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21 Briefing note for meeting of 20 May 1998 Part Article 28 of the Constitution

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22 Supplementary note for meeting of 20 May Part Article 28 of the Constitution
1998 Release Sections 19 & 46(1)(b)
23 Briefing note for meeting of 26 May 1998 Part Article 28 of the Constitution
Release Sections 19, 21, 23, 26, 27, 28, 31 &
46(1 )(b)
24 Supplementary note for meeting of 26 May Part Article 28 of the Constitution
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25 Briefing note for meeting of 3 June 1998 Part Article 28 of the Constitution
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26 Supplementary note for meeting of 3 June Part Article 28 of the Constitution
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27 Briefing note for meeting of 9 June 1998 Part Article 28 of the Constitution
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46(1)(b) & 46(1)(d)
28 Supplementary note for meeting of 9 June Part Article 28 of the Constitution
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29 Briefing note for meeting of 12 June 1998 Part Article 28 of the Constitution
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30 Briefing note for meeting of 16 June 1998 Part Article 28 of the Constitution
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31 Briefing note for meeting of 23 June 1998 Part Article 28 of the Constitution
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32 Briefing note for meeting of 1 July 1998 Part Article 28 of the Constitution
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33 Supplementary note for meeting of 1 July Part Article 28 of the Constitution
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35 Briefing note for meeting of 15 July 1998 Part Article 28 of the Constitution
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Release
GOVERNMENT MEETING ON WEDNESDAY 20TH MAY, 1998

Taoiseach.

AGENDA ITEMS

Item No. 1
Ambassador of Jamaica to Ireland: Appointment
This is the first appointment of an Ambassador of Jamaica to Ireland. He will be
resident in Brussels.

Item No. 2
Dublin Institute of Advanced Studies School of Celtic Studies:
Appointment of a Senior Professor
The Minister is recommending Fergus Kelly, Lit.D, as a Senior Professor to fill
the vacancy created by the retirement of Proinsias MacCana, in July, 1996.

Item No. 3
Central Bank: Report and Accounts, 1997

This is the normal annual item which is due for publication on 27 May, 1998.

£98.758m. accrued to the Exchequer as surplus income of the Bank.

Item No. 4
Aer Rianta Report and Accounts, 1997
There is an increase a 6.7% on net profits from the previous year. The cash
surrender to the Exchequer in 1997 was £14.9m. as against £12.9m. in 1996.
Under the provisions of the Air Navigation Bill currently at report stage in the Dail,
the 3 State airports (Dublin, Shannon and Cork) will be formally vested in the
company with effect from 1 January next.

Item No. 5
Coillte Teo: Annual Report and Accounts, 1997
There was an increase in profits of 4.8% over 1996.

The Chairman comments on the "unexpected and disappointing outcome" to


their efforts to acquire a majority shareholding in Balcas, which was prohibited by
the Tanaiste under the Mergers and Takeovers (Control) Acts, 1978-1996. You
will recall that this came before Government, on two occasions.
- 2 -

Item No. 6
IMMA: Annual Report and Accounts. 1996
The basic Government grant-in-aid increased by 4% to £1,390,000 in 1996. The
Museum's own generated income rose from £185,000 to £226,000 in 1996.

The Chairman is seeking statuto

Item No. 7
Office of the Attorney General: Annual Report 1996/7
This is the first Annual Report on the Office of the Attorney General and covers
the period

Appendix I to the memorandum sets out progress achieved in relation to


recommendations of the 1995 Review of the A G 's Office. The staffing of the
drafting side needs urgent attention and the A G 's Office are discussing this
aspect with the Department of Finance in the context of the recent Government
decision to establish a Statute Law Revision and Consolidation Unit.

The Attorney General is progressing the implementation of recent Government


decisions relating to the Reports of the Law Office Review Group and
Consultants on the Law Reform Commission.

Item No. 8
Convention on Jurisdiction and Recognition and Enforcement of
Judgements in Matrimonial Matters: Signature
It is intended that this EU Convention and Protocol be signed when they are
open for signature by Member States on 28/29 May, 1998.

Ireland will be making a declaration to the effect that our courts will be allowed to
refuse to recognise a divorce which had been obtained on the basis of a false
claim to habitual residence in another Member State.

Legislation will be required for the adoption of the Convention and Protocol.
Item No. 9
ILO: Conventions and Recommendations adopted at various sessions
The Tanaiste is seeking approval for the course of action she proposes taking in
respect of six Conventions and one Protocol, as outlined in the summary.

The intention is to ratify/adopt those for which legislation is already in place in


Ireland and defer those which are not relevant to Ireland or for which the
necessary 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 proposed
Government action in each case. This fulfils the obligation to bring to the
attention of the appropriate authorities the standards adopted at international
level and Governments intentions.

place with ICTU and IBEC. f / ^

Item No. 10
Economic and Social Committee (ESC) of the European Union: Nomination
of Irish members
The current term of membership expires on 20 September, 1998, and the
Council wish to decide on the new Committee in July.

I understand that Dermot McCarthy provided you with a separate note on the
item.
Item No. 11
Electoral (Amendment) (No. 2) Bill. 1998: Text
Authorisation to draft the Bill was given on 7 April, 1998.

The Bill implements the Commission's Report in fulM

Item No. 12
Investor Compensation Bill, 1998: Text
Authority to draft the Bill was given in December, 1997. The purpose of the Bill is
to ensure that EU Obligations arising from the EU directive are met by the
required date and other related matters.

The Bill includes all but three of the amendments to the Investment
Intermediaries Act put forward by the Dail Select Committee on Enterprise and
Economic Strategy. The rejected amendments and the reasons are set out in
paragraphs 16 and 17 of the memorandum.

Approval is sought for the publication of the text subject to drafting changes
outlined in paragraph 3.

A press release is appended to the memorandum.

Item No. 13

Item No. 14
Public Private Partnerships
Two points occur on examining the draft decision and the back-up papers.
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Firstly the target date of end-June. 1998, for a report from the interdepartmental
group may not be realistic given all the complexities involved (born out by the
experience in the U.K.).

Secondly having regard to all the legal aspects involved [par. (iv)(c) of the
decision sought] the A.G.'s Office might also be considered for nomination to the
interdepartmental group.

Item No. 15
Investment-Based Scheme of Naturalisation
The purpose of the memo is to seek Government approval for a further 20
naturalisation applications under the old scheme which, with some minor
variations/exceptions was put in suspension by the previous Government in
September. 1996.

Particulars of these additional cases are not supplied by way of schedule to the
memo or otherwise. Because a "very early Government decision is needed"
there have been no consultations with the Departments concerned. ^
( H H f l H i l ^ Copies of the memo have
beeh supplied to all concerned in advance.

Item No. 16
Official Secrets Act. 1963: Assignment for Responsibility of Revision
The Government approved the Report of the Interdepartmental Group on
Classified Official Information on Tuesday 28th Aprjj
Item No. 17
Programme for the Renewal of Local Government
Minister Dempsey | : is now in a
position to proceed?

It was agreed at the meeting of 5 May. 1998, that the Department of Marine and
Natural Resources would be included in the task force being established to draw
up a model for integration of local government and the local development
agencies - para 1 (6) of the memorandum.

Mr. Dermot McCarthy provided you with a separate note on this matter,

Item No. 18
1998 CURRENT EXPENDITURE: Measures to offset emerging increases

We have no further information as to when the Minister for Finance proposes to


take this item - now on the Agenda since early February.
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Supplementary Agenda

Animal Health Problems in Askeaton


We understand from Agriculture and Food that an aide memoire is being
prepared to inform Government that the EPA are about to announce their
decision on the IPC licence application by Aughinish Alumina, although the
animal health investigations have yet to be completed.

The Interdepartmental Committee of Secretaries General are to consider a draft


protocol prepared by the EPA, and the outcome of their consideration is to be
reflected in the aide memoire.

Non Agenda

Standards in Public Office Legislation (Finance)


I understand that Finance have completed their work at official level on the
general scheme of this proposed Bill and that the matter is now with the Minister
for "sign off' at political level before the draft proceeds further.

Special Government Meeting


This has now been arranged for Friday 12 June at 10.00 a.m.

19 May, 1998.
ROINN A N TAOISIGH
Uimhir.

TO : Taoiseach
/V-t >

FROM : Dermot McCarthy TJip——•

Memorandum for Government Re: Nomination of Irish


Members of the Economic and Social Committee nf the FT;

The Minister for Foreign Affairs is bringing the above memorandum to Government
next Tuesday. The position is that the term of office of the current ESC expires on
20th September, 1998. Member states have therefore been requested to submit
nominations by 18th May (or as soon as possible thereafter) to enable Council to
decide on the new Committee in July.

There are nine Irish members on the Committee, which is an advisory body to the
Council and the Commission on a range of economic and social issues. The
distribution of the Irish seats since the establishment of the Committee has been -
three employer representatives; three trade union representatives (including one from
Northern Ireland); two representatives of the farming sector and one representative
of the social sector. The method used in selecting Ireland's nominees in the past has
been to invite representative organisations from all of these sectors to suggest names
for consideration by the Government. However, in view of the changed national
partnership situation under Partnership 2000 (in particular the widening of the
process to include a Community and Voluntary Pillar), it is now more appropriate to
use the Partnership mechanismJInvite nominations from all four pillars under the
Agreement. Under such arrangement the nominations would be sought by this
Department.

There have been representations in the pastfrom other groups (ie ISME and the
Consumers Association of Ireland) seeking representation on the Committee^

lowever, I suggest that it is wise to stick with the four pillars of


social partnership in seeking nominations, especially given the limited number of
seats.

If the Government approves the nomination process recommended in the


memorandum, we will then seek nominations, including alternates, as a matter of
urgency.
A 1 A ,f
GOVERNMENT MEETING WEDNESDAY 20 MAY, 1998

SUPPLEMENTARY NOTE

Taoiseach,

The long awaited RTE Library Shot has now been arranged for tomorrow, as full
attendance is expected. Ministers have been informed.

Investor Compensation Bill, 1998: Text (Item No. 12 on the main Agenda)
I attach a note in this regard from Mr. Donagh Morgan which was received since
my note to you of yesterday's date.

SUPPLEMENTARY AGENDA

Disposal of Telecom Eireann's and R.T.E's Shareholding in Cablelink


Initial Public Offering (IPO) in Telecom Eireann
Both of these items are essentially progress reports for Government on
developments in the disposal of Telecom's shareholding in Cablelink and the
ESOP in Telecom since these matters were considered at Government on 7 April
and 31 March, 1998, respectively.

No Government action is called for in either case at this stage.

Animal Health Problems in Askeaton

This item is for noting only.

The Inter-Departmental Committee of Secretaries-General noted that the


investigations undertaken to date had not identified any pollutant which might be
responsible for animal health problems that had been encountered prior to 1995.

The EPA will shortly be making a decision on the IPC licence for Aughinish
Alumina, which is likely to be criticised by local interests. However, the making of
the decision is a legal necessity at this point.

