21 Briefing note for meeting of 20 May 1998 Part Release Article 28 of the Constitution Sections 19 & 46(1)(b) 22 Supplementary note for meeti ng of 20 May 1998 Part Release Article 28 of the Constitution Sections 19 & 46(1)(b) 23 Briefing note for meeting of 26 May 1998 Part Release Article 28 of the Constitution Sec tions 19, 21, 23, 26, 27, 28, 31 & 46(1 )(b) 24 Supplementary note for meeti ng of 26 May 1998 Part Release Article 28 of the Constitution Sections 19, 21, 26, 27 & 31 25 Briefing note for meeting of 3 June 1998 Part Release Article 28 of the Constitution Sections 19, 21, 26, 27. 28 & 31 26 Supplementary note for meeting of 3 June 1998 Part Release Article 28 of the Constitution Sections 6 & 19 27 Briefing note for meeting of 9 June 1998 Part Release Article 28 of the Constitution Sections 19, 21, 24. 26, 27.31. 46(1)(b) & 46(1)(d) 28 Supplementary note for meeting of 9 June 1998 Part Release Article 28 of the Constitution Sections 19, 24&46(1)(b) 29 Briefing note for meeting of 12 June 1998 Part Release Article 28 of the Constitution Section 19 30 Bri efi ng note f or meeting of 16 June 1998 Part Release Article 28 of the Constitution Sections 19, 28&46(1)(b) 31 Briefi ng not e for meeting of 23 June 1998 Part Release Article 28 of the Constitution Sections 19, 21, 26, 27, 31 & 46(1 )(b) 32 Briefing note for meeting of 1 July 1998 Part Release Article 28 of the Constitution Sections 19, 21, 26, 27, 28, 31, 46(1 )(b) & 46(1)(d) 33 Supplement ary note for meeting of 1 July 1998 Part Release Article 28 of the Constitution Section 19 34 Brief ing note for meeting of 8 July 1998 Part Release Article 28 of the Constitution Sections 19&46(1)(b) 35 Briefing note for meeting of 15 July 1998 Part Release Article 28 of the Constitution Sections 19&46(1)(b) 36 Release Article 28 of the Constitution Sections 19 & 24 37 Briefing note for meeting of 22 July 1998 Part Release Article 28 of the Constitution Sections 19, 21, 26, 27 & 38 (Early draf t of) Briefing note for meeting of 27 July 1998 Part Release Article 28 of the Constitution Sections 19 & 27 39 FOI requests log from 2003 to 2005 Part Release Section 28
GOVER NMEN T MEETING ON WE DNESD AY 20TH MAY, 1998
Taoiseach.
AGENDA ITEMS
Item No. 1A m b a s s a d o r o f J a m a i c a t o I re l an d : A p p o i n t m e n tThis is the first app ointme nt of an Am bass ador of Jam aica to Ireland. He will beresident in Brussels.
Item No. 2
Dub l in Ins t i tu te o f Ad van ced S tud ies Scho ol o f Ce l ti c S tud ies :A p p o i n t m e n t o f a S e n i o r P r o f e ss o rThe Minister is recommending Fergus Kelly, Lit.D, as a Senior Professor to fillthe vacancy created by the retirement of Proinsias MacCana, in July, 1996.
Item No. 3Cent ra l Bank : Rep or t and Ac co unts , 1997
This is the normal annual item which is due for publication on 27 May, 1998.
£98.758m . accrued to the Exchequ er as surplus income of the Bank.
Item No. 4Aer Rian ta Repor t and Accounts , 1997There is an increase a 6.7% on net profits from the previous year. The c ashsurrender to the Exchequer in 1997 was £14.9m. as against £12.9m. in 1996.Under the provisions of the Air Na vigation B ill currently at report stage in the Dail,the 3 State airports (Dublin, Shannon and Cork) will be formally vested in thecompa ny with effect from 1 January next.
Item No. 5Coi l l te Teo : An nu a l Repor t and Ac co unts , 1997There wa s an increase in profits of 4.8% ov er 1996.
The Chairman comments on the "unexpected and disappointing outcome" totheir efforts to acquire a majority sh areholding in Balcas, which w as pro hibited bythe Tanaiste under the Mergers and Takeovers (Control) Acts, 1978-1996. Youwill recall that this came before Government, on two occasions.
Item No. 6IMMA: An nua l Repo r t and Ac cou nts . 1996The basic Government grant-in-aid increased by 4% to £1,390,000 in 1996. TheMuseum's own generated income rose from £185,000 to £226,000 in 1996.
The Chairman is seeking statuto
Item No. 7
Office o f the At to rn ey G enera l : Ann ua l Repo r t 1996/7This is the first Ann ual Report on the O ffice of the Attorney Gen eral an d coversthe period
App end ix I to the me mo rand um sets out progress achiev ed in relation torecom me ndations of the 1995 R eview of the A G 's Office. The staffing of thedrafting s ide needs urgent attention and the A G 's Office are discu ssing thisaspect with the Department of Finance in the context of the recent Governmentdecision to establish a Statute Law Revision and Consolidation Unit.
The Attorney General is progressing the implementation of recent G overnmentdecisions relating to the Repo rts of the Law Office Review G roup andConsultants on the Law Reform Commission.
Item No. 8C o n v e n t i o n o n J u r i s d i c t i o n a n d R e c o g n i t i o n a n d E n f o r c e m e n t o fJud gem ents in Ma t r imonia l Mat te r s : S igna tu reIt is intended that this EU Convention and Protocol be signed when they areopen for signature by Mem ber States on 28/29 May, 1998.
Ireland w ill be m aking a declaration to the effect that our c ourts w ill be allowed torefuse to recognise a divorce which had been obtained on the basis of a falseclaim to habitual residence in another Member State.
Legislation will be required for the adoption of the Convention and Protocol.
Item No. 9IL O : C o n v e n t i o n s a n d R e c o m m e n d a t i o n s a d o p t e d a t v a r i o u s s e s s i o n sThe Tanaiste is seeking approval for the course of action she proposes taking inrespect of six Conventions and one Protocol, as outlined in the summary.
The intention is to ratify/adopt tho se for which legislation is already in place inIreland and defer those which are not relevant to Ireland or for which thenecessary legislation is not yet in place.
A White Paper is attached, for presentation to the Houses of the Oireachtas,summarising the main provisions of the instruments and outlining the proposedGove rnme nt action in each ca se. This fulfils the obligation to bring to theattention of the appropriate authorities the standards adopted at internationallevel and Governments intentions.
place with ICTU and IBEC. f / ^
Item No. 10Eco nom ic and Soc ia l Com mit tee (ESC) o f the Europe an Union : No mina t ionof I r ish me mbe rs
The current term of mem bership expires on 20 Septembe r, 1998, and theCouncil wish to decide on the new Committee in July.
I understand that Dermot McCarthy provided you with a separate note on theitem.
Electoral (Am en dm en t) (No. 2) Bi l l . 1998: TextAutho risation to draft the Bill was g iven on 7 April, 1998.
The Bill implements the Commission's Report in fulM
Item No. 12Inves to r Co mp en sa t io n Bi l l, 1998 : Tex tAuthority to draft the Bill wa s given in Decem ber, 1997. The purpos e of the Bill isto ensure that EU Ob ligations arising from the EU directive are met by therequired date and other related matters.
The Bill includes all but three of the amendments to the InvestmentIntermediaries Act put forward by the Dail Select Committee on Enterprise andEconom ic Strategy. The rejected amendm ents and the reasons are set out inparagraphs 16 and 17 of the m emorandu m.
Approval is sought for the publication of the text subject to drafting changesoutlined in paragraph 3.
A press release is appended to the memorandum.
Item No. 13
Item No. 14Publ ic Pr iva te Par tne rsh ipsTwo points occur on exam ining the draft decision and the back-up papers.
Firstly the target d ate of end-June . 1998, for a report from the interdepartm entalgroup may not be realistic given all the complexities involved (born out by theexperience in the U.K.).
Secondly having regard to all the legal aspects involved [par. (iv)(c) of thedecision soug ht] the A.G.'s O ffice m ight also be considere d for nom ination to theinterdepartmental group.
Item No. 15I n v e s t m e n t - B a s e d S c h e m e of Na tura l i sa t ionThe purpose of the me mo is to seek Government approval for a further 20naturalisation applications under the old scheme which, with some minorvariations/exceptions was put in suspension by the previous Government inSeptember. 1996.
Particulars of these additional cases are not supplied by way of schedule to themem o or otherwise. Because a "very early Government de cision is needed"there have been no consultations w ith the D epartments co ncerned. ^
( H H f l H i l ^ Copies of the memo havebeeh supplied to all concerned in adv ance.
Item No. 16Off ic ia l Secre t s Ac t . 1963 : Ass ignment fo r Respons ib i l i ty o f Rev is ionThe Government approved the Report of the Interdepartmental Group onClassified Official Information on Tuesday 28th Aprjj
Item No. 17P r o g r a m m e f o r t h e R e n e w a l o f L o c al G o v e r n m e n tMinister Dem psey |position to proceed?
: is now in a
It was agreed at the meeting of 5 May. 1998, that the Department of Marine andNatural Resource s wo uld be included in the task force being establish ed to drawup a model for integration of local government and the local developmentagencies - para 1 (6) of the memorandum.
Mr. Dermot McCarthy provided you with a separate note on this matter,
Item No. 181998 CURRENT EXPENDITURE: Measures to o ff se t emerg ing inc reases
We have no further information as to when the Minister for Finance proposes to
take this item - now on the Agenda since early February.
Animal Hea l th Prob lems in Askea tonW e understand from Agriculture and Food that an aide memoire is beingprepared to inform Government that the EPA are about to announce theirdecision on the IPC licence application by Aughinish Alumina, although theanimal health investigations have yet to be completed.
The Interdepartmental Com mittee of Secretaries General are to consider a draftprotocol prepared by the EPA, and the outcome of their consideration is to bereflected in the aide memoire .
Non Agenda
Standards in Pub l ic Off ice Leg i s la t ion (F inance)I understand that Finance have completed their work at official level on thegeneral scheme of this proposed Bill and that the matter is now with the Ministerfor "sign off' at political level before the draft procee ds further.
S p e c i a l G o v e r n m e n t M e e t i n gThis has now been arranged for Fr iday 12 June at 10.00 a.m.
M em oran dum for Governm ent Re: N ominationof IrishMember s of the Economic and Social Committeenf the FT;
The Minister for ForeignAffairs is bringing the above memorandum to Governmentnext Tuesday. The position is that the term ofoffice of the current ESC expires on20th September, 1998. Mem ber states have therefore been requested to submitnom inations by 18th M ay (or as soon as possible thereafter) to enable C ouncil todecide on the new Com mittee in July.
There are nine Irish memb ers on the Com mittee, which is an advisory body to theCouncil and the Com mission on a rangeof economic and social issues. Thedistribution of the Irish seats since the establishmentof the Committee has been -three employer representatives; three trade union representatives (including one fromNo rthern Ireland); tw o representatives of the farming sector and one representativeof the social sector. The m ethod used in selecting Ireland's nom inees in the past hasbeen to invite representative organisations from allof these sectors to suggest namesfor consideration by the Governmen t. However, in view of the change d nationalpartnership situation underPartnership 2000 (in particular the widen ing o f the
process to include a Com munity and Voluntary Pillar), it is now m ore appropriate touse the Partnership m echanismJInvite nominations from all four pillars under theAgreem ent. Und er such arrangement the nominations would be sought by thisDepartment.
There have been representations in the past from other groups (ie ISME and theConsumers A ssociationof Ireland) seeking representation on the Committee^
low ever, I suggest that it is wise to stick with the four pillars ofsocial partnership in seeking nom inations, especially given the limited num ber of
seats.
If the Government approves the nomination process recommended in themem orandu m, we w ill then seek nom inations, including alternates, as a matter ofurgency.
The long awaited RTE Library Shot has now been arranged for tomorrow, as fullattendance is expected. Ministers have been informed.
Investor Co m pe ns at io n Bi l l , 1998: T ext ( I tem No. 12 on the main Agen da)I attach a note in this regard from Mr. Donagh Morgan which was received sincemy note to you of yesterday's date.
SUPPLEMENTARY AGENDA
Disposa l o f Te leco m E i reann ' s and R .T.E' s Sha reho ld ing in Cab le l inkIni tia l Publ ic Offer ing ( IPO) in Telec om EireannBoth of these items are essentially progress reports for Government ondevelopments in the disposal of Telecom's shareholding in Cablelink and theESOP in Telecom since these matters were considered at Government on 7 Apriland 31 March, 1998, respectively.
No Government action is called for in either case at this stage.
Animal Hea l th Prob lems in Askea ton
This item is for noting only.
The Inter-Departmental Committee of Secretaries-General noted that theinvestigations undertaken to date had not identified any pollutant which mightberesponsible for animal health problems that had been encoun tered prior to 1995.
