The Order of Business today shall be No. 26, Motion re: Referral to Joint Committee of Report of the Ombudsman on Nursing Home Subventions; No. 6, Valuation Bill, 2000 – Order for Second Stage and Second Stage; No. 7 – Local Government Bill, 2000 – Order for Second Stage and Second Stage and No. 53 Statements on the Report of the Joint Committee on European Affairs on the Review of EU Legislation, to be taken not later than immediately following the announcement of matters on the Adjournment under Standing Order 21 and the order shall not resume thereafter.

It is proposed, notwithstanding anything in Standing Orders, that No. 25 shall be decided without debate and the proceedings on No. 53, if not previously concluded, shall be brought to a conclusion at 4.45 p.m. and the following arrangements shall apply: the statements of the Chairperson of the Joint Committee on European Affairs and of the main spokespersons for the Government and the Labour Party shall not exceed ten minutes in each case; the statement of each Member called upon shall not exceed five minutes and Members may share time.

There are two proposals to put to the House. Is the proposal for dealing with No. 26 agreed to?

The House is asked to refer No. 26 to a committee and following an instruction to that effect the committee is obligated to debate the report. This goes to the heart of the relationship, debated in many Parliaments, between the powers of the Executive or Cabinet and the committees of the House. If I interpret this correctly, will the Taoiseach explain how the Labour Party Private Members' Bill on corporate donations, which was referred to a committee of the House, is not within the remit of the committee to debate? A member of the Cabinet or the Executive now purports to frustrate the committee by issuing an instruction to the chairman not to debate it.

If the House decides to refer a matter to a committee then under a real committee system it takes charge of the matter on behalf of the House and will process it as it sees fit. For the Executive to interfere and attempt to instruct a committee chairman to do otherwise is a disgrace. It is a pulling back from the powers of the committee. I seek clarification on this matter in the context of No. 26. There is no point in referring items to a committee if members of the Executive can unilaterally write letters to the chairmen and seek to negative the reference made by the House.

Has the Taoiseach had time to reflect on his position on this matter? As the Government has seen fit to move, in the name of a Minister of State, a Fine Gael Party motion on Standing Orders in Government time, which will require debate, will he indicate if the Government is now prepared to pass, with or without debate, a Labour Party motion requiring the Select Committee on the Environment and Local Government to report to the House by the end of this session on 12 April, on the Bill which provides for the banning of corporate donations? If the Minister for the Environment and Local Government, who is responsible for local democracy, is prepared to allow democracy at national level to prevail and to allow Committee Stage for the relevant Bill to take place, will the Taoiseach indicate if he is prepared to allow the select committee to do its business as charged and not allow the Minister for the Environment and Local Government to exercise a veto?

The Electoral Bill will deal with the matters raised by Deputy Quinn. It will be introduced to the Seanad shortly.

Sorry to interrupt, but the Taoiseach dropped his voice and I could not hear him.

I could hear him.

Deputy Wade should take it easy. He is under no threat in Limerick. He should not panic. There is a little noise in the background and I did not hear the Taoiseach. Perhaps he could speak louder.

I accept that.

It is easier to hear Marcel Marceau.

I have never had any difficulty hearing Deputy Rabbitte.

Who is the joker?

The answer to Deputy Quinn's question is no. The Electoral Bill will shortly be introduced to the Seanad. With regard to Deputy Noonan's question, the Ombudsman's report on nursing home subventions will be sent to the relevant joint committee for consideration. It is a long established precedent that if the Government introduces a Bill following on the introduction of a Private Members' Bill, the Government Bill is given precedence. Deputy Noonan will recall many such instances. For example, when the Minister for Justice Equality and Law Reform was in Opposition he introduced a number of Bills at the time of the death of Veronica Guerin, but they were set aside by the relevant committee while the Government introduced its legislation.

I do not see the relevance of that.

There is no point in me being asked questions if I am interrupted or I am told I cannot be heard. If I am asked questions I will answer them.

