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Dáil

Order of Business.

It is proposed to take Nos. 2, 13, 4 and 14. It is also proposed that No. 2 shall be taken without debate. Private Members' Business shall be No. 36, Motion 49.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Is the proposal that No. 2 shall be taken without debate satisfactory? Agreed? Agreed.

Comment on this
John Bruton Mr. J. Bruton Fine Gael

I understand that a statement purporting to emanate from a Government source has appeared in the media outside this House to the effect that the Government have decided not to have the elections for district councils this year. Has the Taoiseach any plans to introduce legislation to provide for district councils, and if so, will they permit elections taking place this year?

Comment on this
Seán Treacy An Ceann Comhairle Independent

The matter referred to is hardly related to the Order of Business.

Comment on this
Deputies

It is promised legislation.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Deputies, please, I must dissuade Members from the notion that they may raise virtually anything they like on the Order of Business.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Deputy Spring.

Comment on this

I will take note of that direction, a Cheann Comhairle.

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

You are trying to dissuade us from raising anything on the Order of Business, is that it?

Comment on this
Seán Treacy An Ceann Comhairle Independent

On a point of order, Deputy Bruton.

Comment on this
John Bruton Mr. J. Bruton Fine Gael

I respectfully submit that the establishment of district councils has been promised by the Government and that their establishment requires legislation. Therefore, this question is entirely in order at this time of the day. I respectfully request the Chair to allow the Taoiseach to answer this legitimate and orderly question.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Will the Deputy please indicate the legislation governing the matter he raised?

Comment on this

It was answered in the House last week.

Comment on this
John Bruton Mr. J. Bruton Fine Gael

The legislation is promised.

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

On a point of order.

Comment on this
Seán Treacy An Ceann Comhairle Independent

There is a Question Time in this House.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

Is there an answer time?

Comment on this
Jim Mitchell Mr. J. Mitchell Fine Gael

This is in order. The former Taoiseach and the Tánaiste assured this House that there would be legislation and that there would be district council elections in June of this year.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Let us clarify it. Is this the position?

Comment on this

The legislation is not promised. I am not aware of any such report referred to by Deputy Bruton.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Deputy Spring has been called.

Comment on this
Jim O'Keeffe Mr. J. O'Keeffe Fine Gael

What about the legislation?

Comment on this

In relation to two matters mentioned in the House previously, could the Taoiseach now indicate if there is a publication date for the White Paper on Maastricht and when the much publicised and much promised Green Paper on Education will be published by the present Minister for Education as promised by the two previous Ministers for Education?

Comment on this

The Green Paper on Education is before the Government for consideration. The edition about which the Deputy was reading today is about six months old and parts of it are out of date.

Comment on this

The Green Paper will be published——

Comment on this
Jim O'Keeffe Mr. J. O'Keeffe Fine Gael

That is not fair to Mary.

Comment on this

There was a leak by the Cabinet in exile.

Comment on this

It will be published when the Government have concluded their considerations in the very near future.

Comment on this
John Bruton Mr. J. Bruton Fine Gael

There was a furniture removals van at the Department of Education rather than a white Hiace van.

Comment on this

The work on the White Paper in relation to the referendum on the Maastricht Treaty has been finalised by the Department of Foreign Affairs and will be circulated today or tomorrow to the various Government Departments for consideration.

Comment on this

Did Sinéad O'Connor approve it? You will have to show it to her anyway.

Comment on this
Seán Treacy An Ceann Comhairle Independent

I had called Deputy Shatter but I will call Deputy Mac Giolla next.

Comment on this

Is it the intention of the Taoiseach and his new Government to withdraw the protocol to the Maastricht Treaty in regard to Article 40.3.3º which was imposed by the previous Government?

Comment on this
Seán Treacy An Ceann Comhairle Independent

That is worthy of a question, Deputy, rather than raising it now.

Comment on this

We are going to have all the details of the Maastricht Treaty and we will have a referendum in a couple of months time. The Taoiseach should tell the House whether this protocol will still be in the Maastricht Treaty.

Comment on this
Seán Treacy An Ceann Comhairle Independent

It should be dealt with in another way.