The EPA willshortly be making a decision on the IPC licence for AughinishAlumina, which is likely to be criticised by local interests. How eve r, the making ofth e decision is a legal n ecessity at this point.
The EPA intend issuing a detailed statement when they publish the draft protocolfor dealing with future animal health problems - attached to the Aide Memoire.
Minister of State Cullen will be making a presentation on F r e e d o m o fInformat ion a t 10.00 a.m., in th e Council Chamber.
AGENDA ITEMS
Marine Ins t i tu te ; An nu al Repo rt and Acc ou nts , 1996 ( I tem No. 1)The Marine Institute was established in 1992 and has in that time accumulated asurplus of £39,9 67. The Institute incurred a deficit of £10 ,256 during 1996,withthe transfer to the Institute of responsibilities for the Fisheries Research Centreand research Vessel operations.
The Institute has made significant progress to date, with notable advances beingmade in the promotion and co-ordination of marine R&D . It is anticipated that theInstitute will return a profit for future years on foot of ongoing developments in thesector.
Di rec to r o f Co nsu me r Affa ir s : Ann ua l Repor t , 1997 ( It em No. 2 )The Director is highly critical of the failure to fill half of the additional postsapproved by Government.
This issue is addressed in the accompanying Press Release .
Bo rd Gais Eirean n: An nu al Report and Acc ou nts , 1997 ( I tem No. 2)Net profits were marginally less than in 1996 reflecting the cost of increasingamounts of North Sea gas imports. £26m . was surrendered to the Exchequer in1997.
A study into future needs, which is being undertaken jointly by DPE and BGE, isexpected to be com pleted by Septem ber, 1998. This will identify optionalinfrastructural needs.
Pre -Access ion Pac t on Organ i sed Cr ime wi th the Appl ican t coun t r i es o fCentra l and Eastern Europe and Cyprus ( I tem No. 4)The authority of the Government is requested to arrange for the agreement at theJHA Council of th e 28 and 29 May, on behalf of Ireland, to a Pre-Accession Pacton Organised Crime w ith the Applicant Countries of Central and Eastern Europe
and Cyprus and the laying by the Minister for Justice. Equality and Law Reformof the Pact before Dail Eireann.
The Pact aims to enhance co-operation in the area of organised crime in
preparation for access ion and takes the form of a com mo n po litical declaration(rather than a legally binding commitment) to promote law enforcement co-operation. The Pact comp rises fifteen principles in relation to co-operation in thefight against organised crime and other forms of serious crime.
The Pact notes that the CCEEs and Cyprus have expressed their intention toadopt and imp leme nt effectively the relevant international Conve ntions. It isalso noted that these countries intend to conclude formal agreements withEuropol, espec ially with regard to posting Liaison Officers in the Hagu e.
This is one of five items of a EU Jus tice and Home Affairs nature to appearon the Government Agenda today. All of them seem to be of a routinenature and the question arises whether there is a need for all of them to bebrought to Government. The practice in relation to EU directives andmeasures in the Common Foreign and Security Policy area of EuropeanUnion business is to put only matters requiring attention at Governmentlevel (due to their national implications at interdepartmental scope) on theGovernment agenda.
EU Co nve n t ion o n Dr iv ing D isqua l i f i ca t ions ( It em No. 5)The authority of the Government is sought to arrange, on behalf of Ireland, forthe signature, subject to adop tion, of the Europ ean U nion Co nve ntion onDriving Disqualifications
The purpose of the p roposed C onvention is to provide a structure through whicha driving disqualification applied in a member State to a person who is a residentof another member State can be applied in the latter State.
At present where a non-resident is disqualified, the effect of that
disqualification applies only in the State where the offence was committed.When the person leaves that State, the licence must be returned to him/her.This Convention will provide that all disqualifications to which it relates mayhave effect throughout the European Union.
This Conv ention w ill not be signe d at the Justice and Hom e Affairs Cou ncilscheduled for the 28 and 29 May 1998 but at a Council shortly thereafter.
European Agreement Re la t ing to Persons Par t i c ipa t ing in Proceed ings o fthe Europea n Cou r t o f Hum an Righ t s : S igna tu re sub jec t to ra t i fi ca t ion(Item No. 6)
S ix th Pro toco l to the Genera l Agreement on the Pr iv i l eges and Immuni t i e sof the Counci l of Europe ( I tem No. 7)These are hou sekeeping i tems necessitated by the reforms of the E uropeanCourt of Human Rights (i.e. establishment of a new permanent Court which willenter into force on 1 November. 1998)
Urba n Ren ew al Bill . 1998: Te xt (Item No. 9)Authority to draft the Bill was given last April. Differences betw een the ge neralscheme and text of the Bill are set out in paragraph 6 and include an amendmentto take account of the decision on the Bacon R eport recomm endations.
Na t iona l Spor t s Ant i -Drug Programme ( I t em No. 10)In order to ratify the Council of Europe Anti-Doping Convention which we signedin 1992. we must establish the requisite drugs testing, education and researchprogra mm es. An advisory group was set up in June , 1997, and theirrecomm endations are set out in the m emo.
The estima ted cost of £36 5,00 0 p.a. will be met from e xisting a llocations.
Commit tee have been working on thisfor 12 months . No test ing is expected to take place before 1999.
1998 Cur ren t Ex pend i tu re : Measures to o ff se t em erg ing inc reases ( It emNo. 11)W e have no further information as to whe n the Minister for Finan ce proposes totake this item - now on the Agenda since early February.
SUPPLEMENTARY AGENDA
JHA I temsForeign Affairs will be submitting items on behalf of the Minister for Justice,Equality and Law Reform in relation to the Justice and Hom e Affairs Cou ncil on28/29 May, (Items 4 and 5 on the main agenda also refer).
They provided the following briefing material for you at our request.
Jo in t Ac t ion to es tab l i sh a mechan i sm for co l l ec t ive eva lua t ion o f theenac tment , app l i ca t ion and e ffec t ive implementa t ion by cand ida tecou ntr ies for ac ce ss ion to the Un ion of the acq uis of the Un ion in the fie ldof Jus t i ce and Ho me Affa ir s .The Government are asked to approve the adoption of a Joint Action to establisha mechanism for collective evaluation of the enactment, application and effectiveimpleme ntation of the Justice and H ome Affairs acquis by thecandidate countries for accession to the European Union.
The draft Joint Action (a legally binding instrument) provides for theestablishment of a mechanism for the collective evaluation by Member States ofthe enac tmen t, application and effective impleme ntation of the Justice and HomeAffairs acquis by the cand idate countries for acces sion to the Euro pean Union. Itinvolves the establishm ent of a group of experts from Mem ber S tates and theComm ission, under the Co mm ittee of Permanent Re presentatives, with the taskof preparing and up-dating collective evaluations of the situation in the candidatecountries in relation to the JHA acquis.
The Joint Action will be agreed in principle by the Justice and Home AffairsCouncil on the 28 and 29 May 1998 and subsequently will be formally adopted ata General Affairs Coun cil.
Jo in t Ac t ion on Good Prac t i ce in Mutual L e g a l A s s i s t a n c e in C r i m i n a lMatters .The Gove rnment is asked to approve the adoption by the Justice and Home
Affairs Cou ncil of the Joint Action on Good P ractice in Mutual Legal Assistance inCriminal Matters.
The Joint action sets out practical ways of improving mutual legal assistancebetween the M embe r States of the European Union and further builds on theco-operation already existing in dealing with requests for mutual assistance.
The ex tens ion o f Europo l ' s r emi t to inc lude t e r ro r i sm as p rov ided fo r underthe Europo l Co nve n t ion , a s f rom 1 Janua ry 1999 .The Government is asked to note the Council 's intention to approve, inprinciple, the extension of Europol's remit to include terrorism as provided forunder the E uropol Conve ntion, as from 1 January 1999.
Following some initial consideration by the Council of the study prepared bythe Europol Drugs Unit on the feasibility of this proposal the JHA Council on28/29 May 1998 will be asked to agree on the following approach:
work in principle towards Europol taking up its terrorism remit from 1January 1999;launch a preparatory phase from 1 June 1998 (creation of a projectteam of experts from volunteering Member States working at th eEuropol Drugs Unit to produce a project plan);implement the remit on a gradual basis, with an initial start in
early 1999 and progressive imp lemen tation from m id-1999 taking intoaccount priorities developed during the preparatory stage;the Coun cil to adopt a formal decision in the matter when theEuropol Convention has entered into force.
So l ic i to r s (Ame ndm ent ) B i l l . 1998 : Tex t
Authority to draft the Bill was given on24 March, 1 998. The p urpose of the Bill isto provide stricter controls on advertising by Solicitors, particularly in thearea of
persona l injury. It has been drafted in cons ultation with the De partme nt ofDefence and the Law Society.
Differences betw een the gen eral sche me and the text of the Bill, concerningadvertising by non-solicitors, misconduct, and injunctions, are set out inpara 4 ofthe memorandum.
A draft Press Release will accompany the memorandum.
VHI (Am end me nt ) B il l : Gen era l Sche meHealth and Children have indicated that they will be submitting the above item,the purpose of which is to enable the Board to act as agent in the makingavailable of health insurance to persons who will be resident outside the State fortemporary periods.
F a m i n e C o m m e m o r a t i o nThe Whip may ask to have placed on the Supplementary Agenda an aidememoire, for noting only, in relation to the above.
Loca l Go vernm ent Bi l l . 1998 : Ear ly S igna tu re Mot ionThe Bill must be enacted by 2 June, 1998, if the elections are to be postponeduntil 1999. Otherwise the 1994 Act binds the Minister to making an Orderspecifying the date of the elections.
So l ic i to r s (Amendment ) B i l l , 1998
I referred to this in my p revious note.
The Legislation Com mittee are requesting that, if approva l to publish is given, theBillgo to the Seanad first.
As y lum Seekers : Upda teThe Minister for Justice, Equality and Law Reform has provided the update
It is acknowledged in the aide memoire that the intake has increased since July,1997, as has the backlog, despite the taking on of new Departmental staff.
There is sanction for further staff and the outcome of internal/CSC competitionsis awaited to fill remaining posts.
Garda Expendi tu reJustice, Equality and Law Reform informed us - at lunchtime toda y- that theyhave com me nce d preparing an aide memoire on the abov e. No further detailswere forthcoming at the time, but we have asked that advance copies beprovided as soon as possible.
A m b a s s a d o r i a l Tr a n s f e r sSubject to further cons ultations with their Minister, Foreign Affairs expect to havea memorandum later this evening (tonight) or first thing tomorrow a.m.suggesting a number of changes.
The main difficulties about wh ich I spoke to you have been resolved.
Com pet i t ion A utho r i ty : A nnu a l Repor t , 1997 ( I tem No. 1 )The 1991 Act requires the Minister (Tanaiste in this case) to lay this Reportbefore the Houses of the Oireachtas.
1997 was the first full year of operation of the 1996 Act, wh ich ga ve the authorityenforcement powers and created the post of Director of CompetitionEnforcement.
220 complaints were received in 1997, and in addition 52 were carried over from1996. 156 case s have now been closed off leaving 116 case s open. The
complaints received relate mainly to price fixing and abuse of dominant position
Mergers a nd Ta k o v e r s (Cont ro l ) Ac t s , 1978 to 1996: A n n u a l Report . 1997(Item No. 2)This is the usual annual item setting out the number and nature of investigationscarried out by the Authority, of proposed mergers or takeovers.
A total of 201 cases were notified, 136 of which we re found not to fall within thescope of the Act.
CIE: Annual Report and Accounts , 1997 ( i tem No. 3)1997 records an improvement in CIE's financial position - net "profit" hasimproved from a loss of £1.2 m. to a "profit" of £6.6m . in 1997. Debt has b eenreduced by £5.4m. to £147.4m . Operating costs have also been reducednotwithstanding rising wag es and increased passen ger carryings.
Most of the Exchequ er su bvention went to larnrod Eireann, as in previous years(£92.4m . of the £10 4.9m . provided). The Annual Repo rt draws attention to theneed for substantial investment in mainline and suburban railways in addition tothe current EU programme.
Live Reg is ter : M on thly Rep ort ( I tem No. 4)This has not yet been received - it is expected as usual, the day before themeeting.
Indus t r i a l Re la t ions Ac t . 1990 : Order to ame nd def in i t ion o f "w or ke r"(ItemNo. 5)The Tanaiste is seeking approval to draft an Order (draft attached to memo) toextend the scope of the Labour Relations Com mission/Labour Court , to includeofficers of local authorities and H ealth Boa rds.
R a t i f i c a t i o n o n A m s t e r d a m Tr e a t y / E u r o p e a n C o m m u n i t i e s ( A m e n d m e n t )Bill . 1998: Tex t (Item No. 6)
The final version of the mem orandum on the amen dme nts to the EuropeanCommunities Act which will be necessary to reflect the changes in the Treatieson part of the Amsterdam Treaty has not been received from the Minister ofForeign Affairs at the time of writing.