That is fair.

I will not interrupt the Deputy if he does not interrupt me. He may be used to behaving differently, but he will not with me.

The Taoiseach is too well behaved to interrupt me.

I thank the Deputy. I would not dare to do so. I want to be helpful to Deputy Noonan. What is happening in this case is that an important report from the Ombudsman is going before the committee for debate but the legislation, in accordance with precedence, will be dealt with in exactly the same way it always has been.

Standing Orders compel me to put me the question. Deputies should not attempt to drive a coach and four through Standing Orders.

The House will be empty in ten minutes. I merely want to obtain clarification from the Taoiseach.

I will allow Deputies Noonan and Quinn to make a brief comment but I remind them they are in serious breach of Standing Orders.

Once a matter is referred by the House to a committee, such as the one being referred under No. 26, does a member of the Cabinet have the right to direct the committee not to deal with it? I do not believe that should be the case in any proper committee system nor do I believe the chairman of the committee in question, Deputy Healy-Rae, should be the puppet of the Minister for the Environment and Local Government.

Deputy Healy-Rae is the Minister.

Deputy Noonan should be brief; I remind him again that he is in serious breach of Standing Orders.

This is a matter of principle.

I am aware of that but the House must not make a joke of Standing Orders.

I am an orderly Deputy. Does the Taoiseach believe that any member of his Cabinet should have the power to direct the chairman of a committee not to debate an issue?

He clearly does not.

If he clearly does not, how can the Minister for the Environment and Local Government take it upon himself to direct the chairman of another committee not to debate the Labour Party Bill?

The direction is not binding. I call Deputy Quinn and remind him, too, that he is in serious breach of Standing Orders.

The Taoiseach outlined his view on Standing Orders and stated that the reason the Government is not prepared to debate Committee Stage of a particular piece of legislation is that an alternative Bill which is due to go before the Seanad shortly will deal with the subject matter of the aforementioned legislation. As the chairperson of this House, will the Ceann Comhairle inform me how a Bill which passed Second Stage, the net point of which was to ban corporate donations, can be subjected to an amendment of such a substantial nature that it plans to legalise corporate donations of £20,000? That is not an amendment, it is a substantial change. If the Fianna Fáil Party is opposed to corporate donations, why did it not have the courage to vote against them earlier last year?

The Deputy is making a speech.

When Mr. Big starts to give evidence to the tribunals, we will find out what level of corporate donations are available and what they could buy.

The Deputy should resume his seat. I am amazed at his lack of respect for Standing Orders.

The Taoiseach offered a view on Standing Orders to explain why he is not prepared to allow—

The Deputy must conclude. Is the proposal for dealing with No. 26 agreed to?

On a point of order—

The Deputy cannot make a point of order when the Chair is on his feet putting the question. Is the proposal for dealing with No. 26 agreed to?

Is the proposal for dealing with No. 53 agreed?

On a point of order, for clarification am I right in recollecting, Sir, that when Deputy Noonan asked you some minutes ago if it were the case that a Minister has the power to direct a committee not to consider a matter referred to it by this House, you replied with the words "Clearly he hasn't"?

Yes, I said the Minister has no—

Thank you. It is good to have that on the record of the House.

The Minister may write a letter, but it is not binding on the committee.

It seems, therefore, that the Minister for the Environment and Local Government has directed a committee to do something to thwart the will of the House. That Bill was referred to the committee by the House. From the point of view of the protection of the rights of the House, is that a matter the Ceann Comhairle should take up with the Minister?

The Minister may write to the committee, but it is not binding on the committee.

However, he directed the committee.

It is not binding. It is a matter for the committee as to whether it accepts what the Minister says.

Is he not in breach of privilege to attempt to thwart the will of the House?

I cannot answer that – it is a matter for the committee to make a complaint. Is No. 53 agreed?