Comment on this

I did not hear the final part of the Taoiseach's reply with regard to when a debate on Maastricht will be held in the House.

Comment on this

As soon as the Government have concluded their deliberations on the White Paper.

Comment on this

Will it be weeks rather than months?

Comment on this

Yes.

Comment on this

With regard to the family home Bill which has been promised in the Government's programme, when is it proposed to take that in the House?

Comment on this

It will be published this session.

Comment on this

In relation to the Government's legislative programme, will the Taoiseach give urgent consideration to introducing legislation to amend the Punishment of Incest Act, 1908, due to the enormous public concern that has arisen out of a court case which was determined in Waterford Circuit Court last week?

Comment on this
Seán Treacy An Ceann Comhairle Independent

These matters have been tabled in a variety of ways in the House.

Comment on this

I am working in the context of the legislative programme.

Comment on this
Seán Treacy An Ceann Comhairle Independent

This is not in order now.

Comment on this

Would the Taoiseach ask his Minister to address the issue?

Comment on this

With regard to the Programme for Government and promised legislation, when will the legislation dealing with the abolition of remaining domestic ground rents be published? In anticipation that I will be told the matter is in the early stages of preparation, I invite the Taoiseach to consider publishing a fresh section on the Programme for Government with regard to law reform. In the last week I have asked the Taoiseach about each of the various legislative proposals in the programme and none of the legislative proposals seems to have got beyond the early stages of consideration. Can we get any indication when any of this programme is to be introduced by way of legislation into the House?

Comment on this

With regard to the first part of the Deputy's question, that legislation is in the course of preparation. I will communicate with the Deputy and will give him the up to date position on the other matters he raised.

Comment on this

In other words, the Taoiseach does not know.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

On what basis does the Chair call Members of the House who are not even Members of an official grouping in the House, when Members in a party with 55 Deputies have to rise several times before they get any recognition from the Chair? I protest very strongly about your treatment of the Members of these benches.

Comment on this
Seán Treacy An Ceann Comhairle Independent

I thought that you, Deputy Mitchell, were rising on a matter of some importance——

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I am rising on a matter of importance.

Comment on this
Seán Treacy An Ceann Comhairle Independent

The Chair does his best in these matters and tries to be fair and impartial. The Chair resents deeply the implication in the Deputy's statement.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I submit that it is a matter of importance.

Comment on this
Seán Treacy An Ceann Comhairle Independent

The Deputy may not rise and reflect upon the Chair and then say he wishes to raise the matter——

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I will not have my rights mitigated by you, Sir. This has gone on for far too long.

Comment on this
Seán Treacy An Ceann Comhairle Independent

That is an insult, Deputy Mitchell——

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

There are 55 Members on these benches——

Comment on this
Seán Treacy An Ceann Comhairle Independent

——which I will not tolerate. Deputy Mitchell will withdraw those reflections on the Chair or leave the House.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I will withdraw my remark reflecting on the Chair but I have made my protest and I hope the Chair takes note.

Comment on this
Seán Treacy An Ceann Comhairle Independent

I am surprised at the Deputy.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

A Cheann Comhairle, I am surprised at you. I have sat here time out of number and it is as——

Comment on this
Seán Treacy An Ceann Comhairle Independent

There are many Members in this House and I called the Deputy earlier in respect of questions.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I had an earlier question and was called on that question.

Comment on this
Jim O'Keeffe Mr. J. O'Keeffe Fine Gael

May I say in support of my colleague that as one of that party of 55 Members——

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

——we will not put up with it for much longer——

Comment on this
Jim O'Keeffe Mr. J. O'Keeffe Fine Gael

——I also sometimes wonder at the basis in which due precedence is not given to a group of 55 as opposed to smaller groups of six or seven Members.

Comment on this
Seán Treacy An Ceann Comhairle Independent

If Deputies are sincere in this matter, they should raise it in another place. I now call Deputy Therese Ahearn.

Comment on this
John Bruton Mr. J. Bruton Fine Gael

I assure you that we are, Sir.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

We will not put up with the situation for much longer. I am putting you on notice Sir.