The EPA intend issuing a detailed statement when they publish the draft protocol
for dealing with future animal health problems - attached to the Aide Memoire.
GOVERNMENT MEETING TUESDAY 26 MAY, 1998

Taoiseach,

Minister of State Cullen will be making a presentation on Freedom of


Information at 10.00 a.m., in the Council Chamber.

AGENDA ITEMS

Marine Institute; Annual Report and Accounts, 1996 (Item No. 1)


The Marine Institute was established in 1992 and has in that time accumulated a
surplus of £39,967. The Institute incurred a deficit of £10,256 during 1996, with
the transfer to the Institute of responsibilities for the Fisheries Research Centre
and research Vessel operations.

The Institute has made significant progress to date, with notable advances being
made in the promotion and co-ordination of marine R&D. It is anticipated that the
Institute will return a profit for future years on foot of ongoing developments in the
sector.

Director of Consumer Affairs: Annual Report, 1997 (Item No. 2)


The Director is highly critical of the failure to fill half of the additional posts
approved by Government.

This issue is addressed in the accompanying Press Release.

Bord Gais Eireann: Annual Report and Accounts, 1997 (Item No. 2)
Net profits were marginally less than in 1996 reflecting the cost of increasing
amounts of North Sea gas imports. £26m. was surrendered to the Exchequer in
1997.

A study into future needs, which is being undertaken jointly by DPE and BGE, is
expected to be completed by September, 1998. This will identify optional
infrastructural needs.

Pre-Accession Pact on Organised Crime with the Applicant countries of


Central and Eastern Europe and Cyprus (Item No. 4)
The authority of the Government is requested to arrange for the agreement at the
JHA Council of the 28 and 29 May, on behalf of Ireland, to a Pre-Accession Pact
on Organised Crime with the Applicant Countries of Central and Eastern Europe
and Cyprus and the laying by the Minister for Justice. Equality and Law Reform
of the Pact before Dail Eireann.

The Pact aims to enhance co-operation in the area of organised crime in


preparation for accession and takes the form of a common political declaration
(rather than a legally binding commitment) to promote law enforcement co-
operation. The Pact comprises fifteen principles in relation to co-operation in the
fight against organised crime and other forms of serious crime.

The Pact notes that the CCEEs and Cyprus have expressed their intention to
adopt and implement effectively the relevant international Conventions. It is
also noted that these countries intend to conclude formal agreements with
Europol, especially with regard to posting Liaison Officers in the Hague.

This is one of five items of a EU Justice and Home Affairs nature to appear
on the Government Agenda today. All of them seem to be of a routine
nature and the question arises whether there is a need for all of them to be
brought to Government. The practice in relation to EU directives and
measures in the Common Foreign and Security Policy area of European
Union business is to put only matters requiring attention at Government
level (due to their national implications at interdepartmental scope) on the
Government agenda.

EU Convention on Driving Disqualifications (Item No. 5)


The authority of the Government is sought to arrange, on behalf of Ireland, for
the signature, subject to adoption, of the European Union Convention on
Driving Disqualifications

The purpose of the proposed Convention is to provide a structure through which


a driving disqualification applied in a member State to a person who is a resident
of 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 may
have effect throughout the European Union.

This Convention will not be signed at the Justice and Home Affairs Council
scheduled for the 28 and 29 May 1998 but at a Council shortly thereafter.
European Agreement Relating to Persons Participating in Proceedings of
the European Court of Human Rights: Signature subject to ratification
(Item No. 6)

Sixth Protocol to the General Agreement on the Privileges and Immunities


of the Council of Europe (Item No. 7)
These are housekeeping items necessitated by the reforms of the European
Court of Human Rights (i.e. establishment of a new permanent Court which will
enter into force on 1 November. 1998)

Urban Renewal Bill. 1998: Text (Item No. 9)


Authority to draft the Bill was given last April. Differences between the general
scheme and text of the Bill are set out in paragraph 6 and include an amendment
to take account of the decision on the Bacon Report recommendations.

National Sports Anti-Drug Programme (Item No. 10)


In order to ratify the Council of Europe Anti-Doping Convention which we signed
in 1992. we must establish the requisite drugs testing, education and research
programmes. An advisory group was set up in June, 1997, and their
recommendations are set out in the memo.

The estimated cost of £365,000 p.a. will be met from existing allocations.

Committee have been working on this


for 12 months. No testing is expected to take place before 1999.
A Press Release is appended.

1998 Current Expenditure: Measures to offset emerging increases (Item


No. 11)
We have no further information as to when the Minister for Finance proposes to
take this item - now on the Agenda since early February.

SUPPLEMENTARY AGENDA

JHA Items
Foreign Affairs will be submitting items on behalf of the Minister for Justice,
Equality and Law Reform in relation to the Justice and Home Affairs Council on
28/29 May, (Items 4 and 5 on the main agenda also refer).

They provided the following briefing material for you at our request.

Joint Action to establish a mechanism for collective evaluation of the


enactment, application and effective implementation by candidate
countries for accession to the Union of the acquis of the Union in the field
of Justice and Home Affairs.
The Government are asked to approve the adoption of a Joint Action to establish
a mechanism for collective evaluation of the enactment, application and effective
implementation of the Justice and Home Affairs acquis by the
candidate countries for accession to the European Union.

The draft Joint Action (a legally binding instrument) provides for the
establishment of a mechanism for the collective evaluation by Member States of
the enactment, application and effective implementation of the Justice and Home
Affairs acquis by the candidate countries for accession to the European Union. It
involves the establishment of a group of experts from Member States and the
Commission, under the Committee of Permanent Representatives, with the task
of preparing and up-dating collective evaluations of the situation in the candidate
countries in relation to the JHA acquis.

The Joint Action will be agreed in principle by the Justice and Home Affairs
Council on the 28 and 29 May 1998 and subsequently will be formally adopted at
a General Affairs Council.
Joint Action on Good Practice in Mutual Legal Assistance in Criminal
Matters.
The Government is asked to approve the adoption by the Justice and Home
Affairs Council of the Joint Action on Good Practice in Mutual Legal Assistance in
Criminal Matters.

The Joint action sets out practical ways of improving mutual legal assistance
between the Member States of the European Union and further builds on the
co-operation already existing in dealing with requests for mutual assistance.

The extension of Europol's remit to include terrorism as provided for under


the Europol Convention, as from 1 January 1999.
The Government is asked to note the Council's intention to approve, in
principle, the extension of Europol's remit to include terrorism as provided for
under the Europol Convention, as from 1 January 1999.

Following some initial consideration by the Council of the study prepared by


the Europol Drugs Unit on the feasibility of this proposal the JHA Council on
28/29 May 1998 will be asked to agree on the following approach:

work in principle towards Europol taking up its terrorism remit from 1


January 1999;
launch a preparatory phase from 1 June 1998 (creation of a project
team of experts from volunteering Member States working at the
Europol Drugs Unit to produce a project plan);
implement the remit on a gradual basis, with an initial start in
early 1999 and progressive implementation from mid-1999 taking into
account priorities developed during the preparatory stage;
the Council to adopt a formal decision in the matter when the
Europol Convention has entered into force.

Solicitors (Amendment) Bill. 1998: Text

Authority to draft the Bill was given on 24 March, 1998. The purpose of the Bill is
to provide stricter controls on advertising by Solicitors, particularly in the area of
personal injury. It has been drafted in consultation with the Department of
Defence and the Law Society.

Differences between the general scheme and the text of the Bill, concerning
advertising by non-solicitors, misconduct, and injunctions, are set out in para 4 of
the memorandum.
A draft Press Release will accompany the memorandum.

VHI (Amendment) Bill: General Scheme


Health 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 making
available of health insurance to persons who will be resident outside the State for
temporary periods.

Famine Commemoration
The Whip may ask to have placed on the Supplementary Agenda an aide
memoire, for noting only, in relation to the above.

We will have further details on Monday.

NON-AGENDA ITEMS

May, 1998.
GOVERNMENT MEETING TUESDAY 26 MAY, 1998

SUPPLEMENTARY NOTE

Taoiseach,

Local Government Bill. 1998: Early Signature Motion


The Bill must be enacted by 2 June, 1998, if the elections are to be postponed
until 1999. Otherwise the 1994 Act binds the Minister to making an Order
specifying the date of the elections.

Solicitors (Amendment) Bill, 1998


I referred to this in my previous note.

The Legislation Committee are requesting that, if approval to publish is given, the
Bill go to the Seanad first.

Asylum Seekers: Update


The 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 competitions
is awaited to fill remaining posts.
- 2 -

Garda Expenditure
Justice, Equality and Law Reform informed us - at lunchtime today - that they
have commenced preparing an aide memoire on the above. No further details
were forthcoming at the time, but we have asked that advance copies be
provided as soon as possible.

Ambassadorial Transfers
Subject to further consultations with their Minister, Foreign Affairs expect to have
a memorandum later this evening (tonight) or first thing tomorrow a.m.
suggesting a number of changes.

The main difficulties about which I spoke to you have been resolved.

25 May, 1998.
GOVERNMENT MEETING WEDNESDAY 3 JUNE, 1998

Taoiseach,

MATTERS ARISING FROM LAST MEETING

]
AGENDA ITEMS

Competition Authority: Annual Report, 1997 (Item No. 1)


The 1991 Act requires the Minister (Tanaiste in this case) to lay this Report
before the Houses of the Oireachtas.

1997 was the first full year of operation of the 1996 Act, which gave the authority
enforcement powers and created the post of Director of Competition
Enforcement.

220 complaints were received in 1997, and in addition 52 were carried over from
1996. 156 cases have now been closed off leaving 116 cases open. The
- 2 -

complaints received relate mainly to price fixing and abuse of dominant position

Mergers and Takovers (Control) Acts, 1978 to 1996: Annual Report. 1997
(Item No. 2)
This is the usual annual item setting out the number and nature of investigations
carried out by the Authority, of proposed mergers or takeovers.

A total of 201 cases were notified, 136 of which were found not to fall within the
scope of the Act.

CIE: Annual Report and Accounts, 1997 (item No. 3)


1997 records an improvement in CIE's financial position - net "profit" has
improved from a loss of £1.2m. to a "profit" of £6.6m. in 1997. Debt has been
reduced by £5.4m. to £147.4m. Operating costs have also been reduced
notwithstanding rising wages and increased passenger carryings.

Most of the Exchequer subvention went to larnrod Eireann, as in previous years


(£92.4m. of the £104.9m. provided). The Annual Report draws attention to the
need for substantial investment in mainline and suburban railways in addition to
the current EU programme.

Live Register: Monthly Report (Item No. 4)


This has not yet been received - it is expected as usual, the day before the
meeting.

Industrial Relations Act. 1990: Order to amend definition of "worker" (Item


No. 5)
The Tanaiste is seeking approval to draft an Order (draft attached to memo) to
extend the scope of the Labour Relations Commission/Labour Court, to include
officers of local authorities and Health Boards.

