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Dáil Éireann - Volume 575 - 26 November, 2003 Order of Business. The Taoiseach Bertie Ahern 714 The Taoiseach:The Order of Business today shall be No. 1 Broadcasting (Funding) Bill 2003 [714][Seanad] – Second Stage; and No. 21 Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Bill 2003 – Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; the proceedings on No. 1 shall, if not previously concluded, be brought to a conclusion at 7 p.m.; Report and Final Stages of No. 21 shall be taken today and the proceedings thereon shall, if not previously concluded, be brought to a conclusion at 10 p.m. by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Community, Rural and Gaeltacht Affairs. Private Members' Business shall be No. 35 – motion on local government funding, resumed, to conclude at 8.30 p.m. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:There are three proposals to put to the House. Is the proposal for the late sitting agreed? Mr. Stagg Mr. Stagg Mr. Stagg:The late sitting is an attempt to find additional time to debate legislation in the House and, presumably, keep the Government accountable to the House, which is the Opposition's dual role. I note we had a 14 week recess during the summer. Four weeks back from this, the House took a further one week recess which was strongly opposed by the Opposition. The Tánaiste and the Government Chief Whip strongly argued that the recess was family friendly, so that Members could have quality time with their families. Late sittings, however, which are not considered as Dáil reform, are entirely family unfriendly. Question, “That the proposal for the late sitting be agreed to”, put and declared carried. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Is the proposal for dealing with No. 1 agreed? Mr. Kenny Mr. Kenny Mr. Kenny:I have consistently opposed dealing with legislation by guillotine motion. While I understand what is contained in these two Bills, to be consistent I am opposing the proposal on the grounds that it is proposed to guillotine this Bill at 7 p.m. Mr. Stagg Mr. Stagg Mr. Stagg:Arising from changes in Standing Orders over recent years, it is now impossible to have a filibuster in the House. Ms Hanafin Ms Hanafin Ms Hanafin:Just as well. Mr. Stagg Mr. Stagg Mr. Stagg:Arising from the absence of a filibuster where Members could speak for three days without a break if they wished— Mr. O'Donoghue Mr. O'Donoghue Mr. O'Donoghue:That sounds like purgatory. Mr. Stagg Mr. Stagg 715 716 [715] Mr. Stagg:—there is now no need to guillotine motions. The only time there was such a need was when the filibuster was organised by the Opposition. In this case, there is inadequate debate on a Bill if enough time is not provided in the limited speaking slots available to Members. When a Member wants to speak on a Bill, he or she should be allowed to speak in these limited times. I recommend that the Taoiseach looks at the Labour Party's proposals for Dáil reform which deal with this issue. These would give adequate time for legislation without the need to [716]guillotine motions and for late sittings. It is not acceptable that Bills such as these are guillotined. Mr. Sargent Mr. Sargent Mr. Sargent:Briefly, so as not to deprive the House of further time, I wish to add to the Deputy's remarks. The rush to guillotine Bills has become a habit. Dáil reform must be looked at again and the Green Party's proposals, with those of the Labour Party, need to be implemented rather than discussed. Question put: “That the proposal for dealing with No. 1 be agreed to.” Tá
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Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg. Question declared carried. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Is the proposal for dealing with No. 21, Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Bill 2003, Order for Report, Report and Final Stages, agreed to? Mr. Stagg Mr. Stagg Mr. Stagg:As in the previous case, the same argument concerning guillotines pertains here. The point made by Deputy Sargent on No. 1 is pertinent, in so far as proposals have been made by all Opposition parties on Dáil reform which would eliminate the need for guillotines and give 30% additional time for work in the Dáil Chamber. In spite of that, when we raised the matter with the Chairperson of the Sub-committee on Dáil Reform, the Government Chief Whip, we were told there might be a meeting some time in the new year. There does not seem to be any urgency on the Government's side to bring in Dáil reform that would eliminate the need for guillotines on important Bills. I have some sympathy for the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, who appears to have been operating in limbo since his appointment. We are not opposed to the measure but we are opposed to the imposition of a guillotine. The Taoiseach Bertie Ahern The Taoiseach:I listened to what the Labour Party Whip said, and remind him that when we wanted additional time for an extended sitting last Thursday he opposed it. He also opposed a late sitting last Friday. Mr. Stagg Mr. Stagg Mr. Stagg:That was sanitised. There was no vote, no accountability. The Taoiseach Bertie Ahern The Taoiseach:It is nonsense for him to say he is in favour of more time for debate. Question put: “That the proposal for dealing with No. 21 be agreed to.” Tá