Ec on om ic and Mo netary Un ion Bi l l , 1998: Text (I tem No. 7)This Bill provides for the introduction of the Euro as the national currency andwillensure that the Euro replaces the pound as the currency of the State.
There has been wide consultation in relation to the Bill and publication will befollowed by an intensive publicity campaign by the Euro Changeover Board ofIreland.
Consumer issues such as dual pricing which are the responsibility of theDepartment of Enterprise, Trade and Employment are not covered in the Bill.
Indus tr ia l Dev elop me nt (Enterp r ise I re land) Bi l l . 1998: Text ( i tem No. 8)The Gene ral Sch em e of this Bill was cleared by Govern me nt on 5 Ma y. It isintended to have the new Agency operational in July.
The Bill would need to be cleared at this meeting.
Mi l l enn ium Stee r ing Gro up: Es ta b l i shm ent ( It em No. 9 )The Memorandum proposes the establishment of a Government MillenniumSteering Group, to be chaired by Minister of State, Seamus Brennan which willexamine and make recommendations on projects to mark the Millennium.
Extens ion o f P i lo t P rogramme fo r the Employment o f Peop le wi thDisabili t ies (Item No. 10)The proposal is to extend this pilot programme to the end of the current year,pending the transfer of responsibility for employmentmatters for the disabled toEnterprise, Trade and Employment. This is sensible
There is also a proposal to increase the rate of subsidy per disabled employee by£1,100, the first increase since 1994.
Finally, it is proposed that the participants retain secondary benefits and PRSIexem ption. Aga in, this is reasona ble in all the circum stance s.
Implem enta t ion o f the Persona l Pub l ic Serv ice Num ber, Un der the 1998Social Welfare Act ( I tem No. 11)It would be desirable that the new PPSN should also facilitate electronic fundstransfer.
50m Sw im m ing P ool Pro ject : Clar i f icat ion re . Sta te fun din g ( I tem No. 12)[
Capi ta l Inves tment Programme fo r Ki l lybegs and Other Major F i sher iesHarboursThe proposal is for an investment package of £22m. for Killybegs - to be financedby Structural Funds,
Va luat ion Bi l l. 1998: Gene ral Sch em eSee separate note attached from Mr. Dermot McCarthy.
*
Cl imate Change Po l icyThe Minister for the Environment and Local Government requests theGovernment to note the negotiating stance he intends to adopt at theEnvironm ent C oun cil 16-17 June. This is set out in full in paragrap h 16 of theaide memoire.
Parenta l Leave Bi l l (note from Mr. Dermot McCarthy)W e are expecting a mem orandu m on this. The Bill implements a Eu ropeanDirective and provides for leave for parents of children born within two years priorto its passing and from n ow on, up to the age of five yea rs. Th e prescribed datefor implementation wa s 3 June and this was a com mitment in Partnership 2000.The ICTU h ave protested at the delay. They have also protested, both to theMinister and to Commissioner Flynn, that Ireland sought and received aderoga tion of six mo nths for impleme ntation. This was don e without c onsu ltationwith them and, they believe, without proper justification in terms of the Directive.
The de rogation w as sough t in the light of the pressure of work in the Equality
division in the Department, to prevent exposure to claims for compensation in theevent of delaye d implem entation. In all of the circum stance s, it is desirable thatthe Bill be processed as speedily as possible.
A related issue is that of payment. The ICTU are arguing strongly that someprovision for payment through a social insurance benefit is essential if theintentions of the Bill are to be met. They are signalling informally that one
mon th's benefit wou ld be desirable. They have re-inforced this dem and in thelight of the delay w ith this Bill. This is primarily a matter for con side ration in thecontext of the Estimate for Social, Comm unity and Fam ily Affairs, although itwould have cost implications for the public servants not covered by socialinsurance. Discuss ions on this aspect are continuing in the context of P2000.
Chi ldcare : Upda te (note from Mr. Dermot McCarthy)
The report indicates that the Expert Group established under P2000 ismaking good progress and expects to produce a consen sus report . An e conom icevaluation of the issues involved will be available before the end of June.
What is emerging is the need for a national framework specifying the appropriaterole of the different Dep artmen ts and Agen cies, who have n ecessa rily differentbut com plem entary respons ibilities in this area. An approa ch not unlike thenational drugs strategy is envisag ed. It is also propos ed to deve lop a co-ordinating role for Loc al Authorities in the deve lopme nt of facilities at local level.This will be pursued initially on a pilot basis.
The report is for noting. It is helpful to have this update since it may preventcontradictory initiatives being launched in other Departments, pending fullconsideration of the matter at Government.
Spec ia l Trad ing House L icen s ing Sche me: Term ina t ionThe Ta naiste's Office have indicated that they will be subm itting an item en titledas abov e. The y are awaiting observations from relevant Dep artmen ts.
]In te rven t ion in European Cou r t of Jus t i ce - Case on PatentsThis M inister for F oreign Affairs on behalf of the Minister for En terprise, Tradeand Employment is bringing forward a memorandum seeking permission forIreland to make a written intervention in a European Court of Justice case onPatents.
The case is being brought against a German regulation that any EuropeanPatent must be lodged in German with the German Patent authorities withinthree months of lodgement with the European Patents office.
Ireland supports the German position in that failure to oblige lodging of thedocuments in the language of the national authority would make for a lack oftransparency in the Patent system.
NON-AGENDA
G o v e r n m e n t P r o c e d u r e I n s t r u c t i o n s (new edition)
As well as updating theInstructions, guidance has been included to":over such issues as ethics, freedomof information, etc.
[
]1 7 9 8 C o m m e m o r a t i o nI understand there have been suggestions that the Dail should mark, in anappropriate wa y, the 200 th Annivers ary of 1798. This might take the formofstatements to be mad e on a date to be agreed before the summ er recess.
Spec ia l Government Mee t ing Schedu led fo r F r iday 12 June
/e are not clear as to what precise agenda isintended for that meeting. If any special docum entation is required it wo uld be aswell to identify this now .
SUPPLEMENTARY NOTE FOR GOVERNMENT MEETINGWED NESDA Y 3 JUNE, 1998
Taoiseach,
MAIN AGENDA
1998 Current Expendi ture ( I tem No. 14)Finance, as expected, have subm itted an updated version of this mem orandum,which has been o n the Agend a since February. Cuts of the order of at least£114m. are being sought against a background of a possible total over-run of£227m. to £247m.
They have also submitted an aide memoire entitled 1999-2001 No Policy Change- Expenditure Projections for the information of the Government, to be takenalongside the above.
SUPPLEMENTARY AGENDA
Cl imate Change Po l icyThis was sub mitted on Friday for the Supplementary Agen da.[
]Furthermore, they jointly commissioned with DPE a consultancy study which
shows that a target 15% is achievable without economic dislocation.
As a result of the study and following a public consultation process the Ministerfor the Environment and Local Government intends bringing a draft NationalGreenhouse Gas Abatem ent Strategy to Governme nt for approval in due course.
Proposals involving a change in settled policy should be dealt with through themem orandum procedure which involves prior consultations with colleagues wh ohave functional interests in what is now being suggested.
Am bas sad or o f Braz il to I re land : Ap po in tm en t (I tem No. 2 )Am bas sad or o f Ukra ine to Ire land : Ap poin tme nt ( It em No. 3 )These are routine items.
Pro toco l amendment the 1950 Consu la r Conven t ion Be tween I re land andthe USA: Sig natu re by I re land ( I tem No. 4)
This propose s new reciprocal arrangem ents for tax exem ptions. There are noobjections.
Fo i r Teoran ta (Disso lu t ion) Ac t , 1990 : Repor t and Ac cou nts o f the asse t sand l iabi l i t ies to ICC Ba nk, for the year e nded 31 Oc tobe r, 1997 ( I tem N o. 5)A written off debt of £4.6m. with Sem perit was repaid wh en that C ompa nyceased operations.
An Bo rd Bia: An nu al Re port . 1997 ( I tem No. 6)A successful yea r for the food sector with strong growth in most sectors. An 18%decline in sheepmeat supplies, reduced exports (mainly to France) by 51,000tonnes. Beef continu es to suffer a BSE legacy in Europe an ma rkets, althoughtotal exports still grew by 6% on 1996. Hom e market retail sales for beef were up7% .
Overall expor ts g rew by 3% (earnings of £4.9 bn.)
ECJ Case re . Ge rma n Paten t Office ( I tem No. )The Minister for Fo reign Affairs on behalf of the Minister for E nterprise. T radeand Em ploym ent see ks perm ission for Ireland to mak e a written intervention in aEuropean Court of Justice case on Patents.
The case is being brought against a German regulation that any EuropeanPatent must be lodged in German with the German Patent authorities withinthree months of lodgement with the European Patents Office.
Ireland supports the German position in that failure to oblige lodging of thedocu me nts in the lang uage of the national authority wo uld m ake for a lack oftransparency in the Patent system.
Bo vine Diseas es (Levies) Ac t . 1979: Re duc t ion of ra tes of levies (Item 10)It is proposed to reduce the Bovine Diseases Levies paid by farmers by 20%.They contributed £1 0.64 m. of the £38.8 0m. cost in 1997. Since 1996, farmerspay private veterinary practitioners for the first test on their herds each year(other than in defined circumstances).
11 legal and Harm ful Use of the Internet : Fi rs t Rep ort of W ork ing Gro up(Item No. 11)The memo is yet to arrive*
Agr icu l tu ra l P r ices and Re la ted Measures : EU Co mm iss ion Propo sa l s(Item No. 12)The Minister sets out the strategy to be pursued at the Council meeting of 22/23June, 1998. The approa ch is recommending for current negotiations and as amarker for the future, esp ecially Agen da 2000 discussions. The propos edextension of the male beef premium ceiling is of some economic and political
significance and this will be the principal conc ern.
Ope n ing o f Res iden t Dip lom at ic Miss ions in Mexico and Turkey, andConsulates General in Scot land and Wales ( I tem No. 13)[
]The Minister proposes new E m b a s s i e s in Mexico and Turkey on the basis oftheir regional economic and political importance and growing relationship with theEU. They would each have set-up and running costs of £0.45m. and £0.55m.respectively.
[
]
It is also proposed to establish Consulates General in Scotland and WalesTheir set up and running costs would be £0.18m. and £0.26m.
Associated with the devo lved Governmen ts in Scotland and Wa les, contributingto the British Irish Council process envisaged under the Good Friday Agreementand undertaking part of the consular role in Britain, the case for the Consulates isvery strong and the cost is low.
W ith regard to the Em bassies, it is not easy to apply the N PC frame work to
foreign represe ntation. It is simplistic to sugges t an estab lished relationshipshould be diminish ed to allow scope to develop elsew here . The case for newmissions goes beyond the trading possibilities reviewed by the FEC.
The costs are not huge and could also be considered as relief/support to themission in Washington and with the consular work already arising from Turkey.
Deve lopmen t o f a Chi ldcare In f ras t ruc tu re : Co -ord ina ted Na t iona lFramework ( I tem No. 14) (note from Mr. Dermot McCarthy)
s report indicates that the Expert Group established under P2000 ismaking good progress and expects to produce a consensus report. An e conom icevaluation of the issues involved will be available before the end of June.
What is emerging is the need for a national framework specifying the appropriaterole of the different Departments and Agencies, who have necessarily differentbut com pleme ntary responsibilities in this area. An app roach not unlike thenational drugs strategy is envisaged . It is also proposed to dev elop a co-ordinating role for Local Authorities in the development of facilities at local level.This will be pursued initially on a pilot basis.
The report is for noting only and could be cleared at this meetingJ/^KFHHBVM flW Hm HM NRHM WM ^ fo haveupdate since it may prevent contradictory initiatives being launched in otherDepartments, pending full consideration of the matter at Government.
See separate note attached from Mr. Dermot McCarthy.
SUPPLEMENTARY A GENDA
Telecom Ac co un ts fo r Year Ende d 2 Apr i l . 1998As Telecom wish to publish their annual report and accounts for 1997-1998 atthe earliest opportunity the Minister for Public Enterprise has asked that this itembe cleared next Tuesday.
The group had a very good year with an increase in turnover of 11% whileoperating costs increase d by 5%. Before tax profit cam e to £22 3m . wh ich willyield a dividend of £46m. (to be split 80-20 between the State and KPN-Telia).Last year 's dividend was £12.6m .
Schem e of the Edu ca t ion a nd Tra in ing (Qu a l i fi ca t ions ) B i l l , 1998
^Education have forwarded (this afternoon) the draft Scheme of this Billfor consideration next Tuesday. They are anxious that drafting comm ence assoon as possible so as to have the proposed legislation implemented by the endof the year.