Comment on this
Seán Treacy An Ceann Comhairle Independent

Deputy, do not threaten me. I will not bow to threats or intimidation of any kind.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

I have rights in this House; I am not subject to any other Member of this House.

Comment on this
Theresa Ahearn Mrs. T. Ahearn Fine Gael

In view of the imminent publication of the Green Paper on Education, when can we expect the White Paper on manpower policy to be published?

Comment on this
Seán Treacy An Ceann Comhairle Independent

White Papers and legislation are two different things.

Comment on this

May I ask the Taoiseach about published legislation? Have the Cabinet yet considered the view of the new Minister for Health on the family planning legislation——

Comment on this
Seán Treacy An Ceann Comhairle Independent

I call Deputy Cotter.

Comment on this

It is on the list. This is promised legislation.

Comment on this
Seán Treacy An Ceann Comhairle Independent

As the question deals with legislation, that is in order but personalities should not come into it.

Comment on this

It is tricky.

Comment on this

Larry Cunningham will be asked about that.

Comment on this

It is a legitimate question on promised legislation. The legislation has been published and has been circulated in the House. May I ask the Taoiseach if the Cabinet have considered the views of the new Minister for Health on that Bill?

Comment on this

Not yet.

Comment on this

When do the Government propose to activate the Child Care Act?

Comment on this

I understand that question was asked this week; the legislation is progressing very satisfactorily.

Comment on this

That is hardly a satisfactory answer.

Comment on this
Seán Treacy An Ceann Comhairle Independent

There are large numbers of Members rising now.

Comment on this

May I ask the Taoiseach when even one section of the legislation will be activated?

Comment on this

One section is already in place and the rest——

Comment on this

What about the other 55 sections?

Comment on this

If people do not wish to listen——

Comment on this

May I ask about the millions of pounds that have been set aside?

Comment on this
Seán Treacy An Ceann Comhairle Independent

No, Deputy.

Comment on this

May I endorse the concern we all share at the slowness of the enactment of the Child Care Act, especially those who worked so hard in the Special Committee to put it on the Statute Book? May I ask about a matter that is raised virtually every week? In view of the 25,000 people who are homeless and seeking local authority houses when will the Housing Bill be brought before the Dáil?

Comment on this

We expect to introduce it this session.

Comment on this

That was said last session and the session before.

Comment on this

In the knowledge that the previous two Dáils fell when this matter was raised, may I ask the Taoiseach when he will allow the Leas-Cheann Comhairle to set up a joint committee to consider the Altamont (Amendment of Deed of Trust) Bill, 1990? It is on the Order Paper.

Comment on this

May I suggest that the Whips discuss this matter among themselves?

Comment on this
Mary Flaherty Miss Flaherty Fine Gael

May I ask the Taoiseach how the Government and the new Minister for Justice are progressing with the White Paper on marital breakdown? Can I take it that the proposed publication date of February will now slip by?

Comment on this

Do we have a Minister for Justice?

Comment on this
Seán Treacy An Ceann Comhairle Independent

That is not relevant on the Order of Business——

Comment on this

The Minister for Foreign Affairs seems to be doing it all.

Comment on this
Pádraig Flynn Minister for Justice (Mr. Flynn) Fianna Fáil

The Deputy will know all about that before his next birthday.

Comment on this

It is coming very soon.

Comment on this
John Bruton Mr. J. Bruton Fine Gael

We have that on the file as well.

Comment on this
Mary Flaherty Miss Flaherty Fine Gael

I understood that earlier the Chair had accepted questions on White Papers and Green Papers in other areas and I think this could be allowed.

Comment on this
Seán Treacy An Ceann Comhairle Independent

The others dealt with legislation.

Comment on this

May I ask the Minister for the Environment when the local authorities will be notified of the road grant allocation for 1992? If this does not happen soon the year will be almost gone——

Comment on this
A Deputy

Break the ice, Minister.

Comment on this

Ask the former Minister for the Environment. He knows more about that than he does about justice.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

Could we settle down and get on with the business as ordered.

