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Dáil Éireann - Volume 499 - 03 February, 1999

Order of Business.

The Taoiseach: Today's Order of Business is No. 3, the Electricity Regulation Bill, 1998, Order for Second Stage and No. 4, the Road Transport Bill, 1998, Order for Second Stage and Second Stage. Private Members' Business will be No. 69, motion re housing (resumed).

Mr. J. Bruton: I wish to raise a matter arising from yesterday's Order of Business. Since the Taoiseach spoke yesterday about punishment beatings, the Chief Constable of the RUC, Mr. Flanagan, stated that he is satisfied that punishment beatings are not being carried out by individuals acting on their own but by paramilitary organisations deciding matters centrally. Will the Taoiseach confirm that those currently involved in the commission of punishment beatings, if brought before the courts, will in no circumstance benefit from early release provisions which are currently being applied to those who committed offences before the British-Irish Agreement?

The Taoiseach: I noted what the Chief Constable of the RUC stated last night. It was helpful to clear up the great degree of confusion about who precisely is behind punishment beatings. There have been many articles and debates since Christmas, particularly in west and east Belfast, [1158] regarding these matters. Anyone involved in any of these activities, or in any other criminal activities, be they armed or unarmed, since the British-Irish Agreement cannot be beneficiaries of its early release provisions.

Mr. Quinn: I remind the Taoiseach that we are just two months away from the first anniversary of the British-Irish Agreement and that the Government, irrespective of difficulties which may arise elsewhere, is obliged to introduce three Bills. Legislation establishing the human rights commission has been promised by the Taoiseach. Indeed, before Christmas he promised the heads of the Bill would be discussed with one of the relevant committees of the House before the final draft was completed. In view of the fact that Northern Ireland has established its commission and appointed a chief executive, will the Taoiseach tell the House what the problem or difficulty is in the Department of Justice, Equality and Law Reform with this legislation?

The Taoiseach: I mentioned some matters relating to this yesterday. The Minister for Justice, Equality and Law Reform circulated the draft heads of the Bill to Departments and the Office of the Attorney General on 3 December with a request for observations to be returned by 16 December. It was hoped the draft heads would be approved at the final meeting on 21 December. Before Christmas I stated that was the position, but it was not possible to meet that objective. The heads are currently being revised to take account of the ministerial and departmental comments and the advice of the Attorney General. It is hoped approval of the proposals will be cleared next week.

Mr. Quinn: Do I take it the Taoiseach's original indication that he was prepared to circulate the heads of the Bill in advance will now not necessarily apply, that he will proceed next week to sign off on the Bill as such and that he will then proceed to drafting? What is the Taoiseach's intention in this area?

The Taoiseach: It will be a parallel process, as I hope that if the heads are cleared by the Government next week they will immediately go before a committee of the House, as I originally stated to Deputy McManus.

Mr. Quinn: Where do things stand in relation to the Irish Nationality and Citizenship (Amendment) Bill which is the second of three Bills we are supposed to implement?

The Taoiseach: That Bill will hopefully be available shortly. Yesterday I stated it would be ready this session, but we are trying to speed it up as much as possible.

Ms Fitzgerald: In view of the £200,000 awarded by the courts last week in a compensation case, introducing another category of compensation [1159] claim in relation to the Defence Forces, and in view of the reported meeting between senior members of the Judiciary and the Minister for Justice, Equality and Law Reform to express concern about the constant commentary on those cases, is the Government considering introducing legislation to deal with the escalating compensation? When will the legislation concerning the State claims agency be brought forward?

The Taoiseach: There is no proposed legislation concerning defence, but the National Treasury Management Agency (Amendment) Bill is expected to be introduced in early summer.

Mr. Quinn: Early summer, not summer.

Mr. Gilmore: When does the Government intend to bring before the House legislation to establish new regional structures, the details of which I understand the Government is already discussing with officials in Brussels? Will the Taoiseach confirm that proposals—

An Ceann Comhairle: There are questions to the Taoiseach on today's Order Paper which would encompass that question. We cannot anticipate—

Mr. Gilmore: I am asking about legislation. Last week the Minister for Public Enterprise told us the local government legislation was being postponed—

An Ceann Comhairle: There are questions on the Order Paper.