Ratification on Amsterdam Treaty/European Communities (Amendment)


Bill. 1998: Text (Item No. 6)
The final version of the memorandum on the amendments to the European
Communities Act which will be necessary to reflect the changes in the Treaties
on part of the Amsterdam Treaty has not been received from the Minister of
Foreign Affairs at the time of writing.
this is likely to
be a relatively routine item.

Economic and Monetary Union Bill, 1998: Text (Item No. 7)


This Bill provides for the introduction of the Euro as the national currency and will
ensure 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 be
followed by an intensive publicity campaign by the Euro Changeover Board of
Ireland.

Consumer issues such as dual pricing which are the responsibility of the
Department of Enterprise, Trade and Employment are not covered in the Bill.

Industrial Development (Enterprise Ireland) Bill. 1998: Text (item No. 8)


The General Scheme of this Bill was cleared by Government on 5 May. It is
intended to have the new Agency operational in July.

The Bill would need to be cleared at this meeting.

Millennium Steering Group: Establishment (Item No. 9)


The Memorandum proposes the establishment of a Government Millennium
Steering Group, to be chaired by Minister of State, Seamus Brennan which will
examine and make recommendations on projects to mark the Millennium.
-4-

Extension of Pilot Programme for the Employment of People with


Disabilities (Item No. 10)
The proposal is to extend this pilot programme to the end of the current year,
pending the transfer of responsibility for employment matters for the disabled to
Enterprise, 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 PRSI
exemption. Again, this is reasonable in all the circumstances.

Implementation of the Personal Public Service Number, Under the 1998


Social Welfare Act (Item No. 11)
It would be desirable that the new PPSN should also facilitate electronic funds
transfer.

50m Swimming Pool Project: Clarification re. State funding (Item No. 12)
[

Garda Expenditure, 1998 (Item No. 13)


[
]
-5-

almost £6m. of the over-run envisaged.

As in the case of the previous item a decision in this instance will be dependent
on the outcome of discussion on the next item.

1998 Current Expenditure: Measures to offset Emerging Increases (Item


No. 14)

I understand the Minister for Finance will have a new memorandum for
Government (to replace the papers already circulated) for circulation on Tuesday
next. I am also told that on spending the figures are £50m. worse than when last
reported (the figure of £118m. excess is mentioned in the memorandum of 2
April).

Finance will be putting forward additional proposals for reductions in expenditure.

Unless appropriate expenditure control decisions are taken in


1998~the budgetary figures for 1999 will be seriously out of line.

You should be aware that a timetable problem is emerging in relation to the


Estimates process where there has been some slippage. The Minister has yet to
commence his bilaterals but in the meantime further major expenditure proposals
continue to arrive on his desk (from Health and Children in particular).

Finance are very conscious of our EMU requirements in particular the strictures
imposed by the Stability andJ3rowth Pact (notwithstanding the good Revenue
figures).
-6-

SUPPLEMENTARYA GEN DA

Capital Investment Programme for Killybegs and Other Major Fisheries


Harbours
The proposal is for an investment package of £22m. for Killybegs - to be financed
by Structural Funds,

Valuation Bill. 1998: General Scheme


See separate note attached from Mr. Dermot McCarthy.
*

Climate Change Policy


The Minister for the Environment and Local Government requests the
Government to note the negotiating stance he intends to adopt at the
Environment Council 16-17 June. This is set out in full in paragraph 16 of the
aide memoire.

Parental Leave Bill (note from Mr. Dermot McCarthy)


We are expecting a memorandum on this. The Bill implements a European
Directive and provides for leave for parents of children born within two years prior
to its passing and from now on, up to the age of five years. The prescribed date
for implementation was 3 June and this was a commitment in Partnership 2000.
The ICTU have protested at the delay. They have also protested, both to the
Minister and to Commissioner Flynn, that Ireland sought and received a
derogation of six months for implementation. This was done without consultation
with them and, they believe, without proper justification in terms of the Directive.

The derogation was sought in the light of the pressure of work in the Equality
division in the Department, to prevent exposure to claims for compensation in the
event of delayed implementation. In all of the circumstances, it is desirable that
the Bill be processed as speedily as possible.

A related issue is that of payment. The ICTU are arguing strongly that some
provision for payment through a social insurance benefit is essential if the
intentions of the Bill are to be met. They are signalling informally that one
-7-

month's benefit would be desirable. They have re-inforced this demand in the
light of the delay with this Bill. This is primarily a matter for consideration in the
context of the Estimate for Social, Community and Family Affairs, although it
would have cost implications for the public servants not covered by social
insurance. Discussions on this aspect are continuing in the context of P2000.

Childcare: Update (note from Mr. Dermot McCarthy)

The report indicates that the Expert Group established under P2000 is
making good progress and expects to produce a consensus 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 Departments and Agencies, who have necessarily different
but complementary responsibilities in this area. An approach not unlike the
national drugs strategy is envisaged. It is also proposed 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.

The report is for noting. It is helpful to have this update since it may prevent
contradictory initiatives being launched in other Departments, pending full
consideration of the matter at Government.

Special Trading House Licensing Scheme: Termination


The Tanaiste's Office have indicated that they will be submitting an item entitled
as above. They are awaiting observations from relevant Departments.
-8-

]
Intervention in European Court of Justice - Case on Patents
This Minister for Foreign Affairs on behalf of the Minister for Enterprise, Trade
and Employment is bringing forward a memorandum seeking permission for
Ireland to make a written intervention in a European Court of Justice case on
Patents.

The case is being brought against a German regulation that any European
Patent must be lodged in German with the German Patent authorities within
three months of lodgement with the European Patents office.

Ireland supports the German position in that failure to oblige lodging of the
documents in the language of the national authority would make for a lack of
transparency in the Patent system.

NON-AGENDA

Government Procedure Instructions (new edition)

As well as updating the


Instructions, guidance has been included to":over such issues as ethics, freedom
of information, etc.

]
1798 Commemoration
I understand there have been suggestions that the Dail should mark, in an
appropriate way, the 200th Anniversary of 1798. This might take the form of
statements to be made on a date to be agreed before the summer recess.
Special Government Meeting Scheduled for Friday 12 June

/e are not clear as to what precise agenda is


intended for that meeting. If any special documentation is required it would be as
well to identify this now.

29 May, 1998.
SUPPLEMENTARY NOTE FOR GOVERNMENT MEETING
WEDNESDAY 3 JUNE, 1998

Taoiseach,

MAIN AGENDA

1998 Current Expenditure (Item No. 14)


Finance, as expected, have submitted an updated version of this memorandum,
which has been on the Agenda 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 taken
alongside the above.

SUPPLEMENTARY AGENDA

Climate Change Policy


This was submitted on Friday for the Supplementary Agenda.
[

]
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 Minister
for the Environment and Local Government intends bringing a draft National
Greenhouse Gas Abatement Strategy to Government for approval in due course.
- 2 -

]
Proposals involving a change in settled policy should be dealt with through the
memorandum procedure which involves prior consultations with colleagues who
have functional interests in what is now being suggested.

NON-AGENDA

2 June, 1998.
©

GOVERNMENT MEETING TUESDAY 9 JUNE, 1998

Taoiseach,
[

]
AGENDA ITEMS

Ambassador of Brazil to Ireland: Appointment (Item No. 2)


Ambassador of Ukraine to Ireland: Appointment (Item No. 3)
These are routine items.

Protocol amendment the 1950 Consular Convention Between Ireland and


the USA: Signature by Ireland (Item No. 4)

This proposes new reciprocal arrangements for tax exemptions. There are no
objections.

Foir Teoranta (Dissolution) Act, 1990: Report and Accounts of the assets
and liabilities to ICC Bank, for the year ended 31 October, 1997 (Item No. 5)
A written off debt of £4.6m. with Semperit was repaid when that Company
ceased operations.

An Bord Bia: Annual Report. 1997 (Item No. 6)


A successful year for the food sector with strong growth in most sectors. An 18%
decline in sheepmeat supplies, reduced exports (mainly to France) by 51,000
tonnes. Beef continues to suffer a BSE legacy in European markets, although
total exports still grew by 6% on 1996. Home market retail sales for beef were up
7%.

Overall exports grew by 3% (earnings of £4.9 bn.)


ECJ Case re. German Patent Office (Item No. )
The Minister for Foreign Affairs on behalf of the Minister for Enterprise. Trade
and Employment seeks permission for Ireland to make a written intervention in a
European Court of Justice case on Patents.

The case is being brought against a German regulation that any European
Patent must be lodged in German with the German Patent authorities within
three months of lodgement with the European Patents Office.

Ireland supports the German position in that failure to oblige lodging of the
documents in the language of the national authority would make for a lack of
transparency in the Patent system.

Bovine Diseases (Levies) Act. 1979: Reduction of rates of levies (Item 10)
It is proposed to reduce the Bovine Diseases Levies paid by farmers by 20%.
They contributed £10.64m. of the £38.80m. cost in 1997. Since 1996, farmers
pay private veterinary practitioners for the first test on their herds each year
(other than in defined circumstances).

[
]
-3-

11 legal and Harmful Use of the Internet: First Report of Working Group
(Item No. 11)
The memo is yet to arrive*

Agricultural Prices and Related Measures: EU Commission Proposals


(Item No. 12)
The Minister sets out the strategy to be pursued at the Council meeting of 22/23
June, 1998. The approach is recommending for current negotiations and as a
marker for the future, especially Agenda 2000 discussions. The proposed
extension of the male beef premium ceiling is of some economic and political
significance and this will be the principal concern.

Opening of Resident Diplomatic Missions in Mexico and Turkey, and


Consulates General in Scotland and Wales (Item No. 13)
[
]
The Minister proposes new Embassies in Mexico and Turkey on the basis of
their regional economic and political importance and growing relationship with the
EU. 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 Wales
Their set up and running costs would be £0.18m. and £0.26m.

Associated with the devolved Governments in Scotland and Wales, contributing


to the British Irish Council process envisaged under the Good Friday Agreement
and undertaking part of the consular role in Britain, the case for the Consulates is
very strong and the cost is low.

/
-4-

With regard to the Embassies, it is not easy to apply the NPC framework to
foreign representation. It is simplistic to suggest an established relationship
should be diminished to allow scope to develop elsewhere. The case for new
missions goes beyond the trading possibilities reviewed by the FEC.

The costs are not huge and could also be considered as relief/support to the
mission in Washington and with the consular work already arising from Turkey.

Development of a Childcare Infrastructure: Co-ordinated National


Framework (Item No. 14) (note from Mr. Dermot McCarthy)

s report indicates that the Expert Group established under P2000 is


making good progress and expects to produce a consensus 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 Departments and Agencies, who have necessarily different
but complementary responsibilities in this area. An approach not unlike the
national drugs strategy is envisaged. It is also proposed 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.