If Ministers want more time to consider this measure there does not appear to beany com pelling re ason as to why it shou ld be taken at this mee ting. I indicated toEducation that the reason advocated for urgency treatment was less thancompelling, especially when the Parliamentary Draftsman's Office
Ordnance Survey Off iceW e are expecting an aide memoire from Defence on the question of"dem ilitarising" the army staff attached to this office and g iving them civil servicestatus instead.
NON-AGENDA ITEMS
Spec ia l Government Mee t ing Schedu led fo r F r iday 12 June
The following items have already been identified forThe meeting:
1998 Current Expenditure and 1999-2001 No-Policy Change ExpenditureProjections
50m Swimming Pool Project
Garda Expenditure, 1998
Capital Investment Programme for Killybegs and Other Major FisheriesHarbours
G o v e r n m e n t P r o c e d u r e I n s t r u c t i o n sYou probably have not yet had an opportunity to read the draft sent to you earlierthis week - it can be circulated for the next appropriate meeting as soon as youhave the opportunity of clearing it.
The proposal is that the item could be left on the Agenda for a few weeks tofacilitate M inisters who may wish to offer p ersona l s ugg estions.
P r e s i d e n c y of L a w R e fo r m C o m m i s s i o nThe vaca ncy w ill arise on 30 June, 1998, wh en the current term of office expires.
]Pro toco l amendment the 1950 Consu la r Conven t ion Be tween I re land andthe USA: Sign atur e by I re land ( Item No. 4)ON MAIN AGENDAForeign Affairs have a lerted us that their Minister no w w ishes to clear this item atthis meeting. There is no reason to hold up the signature process .
Ope n ing o f Res iden t Dip lomat ic M iss ions in Mexico and Turkey, andConsulates General in Scot land an Wales ( I tem No. 13) ON MAIN AGENDA[
)SUPPLEMENTARY AGENDA
Indus t r i a l Dev e lopm ent Age ncy ( I re land): Repor t and Ac co un ts , 1997Another good year for the IDA, reporting 14,930 new jobs.Electronics/engineering acco unted for 57% . The agency is confident to keepgenerating strong net increases in this sector despite occasional losses to lowcost econom ies (such as Apple 's 500 jobs to Singapore a nnoun ced this week).
Com pet i t ion in Voice Te lep hon y and fo r the Pub l ic Te lecom mu nica t ion sNetwork : End o f I re lands de rog a t ionThe November, 1996, derogation from competition was valid until January, 2000.The Minister will now announce the end of the derogation with effect from 1December, 1998.
The Minister advises that Telecom is in a much stronger position financially andoperationally to meet the challenge of full compe tition. The chan ge will supportthe promotion of Ireland as an investment location.
Patents Act , 1992: Pro po sal to am endThe principal effect of this proposal is to re-instate (as p re-1992) thesuperintendence of the Minister over the Controller of the Patents Office.
It is proposed to enter the se provisions into the Copyright (A me ndm ent) Bill,1998, which has passed all stages in the Dail. While this may seem unduehaste, it wou ld better facilitate the relocation o fj h e office to Kilkenny in August ifthis matter had been fully determined.
SPECIAL MEETINGS - ITEMS APPROPRIATE FOR DISCUSSION
[
We understand you have in mind taking business in a different order to thatindicated on the Agenda circulated yesterday.
The Minister for Public Enterprise's a ide memoire on Capital InvestmentProgramme for CIE will be circulated for consideration in the same way asthe Swimming Pool and Fishery Harbours items. We have g iven F inance acopy of the CIE memo so that their Minister will be briefed on itsimplications.
AGENDA ITEMS1998 Cur ren t Ex pend i tu re : Measures to o ffse t emerg ing i s sues1999-2001 No-Pol icy Change Expendi tu re Pro jec t ionsFinance are seeking cuts of the order of at least £114m. against a background ofa possible total overrun of £227m. to £247m. in the current year.
They have also submitted an aide memoire entitled 1999-2001 No Policy Change- Expenditure Projections for the information of the Government, to be takenalongside the above . The M inister is currently eng age d in a round of bilateralson NPC projections and will be reporting to Government on the outcome of thatexercise which should be com pleted by tomorrow morning. As nearly always themost difficult area is Health and Children where no agreement has been reachedso far desp ite a lengthy bilateral.
]
Finance are suggesting that the main memoranda be taken first and that theGovernm ent then proceed to consider the Garda Expenditure, Swim ming Pool
Project together with a suggested Fisheries Development Package and the CIECapital Investm ent me mo . The position on these items, from a publicexpenditure perspective, is as follows:
Garda Expendi ture . 1998 ( I tem No. )
The Tour de France(which may now be in jeopardy because of the Garda Industrial Relationssituation) and the Tall Ships events are responsible for almost £6m. of the over-run envisaged.
]H a r b o u r s D e v e l o p m e n tThe prop osal is for an inve stmen t packag e of £22 m. for Kjjlybegs - to be financedby Structural Funds
However, the consultants report suggest a more modest expectation (par 115 ofthe Executive Summary annexed to the memo).
[
]CIE Capi ta l Inves tmen t P rogram meThe Government have already been briefed informally on the frailties of therailway network particularly in the west and northwest.
considered in the Estimates context.Again this topic might best be
Chie f W hip Mo ni to r : Ac t ion Prog ramm e fo r the Mi l l en n ium ( i t em No. 7 )
Stand ards in Pu bl ic Office Bi l l . 1998: General Sc hem eWe unders tand that the Minister for Finance has spoken to you today on thisitem.
The Bill wou ld establish a Standards in Public Office Co mm ission w hichsubsumes the Commissions established under Ethics Act, 1995 and ElectoralAct, 1997. The new Co mm ission would have an ongo ing role to investigateallegations, including matters beyond the remit of Ethics Act, 1995.
(
]There may be reluctance to recommend a scheme which would disbar anyonefrom seeking election or which could suspend/remove a member of either Housefor not having a tax cert. The historical culture has be en that - within the law -the electorate delivers its verdict on any candidate - prisoners, reb els, a gitators,black shee p, wha tever. Care would also be needed to avoid creating acircumstanc e which m ight give any cand idate an advan tage over another. (Anew entrant need not disclose financial circumstances in a campaign whilesomeone seeking re-election would have to produce a certificate).
The Co mm issioners are not a judicial authority. It is in the nature of Reven ue'soperations that their assessments could be excessive and might need time forinvestigation/neg otiation to determine a correct liability. This dilemm a is notsolved by provisional certs, i
Since the provision of the memo to you a further Option has been put forward.This would require all candidates to provide their certificate and statement withinsix mon ths of being elected (Option 3). This Option has much to com me nd it.
Mat te r s a r i s ing f rom Fr iday ' s Mee t ing
[
AGENDA ITEMS
Pres idency o f Law Reform Commiss ion ( I t em No. 1 )The vaca ncy w ill arise on 30 June, 1998, when the extend ed term of office of Mr.Justice Hederman expires.
Am bas sad or o f Por tuga l to I re land : Ap po in tm en t (I tem No. 2 )Garda S ioch ana : Ap po in tm en ts (I tem No. 3 )Perma nen t Defence Force : Ap po in tm en ts ( It em No. 4 )All of these are routine
UN ECE Conven t ion on Access to In format ion , Pub l ic Par t i c ipa t ion inDec i s ion-Making and Access to Jus t i ce in Envi ronmenta l Mat te r s :Signature Subject to Rat i f icat ion ( I tem No. 5)The provisions of this agreement go somewha t beyond the existing EUregulations, but not to the extent of any difficulty for Ireland. The deve lopm entsare consistent with the trend towards greater openness in administration.
UN ECE Pro toco l s to the 1979 Conven t ion on Long-Range TransboundaryAi r Po l lu t ion on Pers i s t en t Organ ic Po l lu tan t s and on Heavy Meta l s :Signature Subject to Rat i f icat ion ( I tem No. 6)Forbairt are satisfied that these Protocols (Heavy Metals and Persistent OrganicPollutants) do not give rise to any difficulties for Irish industry. Th e agreem entsare to be s igned in Aarhus 23-25/6/98. M H f l f l H H t t f l M N R M H H M B H ^
the Min i s te r i s p ropos ing to pub l i sh therec om me nd at io ns imm ed iate ly and to present the full Report to the Dai lCommittee on Tourism, Sport and Recreation as well as to the IASA.[
]
Vic t ims Co m mis s ion : Terms o f Refe rence ( I tem No. 8 )
^ M K The Terms of Reference now proposed were drafted followingconsultations with former Ta naiste John Wilson a nd with the Departments of theTaoiseach and Foreign Affairs.
Supreme Court Judgement re . Milk Quotas ( I tem No. 9)
The Exc hequer implications of the "development plan" farmers milk quotas casecould, on a worst case scenario, amount to £4 0m .
Gift to the Nation (i tem No. 10)_The gift is a substantial house,
Department of Finance now present the GovernmentwitFTa fait accompli, asking them to endorse the disposal arranged for Thursdayweek (25 June) '
European Union Jo in t Ac t ion on Cred i t Card Cr ime ( I t em No. 11)The Minister for Justice. Equality & Law Reform, is seeking Government approvalfor the adoption by Ireland, of a European Union Joint Action on credit cardcrime. This is a routine Justice & Home Affairs item. The Joint Action will allowfor the better exchange of information in respect of credit/payment card crimebetween Member States ' law enforcement agencies and between those agenciesand the payment/credit card industries.
CSF 1994-1999: Mid-Te rm Re view (I tem No. 12)The Minister for Finance is seeking Government approval for the reallocation toother projects of 161 mecu released from the LUAS an d the Blanchardstown bio-mass projects.
The main projects to benefit will be Dublin Suburban Rail, Main Line Rail, DublinTransp ort Initiative measures an d National Roads . Planning for the revised LightRail project is also to be provided for. In addition minor a mo unts a re to beallocated to Childcare infrastructure and the territorial pact projects. Theproposals seem sensible and can be supported.
In this context it should be noted that territorial e mp loym ent pacts fall under theaegis of the Departme nt of the Taoiseach . The Pa cts form part of a
European initiative to mobilise Social Partner support in tackling unemployment.They are referenced in the National Employment Action Plan and are also a
commitment under Partnership 2000. The Irish Pacts (Dublin,Dunda lk/Drogheda, Limerick and Westm eath) add a new dimens ion to the workof the existing Area P artnerships under the Local Developm ent OperationalProgramme.
The Pacts themselves are not new delivery agencies and any actions to be takenunder their Action Plans willbe implem ented by the various Pact Partners. Theyare focused specifically on enterprise and emp loyment de velopme nt and have astrong emph asis on engag ing with the private sector. The y also provide anopportunity to experiment with projects which integrate the local developmentand local government systems, in line with Government policy.
I l legal and Harmful Use of the Internet - F i r s t Repor t o f W ork in g Group(Item No. 13)The only unresolved issue arising is how to fund the proposed NationalComplaints Hotline for investigating illegal content on the Internetasrecommended in the first Report of the Interdepartmental Working Group on thistopic. The cost involved co uld be up to £15 0,000 per an num in the first full yearof the Hotline. Expenditure of the order of £60,000 would arise this year.
]
Dev elopm ent o f a Chi ldcare In f ras t ruc tu re : Co-o rd ina ted Na t iona lFramework ( I tem No. 14)
The report indicates that the Expert Group established under P2000 ismaking good progress and expects to produce a consen sus report. An economic
evaluation of the issues involved will be available before the end of June.
What is emerging is the need for a national framework specifying the appropriate
role of the different Dep artmen ts and Agen cies, who have necessa rily differentbut com pleme ntary respons ibilities in this area. An app roach not unlike thenational drugs strategy is envisag ed. It is also propose d to develop a co-ordinating role for Local Authorities in the development of facilities at local level.This will be pursued initially on a pilot basis.[
Valuation Bill , 1998 (Item No. 15)See separate note attached.
SUPPLEMENTARY AGENDA
Spec ia l Cr imina l Cour t
The replacement should be from the list ofCircuit Court Judges appended to the memo to preserve the balance with otherCourts.
Cont inu ing Par t i c ipa t ion in SFORThe M inister for Foreign Affairs is seeking Gov ernm ent appro val for thecontinuation of the Irish contingent in SFOR and for the proced ures necessary togive effect to this proposal including an exchange of letters with the SecretaryGeneral of NATO and the placing of a resolution before the Dail.
SFOR, the NATO led stabilisation force for Bosnia is to have its mandaterenewe d by the United Nations shortly. Ireland has 50 personne l in SFOR(mainly military police). Participation in the force wh ich also involves themaintenance of a liaison officer at NATO headquarters in Brussels was approved
by the Dail in April 1997 . Further D ail approva l will be required for the renew edmandate. The Force has been extremely successful
to-date and the Irish participation in it has also been success ful. Suppo rt for theMinister's proposals is strongly recommended.