Mr. Gilmore: When will the legislation on regionalisation be brought before the House?

The Taoiseach: I stated previously that this matter could be dealt with by an order under the Local Government Act, 1991, without a change in primary legislation.

Mr. J. Bruton: Is the Taoiseach aware figures released in the past two days on county income and the taxable income per head in each county seriously undermine the selection of counties for inclusion in and exclusion from Objective One status?

An Ceann Comhairle: We are getting into the substance of the matter.

Mr. Gilmore: Is the Taoiseach seriously telling the House that a new regional structure, one region of which would stretch from—

An Ceann Comhairle: We can only discuss the timing, not the content, of legislation. The Deputy is not in order in pursuing the matter at this stage.

[1160] Mr. Gilmore: I am talking about the timing of the legislation.

An Ceann Comhairle: Will the Deputy ask a question on the timing?

Mr. Gilmore: Is the Taoiseach telling us now that the Government's timetable will provide for the creation of regions stretching from Drogheda to Derrynane without primary legislation and that the legislation on local government—

An Ceann Comhairle: The Deputy is asking about the content of legislation. In fairness, many Deputies are offering on the Order of Business and if Deputies keep interrupting, I will not be able to accommodate them all.

Mr. Kenny: Ag éirí as Comhaontú Aoine an Chéasta, gheall an Rialtas go dtabharfaí Bille nua isteach a thabharfadh aitheantas oifigiúil agus cumhachtaí dlithiúla do choiste nua oidhreachta agus teanga tras-teorann. Cathain a thabharfar an Bille seo isteach? An bhfuil an Taoiseach sásta gurb é Príomh-Fheidhmeannach Bhord na Gaeilge a d'fhógair an Bille seo le déanaí?

The Taoiseach: Tá Bille na Gaeilge beagnach réidh.

Mr. Belton: So far, so good.

Mr. Gormley: Yesterday I asked the Taoiseach about the disabilities Bill and he said he would get back to me. Does he have any further information on it? It sends out the wrong signal if he is not giving any priority to this Bill? On the regional authorities structures, will we get an opportunity to discuss this in the House? It is extremely important.

An Ceann Comhairle: That question is not in order.

The Taoiseach: On the national disabilities Bill, I told Deputy Gormley I would try to get a more up to date indication from the Department, which I have not got. It was given priority and I hope the date will be better than that I gave yesterday, but I will come back to him with a firm date.

Mr. G. Mitchell: On motion 67 in my name, that of Deputy Dukes and Deputy Olivia Mitchell and the proposed legislation on taxis, will the Taoiseach say when provisions will be made to allow taxi sharing to go ahead in Dublin as proposed by taxi drivers, at least on a pilot basis, including provisions to protect those sharing taxis? This is a matter of some urgency because people are still finding it very difficult to obtain taxis at certain points during the day.

The Taoiseach: I do not believe there is a requirement for legislation. The Deputy asked if it was possible to introduce a pilot scheme. I do not know if that requires any regulatory change, [1161] but I will ask. I do not imagine it does. I believe it is an agreement between the local authorities—

Mr. Dukes: It requires legislation.

The Taoiseach: To allow taxi sharing? No legislation has been promised in that area.

Mr. G. Mitchell: Will the Taoiseach look into the matter and perhaps drop me a line? I was of the belief that it required legislation and that it was on the way.

The Taoiseach: I will check with the Minister to see if there is a requirement.

Mr. M. Higgins: May I ask two small questions which may be answered very directly? When will the broadcasting Bill be published? Yesterday the Taoiseach informed the House that amending legislation to the Údarás na Gaeltachta Act would be brought forward before March? Maidir leis an reachtaíocht seo, an mbeidh athruithe ar theorainneacha na Gaeltachta? The Minister of State, who used to be very dedicated as regards changing the boundaries of the Gaeltacht, promised they would be drawn up and changed before the Údarás na Gaeltachta Bill was introduced. Will there be changes in the legislation, which is necessary, so that the elections may take place on the day the Taoiseach indicated last week? Will the boundaries of the Gaeltacht be changed in the legislation?

An Ceann Comhairle: We cannot discuss changes in legislation.