The report is for noting only and could be cleared at this meetingJ/^KF
HHBVMflWHmHMNRHMWM ^ fo have
update since it may prevent contradictory initiatives being launched in other
Departments, pending full consideration of the matter at Government.

Climate Change Policy (Item No. 15)


[
-5-

Valuation Bill, 1998 (Item No. 16)


See separate note attached from Mr. Dermot McCarthy.

SUPPLEMENTARY A GENDA

Telecom Accounts for Year Ended 2 April. 1998


As Telecom wish to publish their annual report and accounts for 1997-1998 at
the earliest opportunity the Minister for Public Enterprise has asked that this item
be cleared next Tuesday.

The group had a very good year with an increase in turnover of 11% while
operating costs increased by 5%. Before tax profit came to £223m. which will
yield a dividend of £46m. (to be split 80-20 between the State and KPN-Telia).
Last year's dividend was £12.6m.

Scheme of the Education and Training (Qualifications) Bill, 1998

^Education have forwarded (this afternoon) the draft Scheme of this Bill
for consideration next Tuesday. They are anxious that drafting commence as
soon as possible so as to have the proposed legislation implemented by the end
of the year.

If Ministers want more time to consider this measure there does not appear to be
any compelling reason as to why it should be taken at this meeting. I indicated to
Education that the reason advocated for urgency treatment was less than
compelling, especially when the Parliamentary Draftsman's Office
-6-

is not short of work at present.

Ordnance Survey Office


We are expecting an aide memoire from Defence on the question of
"demilitarising" the army staff attached to this office and giving them civil service
status instead.

NON-AGENDA ITEMS

Special Government Meeting Scheduled for Friday 12 June

The following items have already been identified for


The meeting:

1998 Current Expenditure and 1999-2001 No-Policy Change Expenditure


Projections

50m Swimming Pool Project

Garda Expenditure, 1998

Capital Investment Programme for Killybegs and Other Major Fisheries


Harbours

Government Procedure Instructions


You probably have not yet had an opportunity to read the draft sent to you earlier
this week - it can be circulated for the next appropriate meeting as soon as you
have the opportunity of clearing it.

The proposal is that the item could be left on the Agenda for a few weeks to
facilitate Ministers who may wish to offer personal suggestions.

Presidency of Law Reform Commission


The vacancy will arise on 30 June, 1998, when the current term of office expires.
-7-

5 June, 1998
GOVERNMENT MEETING TUESDAY 9 JUNE, 1998

SUPPLEMENTARY NOTE

Taoiseach.

Follow-up to the Good Friday Agreement


[

]
Protocol amendment the 1950 Consular Convention Between Ireland and
the USA: Signature by Ireland (Item No. 4) ON MAIN AGENDA
Foreign Affairs have alerted us that their Minister now wishes to clear this item at
this meeting. There is no reason to hold up the signature process.

Opening of Resident Diplomatic Missions in Mexico and Turkey, and


Consulates General in Scotland an Wales (Item No. 13) ON MAIN AGENDA
[

)
SUPPLEMENTARY AGENDA

Industrial Development Agency (Ireland): Report and Accounts, 1997


Another good year for the IDA, reporting 14,930 new jobs.
Electronics/engineering accounted for 57%. The agency is confident to keep
generating strong net increases in this sector despite occasional losses to low
cost economies (such as Apple's 500 jobs to Singapore announced this week).
- 2 -

Competition in Voice Telephony and for the Public Telecommunications


Network: End of Irelands derogation
The November, 1996, derogation from competition was valid until January, 2000.
The Minister will now announce the end of the derogation with effect from 1
December, 1998.

The Minister advises that Telecom is in a much stronger position financially and
operationally to meet the challenge of full competition. The change will support
the promotion of Ireland as an investment location.

Patents Act, 1992: Proposal to amend


The principal effect of this proposal is to re-instate (as pre-1992) the
superintendence of the Minister over the Controller of the Patents Office.

It is proposed to enter these provisions into the Copyright (Amendment) Bill,


1998, which has passed all stages in the Dail. While this may seem undue
haste, it would better facilitate the relocation ofjhe office to Kilkenny in August if
this matter had been fully determined.

8 June, 1998.
ALL-DAY MEETING FRIDAY 12 JUNE, 1998

Taoiseach,

SPECIAL MEETINGS - ITEMS APPROPRIATE FOR DISCUSSION

We understand you have in mind taking business in a different order to that


indicated on the Agenda circulated yesterday.

The Minister for Public Enterprise's aide memoire on Capital Investment


Programme for CIE will be circulated for consideration in the same way as
the Swimming Pool and Fishery Harbours items. We have given Finance a
copy of the CIE memo so that their Minister will be briefed on its
implications.
- 2 -

AGENDA ITEMS

1998 Current Expenditure: Measures to offset emerging issues


1999-2001 No-Policy Change Expenditure Projections
Finance are seeking cuts of the order of at least £114m. against a background of
a 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 taken
alongside the above. The Minister is currently engaged in a round of bilaterals
on NPC projections and will be reporting to Government on the outcome of that
exercise which should be completed by tomorrow morning. As nearly always the
most difficult area is Health and Children where no agreement has been reached
so far despite a lengthy bilateral.

]
Finance are suggesting that the main memoranda be taken first and that the
Government then proceed to consider the Garda Expenditure, Swimming Pool
Project together with a suggested Fisheries Development Package and the CIE
Capital Investment memo. The position on these items, from a public
expenditure perspective, is as follows:

Garda Expenditure. 1998 (Item No. )

The Tour de France


(which may now be in jeopardy because of the Garda Industrial Relations
situation) and the Tall Ships events are responsible for almost £6m. of the over-
run envisaged.

Swimming Pool Project: State funding


[

]
-3-

]
Harbours Development
The proposal is for an investment package of £22m. for Kjjlybegs - to be financed
by Structural Funds

However, the consultants report suggest a more modest expectation (par 115 of
the Executive Summary annexed to the memo).

]
CIE Capital Investment Programme
The Government have already been briefed informally on the frailties of the
railway network particularly in the west and northwest.

Again this topic might best be


considered in the Estimates context.

Chief Whip Monitor: Action Programme for the Millennium (item No. 7)
This is for noting only on the usual basis
-4-

Standards in Public Office Bill. 1998: General Scheme


We understand that the Minister for Finance has spoken to you today on this
item.

The Bill would establish a Standards in Public Office Commission which


subsumes the Commissions established under Ethics Act, 1995 and Electoral
Act, 1997. The new Commission would have an ongoing role to investigate
allegations, including matters beyond the remit of Ethics Act, 1995.

(
]
There may be reluctance to recommend a scheme which would disbar anyone
from seeking election or which could suspend/remove a member of either House
for not having a tax cert. The historical culture has been that - within the law -
the electorate delivers its verdict on any candidate - prisoners, rebels, agitators,
black sheep, whatever. Care would also be needed to avoid creating a
circumstance which might give any candidate an advantage over another. (A
new entrant need not disclose financial circumstances in a campaign while
someone seeking re-election would have to produce a certificate).

The Commissioners are not a judicial authority. It is in the nature of Revenue's


operations that their assessments could be excessive and might need time for
investigation/negotiation to determine a correct liability. This dilemma is not
solved 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 within
six months of being elected (Option 3). This Option has much to commend it.

]
-5

NON-AGENDA ITEMS

11 June, 1998.
GOVERNMENT MEETING TUESDAY 16 JUNE, 1998

Tanaiste,

Matters arising from Friday's Meeting

AGENDA ITEMS

Presidency of Law Reform Commission (Item No. 1)


The vacancy will arise on 30 June, 1998, when the extended term of office of Mr.
Justice Hederman expires.

Ambassador of Portugal to Ireland: Appointment (Item No. 2)


Garda Siochana: Appointments (Item No. 3)
Permanent Defence Force: Appointments (Item No. 4)
All of these are routine

UN ECE Convention on Access to Information, Public Participation in


Decision-Making and Access to Justice in Environmental Matters:
Signature Subject to Ratification (Item No. 5)
The provisions of this agreement go somewhat beyond the existing EU
regulations, but not to the extent of any difficulty for Ireland. The developments
are consistent with the trend towards greater openness in administration.

UN ECE Protocols to the 1979 Convention on Long-Range Transboundary


Air Pollution on Persistent Organic Pollutants and on Heavy Metals:
Signature Subject to Ratification (Item No. 6)
Forbairt are satisfied that these Protocols (Heavy Metals and Persistent Organic
Pollutants) do not give rise to any difficulties for Irish industry. The agreements
are to be signed 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 Minister is proposing to publish the
recommendations immediately and to present the full Report to the Dail
Committee on Tourism, Sport and Recreation as well as to the IASA.
[

]
Victims Commission: Terms of Reference (Item No. 8)

^ M K The Terms of Reference now proposed were drafted following


consultations with former Tanaiste John Wilson and with the Departments of the
Taoiseach and Foreign Affairs.
-3-

Supreme Court Judgement re. Milk Quotas (Item No. 9)

The Exchequer implications of the "development plan" farmers milk quotas case
could, on a worst case scenario, amount to £40m.

Gift to the Nation (item No. 10)_


The gift is a substantial house,

Department of Finance now present the Government


witFTa fait accompli, asking them to endorse the disposal arranged for Thursday
week (25 June)'

European Union Joint Action on Credit Card Crime (Item No. 11)
The Minister for Justice. Equality & Law Reform, is seeking Government approval
for the adoption by Ireland, of a European Union Joint Action on credit card
crime. This is a routine Justice & Home Affairs item. The Joint Action will allow
for the better exchange of information in respect of credit/payment card crime
between Member States' law enforcement agencies and between those agencies
and the payment/credit card industries.

CSF 1994-1999: Mid-Term Review (Item No. 12)


The Minister for Finance is seeking Government approval for the reallocation to
other projects of 161 mecu released from the LUAS and the Blanchardstown bio-
mass projects.

The main projects to benefit will be Dublin Suburban Rail, Main Line Rail, Dublin
Transport Initiative measures and National Roads. Planning for the revised Light
Rail project is also to be provided for. In addition minor amounts are to be
allocated to Childcare infrastructure and the territorial pact projects. The
proposals seem sensible and can be supported.

In this context it should be noted that territorial employment pacts fall under the
aegis of the Department of the Taoiseach. The Pacts form part of a
-4-

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,
Dundalk/Drogheda, Limerick and Westmeath) add a new dimension to the work
of the existing Area Partnerships under the Local Development Operational
Programme.

The Pacts themselves are not new delivery agencies and any actions to be taken
under their Action Plans will be implemented by the various Pact Partners. They
are focused specifically on enterprise and employment development and have a
strong emphasis on engaging with the private sector. They also provide an
opportunity to experiment with projects which integrate the local development
and local government systems, in line with Government policy.

Illegal and Harmful Use of the Internet - First Report of Working Group
(Item No. 13)
The only unresolved issue arising is how to fund the proposed National
Complaints Hotline for investigating illegal content on the Internet as
recommended in the first Report of the Interdepartmental Working Group on this
topic. The cost involved could be up to £150,000 per annum in the first full year
of the Hotline. Expenditure of the order of £60,000 would arise this year.