I ll ega l Imm igran t s (Tra ff i ck ing and Emp loyme nt ) B i l lThe prop osals in the Bill are relatively straightforward and the pro pose d offencestarget traffickers and unscrupulous em ployers. There are difficulties how everarising from the foundations on which this legislation is to be b uilt, primarily with(a) the definition of "illegal entrants" (Head 2)(b) the creation of criminal sanctions based on Orders mad e under S.5 of the
Aliens Act, 1935 - the constitutionality of which has been called intoquestion, and
(c) the extra-territorial aspec ts of Head 3(2).
Defective legislation will only increase the problems in an area already fraughtwith difficulties.
S w i m m i n g P o o l P r o j e c t
we are advised that the Minister may bring forward an Aide MemoireIndicating that he is proposing to proceed with the tender procedure on the basisthat if add itional m oney is not forthcoming in the Es timates Cam paign he will findthe necessa ry funds from within his own Dep artmen tal resources.
The item, if submitted, would be for noting only.
NON-AGENDA ITEMS
Flood Tr ibuna lThe Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998, is now inplace.
_ > t h eMinister Tor'the Environme nt and Local Governm ent will subm it a me mo rand umto Government seeking approval for the terms of the motions to be put before theHouses of the Oireachtas.
NOTE FOR GOVERNM ENT MEETING TUESDAY 23RD JUN E, 1998
Taoiseach,
AGENDA ITEMS
Arramara Teoran ta : An nua l Repor t and Ac cou nts , 1997 ( It em No. 1)Another m odestly succe ssful year for the Company, 49% of which is ownedultimately by M onsan to, U .S.A. I note a report today of another attack on theirgenetically engineered vegetable experiments - this time in Wexford.
Co ntro l ler of Paten ts , De sign s and Trade Marks: An nu al Report . 1997 ( I temNo. 2)The restructuring of the Office w ith a view to decentralisation to Kilkenny startedin 1997 and the transfer is to be effected in August.
Em ploym ent Equa l i ty Ag en cy : An nua l Repor t and Ac cou nts . 1997 ( It emN o , 3 ]An unremarkable year!
Nat iona l Conce r t Hal l Co m pa ny R epo rt and Ac co un ts , 1997 ( I tem No. 4)The busiest year to date. 374 events were staged with attendan ce being 79% ofcapacity (up 3% on 1996). Almost 300,000 people attended concerts in 1997.
Nat iona l Bu i ld ing Ag en cy L td . : Ac co un ts and Repor t o f Di rec to r s ( I tem No.51The agency completed 278 houses for local authorities and had 458 underconstruction at the year's end.
Higher Edu ca t ion Autho r i ty : Ap poin tme nt (I tem No. 6 )Minister 's nomination awaited. (Current gender balance M63 %:F3 7% ).
UNECE Pro toco l to the 1979 Conven t ion on Long-Range Transboundary Ai rPo l lu t ion , on the Fur the r Reduc t ion o f Su lphur Emiss ions (known as the" S e c o n d S u l p h u r P r o t o c o l " o r " O s l o P r o t o c o l " ): P r o p o s e d R a m i f ic a t io n b yIreland (Item No. 7)The Minister does not need legislation nor Dail approval to ratify this Convention.
Es tab l i shme nt o f Dip lomat ic Re la t ions and Trans fe r o f Acc red i t a t ion ( It emNo. 8)The establishment of non-resident relations with Laos, Nepal and Mongolia doesnot carry any special implications. ^ ^ ^ H ^ M f l M B I I H P
I the add itional costs arising (£5 ,000 per country) can beabsorbed by Foreign Affairs.
The transfer of the accreditation for Indonesia from the Irish A mba ssado r(Australia) to the Ambassador (Malaysia) is a matter of practical convenience
Defence A m en dm en t Bi l l . 1998: Text ( I tem No. 9)The Bill has been drafted in accordance with the General Scheme cleared byGovernment on 3 February last. Under the Bill the existing three MilitaryBranches of the Department of Defence will be replaced by a single M ilitaryBranch to be known as Defence Forces Headquarters.
The Chief of Staff will be head of this Branch and will be supported by twoDeputy Chiefs of Staff - one dealing with support matters and the other dealingwith operational matters.[
]
Stand ards in Pub l ic Office Bi l l , 1998: Genera l Scheme (E th icsCommiss ion) ( I t em No. 10)The revised memo and general scheme largely follows closely the line of the textcirculated last week.
It proposes a Standards in Public Office Commission, the membership ofwhich is to be further considered. (It should be borne in mind that it was inprospe ct that this Co mm ission m ight also perform as the Con stituencyCommission. In such instance, there would be potential for politicalmembers to have a conflict of interest).
The tax clearance certificate position has been improved . The pro posalnow is that a cert would be presented not later than 6 months after theelection. This cert could be obtained up to 6 mon ths before or after theelection. Most impo rtantly, it should certify that m atters were in order atthe time o f issue, rather than the election date. Also, failure to produce acertificate would not be taken up by the Commission nor the Committeeon Memb ers' Interests if App eals Rulings/Court R eviews were a waited.
There is also to be careful consideration of creating offences for contraventionsof the Ethics Act, e.g. in relation to Ministerial gifts value d in exce ss of £500 (seepar. 6.7 of memo.).
Criminal offences sh ould relate to deliberate ac tions involving significant am ounts
in serious ma tters. It is inappropriate to have to make judg em ent calls with anundefined grey area between acceptable and criminal.
Valuat ion Bi l l , 1998 ( I tem No^11)See separate note attached.
Pres idency o f Law Reform Commiss ion ( I t em No. 12)The vacan cy will arise on 30 Jun e, 1998, when the exten ded term o f office of Mr.Justice Hederman expires.
SUPPLEMENTARY AGENDA
An Bord P leana la - A d d i t i o n a l B o a r d M e m b e r sEnvironment and Local Government have given us advance notice that theirMinister will be seeking approval on Tuesday to lay a motion before both Housesseeking approval for a draft Order to increase by three the number of ordinarymembers of this Board, under Section 3 of the Local Government (Planning andDevelopment) Act, 1983. as amended.
The three additional Board members will be appointed bythe Minister from a list of nomine es se lected by organisations prescribed in theLocal Government (Planning and Development) Regulations, 1994.
We expect to have the Environment and Local Government memorandum onMonday.
Framework fo r I re land ' s Po l i cy on Cryp tography and E lec t ron ic S igna tu resThe proposed statement of policy intent in this important area is been broughtforward so that it can be pub lished in association with the US/Irish Com mun iqueon Electronic C om me rce. The principles set out in the Statem ent are in line withemerging international conventions in this area, being developed primarily by theOEC D. The conten ts will require to be fleshed out in due course throu ghlegislation and regulatory practice. The relevant Departments have beenconsulted and are in agreement. The Statement is a useful indicator of ouremerging policy towards this important sector.
Jo in t US- I re land Communigue on E lec t ron ic CommerceThe Minister for Public Enterprise is seeking approval for the text of a statementto be issued on W edn esd ay o n behalf of the Irish and US Gove rnme nts. This willhappen during the visit of Ira Magaziner, President Clinton's Adviser on theInformation Society. The text represents a potentially important step in aligningthe legal, regulatory and commercial aspects of electronic commerce as betweenIreland and the US . W hile it is aspirational in tone (reflecting a greem ents alreadyreached between the US and the EU), its adoption will send a signal to US
Enterprises that Ireland is a reputable environment in which to locate electroniccomm erce - related businesses, given that our approach is in harmony with thatof the US Authorities.
The text has been discussed and cleared with the relevant Departments (You willbe meeting Mr. Magaziner on Wednesday morning before he addresses aSeminar organised by the Minister and the Information Society Commission).
Economic and Budge ta ry Pro jec t ions 1999-2006 and Budge t S t ra tegy, 1999Finance point out that the figures for social inclusion incorporated in the schedulewhich is attached to both the summ ary mem o and the main mem o cover m orethan Social We lfare pay men ts. The £125m . sugg ested for 1999 (full-yearequivalent being £250m.) is intended to provide for the social inclusion agenda ofother Departm ents ap art from Social, Com mun ity and Family Affairs.
The figure for the year 2000 (£375m.) incorporates the 1999 full-year package of£250m. together with a further £125m. package for that year making a total of£375 m. Likewise the figure sugg ested for 2001, while it seems large at £625m.,in reality is a roll-over of the 1999 a nd year 200Q pa cka ge s tog ether w ith a further£125m . tranche for the year 2001.
By contrast the personal tax package suggested at £250m. gross full-year cost isset out in the table at £25 0m . for each year (without any roll-over dim ension ). Itis standard Finance practice to express tax packages in full year terms.
Inves to r Co mp ens a t ion Bi l l, 1998 - Com mit tee S tage Am en dm en tsThis Bill must be enacted before the Recess in order to meet the deadline fortransposing the Investor Com pensation Directive - 26 September, 1998.
The Minister for Finance has given notice of a number of Committee Stageam end me nts (19 in all) wh ich he wishe s to have cleared at this meeting. Most ofthe am endm ents appear to be of a drafting n a t u r a J H H H H H M H H B f e
current Dail session.
NON-AGENDA ITEMS
G o v e r n m e n t P r o c e d u r e I n s t r u c t i o n sW e have a PQ on this - postpo ned since last wee k. If you co uld clear the draftmemo and revised Instructions, even provisionally, they could then be circulatedfor the next appropriate meeting on the understanding that the item will not betaken u ntil you are ready for it.
We would suggest that the item be left on the Agenda for a few weeks tofacilitate M inisters wh o may wish to offer personal sugg estions.
F l o o d Tr i b u n a lThe Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998, is now inplace.
Minister for the Environment a nd Local Government will subm it a me morandumto Government seeking approval for the terms of the motions to be put before theHouses of the O ireachtas.
I have briefed you separately on the accommodation issue which has arisen inthe case of this Tribunal. In sum ma ry OP W are urgently looking for new
This is being done in consultation with Judge Flood and is necessary to ensure
that the Chester Beatty Library (premises at Shrewsbury Road currently for sale)moves to the Castle as per the agreement with the EU which provided £3m.structural funds for the refurbishment of the Castle Clock Tower Building.
The difficulty has arisen bec ause of pressure from the EU auditors and thepossible danger of loosing the £3m. EU funding (as well as the fact that theTribunal will go on longer than was intended when it was established last year).
Permanen t Defence Force : Ap po in tm en ts ( It em No. 1)This is a routine item - all the app ointments are for m edical a nd d ental officers.
Arb i t ra t ion B oard and Gran t Ad jud ica to r : Re-a ppo in tm ent ( It em No. 2 )Although the panel does not have any formal business at the moment the civilservice staff panel requires that the arbitration machinery is always in place.There are no proposals now for the other schemes for Defence Forces, teachersand Gardai.
Depar tment o f Soc ia l , Co mm uni ty and Fami ly Affa ir s : Repo r t 1996 and1997 (Item No. 3)A well presented overview of £5bn. spending (1997), which deserves more publicattention than it will likely receive.
Social Welfare A pp ea ls Off ice: An nua l Report for 1997 (I tem No. 4)There were 14,004 appeals lodged in 1997, some 49% of which we re upheld.
VHI Board : Rep or t and Ac cou nts fo r yea r ended February, 1998 ( It em No.§1Another modest surplus is predicted for the current year but the Chairman'sReport notes that the accu stom ed "not-for-profit" operation of the comp any maynot suffice in the future. Significantly higher surpluses will be required tomaintain solvency ratios. Appro x. £60m . will be required over the next 3 to 4years to boost reserves to commercial solvency requirements.
VHI have made a comprehensive submission to the Minister dealing inter aliawith community rating, risk equalisation, tax relief, hospital charges and a HealthInsurance Authority. The Company also argues for greater autonomy andcommercial freedom.
There is still no permanent Chief Executive at VHI and this appointment will awaitthe Consultancy Report on pay in the Semi-State bodies.
In te rdepar tmen ta l Year 2000 Mo ni to r ing Co mm it tee : Sec ond Repor t ( It emNo- 6)The Monitoring Committee is concerned about the unsatisfactory position in themajority of Departments and Offices, despite exhortations to date, includingthose by Go vernm ent. This entire matter wa s the subject of discus sion at therecent Secretaries G eneral Conference in Carrickmacross. Secretaries Generalwere urged to take a "hands on" role in the area and the need for this was fullyaccepted.
One of the m ain difficulties relates to IT staff losses an d the D epartme nt ofFinance is to enter into formal discussions with civil service unions on options toaddress the problem . How ever, this could take time to implem ent.
The Monitoring Committee has made a number of important recommendations toencourage a more structured and accountable approach within Departments.
Additionally, there is conc ern Jthat the potential ex po su re to litigation has no^ bee naddressed adequately.