Mr. M. Higgins: Last week the Taoiseach said the Údáras na Gaeltachta elections would be on the same day as the European and local government elections. That is not legally possible and the Act must be changed, as he admitted yesterday. Does the legislation, which will allow the elections to take place on the same day, include changes to the boundaries of the Gaeltacht? It is very difficult to get a straight answer from the Aire Stáit with responsibility for this area, but perhaps the Taoiseach might have extracted it. My first question related to the senior Minister. When will the long awaited broadcasting Bill be published?

The Taoiseach: The broadcasting Bill will be introduced in this session, probably in March. The Aire Stáit told me the Údáras na Gaeltachta Bill will be introduced in March and will deal with the issues the Deputy raised.

Mr. M. Higgins: All the issues.

Mrs. Owen: He is investigating the Commonwealth.

[1162] Mr. M. Higgins: A typical Fianna Fáil straight answer.

Mr. Cowen: A typical Labour short question.

Mr. Higgins (Mayo): There should be no need for a family conference on this matter. There is a specific commitment in the programme for Government as regards the establishment of special drugs courts. Will special legislation be required? We have had regular reports every three months that it is on the way but 20 months later we have not yet seen it. Is special legislation required? Will special powers and extra judges be assigned to those courts? When may we expect to see the legislation, if it is required?

The Taoiseach: I do not believe legislation is a requirement but the Minister has said that legislative proposals may arise in the future as a result of the decision in relation to the establishment of a drugs courts planning committee to initiate a drugs courts planning programme. In the meantime, it is being set up on a pilot basis which might not be satisfactory in the long-term.

Mr. Connaughton: I refer to the pathetic fodder aid package for farmers recently announced. Will the Taoiseach ask the Minister for Agriculture and Food why store cattle and beef farmers are excluded?

An Ceann Comhairle: The Deputy's question is not appropriate to the Order of Business.

Mr. Connaughton: I cannot understand why so many farmers are excluded.

An Ceann Comhairle: There are a number of ways in which the Deputy may raise that matter.

Ms McManus: Will the Taoiseach state how the Government intends to avert the serious industrial action threatened at Tallaght Hospital in view of the failure of the Minister—

An Ceann Comhairle: There are other ways in which the Deputy may pursue that matter. It is not in order on the Order of Business. Will the Deputy use the other means at her disposal to raise that matter? Will the Deputy resume her seat?

Ms McManus: Will a Supplementary Estimate be introduced to deal with the shortfall?

An Ceann Comhairle: That is not in order on the Order of Business. The Deputy can raise that matter in a legitimate way but it is not in order on the Order of Business.

Ms McManus: I would like to be in order and I accept—

An Ceann Comhairle: Will the Deputy resume her seat? She is not in order.

[1163] Ms McManus: I accept your ruling, a Cheann Comhairle. I want to ask a question that is in order.

An Ceann Comhairle: Will the Deputy resume her seat? The Chair is on his feet. If the Deputy has a question that is in order, she may proceed.

Ms McManus: There is promised legislation on the restructuring of the Eastern Health Board. In that context, will the Taoiseach ensure that the crisis looming in Tallaght Hospital—

An Ceann Comhairle: The Deputy is now talking about the content of legislation.

Ms McManus: —will be dealt with in terms of providing funding—

An Ceann Comhairle: Again the Deputy is not in order. She has other ways to raise that matter. I ask her to resume her seat.

Mr. Belton: He is not concerned about what happens in Tallaght Hospital.

Mr. Noonan: Is the Taoiseach being briefed on an ongoing basis by the law officers of the State on the progress of the Jerry McCabe murder trial?

An Ceann Comhairle: That question is not in order on the Order of Business.

Mrs. Owen: The Taoiseach appears to want to answer.

Mr. J. Bruton: It is a very serious matter.

Mr. Noonan: Does the Taoiseach want to answer the question?

Mr. Finucane: As the Taoiseach has confirmed that the Social Welfare Bill will be introduced this week, will he indicate whether the Bill will cater for the financial difficulties being experienced by fishermen—

An Ceann Comhairle: It is not in order to seek information on the content of legislation.

Mr. Finucane: Will they be able to get social welfare?

An Ceann Comhairle: That is not in order on the Order of Business.

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