Before we agree to take No. 53, I wish to seek clarification from you, Sir, on a related matter. There are issues arising in relation to procedure as to whether a Minister has a veto on Committee Stage of a Bill. Have you, Sir, considered convening a meeting of Committee on Procedure and Privileges in respect of this and other matters in line with my formal request yesterday that you do so?

The question of a meeting of Committee on Procedure and Privileges at an early date is under consideration.

In view of the Taoiseach's continued blocking of Committee Stage and the fact that Second Stage of the Electoral Bill, 2000 is not being taken in the other House—

The Deputy is clearly out of order.

—I am formally opposed to taking No. 53.

Is the proposal for dealing with No. 53 agreed?

I now make a special appeal to Members for the remaining part of this Order of Business to apply themselves to the strict letter of the law in respect of Standing Orders. Most of what has gone on until now has been in total breach of Standing Orders.

In view of the statements by the Minister for Health and Children, Deputy Martin, on the problem of excessive alcohol consumption by young people, will the Government allow Government time for a discussion on this in the next week or two?

That certainly could be considered.

I thank the Taoiseach.

Last week the Taoiseach indicated that the Minister for the Environment and Local Government would be coming into the House to make a statement in respect of the crisis in waste management. Has he given any further thought as to when such a statement might be made in this House and if there will be a debate on it?

I have nothing new to add to that but the Minister intends to make a comprehensive statement on it. I will check with him soon.

Could the Taoiseach explain to the House why, at the moment, the parking fines are £65, the litter fines—

Is this connected to the Order of Business? We have enough disorder already.

It is promised legislation. Litter fines are £100, yet a speeding fine is—

We cannot discuss the contents of legislation.

—only £50. In that context, when will we see the indexation of fines Bill and will it address these issues? The current Government is setting a greater value on litter than on lives.

It will be early next year and, as the Minister announced yesterday, there will also be legislation on the Litter Pollution Act, 1997.

In September 1999 the Government approved at Second Stage a Bill from the Labour Party entitled the Whistleblowers Bill. However, it has not yet reached committee. Will the Taoiseach assure the House that no Minister wrote to the chairman of the relevant committee to stop this Bill?

I have replied to this question from Deputy Rabbitte a number of times.

We cannot hear the Taoiseach.

I could not hear Deputy Rabbitte but somebody told me what he said.

I can correct that.

Deputy Rabbitte used to shout.

Deputy Roche has been shouting for years and he is still there.

The Taoiseach is in possession.

The Whistleblowers Bill is one of the measures the Government will bring forward.

We still cannot hear the Taoiseach.

When does the Taoiseach intend to introduce the legislation to establish a new racing authority? I want to raise the subject matter of Deputy Duke's Question No. 88 on today's Order Paper relating to snail breeding operations.

That is not in order. Does the Deputy have a question on legislation?

We can understand why he wants a ban on snail breeding.

The Deputy cannot make a speech.

The racing authority will be set up shortly.

The snail is dead, long live the snail.

Will the Taoiseach ensure the mental health Bill, which is due to come back to the House for Report Stage, is proceeded with? It is of great concern to people that this Bill has been delayed for so long. People who suffer from psychiatric illness have not had their rights protected by the State over the years. This is a mod est but important Bill in terms of indicating the Government's commitment to those who suffer psychiatric disorders. I asked before Christmas for Report Stage to be taken quickly and we are still waiting for it.

The Bill is at Report Stage and the delay is due to the work on the amendments agreed.

How long will it take?

It will be taken as soon as the amendments are ready.

On promised legislation, I want to raise two subjects in which Deputies on the other side of the House showed great interest when they were in Opposition.

Can the Deputy remember back that far?

When will we see the legislation on mandatory reporting and the adoption contact register?

The adoption contact register legislation will be introduced in the autumn. I do not see reference to the mandatory reporting legislation on my list.

I am not surprised. Kick to touch.

Will Deputy Mitchell, the chairman on openness, transparency and accountability, tell us who the Inchicore 20 are?

That is not in order on the Order of Business.