Rev iew of the Eff i c iency o f County Counc i l s ' Opera t ionsin the Non-Nat iona l Roa ds Area: Rep ort (I tem No. 7)This is the first time a study of this nature has been carried out. Consequently,there is no benchmark against which to rate councils' performance. While theconsultants found no great evidence of gross inefficiencies, there is room forimprovement through adoption of the recomm endations in this report .Implementation of the recommendations will, in due course, yield efficiencysavings for the councils and, ultimately, for the Exchequer.
The Minister for the Environment and Local Government is to report back to theGovernm ent within three months on progress in establishing a process forimplementation of the report.
Industr ia l Grant ( I tem No. 8)ndustr ia l Grant ( I tem No. 9)
Industr ia l Grant ( I tem No. 10)trial Grant (Item No. 11)
Please see the attaproposal.
ndustr ia l Grant ( i tem No. 12)Industr ia l Grant ( I tem No. 13)Industr ia l Grant ( I tem No. 14)
ndustr ia l Grant ( I tem No. 15)hed table which includes the salient features of each
Economic and Budge ta ry Pro jec t ions 1999-2006 and Budge t S t ra tegy 1999(Item No. 16)Finance point out that the figures for social inclusion incorporated in the schedulewhich is attached to both the summary mem o and the main me mo cover morethan Social W elfare paym ents. The £125m . sug ges ted for 1999 (full-yearequivalent being £250m.) is intended to provide for the social inclusion agenda ofother Departm ents a part from Social, Comm unity and Fam ily Affairs.
The figure for the year 2000 (£375m.) incorporates the 1999 full-year package of£250m. together with a further £125m. package for that year making a total of£37 5m. Likewise the figure sug gested for 2001, while it seem s large at £62 5m .,in reality is a roll-over of the 1999 and year 2000 packages together with a further£125m. tranche for the year 2001.
By contrast the personal tax package suggested at £250m. gross full-year cost isset out in the table at £250m. for each year (without any roll-over dimension). Itis standard Finance practice to express tax packages in full year terms.
By way of fu r the r ba ckg rou nd I am a t t ach ing a cop y o f a se t o f overhe ad
sl ides used by Mr. Michael Tut ty, Depar tment of Finance a t the Secretar iesGenera l
Conference l a s t wee k . The cur ren t expe nd i tu re s t ra tegy sho ws no room for
add i t iona l expend i tu re (wi th in the 4% l imi t ) nex t yea r.
I r ish Hos pi ta ls Tru st : Cu rren t Po si t ion ( i tem No. 17)T h e Minister for
Finance has review ed the position and conclude d that there shou ld be no furtheraction. His reasons are convinc ing, notwithstanding the emotive app eal of theformer staff.
Standards in Publ ic Off ice Bi l l , 1998: General Scheme (TehnicsCommiss ion ( I t em No. 18)The Aide Memoire draws together the various considerations arising fromongo ing conside ration of the matter. The pape r to be sent to the Joint SelectCommittee on Finance and the Public Service has been prepared and is with theMinister.
A mot ion to re fe r the mat te r to tha t Commit tee mus t be moved in advancein the Dai l and S ean ad i .e . before the Su mm er R eces s i f the ma t ter is to bewi th the Commit tee dur ing the Recess .
Valuation Bill , 1998 (Item No. 19)See separate note attached.
State Prop er ty B i l l . 1998: Am en dm en t (I tem No. 20)The Bill will allow for disp osa l of certain surplus properties at the National Stud.It also provides for removal of provisions in the National Stud Act 1945 which aremore restrictive than those in the State Property Act, 1954, relating to leasing.
Te leco mm un ica t io ns ( In f ras t ruc tu re ) B i l l: Genera l Sch em e ( It em No. 21)
The proposed legislation is to give effect (in enhanced form) to the EU Directiveson the imp leme ntation of full com petition in telecom mu nications marke ts. Itseeks to provide equal treatment for services providers, simplify access to landfor infrastructure dev elop me nt, encou rage share d facilities and avoid disruptionto the public. The p ropos ed treatm ent follows the pattern of established utilities.
Item No. 24 on this agenda, dealing with the Eircell request, points to the type ofdifficulties w hich m ay arise "dow n the road" but wh ich are not issues in thecontext of the wider legislation.
Digi ta l Broadcast ing ( I tem No. 22)Dermot McCarthy will be sending you a separate note on this.
W o r k i n g G r o u p P r o p o s a l s o n C o m m u n i t y Tr u s t : E n d o r s e m e n t ( It em N o .
2 3]There are ongoing discussions between Departments in relation to the proposalson foot of the W orking Group Report.
The membership of the proposed Steering Committee to direct the setting up of aCom mun ity Trust is not yet agreed . The reco mm enda tion had been for 3 official
There will likely be a separate advisory note for you on these issues before themeeting.
Use by Eircel l of Garda Radio Masts /Si tes ( I tem No. 24)The Minister is concerned about the growing public opposition to use of Gardamasts for mob ile telephone an tennae and, notwithstanding the 1997 a greement
which gave Esat Digifone access to those masts, proposes to refuse a requestfor similar access from Eircell. He is supported by the Garda Com mission er.
Go vern me nt Proce dure Ins t ru c t ions : Rev i sed Ed i t ion ( i tem No.It would be appropriate to allow Ministers time to consider the draft
251
Law Reform Com mis s io n : P res iden t ( i tem No. 26)
The vacancy will arise on 30 June, 1998, when the extended term of office of Mr.Justice He derm an exp ires. It is expe cted to procee d on this item in perhaps 2weeks.
S UPPLEMENTARY A G EN D ALive Regis terThe mo nthly Re port from the Minister for Social, Com mu nity and F amily Affairs isexpected.
T h i r d L e v e l I n s t i t u t i o n a t B l a n c h a r d s t o w nThe Minister for Ed ucation and S cience is to submit a mem orandum in'thisregard see king sanc tion for imm ediate action. He proposes the acquisition oftemporary accommodation as a headquarters, the commencement of full-t imetechnician'courses from September, 1999, and creating additional apprenticetraining p laces. He also propose s to use the £20 m. set aside in the Scientificand Techn ological Education (Investment) Fund for planning and building of thenew Institute.
Nat iona l Day o f Co mm em ora t ion - Roya l Hosp i ta l Ki lm ainh amThe Nat iona l Day o f Co mm em ora t ion ce re mo nies wi l l t ake p lace nex tSun day. Min is ters and other off ice ho lders are bein g invi ted to arr ive a t theMasters Quar ters a t 10.15 a.m.
Prior to the start of the ceremony members of Government will be escorted inprocession to their seats and the ceremony will commence at 11.00 a.m. It willlast approximately 30 minutes and will be followed by a Recep tion in the RoyalHospital.
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R e s i g n a t i o n o f C i v i l S e r v ic e C o m m i s s i o n e r
K The question of a replacement is in hands by the Department of
Finance. This is a Go vernm ent (as distinct from Ministerial) app ointme nt.
S U P P L E M E N TA RY N O T EGOVE RNME NT MEETING WEDNES DAY 1 JULY , 1998
Live Regis terThe report indicated the lowest Live Register figures since 1990. Seas onallyadjusted this is the 15th m onth in a row to show a decre ase.
3 rd Leve l Ins t i tu te , B lanchards townThe proposals to proceed now with the Institute overrides the decision of21/01/98 to await the Report of the de Buitleir Review Committee which has beenconsidering the issue of places in higher educ ation since January 199 7. ThatReport has been delayed but it is understood that the Committee will advocatecreation of anything from 10,000 to 70,000 new places.
]
Uni ted S ta tes : Co nsu la tes Genera lA copy of an aide memoire in this regard to be circulated at the meeting isattached.
Inner Bar (Item No. 1)There were 13 applicants for this call. The Attorney G eneral ha s asked that wehold over this item for another week.
Reserve Defence Force: Resignat ions (8) ( I tem No. 2)Permanen t Defence Force : Appoin tments (3 ) ( I t em No.3)Both are routine items.
Permanen t Defence Force : Appoin tment o f Chie f o f S ta ff ( I t em No.4)I presume the Minister's proposal has been cleared with you and the Tanaiste.
Econ omic an d Soc ia l Com mit tee (ESC) o f the Europea n Un ion : Nom ina t ionof I r ish Members ( I tem No. 5)The nom inations are proposed as received from the various sectors concern ed.Three wom en are nominated for Membership of the Com mittee. Wh ile thefarming pillar have not included a women on their list, their membership isoverwhelmingly male (90%).
Overall, the position of wo me n has bee n improved from 1 in 9 to 3 in 9.
Na t iona l Counc i l fo r Educa t iona l Awards : Appoin tment ( I t em No. 6 )Routine appointment of student representative.
CERT Limited: Annual Report and Accounts , 1997 ( I tem No. 7)A total of 11,042 people participated in CERT's long and short term courses.
The first student intake into a new BA degree programme in HospitalityEducation was enrolled in September.
Page 13 of the Report gives some information on CERT cross border activity.
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Legal Aid Board: Accounts for 1993-1996 (I tem No. 8)The delay in presen tation of these accou nts arose bec ause the C & AG hadexpressed dissatisfaction with the internal control exercised by the Legal AidBoard over the Le gal Aid Fu nd. The deficiencies identified have be en rectified.
Par 6 of the mem o sh ows the tremendo us growth in funding and staffing between1993 and 1996.
The Board hopes to expand the Scheme for the allocation of certain civil legal aidcases to private solicitors, introdu ced in 1993, but still only opera ting in Dublin.[
]Standards in Pub l ic Office Bi l l. 1998: Genera l Schem e (E th ics Co mm iss ion(Item No.9)[
After the Government have cleared the item (with or without amendments) theMinister for Finance intends to refer to it the Joint Committee on Finance and thePublic Service. It is important that the docum ent be received by the Chairman ofthat Committee before publication in the media in the normal way.
1998 Programme of S p e c i a l a n d C o m m e m o r a t i v e S t a m p s : A p p r o v a l o fD e s i g n s (Item No. 10 )These six designs complete the 1998 programme.
IFI /NET Finances and Net Repor t a n d A c c o u n t s 1995 - 1997 (Item No.11)The Government are asked to agree, in principle, that the State guaranteed NETdebt (£164m ) should be taken over by the Minister for Finance. The mod alitieshave yet to be decided (re-assign the debt or inject equity into NET) and theT£naiste will revert to Government in this regard in due course.
Minister of State Cullen will be available again on W edn esd ay. Can we arrangea time at which he might attend, bearing in mind that Donal de Buitleir is comingat 10.00 a.m ?
Use by Eircel l of Garda Radio Masts /Si tes ( I tem No.16)The Minister is concerned about the"growing public opposition to use of Gardamasts for mobile telephone antennae and, notwithstanding the 1997 agreement,which gave Esat Digifone access to those masts, proposes to refuse a requestfor similar access from Eircell. He is supported by the Garda Com missione r.[
Third Level Ins t i tu t ion a t Blanchardstown (I tem No. 17)You may wish to take th is i tem f i rs t af ter Mr. De Bui t le i r ' s presentat ion.
]The Minister for Education and Science proposes the acquisition of temporaryaccomm odation as a headquarters, the comme ncem ent of full-t ime techniciancourses from Sep temb er, 199 9, and creating add itional appren tice trainingplaces. He also proposes to use the £20m . set aside in the Scientific andTechnological Education (Investment) Fund for planning and building of the newInstitute.
]Law Reform Co mm iss io n ; P res iden t ( It em No.18)The vacancy exists since 30 June, 1998, when the extended term of office of Mr.Justice Hederman expired. It is expected to proceed on this item soon.
Digi ta l Broadcast ing ( I tem No. 19)Dermot McCarthy has sent you a separate note on this.
]Propose d Gran t ing o f Honora ry I r ish Ci t i zensh ipIt is necessary to formally record a decision in respect of Ms. Jean KennedySmith. An effective date of 1/9/8 is preferred.
[
]S u m m e r R e c e s s - M e e t i n g s o f G o v e r n m e n t
The last scheduled ordinary meeting will be on Monday 27 July,1998.
Inner Bar (Item No. 1 )Twelve applicants are recomm ended by the Attorney General to Governme nt foradm ission to the Inner Bar. Tw o other applications are deferred to be furtherconsidered at a later date.
Permanen t Defence Force ; Appoin tments ( I t em No. 2 )Revenue Sher i ff S l igo /Roscommon: Appoin tment ( I t em No. 3 )Routine items. The Sheriff appointment is being proposed o n the nomination ofthe AG and the Minister for Finance.
Dis t r ic t Court : New Posts (2) Appointments (2) ( I tem No. 4)This is a request to approve two add i t iona l pos t s . One is consequen t on thesecon dme nt of Jud ge Mary Fahy to Chair the Ado ption Board. The other isrequested to assist the Family Law and Custody Courts in Dublin. This will bringthe numb er of District Justices to the statutory limit of 50.
Proposals to fill these two posts (and two other vacancies arising in August) willbe the subject of another submission.