]
Development of a Childcare Infrastructure : Co-ordinated National
Framework (Item No. 14)

The report indicates that the Expert Group established under P2000 is
making good progress and expects to produce a consensus report. An economic
evaluation of the issues involved will be available before the end of June.
-5-

What is emerging is the need for a national framework specifying the appropriate
role of the different Departments and Agencies, who have necessarily different
but complementary responsibilities in this area. An approach not unlike the
national drugs strategy is envisaged. It is also proposed 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

Special Criminal Court

The replacement should be from the list of


Circuit Court Judges appended to the memo to preserve the balance with other
Courts.

Continuing Participation in SFOR


The Minister for Foreign Affairs is seeking Government approval for the
continuation of the Irish contingent in SFOR and for the procedures necessary to
give effect to this proposal including an exchange of letters with the Secretary
General of NATO and the placing of a resolution before the Dail.

SFOR, the NATO led stabilisation force for Bosnia is to have its mandate
renewed by the United Nations shortly. Ireland has 50 personnel in SFOR
(mainly military police). Participation in the force which also involves the
maintenance of a liaison officer at NATO headquarters in Brussels was approved
by the Dail in April 1997. Further Dail approval will be required for the renewed
mandate. The Force has been extremely successful
-6-

to-date and the Irish participation in it has also been successful. Support for the
Minister's proposals is strongly recommended.

Illegal Immigrants (Trafficking and Employment) Bill


The proposals in the Bill are relatively straightforward and the proposed offences
target traffickers and unscrupulous employers. There are difficulties however
arising from the foundations on which this legislation is to be built, primarily with
(a) the definition of "illegal entrants" (Head 2)
(b) the creation of criminal sanctions based on Orders made under S.5 of the
Aliens Act, 1935 - the constitutionality of which has been called into
question, and
(c) the extra-territorial aspects of Head 3(2).

Defective legislation will only increase the problems in an area already fraught
with difficulties.

Swimming Pool Project

we are advised that the Minister may bring forward an Aide Memoire
Indicating that he is proposing to proceed with the tender procedure on the basis
that if additional money is not forthcoming in the Estimates Campaign he will find
the necessary funds from within his own Departmental resources.

The item, if submitted, would be for noting only.

NON-AGENDA ITEMS

Flood Tribunal
The Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998, is now in
place.
-7-

_>the
Minister Tor'the Environment and Local Government will submit a memorandum
to Government seeking approval for the terms of the motions to be put before the
Houses of the Oireachtas.

June, 1998.
NOTE FOR GOVERNMENT MEETING TUESDAY 23RD JUNE, 1998

Taoiseach,

AGENDA ITEMS

Arramara Teoranta: Annual Report and Accounts, 1997 (Item No. 1)


Another modestly successful year for the Company, 49% of which is owned
ultimately by Monsanto, U.S.A. I note a report today of another attack on their
genetically engineered vegetable experiments - this time in Wexford.

Controller of Patents, Designs and Trade Marks: Annual Report. 1997 (Item
No. 2)
The restructuring of the Office with a view to decentralisation to Kilkenny started
in 1997 and the transfer is to be effected in August.

Employment Equality Agency: Annual Report and Accounts. 1997 (Item


No,3]
An unremarkable year!

National Concert Hall Company Report and Accounts, 1997 (Item No. 4)
The busiest year to date. 374 events were staged with attendance being 79% of
capacity (up 3% on 1996). Almost 300,000 people attended concerts in 1997.

National Building Agency Ltd.: Accounts and Report of Directors (Item No.
51
The agency completed 278 houses for local authorities and had 458 under
construction at the year's end.

Higher Education Authority: Appointment (Item No. 6)


Minister's nomination awaited. (Current gender balance M63%:F37%).

UNECE Protocol to the 1979 Convention on Long-Range Transboundary Air


Pollution, on the Further Reduction of Sulphur Emissions (known as the
"Second Sulphur Protocol" or "Oslo Protocol"): Proposed Ramification by
Ireland (Item No. 7)
The Minister does not need legislation nor Dail approval to ratify this Convention.

Establishment of Diplomatic Relations and Transfer of Accreditation (Item


No. 8)
The establishment of non-resident relations with Laos, Nepal and Mongolia does
not carry any special implications. ^ ^ ^ H ^ M f l M B I I H P
-2 -

I the additional costs arising (£5,000 per country) can be


absorbed by Foreign Affairs.

The transfer of the accreditation for Indonesia from the Irish Ambassador
(Australia) to the Ambassador (Malaysia) is a matter of practical convenience

Defence Amendment Bill. 1998: Text (Item No. 9)


The Bill has been drafted in accordance with the General Scheme cleared by
Government on 3 February last. Under the Bill the existing three Military
Branches of the Department of Defence will be replaced by a single Military
Branch to be known as Defence Forces Headquarters.

The Chief of Staff will be head of this Branch and will be supported by two
Deputy Chiefs of Staff - one dealing with support matters and the other dealing
with operational matters.
[

Standards in Public Office Bill, 1998: General Scheme (Ethics


Commission) (Item No. 10)
The revised memo and general scheme largely follows closely the line of the text
circulated last week.

It proposes a Standards in Public Office Commission, the membership of


which is to be further considered. (It should be borne in mind that it was in
prospect that this Commission might also perform as the Constituency
Commission. In such instance, there would be potential for political
members to have a conflict of interest).
-3-

The tax clearance certificate position has been improved. The proposal
now is that a cert would be presented not later than 6 months after the
election. This cert could be obtained up to 6 months before or after the
election. Most importantly, it should certify that matters were in order at
the time of issue, rather than the election date. Also, failure to produce a
certificate would not be taken up by the Commission nor the Committee
on Members' Interests if Appeals Rulings/Court Reviews were awaited.

There is also to be careful consideration of creating offences for contraventions


of the Ethics Act, e.g. in relation to Ministerial gifts valued in excess of £500 (see
par. 6.7 of memo.).

Criminal offences should relate to deliberate actions involving significant amounts


in serious matters. It is inappropriate to have to make judgement calls with an
undefined grey area between acceptable and criminal.

Valuation Bill, 1998 (Item No^11)


See separate note attached.

Presidency of Law Reform Commission (Item No. 12)


The vacancy will arise on 30 June, 1998, when the extended term of office of Mr.
Justice Hederman expires.

SUPPLEMENTARY AGENDA

An Bord Pleanala - Additional Board Members


Environment and Local Government have given us advance notice that their
Minister will be seeking approval on Tuesday to lay a motion before both Houses
seeking approval for a draft Order to increase by three the number of ordinary
members of this Board, under Section 3 of the Local Government (Planning and
Development) Act, 1983. as amended.

The three additional Board members will be appointed by


the Minister from a list of nominees selected by organisations prescribed in the
Local Government (Planning and Development) Regulations, 1994.
-4-

We expect to have the Environment and Local Government memorandum on


Monday.

Framework for Ireland's Policy on Cryptography and Electronic Signatures


The proposed statement of policy intent in this important area is been brought
forward so that it can be published in association with the US/Irish Communique
on Electronic Commerce. The principles set out in the Statement are in line with
emerging international conventions in this area, being developed primarily by the
OECD. The contents will require to be fleshed out in due course through
legislation and regulatory practice. The relevant Departments have been
consulted and are in agreement. The Statement is a useful indicator of our
emerging policy towards this important sector.

Joint US-Ireland Communigue on Electronic Commerce


The Minister for Public Enterprise is seeking approval for the text of a statement
to be issued on Wednesday on behalf of the Irish and US Governments. This will
happen during the visit of Ira Magaziner, President Clinton's Adviser on the
Information Society. The text represents a potentially important step in aligning
the legal, regulatory and commercial aspects of electronic commerce as between
Ireland and the US. While it is aspirational in tone (reflecting agreements already
reached 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 electronic
commerce - related businesses, given that our approach is in harmony with that
of the US Authorities.

The text has been discussed and cleared with the relevant Departments (You will
be meeting Mr. Magaziner on Wednesday morning before he addresses a
Seminar organised by the Minister and the Information Society Commission).

Economic and Budgetary Projections 1999-2006 and Budget Strategy, 1999


Finance point out that the figures for social inclusion incorporated in the schedule
which is attached to both the summary memo and the main memo cover more
than Social Welfare payments. The £125m. suggested for 1999 (full-year
equivalent being £250m.) is intended to provide for the social inclusion agenda of
other Departments apart from Social, Community and Family Affairs.
-5-

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
£375m. Likewise the figure suggested for 2001, while it seems large at £625m.,
in reality is a roll-over of the 1999 and year 200Q packages together with a further
£125m. tranche for the year 2001.

By contrast the personal tax package suggested at £250m. gross full-year cost is
set out in the table at £250m. for each year (without any roll-over dimension). It
is standard Finance practice to express tax packages in full year terms.

1999-2001 (NPC) No Policy Change Projections


[

Industrial Grant
I

]
-6-

Investor Compensation Bill, 1998 - Committee Stage Amendments


This Bill must be enacted before the Recess in order to meet the deadline for
transposing the Investor Compensation Directive - 26 September, 1998.

The Minister for Finance has given notice of a number of Committee Stage
amendments (19 in all) which he wishes to have cleared at this meeting. Most of
the amendments 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

Government Procedure Instructions


We have a PQ on this - postponed since last week. If you could clear the draft
memo and revised Instructions, even provisionally, they could then be circulated
for the next appropriate meeting on the understanding that the item will not be
taken until you are ready for it.

We would suggest that the item be left on the Agenda for a few weeks to
facilitate Ministers who may wish to offer personal suggestions.

Flood Tribunal
The Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998, is now in
place.

Minister for the Environment and Local Government will submit a memorandum
to Government seeking approval for the terms of the motions to be put before the
Houses of the Oireachtas.

I have briefed you separately on the accommodation issue which has arisen in
the case of this Tribunal. In summary OPW are urgently looking for new
premises for the Tribunal.
-7-

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 because of pressure from the EU auditors and the
possible danger of loosing the £3m. EU funding (as well as the fact that the
Tribunal will go on longer than was intended when it was established last year).

June, 1998.
GOVERNMENT MEETING WEDNESDAY 1 JULY, 1998

Taoiseach,

AGENDA ITEMS

Permanent Defence Force: Appointments (Item No. 1)


This is a routine item - all the appointments are for medical and dental officers.

Arbitration Board and Grant Adjudicator: Re-appointment (Item No. 2)


Although the panel does not have any formal business at the moment the civil
service staff panel requires that the arbitration machinery is always in place.
There are no proposals now for the other schemes for Defence Forces, teachers
and Gardai.

Department of Social, Community and Family Affairs: Report 1996 and


1997 (Item No. 3)
A well presented overview of £5bn. spending (1997), which deserves more public
attention than it will likely receive.

