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A paper trail of legislation that will languish over summer recess
Shane Coleman Political Correspondent



LESS than a week to go now before TDs head off to the four corners of the country and the globe on their long summer holidays. The end of the Dail session will spark the usual round of disapproving stories about the length of TDs' holidays, but with the Dail and the Seanad not due to sit for three months, even more important questions arise about the efficiency of the Oireachtas in doing its primary job . . . drafting legislation.

Last April, the government announced its 'A' list of bills which it expected to be published before the summer recess. Of the 16 bills listed, only six have so far been published. Although that figure should have improved by next Friday evening, Fine Gael says the result is just not good enough and that "a legislative pile-up" is being caused with bills being 'guillotined', a process where bills are pushed through the house with a fixed time limit. "It's another example of the government overpromising and under-delivering.

A pattern we've become accustomed to, " said a Fine Gael spokesman. The party's chief whip Paul Kehoe is more withering:

"The government should be ashamed of themselves, " he says bluntly. A spokesman for the Labour party says there has been a significant slowdown in the production of legislation.

However, the government is dismissive of such criticisms, pointing to what it says is a solid legislative record since its re-election in June 2002. In those four years, Fianna Fail and the PDs have enacted 154 pieces of legislation, notes chief whip Tom Kitt.

Commenting on the government's record in the current session, Kitt says that on top of the six bills already published, a further four will go to cabinet on Tuesday. And an additional four bills that were not on the 'A' list have also been published, including the legislation to shore up the law on statutory rape after the high-profile Supreme Court decision. Obviously, such crucial legislation has to take precedence and that eats into time that would normally be given over for the scheduled legislative programme, government sources say. Kitt also says that it is possible that further bills of the 16 will be published over the summer even though the Dail is not sitting. "We have a good record of enacting legislation. The figures show that, " he concludes.

That record notwithstanding, a look back at legislative programmes from previous years does indicate some slippage . . .

although the government would no doubt contend that this is true of every administration, with promised legislation being amended, reformed, dropped or simply slipping down the priority list.

The Labour party cites the example of the Abbotstown Sports Campus Authority Development Bill, which had been on every government list since 2003 before being finally published recently, as evidence of this. It isn't the only example. An examination of the government's legislative list from April 2004 establishes that there are 10 pieces of proposed legislation that have still not been enacted.

NATIONAL MONUMENTS BILL This bill will consolidate, update and revise current national monuments acts 1930-2004 "to provide an effective statutory framework" for the regulation of the archaeological heritage and the protection of important monuments. It will also take account of the various Supreme Court and High Court judgements. Was to be published in 2005, the government now hopes to publish it in the first quarter of next year. To be fair, a massive task to undertake.

DEFAMATION BILL Again promised in early '05, but Michael McDowell ran into problems from cabinet colleagues horrified at the notion of liberalising libel laws without counter-measures on privacy. Legislating for privacy has clearly proved to be a tricky business. The government continues to insist the Defamation Bill will be published within two weeks but it has been saying two weeks for a long time.

BROADCASTING AUTHORITY BILL Needed to establish a regulator, the Broadcasting Authority of Ireland; establish RTE as a company under the companies act; and develop a right of reply mechanism. Currently on the government's 'C' list. Originally due to be published in '05, the minister will "shortly" bring this bill to government.

MINERALS DEVELOPMENT BILL Aim is to consolidate and update existing legislation and make better provision for regulation of exploration. Was due in 2005, the latest word is that the "government has approved the drafting of the Minerals Development Bill 2006".

CHARITIES REGULATION BILL Long complained that the charity sector is unregulated, this bill sets out to regulate charities, "so as to ensure accountability and to protect against abuse of charitable status and frauds". Was to be published in '05, but this is a large and complex bill. On the government's current 'B' list. Heads of the bill were approved by the cabinet in March and the Department of Community, Rural and Gaeltacht Affairs are working towards publishing the bill by the end of this year.

OMBUDSMAN AMENDMENT BILL Back in 2000, the Ombudsman wrote that "for the seventh year in succession I find it necessary to record in my annual report that the Ombudsman (Amendment) Bill has yet to be enacted". Six years on, despite approving the heads of the bill in 1999 . . . which would extend the office's remit to bodies in the wider public sector such as public hospitals, Fas and the VEC . . . it will be autumn at the earliest before it is published.

Clearly not a priority as the legislation required is said to be straightforward.

COMPREHENSIVE NUCLEAR TEST BAN TREATY BILL This bill, to implement Ireland's obligations under the International Comprehensive Test Ban Treaty, will not rank as the most crucial piece of legislation ever passed by the Oireachtas. Was due in '05. Now on government's 'A' list and hoped to be published in the next four to six weeks.

BUILDING SOCIETIES (AMENDMENT) BILL Supposed to be published in spring 2004, it finally saw the light of day a fortnight ago. When enacted, it will give building societies discretion, if they wish, to opt out of rules that prevent them from being taken over within five years of demutualising.

UDARAS NA GAELTACHTA BILL Aims to "clarify and update" the current act which gives the udaras its powers and functions. Review process now complete and the department expects the heads of the bill will be brought to government during 2006.

JUDICIAL CONDUCT AND ETHICS BILL Designed to provide "effective remedies for complaints against judicial misbehaviour", the bill was stalled by the Judge Brian Curtin Supreme Court case. Now called the 'Judicial Council Bill', it is at an "advanced stage" and due for publication "this year".




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