A further request is to app o in t a suc ces sor now to one vacancy arising fromthe promo tion of Judge J.P Clifford to the Circuit Court andto as s ig n a Ju dge tothe Dubl in Dis t r ic t . The appointee in this instance will come from the list ofcandidates recom mend ed by the Judicial Appointments Advisory Board.
Bord na Mona : An nua l Repor t and Acc ou nts fo r yea r ended M arch , 1998(Item No. 5)The financial health of the Company has been restored with the £51 m equityinjection in September, 1997.
The arrangements for the peat fired power station have progressed to planningapplication last May to Offaly Coun ty C ouncil.
75 th Repor t o f Revenue C om miss ioner s , 1997 ( It em No. 6 )Probably Revenue's best year so far. Net receipts at almost £14,000m wereclose to £2,000m higher than 1996.
See also note on filling of Revenue Commissioner vacancy under Non AgendaItems.
Mari t ime Boundar ies (County of Louth ) . Order. 1998 ( I tem No. 7)A routine item in respect of land reclaimed at Carlingford. The O rder will beavailable at the meeting for your signature.
Carr iage of Dang ero us G oo ds by Road Bi l l . 1998: Tex t ( Item No. 8)Approval of the text of a Bill is requested to allow access to the EuropeanAgreement concerning the International Carriage of Dangerous Goods by Roadand to adopt two Council Directives.
Video R eco rd ing S ta tem ent o f Al leged Vic t im s und er 14 years o f age :Es tab l i shment o f Commit tee ( I t em No. 9 )The Minister proposes to establish a Committee - to be chaired by a CircuitCourt Judge - to draw up, co-ordinate and monitor the practice for videorecording interviews with victims under 14 (or with mental handicap) incases ofsexual or violent offences.
The Criminal Evidence Act, 1992 allows victims under 17 or with mentalhand icap to give eviden ce in this manner. All case s using this system arecurrently heard in Dublin.
Mar ine Research , Technology Deve lopment and Innova t ion fo r I re land :Strategy (Item No. 10)The Minister presents a strategy prepared in close co-operation with the MarineInsti tute for Marine Research, Technology, Developm ent and Innovation. J ^ E( ^ ^ ^ • ^ • • • • H H P i H H i The
programme addresses several areas identified in the Good Friday Agreement aspotential areas for North/South co-operation and the Minister also intends topursue other ideas in this regard.
The Minister ad vocates a considerable expansion of expenditure on M arineResearch and D evelopm ent; a phased increase in annual investment over thecurrent base (£10.3m) to a mature value of £18.8m in 2003 provided from a
variety of sources including Structural Funds and the Excheguer.
Industr ia l Act ion a t Dubl in Airpor t : Report ( I tem No. 11]>we have yet
to rec eiv ec op les of the Aide Memoire. I understand that they have forwarded acopy of the Report to you and will also be sending you an advanced copy of theAide Memoire.
I believe that the Government are being asked to note the Report, to note thatthe Tanaiste intends publishing the Report and to endorse some follow up action.
Na t iona l Disab i l ity Autho r i ty /Disa b i l i ty S upp or t Se rv ice - Repor t o fEs tab l i shment Group and Nat iona l Disab i l i ty Author i ty Es tab l i shment Bi l l ,1998: General Scheme. ( I tem No. 12)We unders tand that Minister of State Mary Wallace wishes to be present a tGovernment for this item as on the last occasion when it was discussed. We
have suggested that she liaise with the Minister for Justice, Equality and LawReform in the first instance.. an d afterwards with you.
The Minister wishes to have a Bill drafted which will provide for the NationalDisability Authority (NDA) anda Disability Support Service (DSS). The proposalis in line with previous decisions on implementation of the Report of theCommission on the Status of People with Disabilities (published November 1996)The current proposals were prepared by an Establishment Group set up on footof a Government decision of November, 1997.
]It is noted that priority is requested for drafting this legislation, but the Bill is listedat No. 11 in the Department's own legislative programme.
Digi ta l Bro ad ca st ing ( Item No. 13 )Dermot McCarthy has sent you a separate note on this.[
]Law Reform Co m mis s ion : P res iden t ( It em No. 14 )
The vacancy exists since 30 June, 1998, when the extended term of office of Mr.Justice Hederman expired. The A.G. is now ready to take this item.
SUPPLEMENTARY AGENDA
Proposed Sa le o f Arm y Bar racksYou already have received a copy of the Minister for Defence's draftMemorandum, which he has also circulated in advance to the T£naiste and theMinister for Finance.
While the Defence intention was to keep the matter tight until Wednesday therehas been premature publicity on the topic over the weekend, and on RTE'sMorning Ireland on Mond ay. In an interview the Minister for D efence confirmedthat rationalisation and closures were in prospect. PD FO RR A's negative viewand likely resistance were also evident.
You will recall that the outgoing C hief of Staff criticised succe ssive Gov ernm entsat a recent lecture in TCD on their failure to take any decision on this issue.
The programme of disposal and sale as proposed - media comment on whichwas somewhat speculative and not quite accurate - is scheduled to take placeover the years 1998 - 2003 (and not the year 2000 as in the copy of the memowhich you have received).
E lec to ra l Areas Boundary Commit tees
Minister Dempsey will be bringing two Reports for circulation at the meeting:
Dublin Electoral Areas Boundary Committee
Electoral Areas Boundary Committee.An aide memoire has been circulated to all Ministers setting out the backgroundand informing Government of the Minister's intention to make the necessaryOrders in due course to implement the recommend ations of both C omm ittees.
The Minister is intending to publish the Reports tomorrow.
NON AGENDA ITEMS
R e v e n u e C o m m i s s i o n e r : N e w A p p o i n t m e n tThe TLAC recomm endations for the fil ing of the vacancy for RevenueCom missioner (following the appo intment of Mr. Dermot Q uigley as Chairman toreplace Cathal Mac Domhnaill who has retired) is now available.
By statute (adapted in 1922) Revenue Com missioners appointments (other thanChairman) are made by the Taoiseach, following consultation with the Ministerfor Finance. It is norm al practice to me ntion the propose d app ointme nt atGovernm ent. I have already briefed you and the Tanaiste on the outcome ofyesterday's interviews.
A g e n c y O r d e r sWe have reminded Finance , Jus t i ce and E n v i r o n m e n t that Agency Ordersmight be needed in respect of their M inisters.
Spec ia l Mee t ing on Monday 20 th Ju lyLunch arrangements have been made.
So far we have threei t e m ^ D i g i t a l B r o a d c a s t i n g , tfie G o v e r n m e n t L e g i s l a t i o n P r o g r a m m e for th e
next Parliamentary session and Consti tutional matters arising fromcommitments in Government 's Programme and recommendations of All-PartyCommittee. t ^ ^ ^ l ^ ^ H ^ ^ I ^ H I ^ ^ H I
You m ay also wish to consider wheth er lunch might be offered for the last norm almeeting - Monday 27th July, as it could be longer than us ual. If you agree, wewill make appropriate arrangements.
ALL-DAY GOVERNMENT MEETING, MONDA Y 20TH JULY, 1998
Taoiseach,
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AGENDA ITEMS
Progress on Government Leg i s la t ion Programme ( I t em No. 1 )The Government are being asked to note the progress made on the LegislationProgramme and the likely position for the remainder of 1998.
While the number of Bills beingprocessed has increased significantly theposition in not entirely satisfactory. Som e proposed Bills are being suggested fordrafting and enactment with very tight timescales which may not prove realistic.
The Government Legislation Committee recently conducted a series of meetingswith Secretaries General to identify Bills which Departments expect to publish
before the end of 1998. As can be noted from Appendices IV and V to the AideMem oire, 43 Bills are expe cted but 17 of these have yet to be submitted toGovernment by way of heads for drafting authority.
]The Economy (I tem No. 2)I understand from Secretary General Mullarkey that the Minister for Financeintends to deal with this item orally. He may have copies of ch arts/overhea dprojector slides for circulation for purpose of focusing discu ssion. Copies of theFinance charts etc have been promised to me in advance.
Mr. McCarthy is preparing a speaking note for you for this item.
R e c o n v e n e d I n t e r d e p a r t m e n t a l C o m m i t t e e o n I m m i g r a t i o n A s y l u m a n dRelated Issues: Inter im Report ( I tem No. 3)The Minister for Justice. Equ ality and Law Reform subm its a me mo with two keyelements.
(1) Note the Report of the reconvened committee including the review ofdirect welfare support for asylum seekers.
(2) taking accou nt of the increasing dem and , to decide in principle to allocateresources to achieve/maintain expeditious processing. (The Minister iscontent to proceed on the basis that the additional posts required (c.75)will be settled with the Minister for F inancein a defined period i.e. thediscussion is effectively about how they would be provided).
1998. The Minister advises that the case for the increase is conv incing and do esnot provide a basis on which he could reason ably o bject. It is in line with what hehad anticipated.
Hospi ta l Wai t ing Lis ts ( I tem No. 6)The level of seasonal bed closures, both in Dublin and throughout the country, isup by over 30 % as com pare d to recent years. This is a reflection of bud getarypressures, staff shortages, a nd increasing de ma nds by senior staff to take asignificant propo rtion o f their annu al leave during the sum me r mo nths.
However, the main determinant is the requirement in agencies to live within theirbudgets, made more difficult by a very significant increase in demand during thefirst half of the year. Th e M inister exp ects that this will be an issue fromSeptember onwards, a s some of the closures extend through that month.
Const i tu t ional Mat ters ( I tem No. 7)The Government are being asked to note the position in relation to constitutionalissues referred to in the Governme nt 's Programm e and the recom menda tions ofthe All-Party Committee on the Constitution.
You have publicly indicated, in relaunching the All-Party Committee and atQuestion Time in the Deiil, that you would have the recommendations of the All-Party Committee considered by Government.
The Com mittee are anxious to see some follow-up on their recomm endations
and they requested on 2 March, 1998 that, after consultation with the other Partyleaders, you might announ ce the formal undertaking of a programm e ofreferendum proposals for presentation to the people over a number of years ' .The only recommendation being followed-up at present is in relation torecognition of local government.
It is a matter for individual Departments to take on board the recommendationswhich are relevant to them . How ever, the responses of Departme nts to requestsfor observations on the Progress Reports of the All-Party Com mittee and to thedraft memorandum has been minimal.
It would appear that political direction is needed if the process of constitutionalchange is to be adv anc ed. ( A copy of a minute from Mr. Ryan dated 2 June isattached - it categorises the recomm enda tions an d refers to the relevantconsiderations to be borne in mind including the question of an appeal byRTE/the Attorney G eneral on the Coughlan case).
To:1. Secretary General to the Governm ent2. Taoiseach
From: Peter R yan
REVIEW OF THE CONSTITUTION
Mr O'Sullivan's note and draft memorandum underrefer. At issue is theapproach to be adopted in relation to furthering the recommendations of theAll-Party Committeefor constitutional amendment. Mr. O'Sullivan asks if the
Taoiseach wo uld wish to circulate the memorandumfor discussion at thespecial governm ent m eeting next week,
Climate for the conduct of ReferendaExperience in the recent referenda highligh ts thedifficulties now faced inrelation to referenda. Notwithstanding the commendableeffort of theReferendum Comm ission tofulfil its brief, there is considerable disquiet at theprominence given to "no" arguments w hich were without validity and, also, tothe equal weighting given to the "yes" and "no" cases despite theoverwhelming "yes" support among the political parties.
The Court decision on broadcasting arrangements was a further inhibitingfactor and we will have to await the outcome of the RTE appeal (to which theAttorney General is to be joined) to seeif any clarification on interpretationemerges w hich migh t ease matters.If not the possibilityof a constitutionalamendment may have to be considered.
For these reasons alone there would be a reluctance to embark on a series ofreferenda for constitutional reform until the various possibilities are playedout.
All-Party CommitteeThe reconstituted Comm ittee are anxiousfor their work to be acted upon andsuggestions which they have made to secure the necessary comm itment arereferred to in the draft memorandum (pars 6 and 7).
The Com mittee have advocated creationof a mechanism to facilitate astructured programm e of change. There is a certain appeal to this but it isdifficult to see how any progress could be made until the issues referred toabove have been resolved. Moreover, it isdifficult to conceive a m echanismoperating on a completely stand alone basis in that, ultimately, it is theresponsibility of the Governmen t to bring forward and prom ote specific
proposals for constitutional am endment and M inisters and their Departments
would have to be involved in that process.
Constitutional Amendments now awaiting actionThese are contained in the First Progress reportof the precursor All PartyCom mittee and seem capable, by and large,of being advanced in accordancewith existing practice i.e. by being taken on board in the respectiveDepartments. How ever, the workload consequencesfor individualDepartments can be significant e.g. D/Justice.
The various amendments can be categorised as follows:
Institutional!