Social Welfare Appeals Office: Annual Report for 1997 (Item No. 4)
There were 14,004 appeals lodged in 1997, some 49% of which were upheld.

VHI Board: Report and Accounts for year ended February, 1998 (Item No.
§1
Another modest surplus is predicted for the current year but the Chairman's
Report notes that the accustomed "not-for-profit" operation of the company may
not suffice in the future. Significantly higher surpluses will be required to
maintain solvency ratios. Approx. £60m. will be required over the next 3 to 4
years to boost reserves to commercial solvency requirements.

VHI have made a comprehensive submission to the Minister dealing inter alia
with community rating, risk equalisation, tax relief, hospital charges and a Health
Insurance Authority. The Company also argues for greater autonomy and
commercial freedom.

There is still no permanent Chief Executive at VHI and this appointment will await
the Consultancy Report on pay in the Semi-State bodies.
-2-

Interdepartmental Year 2000 Monitoring Committee: Second Report (Item


No- 6)
The Monitoring Committee is concerned about the unsatisfactory position in the
majority of Departments and Offices, despite exhortations to date, including
those by Government. This entire matter was the subject of discussion at the
recent Secretaries General Conference in Carrickmacross. Secretaries General
were urged to take a "hands on" role in the area and the need for this was fully
accepted.

One of the main difficulties relates to IT staff losses and the Department of
Finance is to enter into formal discussions with civil service unions on options to
address the problem. However, this could take time to implement.

The Monitoring Committee has made a number of important recommendations to


encourage a more structured and accountable approach within Departments.

Additionally, there is concern Jthat the potential exposureto litigation has no^been
addressed adequately.

Review of the Efficiency of County Councils' Operations in the Non-


National Roads Area: Report (Item 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 the
consultants found no great evidence of gross inefficiencies, there is room for
improvement through adoption of the recommendations in this report.
Implementation of the recommendations will, in due course, yield efficiency
savings for the councils and, ultimately, for the Exchequer.

The Minister for the Environment and Local Government is to report back to the
Government within three months on progress in establishing a process for
implementation of the report.
3-

Industrial Grant (Item No. 8)


ndustrial Grant (Item No. 9)
Industrial Grant (Item No. 10)
trial Grant (Item No. 11)
ndustrial Grant (item No. 12)
Industrial Grant (Item No. 13)
Industrial Grant (Item No. 14)
ndustrial Grant (Item No. 15)
Please see the atta hed table which includes the salient features of each
proposal.

Economic and Budgetary Projections 1999-2006 and Budget Strategy 1999


(Item No. 16)
Finance point out that the figures for social inclusion incorporated in the schedule
which is attached to both the summary memo and the main memo cover more
than Social Welfare payments. The £125m. suggested for 1999 (full-year
equivalent being £250m.) is intended to provide for the social inclusion agenda of
other Departments apart from Social, Community 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
£375m. Likewise the figure suggested for 2001, while it seems large at £625m.,
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 is
set out in the table at £250m. for each year (without any roll-over dimension). It
is standard Finance practice to express tax packages in full year terms.

By way of further background I am attaching a copy of a set of overhead


slides used by Mr. Michael Tutty, Department of Finance at the Secretaries
General
Conference last week. The current expenditure strategy shows no room for
additional expenditure (within the 4% limit) next year.

Irish Hospitals Trust: Current Position (item No. 17)


T h e
Minister for
Finance has reviewed the position and concluded that there should be no further
action. His reasons are convincing, notwithstanding the emotive appeal of the
former staff.

Standards in Public Office Bill, 1998: General Scheme (Tehnics


Commission (Item No. 18)
The Aide Memoire draws together the various considerations arising from
ongoing consideration of the matter. The paper to be sent to the Joint Select
Committee on Finance and the Public Service has been prepared and is with the
Minister.

A motion to refer the matter to that Committee must be moved in advance


in the Dail and Seanad i.e. before the Summer Recess if the matter is to be
with the Committee during the Recess.

Valuation Bill, 1998 (Item No. 19)


See separate note attached.

State Property Bill. 1998: Amendment (Item No. 20)


The Bill will allow for disposal of certain surplus properties at the National Stud.
It also provides for removal of provisions in the National Stud Act 1945 which are
more restrictive than those in the State Property Act, 1954, relating to leasing.

Telecommunications (Infrastructure) Bill: General Scheme (Item No. 21)


The proposed legislation is to give effect (in enhanced form) to the EU Directives
on the implementation of full competition in telecommunications markets. It
seeks to provide equal treatment for services providers, simplify access to land
for infrastructure development, encourage shared facilities and avoid disruption
to the public. The proposed treatment follows the pattern of established utilities.
-5-

Item No. 24 on this agenda, dealing with the Eircell request, points to the type of
difficulties which may arise "down the road" but which are not issues in the
context of the wider legislation.

Digital Broadcasting (Item No. 22)


Dermot McCarthy will be sending you a separate note on this.

Working Group Proposals on Community Trust: Endorsement (Item No.


23]
There are ongoing discussions between Departments in relation to the proposals
on foot of the Working Group Report.

The membership of the proposed Steering Committee to direct the setting up of a


Community Trust is not yet agreed. The recommendation had been for 3 official

There will likely be a separate advisory note for you on these issues before the
meeting.

Use by Eircell of Garda Radio Masts/Sites (Item No. 24)


The Minister is concerned about the growing public opposition to use of Garda
masts for mobile telephone antennae and, notwithstanding the 1997 agreement
which gave Esat Digifone access to those masts, proposes to refuse a request
for similar access from Eircell. He is supported by the Garda Commissioner.
-6-

Government Procedure Instructions: Revised Edition (item No. 251


It would be appropriate to allow Ministers time to consider the draft

Law Reform Commission: President (item No. 26)


The vacancy will arise on 30 June, 1998, when the extended term of office of Mr.
Justice Hederman expires. It is expected to proceed on this item in perhaps 2
weeks.

S UPPLEMENTARY A GEN DA
Live Register
The monthly Report from the Minister for Social, Community and Family Affairs is
expected.

Third Level Institution at Blanchardstown


The Minister for Education and Science is to submit a memorandum in'this
regard seeking sanction for immediate action. He proposes the acquisition of
temporary accommodation as a headquarters, the commencement of full-time
technician'courses from September, 1999, and creating additional apprentice
training places. He also proposes to use the £20m. set aside in the Scientific
and Technological Education (Investment) Fund for planning and building of the
new Institute.
-7-

NON-AGENDA ITEMS

National Day of Commemoration - Royal Hospital Kilmainham


The National Day of Commemoration ceremonies will take place next
Sunday. Ministers and other office holders are being invited to arrive at the
Masters Quarters at 10.15 a.m.

Prior to the start of the ceremony members of Government will be escorted in


procession to their seats and the ceremony will commence at 11.00 a.m. It will
last approximately 30 minutes and will be followed by a Reception in the Royal
Hospital.

Resignation of Civil Service Commissioner

K The question of a replacement is in hands by the Department of


Finance. This is a Government (as distinct from Ministerial) appointment.
-8-

Next Meeting
Presumably now that the Dail is about to go into recess, meetings will be held on
Wednesdays, unless agreed otherwise .

29 June, 1998.
SUPPLEMENTARY NOTE

GOVERNMENT MEETING WEDNESDAY 1 JULY, 1998

Live Register
The report indicated the lowest Live Register figures since 1990. Seasonally
adjusted this is the 15th month in a row to show a decrease.

3rd Level Institute, Blanchardstown


The proposals to proceed now with the Institute overrides the decision of
21/01/98 to await the Report of the de Buitleir Review Committee which has been
considering the issue of places in higher education since January 1997. That
Report has been delayed but it is understood that the Committee will advocate
creation of anything from 10,000 to 70,000 new places.

]
United States: Consulates General
A copy of an aide memoire in this regard to be circulated at the meeting is
attached.

1 July, 1998.
GOVERNMENT MEETING WEDNESDAY 8 JULY, 1998

Taoiseach.
AGENDA ITEMS

Inner Bar (Item No. 1)


There were 13 applicants for this call. The Attorney General has asked that we
hold over this item for another week.

Reserve Defence Force: Resignations (8) (Item No. 2)


Permanent Defence Force: Appointments (3) (Item No.3)
Both are routine items.

Permanent Defence Force: Appointment of Chief of Staff (Item No.4)


I presume the Minister's proposal has been cleared with you and the Tanaiste.

Economic and Social Committee (ESC) of the European Union: Nomination


of Irish Members (Item No. 5)
The nominations are proposed as received from the various sectors concerned.
Three women are nominated for Membership of the Committee. While the
farming pillar have not included a women on their list, their membership is
overwhelmingly male (90%).

Overall, the position of women has been improved from 1 in 9 to 3 in 9.

National Council for Educational Awards: Appointment (Item No. 6)


Routine appointment of student representative.

CERT Limited: Annual Report and Accounts, 1997 (Item 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 Hospitality
Education was enrolled in September.

Page 13 of the Report gives some information on CERT cross border activity.
[

]
Legal Aid Board: Accounts for 1993-1996 (Item No. 8)
The delay in presentation of these accounts arose because the C & AG had
expressed dissatisfaction with the internal control exercised by the Legal Aid
Board over the Legal Aid Fund. The deficiencies identified have been rectified.
Par 6 of the memo shows the tremendous growth in funding and staffing between
1993 and 1996.

The Board hopes to expand the Scheme for the allocation of certain civil legal aid
cases to private solicitors, introduced in 1993, but still only operating in Dublin.
[

]
Standards in Public Office Bill. 1998: General Scheme (Ethics Commission
(Item No.9)
[

After the Government have cleared the item (with or without amendments) the
Minister for Finance intends to refer to it the Joint Committee on Finance and the
Public Service. It is important that the document be received by the Chairman of
that Committee before publication in the media in the normal way.

1998 Programme of Special and Commemorative Stamps: Approval of


Designs (Item No. 10)
These six designs complete the 1998 programme.

IFI/NET Finances and Net Report and Accounts 1995 - 1997 (Item No.11)
The Government are asked to agree, in principle, that the State guaranteed NET
debt (£164m) should be taken over by the Minister for Finance. The modalities
have yet to be decided (re-assign the debt or inject equity into NET) and the
T£naiste will revert to Government in this regard in due course.
The Tanaiste's proposals for the future of the Company and the line to be
adopted with ICI, the EU Commission and possible strategic partners are set out
at pars 4 and 6 of the memo.

Reports and Accounts (1995 - 1997) for the Company accompany the
Memorandum.

Irish Hospitals Trust: : Current Position (Item No. 12)


^ H M ^ H H f l i H l l B H H l j ^ H H I i H H B B l H f c The Minister for
Finance has reviewed the position and concluded that there should be no further
action. His reasons are convincing, notwithstanding the emotive appeal of the
former staff.

Pension Board: Annual Report, 1997 (Item No. 13)


The Board is satisfied that over 90% of registered schemes (covering 98% of
membership of such schemes) had complied with the Pensions Act requirement
to submit an actuarial certificate re minimum funding standard.