Will Deputy Rabbitte's whistleblowers legislation apply to them?

(Mayo): On promised legislation, today's newspapers carry details of a court case in County Mayo where a school bus crashed into the rear of another school bus. There were 90 pupils involved. The road traffic Bill will provide for changes in road traffic legislation and implement aspects of the road safety strategy, including the penalty points system, and certain other measures. Will the certain other measures include a review of bus safety?

A question on the contents of a Bill is not relevant.

Legislation is due this session.

The answer is no.

The Minister of State, Deputy Wallace, publicly announced a few months ago that the Government would broaden the scope of legislation on domestic violence and indicated this would be done in general legislation. In the context of a study carried out by Women's Aid, which indicated that one in four young women knew somebody who had sex against their will, can the Taoiseach say when it is intended to broaden the scope of legislation on domestic violence? There is a family law Bill and a miscellaneous criminal justice Bill on the list of promised legislation. Will the matter be dealt with in one of those Bills or in other legislation?

The Minister of State, Deputy Wallace, made that statement and she is chairing the steering group which will bring forward proposals. I assume the work has to be completed before this happens. The Minister and Minister of State have made it clear in recent months that it is an urgent matter.

Will the Taoiseach get back to me on which legislation will be used because there are two Bills on the list?

Yes.

The board of the North Eastern Health Board is meeting this morning to decide the fate of the maternity unit in Monaghan General Hospital.

Does this relate to the Order of Business?

Yes. Is legislation necessary to allow this unit to be covered by insurance until the review is finalised?

It would be more appropriate if the Deputy tabled a parliamentary question.

We have used every means available to us in the House to try to have the matter clarified. Insurance is necessary and I ask the Taoiseach to look at this issue.

The matter was raised on the Adjournment on Tuesday.

I want to ask about two Bills. Why has the local government Bill, the debate on which is scheduled to begin today, been withdrawn from the schedule for next week? Is this because the Government no longer has a majority in the House for section 14 which will end the dual mandate?

The Deputy should ask questions, not answer them.

I have asked a question and I would like the Taoiseach to answer it.

I thought the Deputy supported section 14.

I am sorry the Minister for the Environment and Local Government is not present as I wanted to congratulate him for launching the national litter strategy yesterday.

The Deputy is making a statement. I ask him to put his question.

He has praised himself for the positive measures he has taken to tackle litter.

The Minister for sound bites.

Will the Taoiseach say if the strategy announced yesterday by the Minister for the Environment and Local Government brings to ten the number of Bills which have been promised by the Minister but which have not yet been published?

Legislation was promised yesterday to significantly increase the fines for litter. The other Bill is scheduled for today.

On the legislation on the Human Rights Commission raised yesterday, has the Taoiseach been able to find out why there has been a delay in bringing that legislation before the House? Will he clarify whether membership of the Human Rights Commission has been agreed?

It has been agreed and the legislation is being prepared.

I have written to the Taoiseach a few times since September about the serious problem affecting the northside region, that is, the gross and dangerous overcrowding on Dart trains. Constituents have told us that there are up to 200 people in each carriage and that somebody will be killed and there will be a major disaster.

Is legislation promised?

Would it be possible for the Minister, Deputy O'Rourke, to address this matter in the House next week as a matter of urgency? I understand that rolling stock can be got from Eastern Europe to make the system safer?

There is legislation on rail safety. The Deputy should raise the matter by way of a parliamentary question. The heads of the rail safety Bill are being finalised and the Bill will be introduced in the autumn. There has been an improvement in the situation to which the Deputy referred but he will get more detail in a reply to a parliamentary question.

On list B of promised legislation to be taken during this session, there is a proposal for the 21st Amendment to the Constitution Bill? When will the Bill be taken and will the Nice Treaty referendum be taken with it?

There are a number of issues which require constitutional amendment and the Government is considering these. As I said during Question Time, a few of these will be taken together, including these two.

That concludes the Order of Business.