Mr. Cotter rose.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

Has the Deputy a question on promised legislation?

Comment on this

Yes. The Taoiseach gave me a very unsatisfactory answer before you came into the House and I want to ask him again about the Child Care Act.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

The Chair cannot accept or reject what the Deputy might regard as satisfactory or unsatisfactory, but is only concerned about getting on with the business ordered.

Comment on this

For some time I have tried to raise a matter which is very much part of the Government programme, that is, the establishment of national consultative councils to advise on the progress and implementation of rural development policy. Will the Taoiseach ask the Minister to make a statement on that?

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

Is there specific legislation promised on that matter?

Comment on this

It is part of the Programme for Government and it is a very urgent matter.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

I am afraid that an omnibus programme does not presuppose questions on promised legislation.

Comment on this

Could the Taoiseach be more specific about the state of play of the Housing Bill? We have been told for some time that the Housing Bill is coming but it has been coming since this time last year. I understood the Bill was to be circulated before Christmas or certainly over the Christmas recess; that was a specific promise. Can the Taoiseach indicate when the Bill will be circulated or if it is being prepared at all?

Comment on this

I expect the text to be resubmitted to Government very shortly.

Comment on this
John Bruton Mr. J. Bruton Fine Gael

Following a question I put to him, the Taoiseach agreed last week to look at the possibility of having a debate on the forthcoming world summit on the environment which will take place in Rio de Janeiro in June and which will deal with the very important issue of global warming. Would the Taoiseach agree in advance of the debate to make available to Members the Government submission to the summit so that they will be able to contribute knowledgeably on this important topic?

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

This could be arranged privately between the Whips.

Comment on this
John Bruton Mr. J. Bruton Fine Gael

May I publicly acknowledge our gratitude at the willingness of the Government to have such a debate? In view of the fact that the Taoiseach has been forthcoming, I ask that he agree also to make the submission available to other Deputies so that we can have a good debate.

Comment on this

I will consider the Deputy's request.

Comment on this

Given the public outcry and demand for the protection of young children, particularly young girls, will the Taoiseach say when the important regulations which are not as yet in force under the Child Care Act will be enforced?

Comment on this

Work is proceeding on drawing up regulations in consultation with many voluntary organisations and I am sure the Deputy will appreciate what is happening.

Comment on this
Gay Mitchell Mr. G. Mitchell Fine Gael

Regarding the promised legislation on the Comptroller and Auditor General, will the Taoiseach publish the legislation early in this session so that the House may come to terms with it?

Comment on this

I understand that work is practically completed by the parliamentary draftsman and that it will come to Government shortly.

Comment on this

Will the Taoiseach or the Minister for Finance say when it is proposed to publish the Finance Bill and if it will contain any changes to accommodate representations made since the Budget Statement?

Comment on this

The date has not yet been finalished but it will be towards the end of April, after Easter.

Comment on this

And there will be no significant changes, no concessions?

Comment on this

It has not been decided as yet.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

The last cannon across the bow, Deputy P. J. Sheehan.

Comment on this

I would like to ask the Taoiseach when the procedure was changed in this House to enable two Ministers, the Minister for the Environment and the Minister for Justice, to refuse to answer a simple question regarding the introduction of a one-way traffic system in Skibbereen. Why are the Ministers afraid to give an answer? The people of Skibbereen will give an answer in their referendum on 29 February. The new regulations are to be introduced in the town on 1 March. Why are the Ministers afraid to postpone the introduction until such time as the democratic voice of the people of Skibbereen and its hinterland is heard?

Comment on this

Ask Deputy Currie.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

That matter is not in order on the Order of Business.

Comment on this

I have exhausted every avenue in trying to raise this important question in the House. I am asking the Taoiseach to clarify why the Ministers refused to take the questions.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

Deputy Sheehan cannot select the Order of Business as an opportune time to give vent to his rage about anything. It is not in order.

Comment on this

The Taoiseach was about to speak.

Comment on this
James C. Tunney An Leas-Cheann Comhairle Fianna Fáil

If the Taoiseach is responding to the Deputy's beguiling, the Chair is not. It is not in order.

Comment on this