There has been slippage by first quarter '98 (105 cases ex 800) which is to be
pursued to ensure compliance.

A new approach to monitoring compliance commenced in 1997 using


Disclosures of Information Regulations. 116 Schemes were inspected and 9 are
for formal investigation/consideration of prosecution. The figure is disturbingly
high, but it is too early to see the exact situation.

SMI Implementation Group: Second Report (Item No. 14)


A separate briefing note on this memo is available - prepared by the SMI Team.

The development of a performance management system and the delegation of


functions will be the crunch issues and these are to be the subject of consultation
with the Civil Service Unions in the first instance.

It is vital that there be adequate support mechanisms, in particular


comprehensive training, to assist Departments in working through what will be a
complex and radical change programme. The Partnership Committees which are
to be established in each Department will have a key role in advancing the
process in a way which engages staff as well as management.

Valuation Bill. 1998 (Item No. 15)


Minister of State Cullen was on call for this last week but it had not been reached
before the Dail Vote at 6.00 p.m.; and the Minister of State was led to believe
that it would not be dealt with later.

Some of the issues which may be raised are


Minister of State Cullen will be available again on Wednesday. Can we arrange
a time at which he might attend, bearing in mind that Donal de Buitleir is coming
at 10.00 a.m?

Use by Eircell of Garda Radio Masts/Sites (Item No.16)


The Minister is concerned about the"growing public opposition to use of Garda
masts for mobile telephone antennae and, notwithstanding the 1997 agreement,
which gave Esat Digifone access to those masts, proposes to refuse a request
for similar access from Eircell. He is supported by the Garda Commissioner.
[

1
Third Level Institution at Blanchardstown (Item No. 17)
You may wish to take this item first after Mr. De Buitleir's presentation.

]
The Minister for Education and Science proposes the acquisition of temporary
accommodation as a headquarters, the commencement of full-time technician
courses from September, 1999, and creating additional apprentice training
places. He also proposes to use the £20m. set aside in the Scientific and
Technological Education (Investment) Fund for planning and building of the new
Institute.

]
Law Reform Commission; President (Item 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.

Digital Broadcasting (Item No. 19)


Dermot McCarthy has sent you a separate note on this.

NON-AGENDA ITEMS

[
]
[

]
Proposed Granting of Honorary Irish Citizenship
It is necessary to formally record a decision in respect of Ms. Jean Kennedy
Smith. An effective date of 1/9/8 is preferred.

[
]
Summer Recess - Meetings of Government

The last scheduled ordinary meeting will be on Monday 27 July,


1998.

July, 1998.
GOVERNMENT MEETING WEDNESDAY 15 JULY, 1998.

Taoiseach,

AGENDA ITEMS

Inner Bar (Item No. 1 )


Twelve applicants are recommended by the Attorney General to Government for
admission to the Inner Bar. Two other applications are deferred to be further
considered at a later date.

Permanent Defence Force; Appointments (Item No. 2)


Revenue Sheriff Sligo/Roscommon: Appointment (Item No. 3)
Routine items. The Sheriff appointment is being proposed on the nomination of
the AG and the Minister for Finance.

District Court: New Posts (2) Appointments (2) (Item No. 4)


This is a request to approve two additional posts. One is consequent on the
secondment of Judge Mary Fahy to Chair the Adoption Board. The other is
requested to assist the Family Law and Custody Courts in Dublin. This will bring
the number of District Justices to the statutory limit of 50.

Proposals to fill these two posts (and two other vacancies arising in August) will
be the subject of another submission.

A further request is to appoint a successor now to one vacancy arising from


the promotion of Judge J.P Clifford to the Circuit Court and to assign a Judge to
the Dublin District. The appointee in this instance will come from the list of
candidates recommended by the Judicial Appointments Advisory Board.

Bord na Mona : Annual Report and Accounts for year ended March, 1998
(Item No. 5)
The financial health of the Company has been restored with the £51 m equity
injection in September, 1997.

The arrangements for the peat fired power station have progressed to planning
application last May to Offaly County Council.

75th Report of Revenue Commissioners, 1997 (Item No. 6)


Probably Revenue's best year so far. Net receipts at almost £14,000m were
close to £2,000m higher than 1996.
See also note on filling of Revenue Commissioner vacancy under Non Agenda
Items.

Maritime Boundaries (County of Louth ). Order. 1998 (Item No. 7)


A routine item in respect of land reclaimed at Carlingford. The Order will be
available at the meeting for your signature.

Carriage of Dangerous Goods by Road Bill. 1998: Text (Item No. 8)


Approval of the text of a Bill is requested to allow access to the European
Agreement concerning the International Carriage of Dangerous Goods by Road
and to adopt two Council Directives.

Video Recording Statement of Alleged Victims under 14 years of age:


Establishment of Committee (Item No. 9)
The Minister proposes to establish a Committee - to be chaired by a Circuit
Court Judge - to draw up, co-ordinate and monitor the practice for video
recording interviews with victims under 14 (or with mental handicap) in cases of
sexual or violent offences.

The Criminal Evidence Act, 1992 allows victims under 17 or with mental
handicap to give evidence in this manner. All cases using this system are
currently heard in Dublin.

Marine Research, Technology Development and Innovation for Ireland:


Strategy (Item No. 10)
The Minister presents a strategy prepared in close co-operation with the Marine
Institute for Marine Research, Technology, Development and Innovation. J ^ E
( ^ ^ ^ • ^ • • • • H H P i H H i The
programme addresses several areas identified in the Good Friday Agreement as
potential areas for North/South co-operation and the Minister also intends to
pursue other ideas in this regard.
The Minister advocates a considerable expansion of expenditure on Marine
Research and Development; a phased increase in annual investment over the
current base (£10.3m) to a mature value of £18.8m in 2003 provided from a
variety of sources including Structural Funds and the Excheguer.

Industrial Action at Dublin Airport: Report (Item No. 11]


>we have yet
to receivecoplesof the Aide Memoire. I understand that they have forwarded a
copy of the Report to you and will also be sending you an advanced copy of the
Aide Memoire.

I believe that the Government are being asked to note the Report, to note that
the Tanaiste intends publishing the Report and to endorse some follow up action.

National Disability Authority/Disability Support Service - Report of


Establishment Group and National Disability Authority Establishment Bill,
1998: General Scheme. ( I t e m No. 12)
We understand that Minister of State Mary Wallace wishes to be present at
Government 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 Law
Reform in the first instance.. and afterwards with you.

The Minister wishes to have a Bill drafted which will provide for the National
Disability Authority (NDA) and a Disability Support Service (DSS). The proposal
is in line with previous decisions on implementation of the Report of the
Commission on the Status of People with Disabilities (published November 1996)
The current proposals were prepared by an Establishment Group set up on foot
of a Government decision of November, 1997.

[
]
It is noted that priority is requested for drafting this legislation, but the Bill is listed
at No. 11 in the Department's own legislative programme.

Digital Broadcasting (Item No. 13 )


Dermot McCarthy has sent you a separate note on this.
[

]
Law Reform Commission: President (Item 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 Sale of Army Barracks


You already have received a copy of the Minister for Defence's draft
Memorandum, which he has also circulated in advance to the T£naiste and the
Minister for Finance.

While the Defence intention was to keep the matter tight until Wednesday there
has been premature publicity on the topic over the weekend, and on RTE's
Morning Ireland on Monday. In an interview the Minister for Defence confirmed
that rationalisation and closures were in prospect. PDFORRA's negative view
and likely resistance were also evident.

You will recall that the outgoing Chief of Staff criticised successive Governments
at 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 which
was somewhat speculative and not quite accurate - is scheduled to take place
over the years 1998 - 2003 (and not the year 2000 as in the copy of the memo
which you have received).

Electoral Areas Boundary Committees

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 background
and informing Government of the Minister's intention to make the necessary
Orders in due course to implement the recommendations of both Committees.

The Minister is intending to publish the Reports tomorrow.

NON AGENDA ITEMS

Revenue Commissioner : New Appointment


The TLAC recommendations for the filing of the vacancy for Revenue
Commissioner (following the appointment of Mr. Dermot Quigley as Chairman to
replace Cathal Mac Domhnaill who has retired) is now available.

By statute (adapted in 1922) Revenue Commissioners appointments (other than


Chairman) are made by the Taoiseach, following consultation with the Minister
for Finance. It is normal practice to mention the proposed appointment at
Government. I have already briefed you and the Tanaiste on the outcome of
yesterday's interviews.

Agency Orders
We have reminded Finance, Justice and Environment that Agency Orders
might be needed in respect of their Ministers.

Special Meeting on Monday 20th July


Lunch arrangements have been made.

So far we have three


i t e m ^ D i g i t a l Broadcasting, tfie Government Legislation Programme for the
next Parliamentary session and Constitutional matters arising from
commitments in Government's Programme and recommendations of All-Party
Committee. t ^ ^ ^ l ^ ^ H ^ ^ I ^ H I ^ ^ H I

You may also wish to consider whether lunch might be offered for the last normal
meeting - Monday 27th July, as it could be longer than usual. If you agree, we
will make appropriate arrangements.

July, 1998.
ALL-DA Y GOVERNMENT MEETING, MONDA Y 20TH JULY, 1998

Taoiseach,

AGENDA ITEMS

Progress on Government Legislation Programme (Item No. 1)


The Government are being asked to note the progress made on the Legislation
Programme and the likely position for the remainder of 1998.

While the number of Bills being processed has increased significantly the
position in not entirely satisfactory. Some proposed Bills are being suggested for
drafting and enactment with very tight timescales which may not prove realistic.

The Government Legislation Committee recently conducted a series of meetings


with 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 Aide
Memoire, 43 Bills are expected but 17 of these have yet to be submitted to
Government by way of heads for drafting authority.

[
]
The Economy (Item No. 2)
I understand from Secretary General Mullarkey that the Minister for Finance
intends to deal with this item orally. He may have copies of charts/overhead
projector slides for circulation for purpose of focusing discussion. Copies of the
Finance charts etc have been promised to me in advance.

Mr. McCarthy is preparing a speaking note for you for this item.

Reconvened Interdepartmental Committee on Immigration Asylum and


Related Issues: Interim Report (Item No. 3)
The Minister for Justice. Equality and Law Reform submits a memo with two key
elements.

(1) Note the Report of the reconvened committee including the review of
direct welfare support for asylum seekers.

(2) taking account of the increasing demand, to decide in principle to allocate


resources to achieve/maintain expeditious processing. (The Minister is
content to proceed on the basis that the additional posts required (c.75)
will be settled with the Minister for Finance in a defined period i.e. the
discussion is effectively about how they would be provided).