Taoiseach to be granted dissolution of Pail after ioss of sapgo?8ontv if a aew Taoiseach flaa ao t been appointed within 10 davsPresident to have power to summon the Daii within 3 davs of adissolution request by a Taoiseach who has 8ost the 3upport of amajorityThis approach differs from hat of the Whitaker Group, who optedfor aconstructive vote of no confidence to avoid a riskof deadlock in thenomination of a Taoiseach and to avoid the President being drawn into
party politics in having to exercise a discretion.
The 10 day approach favoured by the All Party C omm ittee is notwithout difficulties either in that any prescribed timeframe imposes arigidity which may prove inadequate to unforeseen circumstances in
• . the future.
Personally, I would not see any m ajor obstacle to the Presidentcontinuing to exercise a discretionary role as already prescribed by theConstitution although, based on experience in recent years, someclarification of the scope of the existing powers would be useful. Thebenefit of the President continuing to exercise a role in this area is oneof greater flexibility.
These are issuesof fundamental importance which have major politicalimplications and cross party con sensus would be vital.
Courts and validityof Laws
Provide for no t less than 7 membersof the Supreme Court todecide on the validityof Sawa (Art 26 and Art 34)
Provide for 90 (instead af days for Supreme Comet decision or.an Art 26 referrai of a Bill by the PresidentDelete one judgement rule re referred BillsDelete immutability of Supreme Court judgement am referred Billsand provide for declarations of invalidity of lawsProvide for findings of constitutional inconsistency in the cast offore-1937 laws
These do not appear to be politically contentious but could be expectedto generate substantial debate. They could all probably be taken in asingle referendum (subject to AG 's advice) and would generally fallwithin the remit of the Department of Justice.
Local! Govenameat
Recognise and provide for loss! gffiflJfflffli sad for periodic jjc-sai;government ejectionsA p roposal on these lines from he M inister for Environment and LocalGovernm ent w as approved by the Government on 20 M ay, 1998, andthe M inister intends that a referendum on the subject should be held inconjun ction with the local elections in June, 1998.
Other substantive amendments
Provide for a new Public Ethics CommassioEThis links w ith D/Finance considerationof a Standards in PublicOffice Bill
Insert new Artide on OmbudgmagThis links w ith Department of Finance considerationof anOmbudsman (Amendment) Bill to widen the remitof theOmbudsman..
Delete references to "womeo am the heme'' k Art 41 and addreference to the contribution of persons caring for others withinthe homeThis wo uld be primarily for D/Justice, Equality and Law Reform.
17 Amendments of a mainly teehnicaB natureThese sho uld not be contentious but the processof amendment maycause problems in viewof the large num berof questions to be put.
A m b a s s a d o r o f R e p u b l i c o f K o re aA m b a s s a d o r o f F e d e r al R e p u b l ic o f G e r m a n yA m b a s s a d o r o f C a n a d a : A p p o i n t m e n tA m b a s s a d o r o f I n d ia : A p p o i n t m e n t( I t ems 1 -4)These items are routine
Bord na Gaei lqe: Report 1997. Accounts , 1996 ( I tem No. 5)A surplus of £76,918 is reported, compared to a surplus of £27,104 in 1995.
Nat iona l Treasury Management Agency : Repor t and Accounts fo r yea rended 31 December. 1997 (I tem No. 6)Net Present Value (NPV) savings vis-a-vis the benchmark in 1997 were £31 m.The corresponding figure for 1996 was £57m.
Aer Lingus Group Pic: Annual Report and Accounts . 1997 ( I tem No. 7)The net result is a loss of £46m (against a profit of £32m the previous year)although the operating profit is £46.1m.
The main reason for the loss is the provisional estimated losses of £88.3 m.which represents a £100m loss associated with TEA M, less profit from thedisposal of shareholding in Airmotive, and the sale of remaining interests inhotels.[
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I r ish Nat ional Stud Company Ltd: Report and Accounts 1997 (I tem No 8)The Company had a record year - a pre-tax profit of £657,571 (an increase ofover £150,000).
I r i sh Na t iona l Pe t ro leum Corpora t ion L td ( INPC) : Annua l Repor t andAccounts . 1997 ( I tem No. 9)The Minister for Public Enterprise will be reporting to Government in October onthe refinery's future. The INPC had a difficult year in 1997 - recording a loss of£3.4m.
D u b l i n D o c k l a n d s D e v e l o p m e n t A u t h o r i t y : A n n u a l R e p o r t a n d A c c o u n t s .1997 (Item No. 10)The Go vernmen t is asked to note the Annua l Report and Accoun ts of the DublinDocklands Deve lopment Authority (DDDA) for May to Decem ber 1997. The mostsignificant events during this period were (i) the adoption of an ambitious MasterPlan for the rejuvenation of the Dublin Docklands Area, including a strong socialdevelopment programme, and (ii) the start of development on the 12-acreextension to the original IFSC site (despite some remaining uncertainty about theagreement of the EU to proposed tax incentives). The successfulimplementation of the Master Plan will pose a major challenge for the DDDA andwill require co-operation from other public sector bodies.
Socia l Welfare Services: Sta t is t ical Informat ion. 1997 (I tem No. 11)This is the usual annua l item. A summ ary of the main develop me nts in 1997 iscontained in the Appendix to the memorandum.
Criminal Just ice Act , 1994: Orders ( I tem No. 12)The effect of these Orders is to designate three further countries (Georgia,Singapore and Vietnam) which became parties to the UN Convention AgainstIllicit Traffic in Narcotic Drugs an d Ps ychotropic Sub stance s, so that Ireland canextend to these new contracting parties the various types of criminal law co-operation required by the C onvention.
I will have the Orders at the meeting for your signature.
Industr ia l Relat ions Act , 1990 (Defini t ion of "Worker") Order, 1998 ( I tem No.13 1The drafting of this Order was approved by Governm ent on 3 June, 1998. Thechange will take effect on 1st August.
I will have the Order at the m eeting for your signature.
To uris t Traff ic Bi l l . 1998: Gene ral Schem e (I tem No. 15)The Minister for Tourism, Sport and Recreation is seeking the approval of theGov ernm ent to the drafting of this Bill. The Bill provides for an increase from £2 2
million to £50 million in the Statutory limit on the cumu lative G rant in Aid thatmay be paid to Bord Failte to support tourism capital dev elopm ent works. The£22 million limit willbe reached this year and the Minister had hoped to removethe limit altogether.
In the light of political res istance to the high level grant-in-aid prop osed as astatutory limit for Enterprise Ireland (£2 billion, reduced to £1.5 billion in the Dail)
^ • • ^ • i ^ M H B M M l M ^ e is now a newmillion limit.
Expenditure by Bord Failte will of course continue to be subject to the AnnualBudget and Estimates process.
Nat ional Sta t is t ics Board: Stra tegy for Sta t is t ics . 1998 - 2000 (I tem No. 16)The function of the National Statistics Board is. with the agreement of theTaoiseach, to guide the strategic direction of the CSO. This Mem orandumrequests the Government to endorse the priorities identified by the Board inits latest Strategic Plan, which covers the period 1998-2002, and to approveits publication.
Rat i f icat ion of Treaty of Amsterdam : ( I tem No. 17)
The Minister for Foreign Affairs, is seeking a uthorisation from the G overnm ent toarrange for the ratification on beh alf of Ireland, of the Trea ty
of Amsterdam and to authorise and advise the President to execute the
Instrument of Ratification.
In addition, the Minister wishes to address the question of a Declaration underArticle K7.3 of the Treaty of Amsterdam. Under the Terms of the Treaty ofAmsterdam, the Government may also opt at the time of signature of the Treaty,or subs eque ntly, to accept by mea ns of a Declaration an extens ion of thejurisdiction of the European Court of Justice.
Aside from the qu estion of whe ther or not to make the D eclaration, theGovernme nt can ch oose whe ther the jurisdiction of the Europe an Court ofJustice shou ld ap ply to all courts and tribunals, o r only to those courts against
who se decision there is no judicial remedy under national law. Th e Courtcurrently has jurisdiction in relation to specific areas granted by Governmentunder particular conventions.
a Declaration simultaneously with ratification, however, the Minister requests anearly Government Decision on the overall question of making a Declaration,subject to the approval of the Dail and Seanad Eireann.
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There a re no policy implications from this Dep artmen t's view point in relation tothe making of a Declaration. It is likely howe ver, that Ireland will com e u nderpressure, if not immediately, in the medium term to make such a Declaration.
Wo r k i n g G r o u p o n C o m p a n y L a w C o m p l i a n c e a n d E n f o r c e m e n t ;Establ ishment ( I tem No. 18)The Tanaiste is advising her colleagues of her intention to establish th e aboveGroup. Proposed Terms of Reference and composition are briefly outlined inparas 3 and 4 of the aide memoire.
Publ ic Pr ivate Par tnership ( I tem No. 19) - Check with Si leThis was to have been received yesterday. However, th e officials were not ableto clear it with th e Minister prior to the Government meeting. It willbe submittedas soon as it is cleared.
Th i rd Repor t o f SMI S tee r ing G roup , Depar tment o f Jus t i ce , Egu a l i ty and
Law Reform (Item No. 20)I
]Economic Review and Out look. 1998 (I tem No. 21)This is the normal annual i tem. The commentary in Part 1 is a useful overview ofthe situation w hich was covered at some length in the course of yesterday'sspecial Government meeting.
The conclusion of the comm entary (page 11) spells out the need for carefulmanagem ent of the econ omy over the next few years and highlights theimportance of support for the partnership process as well as the need forresponsible attitudes to wage and public service increases-
Candidature of I re land for UN Secur i ty Counci l ( I tem No. 22)You are aware of the background involved. The campaign will have som eimplications for the Estimates for 1999 and 2000.
Nat iona l Disab i l i ty Author i ty /D isab i l i ty Sup por t Se rv ice - Repor t o fEs tab l i sh ing Group and Nat iona l Disab i l i ty Author i ty Es tab l i shment Bi l l ,1998: General Scheme (I tem No. 23)[
Diqi ta l Broadcast ing ( I tem No. 24)^ B B U P H M H P H H I H B One official from each of the Departmentsmost concerned is to attend on Wednesday to make a presentation on the matter- to conclude no later than 10.30 a.m.
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SUPPLEMENTARY AGENDA
C i v i l S e r v i c e C o m m i s s i o n e r : A p p o i n t m e n tWe have been informed that the Minister for Finance will be bringing this item toGovernm ent on We dnesd ay. They will provide adv ance copies for you and theTSnaiste, but will not circulate it widely prior to the meeting.
C o m b a t P o v e r t y A g e n c yThis was received marginally late for the main agenda.
The Agency is required by Statute to submit to the Minister within 6 months of theend of its financial year, a report on its proce edings. Una udited a ccou nts arealso submitted, to be re-submitted when certified by the C & AG.
We s t e r n D e v e l o p m e n t C o m m i s s i o n Bill , 1998: Te x t (Item No. 17)This Bill will establish the Western Development Commission on a statutorybasis, enabling it to promote the economic and social development of the
Western region by collaborating with the existing agencies operating in the regionand by providing additional , complementary support in the form of loans andequity for deve loping comp anies through the operation of a We stern InvestmentFund. Arrangem ents for the establishment of the Fund were ag reed by theGovernment on 28 April last.
Under the Bill responsibility for the overall operation of the WDC and the Fundremains w ith the M inister for Agriculture a nd Fo od. In a letter to Minister of StateDavern on 20 July you indicated that this matter would be dealt with speedily bythe Governm ent. This is a politically sensitive item.
Cr imina l Jus t i ce (UN C o n v e n t i o n Agains t Tor tu re ) Bi l l : G e n e r a l S c h e m e(Item No. 18)
Review of the O ff e n c e s A g a i n s t the State Acts. 1939-1985 (Item No. 19)
Data Pro tec t ion (Amendment ) Bi l l : General Scheme (I tem No. 20)
Nat iona l Disab i l ity Autho r i ty /Disab i l i ty Sup por t Se rv ice - Repo r t o fEs tab l i sh ing Group and Nat iona l Disab i l i ty Author i ty Es tab l i shment Bi l l .1998: Gene ral Sche me (I tem No. 21)
cannot say at this point if this item will progress this week.
Motor Insurance Ad visor y Board : Re-es tab l i shmen t ( It em No. 22)
Year 2000: Th ird Rep ort of the Interde par tmen tal C om m it tee ( I tem No. 23)
Implementat ion of Par tnership 2000 (I tem No. 24)
Pove r ty Pro of ing P ol icy : Pro pos als ( Item No. 25)
Publ ic Pr ivate Par tnership ( I tem No. 26)This was to have bee n received yesterday . How ever, the officials w ere not ableto clear it with the Minister prior to the G overn me nt m eeting. It will be subm ittedas soon as it is cleared.
Dubl in 's Future Motorway Network ( I tem No. 27)
