach: It is just a routine report. There has not been much action, so there is not much to discuss. I hope the issue can be dealt with.

Mr. Higgins (Dublin West): Which issue? That is the point.

The Taoiseach: The only issue.

Mr. Higgins (Dublin West): Who knows what the issue is? We should clarify this.

The Taoiseach: I am telling the Deputy what the issue is.

An Leas-Cheann Comhairle: The matter is dealt with. I am calling Deputy Shortall.

Mr. Rabbitte: I had a second point, but I will give way to Deputy Shortall.

Ms Shortall: The Government promised to introduce the long awaited Children (Juvenile) Justice Bill, before Christmas. Clearly that will not happen now. What is the reason for the delay in presenting that Bill, and when can we expect it in the House?

The Taoiseach: I do not think it was on the short list.

Mrs. Owen: It was.

The Taoiseach: The Bill will not be ready before Christmas but I will find out when it will be ready.

Mrs. Owen: It had already passed Second Stage.

The Taoiseach: It has to be restored in the [506] House. I do not think it was on the priority list put forward in the House.

Mrs. Owen: When we left Government it had already passed Second Stage.

The Taoiseach: I understand that the Minister is reviewing aspects of the Bill but that it was not on the list of 21 put before the House.

Ms Shortall: Let me clarify the matter. It was the second item on the Justice list, page 2, which was circulated some time ago.

Mrs. Owen: All that was being done was to take the reference to pornography out of it and put it in new legislation.

The Taoiseach: To which Bill is the Deputy referring?

Ms Shortall: The Children (Juvenile) Justice Bill.

The Taoiseach: That Bill lapsed on the change of Government. It will not be restored until the new year because the Minister is still examining aspects of it.

Mr. Howlin: It was first on the list for this session.

Ms McManus: The Minister for Justice has stated his approval of setting up a register of paedophiles. Does the Government intend to bring forward legislation and, if so, when?

An Leas-Cheann Comhairle: The matter will be discussed on the Adjournment.

Ms McManus: I appreciate that, but it is important. This is a matter of some considerable public interest, and the Taoiseach can respond to a perfectly reasonable question very quickly by saying “yes” or “no”.

An Leas-Cheann Comhairle: In fairness to the Member who has tabled the matter on the Adjournment, it should be left until then.

Ms McManus: The Taoiseach is quite happy to answer.

Proinsias De Rossa: Is the Taoiseach prepared to allocate Government time next week for the promised debate on racism?

The Taoiseach: If the Whips agree, I have no difficulty with that.

Mr. Rabbitte: Regarding promised legislation and the conclusion of the debate initiated at Cabinet, is there a continued sense among Ministers that the difficulty in extracting legislation from [507] the system is due to the abolition of the programme manager system?

Mr. D. Ahern: There is no leaking.

Mr. Howlin: There is nothing to leak.

An Leas-Cheann Comhairle: That does not arise on the Order of Business.

(Interruptions.)

An Leas-Cheann Comhairle: Deputy Rabbitte should ask a question relevant to the Order of Business.

Mr. Rabbitte: It is relevant. It considers the paucity of legislation produced throughout this term.

An Leas-Cheann Comhairle: That is not relevant to the Order of Business. The Deputy should table a question on the matter.

Mr. Rabbitte: Is it true that the Taoiseach is introducing a system similar to the programme manager system?

An Leas-Cheann Comhairle: Deputy Rabbitte, please resume your seat.

Mr. Rabbitte: The Taoiseach wishes to answer.

The Taoiseach: Since the abolition of that system we have published, in our first session, almost double the number of Bills published by the rainbow coalition during its first session in office.

Mr. J. Bruton: That had nothing to do with programme managers, it was merely photocopying legislation that had been prepared by the Government's predecessors.

(Interruptions.)

Mr. J. Bruton: We have plenty more for the Taoiseach to photocopy.

An Leas-Cheann Comhairle: Let us have a question relevant to the Order of Business.

Mr. J. Bruton: I know the Taoiseach is not as interested as one of his distinguished predecessors in matters nautical and coastal, but could he let us know the position in regard to the coastal zone management Bill, the alginate industries Bill which relates also to coastal matters and the seaweed industry? In regard to North-South bodies could he indicate what level of priority is being given to the Foyle Fisheries Bill, given that it is one of the few North-South bodies that exists and functions?

The Taoiseach: There are major legal difficulties with the Foyle Fisheries Bill which are not near to being resolved. The coastal zone management Bill is at a very early stage of preparation and will not be ready until 1999. The other Bill is also at an early stage of preparation.

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