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Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg. Question declared carried. Mr. Kenny Mr. Kenny Mr. Kenny:The disabilities Bill, which is to provide measures to facilitate the equal participation of people with disabilities, is listed for publication during this session but we have not seen it yet. Is the publication of the Bill dependent on finalisation of the Education for Persons with Disabilities Bill? When is Committee Stage of this Bill expected to take place? There are serious concerns and a great deal of anxiety among people in the disability sector about both of these Bills. Can the Taoiseach clarify the true position? The Taoiseach Bertie Ahern The Taoiseach:It is hoped to take Committee Stage of the Education for Persons with Disabilities Bill in January. While we would like to have that Bill in place, it is not the reason for the hold up with the disabilities Bill. As I explained yesterday, we are trying to finalise the Bill across a number of Departments under five frameworks. Hopefully, work on the Bill will be concluded during the Christmas break. We are not waiting for the Education for Persons with Disabilities Bill, we are waiting for the physical completion of the work. It is hoped the Education for Persons with Disabilities Bill will be passed in the spring, by which time the disabilities Bill should be before the House. Mr. Kenny Mr. Kenny Mr. Kenny:I take it there will be no impediment to the disabilities Bill if the Education for Persons with Disabilities Bill is not finalised. The Taoiseach Bertie Ahern The Taoiseach:There is a large volume of work involved in getting the Bill through. I hope it comes before the House during the spring session during which time consideration of the Education for Persons with Disabilities Bill will be completed also. Mr. Kenny Mr. Kenny Mr. Kenny:There will be more to come in January, obviously. Mr. Rabbitte Mr. Rabbitte 721 Mr. Rabbitte:Yesterday, on Newstalk 106FM the Minister for Arts, Sport and Tourism, Deputy O'Donoghue, told the people that in addition to his budget of €176 million, he was granting a further €66 million to horse racing. The Minister stated this to presenter Mr. Ger Gilroy on three occasions. When he returned to his Department, [721]it had to issue a statement saying that he was wrong. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Does the Deputy have a question on legislation? Mr. Rabbitte Mr. Rabbitte Mr. Rabbitte:I do, sir. It relates to the trade descriptions Act. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Is there a trade descriptions Act, Taoiseach? Mr. Rabbitte Mr. Rabbitte Mr. Rabbitte:Does the Taoiseach intend to apply it to Cabinet Ministers? Mr. S. Ryan Mr. S. Ryan Mr. S. Ryan:There is no comment from the Taoiseach. Mr. Rabbitte Mr. Rabbitte Mr. Rabbitte:I have a transcript. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:No legislation is promised. Mr. Sargent Mr. Sargent Mr. Sargent:I notice that the Government proposes to bring forward a national monuments Bill to deal with the inanimate environment. I wish to know what prospect there is for legislation to create a roll of honour for people who have served the country. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:The national monuments Bill, Taoiseach. Mr. Sargent Mr. Sargent Mr. Sargent:I wish the House to note in particular that writers like Risteard Ó Glaisne— An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:The Deputy will have to find another way to raise the matter. I call the Taoiseach to reply on the national monuments Bill. The Taoiseach Bertie Ahern The Taoiseach:It is due early in 2004. Mr. R. Bruton Mr. R. Bruton Mr. R. Bruton:Will the Taoiseach bring forward the Central Bank and financial services authority Bill for urgent debate? Yesterday, the ECOFIN Ministers were unable either to enforce the existing rules of the stability pact or develop alternative ones. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:That is a debate which would be more appropriate to Second Stage of the Bill when it comes before the House. Mr. R. Bruton Mr. R. Bruton Mr. R. Bruton:This is a high stakes game for people who are borrowing or people who are mortgage holders. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:I suggest the Deputy should submit a question to the Minister for Finance. Mr. R. Bruton Mr. R. Bruton Mr. R. Bruton:It is important that we have an opportunity to debate the issue in the House. The Taoiseach Bertie Ahern 722 [722] The Taoiseach:The financial regulations (Central Bank) (No. 2) Bill will be published in about one week. Mr. Howlin Mr. Howlin Mr. Howlin:In light of the clear majority of Members wishing to restore community employment to last year's level, will a supplementary Estimate be introduced before the end of the year to enable 40 Government backbenchers and one Minister of State to join with the Opposition to restore the scheme? An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Is legislation promised? The Taoiseach Bertie Ahern The Taoiseach:No. Mr. Allen Mr. Allen Mr. Allen:It will be in the budget I suppose. Mr. Crawford Mr. Crawford Mr. Crawford:In view of the serious changes in agriculture which have occurred over the last number of decades, it is significant that decoupling has taken place without being discussed in the House. Many young farmers— An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Does the Deputy have a question on legislation? Mr. Crawford Mr. Crawford Mr. Crawford:When will the land Bill or any other agriculture Bill come before the House to allow Members to discuss the future of farming? The Taoiseach Bertie Ahern The Taoiseach:The Bill will come before the House early in 2004. Mr. Sherlock Mr. Sherlock Mr. Sherlock:In view of the many issues arising in the Irish Prisons Service, particularly the possible transfer of prisoners from Spike Island, can the Taoiseach tell the House when it is proposed to introduce the Prison Service Bill to enable us to debate these matters? The Taoiseach Bertie Ahern The Taoiseach:Work is in progress on the heads of the Bill. As they are not complete, it is not possible to indicate when the legislation will come before the House. Caoimhghín Ó Caoláin Caoimhghín Ó Caoláin Caoimhghín Ó Caoláin:In light of recent reports on the health service, is it still intended to proceed, in line with the report of the Commission on Nursing, with the nurses and midwives Bill? When does the Taoiseach expect the legislation to come before the House? The Taoiseach Bertie Ahern The Taoiseach:The heads of the nurses and midwives Bill through which the recommendations of the Commission on Nursing will be implemented are expected before Christmas. The legislation will be drafted then. Mr. Stanton Mr. Stanton Mr. Stanton:My question relates to the matter raised by Deputy Sherlock. The Taoiseach told me last week of possible legislation to privatise the prison escort service and the running of prisons. Is such legislation required? If so, is it being prepared or are there plans to prepare it? The Taoiseach Bertie Ahern 723 [723] The Taoiseach:There is no legislation of that sort on the list. Ms Lynch Ms Lynch Ms Lynch:Will the Taoiseach ensure that the promised social welfare budget is poverty-proofed to ensure that single parents do not fall into poverty? An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:That matter does not arise. Does the Deputy have a question on promised legislation? Ms Lynch Ms Lynch Ms Lynch:My question involves the forthcoming social welfare Bill. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Is a social welfare Bill promised? The Taoiseach Bertie Ahern The Taoiseach:The Bill will be before the House in the new year. Mr. Boyle Mr. Boyle Mr. Boyle:On the Adjournment last night, I raised the issues of public notification of pollution incidents and the wait for a European directive which will come into force in 2005. Does the Government intend to introduce primary legislation to require public notification of incidents of serious pollution before the directive is introduced? The Taoiseach Bertie Ahern The Taoiseach:The Deputy should put down a question to the Minister. If there is a directive, there could be primary legislation. Mr. Deenihan Mr. Deenihan Mr. Deenihan:On a number of occasions the Taoiseach has promised that the health and social care professionals regulatory Bill would be published before Christmas. Can the Taoiseach provide the House with a commitment that the Bill will be published before Christmas? The Taoiseach Bertie Ahern The Taoiseach:The date I gave was January 2004. That is still the date. Ms O'Sullivan Ms O'Sullivan Ms O'Sullivan:The Minister for Education and Science has indicated that he intends to add to the institutions included under the Residential Institutions Redress Act. I understand the provision is to be made by way of secondary legislation through regulations. When is it intended to bring such legislation forward? The Taoiseach Bertie Ahern The Taoiseach:Legislation is not required. The Minister will make a decision as soon as possible. Mr. Allen Mr. Allen Mr. Allen:In view of the inconclusive nature of an Oireachtas hearing on electronic voting which took place with the Minister yesterday, will the Taoiseach cease all planning of electronic voting for local and European elections? An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:I suggest that the Deputy should submit a question. Mr. Allen Mr. Allen 724 Mr. Allen:Will the Taoiseach refrain from awarding contracts to former general secretaries [724]of Fianna Fáil to conduct the public relations surrounding electronic voting. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:I call Deputy Burton. Mr. Allen Mr. Allen Mr. Allen:Yesterday, €4.5 million was given to a former Fianna Fáil general secretary— An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Deputy Allen, you are out of order. I suggest you submit a question on the matter. Mr. Allen Mr. Allen Mr. Allen:—to sell the idea of electronic voting when the committee had not even concluded its hearings on it. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:I ask you to resume your seat and allow Deputy Burton to speak. Ms Burton Ms Burton Ms Burton:In view of Ireland's upcoming Presidency of the European Union, will the Taoiseach allow a debate on the Stability and Growth Pact before the recess? An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Is a debate promised? Ms Burton Ms Burton Ms Burton:In view of the position Ireland took the other night when it voted with France and Germany— An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:It is a matter for the Whips unless a debate has already been promised. Ms Burton Ms Burton Ms Burton:—apparently against the interests of smaller countries— An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:It is a matter for the Whips. We cannot have everybody asking questions on debates they would like. Ms Burton Ms Burton Ms Burton:In the context of the long-term stability of the euro currency, which is important to this country— An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:I call Deputy Durkan. Ms Burton Ms Burton Ms Burton:Will the Taoiseach allow time for a debate? An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:I call Deputy Durkan. Mr. Stagg Mr. Stagg Mr. Stagg:On a point of order, which I have made before, it is not a matter for the Whips. It is a matter for the Government to order the business of the House. It is for the Taoiseach, not the Chair, to indicate whether he wants the matter referred to the Whips. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:The Chair has ruled many times— Mr. Stagg Mr. Stagg Mr. Stagg:The Chair is wrong. An Ceann Comhairle An Ceann Comhairle 725 An Ceann Comhairle:—and will not allow every Member of the House to ask for a debate on an issue within his or her constituency or [725]otherwise. We could not do the business of the House that way. The Chair has ruled on the matter and I call Deputy Durkan. Mr. Stagg Mr. Stagg Mr. Stagg:On a point of order— An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Sorry, you have made your point of order. Mr. Stagg Mr. Stagg Mr. Stagg:—all Members of this House have equal rights. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:The Chair has responded and has ruled on the matter. Mr. Stagg Mr. Stagg Mr. Stagg:It is your business, a Cheann Comhairle, to protect the interests and rights of Members. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Where a debate is promised, it is appropriate to ask the Taoiseach on the Order of Business— Mr. Stagg Mr. Stagg Mr. Stagg:All Members have the same rights. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:—otherwise it is a matter for the Whips to arrange the business. Mr. Stagg Mr. Stagg Mr. Stagg:The Ceann Comhairle cannot rule that one Member has more rights than another. Mr. Durkan Mr. Durkan Mr. Durkan:In view of the likely confusion arising from traffic congestion, particularly as Luas works progress, and bearing in mind the possibility of a truck wedged in a tunnel on the north side— An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:Do you have a question on legislation? Mr. Durkan Mr. Durkan Mr. Durkan:This question is about legislation. We must also bear in mind the possibility of trains on stilts on the south side and that when Luas works are concluded, there is the likelihood of major traffic problems when a train emerges on to the road at critical junctions throughout the city. An Ceann Comhairle An Ceann Comhairle An Ceann Comhairle:That question is not on legislation. Mr. Durkan Mr. Durkan Mr. Durkan:Will it be possible to cater for the likely confusion in the transport reform Bill? Will the Minister bring it forward as a matter of urgency because reform is needed in that area. The Taoiseach Bertie Ahern The Taoiseach:The legislation will be introduced next year. Mr. Durkan Mr. Durkan Mr. Durkan:When? The Taoiseach Bertie Ahern The Taoiseach:In 2004. Dáil Éireann 575 Order of Business. General Debate 20031126
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