[
Digital Broadcasting (Item No 4)
[

]
VHI Premium Increase (Item No.5)
[
]
The VHI proposes to increase premiums by 9% with effect from September 1998
and a 25% increase in Plan P. which covers solely public hospital statutory
charges. Under the relevant legislation, the increases will come into effect
automatically unless the Minister for Health and Children prevents it by 30 July,
1998. The Minister advises that the case for the increase is convincing and does
not provide a basis on which he could reasonably object. It is in line with what he
had anticipated.

Hospital Waiting Lists (Item No. 6)


The level of seasonal bed closures, both in Dublin and throughout the country, is
up by over 30% as compared to recent years. This is a reflection of budgetary
pressures, staff shortages, and increasing demands by senior staff to take a
significant proportion of their annual leave during the summer months.

However, the main determinant is the requirement in agencies to live within their
budgets, made more difficult by a very significant increase in demand during the
first half of the year. The Minister expects that this will be an issue from
September onwards, as some of the closures extend through that month.

Constitutional Matters (Item No. 7)


The Government are being asked to note the position in relation to constitutional
issues referred to in the Government's Programme and the recommendations of
the All-Party Committee on the Constitution.

You have publicly indicated, in relaunching the All-Party Committee and at


Question Time in the Deiil, that you would have the recommendations of the All-
Party Committee considered by Government.

The Committee are anxious to see some follow-up on their recommendations


and they requested on 2 March, 1998 that, after consultation with the other Party
leaders, you might announce the formal undertaking of a programme of
referendum proposals for presentation to the people over a number of years'.
The only recommendation being followed-up at present is in relation to
recognition of local government.

It is a matter for individual Departments to take on board the recommendations


which are relevant to them. However, the responses of Departments to requests
for observations on the Progress Reports of the All-Party Committee and to the
draft memorandum has been minimal.

It would appear that political direction is needed if the process of constitutional


change is to be advanced. ( A copy of a minute from Mr. Ryan dated 2 June is
attached - it categorises the recommendations and refers to the relevant
considerations to be borne in mind including the question of an appeal by
RTE/the Attorney General on the Coughlan case).

]
NON-AGENDA ITEMS

Agency Orders
We have reminded Finance, Justice and Environment that Agency Orders
might be needed in respect of their Ministers.

July, 1998.
K O I N N AN T A O I S I G H
L'imhir

To: 1. Secretary General to the Government


2. Taoiseach

From: Peter Ryan

REVIEW OF THE CONSTITUTION

Mr O'Sullivan's note and draft memorandum under refer. At issue is the


approach to be adopted in relation to furthering the recommendations of the
All-Party Committee for constitutional amendment. Mr. O'Sullivan asks if the
Taoiseach would wish to circulate the memorandum for discussion at the
special government meeting next week,

Climate for the conduct of Referenda


Experience in the recent referenda highlights the difficulties now faced in
relation to referenda. Notwithstanding the commendable effort of the
Referendum Commission to fulfil its brief, there is considerable disquiet at the
prominence given to "no" arguments which were without validity and, also, to
the equal weighting given to the "yes" and "no" cases despite the
overwhelming "yes" support among the political parties.

The Court decision on broadcasting arrangements was a further inhibiting


factor and we will have to await the outcome of the RTE appeal (to which the
Attorney General is to be joined) to see if any clarification on interpretation
emerges which might ease matters. If not the possibility of a constitutional
amendment may have to be considered.

For these reasons alone there would be a reluctance to embark on a series of


referenda for constitutional reform until the various possibilities are played
out.

All-Party Committee
The reconstituted Committee are anxious for their work to be acted upon and
suggestions which they have made to secure the necessary commitment are
referred to in the draft memorandum (pars 6 and 7).

The Committee have advocated creation of a mechanism to facilitate a


structured programme of change. There is a certain appeal to this but it is
difficult to see how any progress could be made until the issues referred to
above have been resolved. Moreover, it is difficult to conceive a mechanism
operating on a completely stand alone basis in that, ultimately, it is the
responsibility of the Government to bring forward and promote specific
R O I N N AN T A G I S I G K
t'imhir

proposals for constitutional amendment and Ministers and their Departments


would have to be involved in that process.

Constitutional Amendments now awaiting action


These are contained in the First Progress report of the precursor All Party
Committee and seem capable, by and large, of being advanced in accordance
with existing practice i.e. by being taken on board in the respective
Departments. However, the workload consequences for individual
Departments 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?8


ontv if a aew Taoiseachflaa aot been appointed within 10 davs
President to have power to summon the Daii within 3 davs of a
dissolution request by a Taoiseach who has 8ost the 3upport of a
majority
This approach differs from that of the Whitaker Group, who opted for a
constructive vote of no confidence to avoid a risk of deadlock in the
nomination 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 Committee is not


without difficulties either in that any prescribed timeframe imposes a
rigidity which may prove inadequate to unforeseen circumstances in
• . the future.

Personally, I would not see any major obstacle to the President


continuing to exercise a discretionary role as already prescribed by the
Constitution although, based on experience in recent years, some
clarification of the scope of the existing powers would be useful. The
benefit of the President continuing to exercise a role in this area is one
of greater flexibility.

These are issues of fundamental importance which have major political


implications and cross party consensus would be vital.

Courts and validity of Laws

Provide for not less than 7 members of the Supreme Court to


decide on the validity of Sawa (Art 26 and Art 34)
ROINN AN TAOISIGH
Uimhir

Provide for 90 (instead af days for Supreme Comet decision or.


an Art 26 referrai of a Bill by the President
Delete one judgement rule re referred Bills
Delete immutability of Supreme Court judgement am referred Bills
and provide for declarations of invalidity of laws
Provide for findings of constitutional inconsistency in the cast off
ore-1937 laws

These do not appear to be politically contentious but could be expected


to generate substantial debate. They could all probably be taken in a
single referendum (subject to AG's advice) and would generally fall
within the remit of the Department of Justice.

Local! Govenameat

Recognise and provide for loss! gffiflJfflffli sadfor periodic jjc-sai;


government ejections
A proposal on these linesfrom the Minister for Environment and Local
Government was approved by the Government on 20 May, 1998, and
the Minister intends that a referendum on the subject should be held in
conjunction with the local elections in June, 1998.

Other substantive amendments

Provide for a new Public Ethics CommassioE


This links with D/Finance consideration of a Standards in Public
Office Bill

Insert new Artide on Ombudgmag


This links with Department of Finance consideration of an
Ombudsman (Amendment) Bill to widen the remit of the
Ombudsman..

Delete references to "womeo am the heme'' k Art 41 and add


reference to the contribution of persons caring for others within
the home
This would be primarily for D/Justice, Equality and Law Reform.

17 Amendments of a mainly teehnicaB nature


These should not be contentious but the process of amendment may
cause problems in view of the large number of questions to be put.
R O I N N AN T A O I S I G H
L'imhir

Other Issues
A structured programme of constitutional reform may heighten pressure to
open or reopen major contentious issues e.g. by seeking to have such issues -*
given a special priority in a programme of reform..

Conclusion
There is a strong case for waiting until the outcome of the RTE appeal is
known in the hope that it may ease the arrangements that will apply for future
constitutional referenda or, if not, until a decision has been taken on what
should be done.

In the meantime, with the exception of the two Dail proposals and the
technical amendments, the proposals arisingfrom the First Report of the All
Party Committee could be referred to the appropriate Departments where they
could be receiving consideration.

Action on technical amendments could be held over pending clarification of


the referendum process referred to above.

In relation to the two proposed amendments concerning the Dail, a


consultation process could be opened with the other party leaders to see if
further progress is possible. Alternatively, the Government might prefer to
await the further recommendations of the All Party Committee on the
institutions of state and address all of them at the same time in a cross-party
forum. In this regard we understand that the All Party Committee would
welcome guidance on the optimum timescale for the next "omnibus" report
they are addressing.

2 June, 1998
GOVERNMENT MEETING, WEDNESDAY 22ND JULY, 1998

Taoiseach,

AGENDA ITEMS

Ambassador of Republic of Korea


Ambassador of Federal Republic of Germany
Ambassador of Canada: Appointment
Ambassador of India: Appointment
(Items 1 - 4 )
These items are routine

Bord na Gaeilqe: Report 1997. Accounts, 1996 (Item No. 5)


A surplus of £76,918 is reported, compared to a surplus of £27,104 in 1995.

National Treasury Management Agency: Report and Accounts for year


ended 31 December. 1997 (Item 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 (Item 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 TEAM, less profit from the
disposal of shareholding in Airmotive, and the sale of remaining interests in
hotels.
[

]
Irish National Stud Company Ltd: Report and Accounts 1997 (Item No 8)
The Company had a record year - a pre-tax profit of £657,571 (an increase of
over £150,000).

Irish National Petroleum Corporation Ltd (INPC): Annual Report and


Accounts. 1997 (Item No. 9)
The Minister for Public Enterprise will be reporting to Government in October on
the refinery's future. The INPC had a difficult year in 1997 - recording a loss of
£3.4m.
-2-

Dublin Docklands Development Authority: Annual Report and Accounts.


1997 (Item No. 10)
The Government is asked to note the Annual Report and Accounts of the Dublin
Docklands Development Authority (DDDA) for May to December 1997. The most
significant events during this period were (i) the adoption of an ambitious Master
Plan for the rejuvenation of the Dublin Docklands Area, including a strong social
development programme, and (ii) the start of development on the 12-acre
extension to the original IFSC site (despite some remaining uncertainty about the
agreement of the EU to proposed tax incentives). The successful
implementation of the Master Plan will pose a major challenge for the DDDA and
will require co-operation from other public sector bodies.

Social Welfare Services: Statistical Information. 1997 (Item No. 11)


This is the usual annual item. A summary of the main developments in 1997 is
contained in the Appendix to the memorandum.

Criminal Justice Act, 1994: Orders (Item No. 12)


The effect of these Orders is to designate three further countries (Georgia,
Singapore and Vietnam) which became parties to the UN Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, so that Ireland can
extend to these new contracting parties the various types of criminal law co-
operation required by the Convention.

I will have the Orders at the meeting for your signature.

Industrial Relations Act, 1990 (Definition of "Worker") Order, 1998 (Item No.
131
The drafting of this Order was approved by Government on 3 June, 1998. The
change will take effect on 1st August.

I will have the Order at the meeting for your signature.

I Grant Assistance (Item No. 14)


-3-

]
Tourist Traffic Bill. 1998: General Scheme (Item No. 15)
The Minister for Tourism, Sport and Recreation is seeking the approval of the
Government to the drafting of this Bill. The Bill provides for an increase from £22
million to £50 million in the Statutory limit on the cumulative Grant in Aid that
may be paid to Bord Failte to support tourism capital development works. The
£22 million limit will be reached this year and the Minister had hoped to remove
the limit altogether.

In the light of political resistance to the high level grant-in-aid proposed as a


statutory 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 new
million limit.

Expenditure by Bord Failte will of course continue to be subject to the Annual


Budget and Estimates process.

National Statistics Board: Strategy for Statistics. 1998 - 2000 (Item No. 16)
The function of the National Statistics Board is. with the agreement of the
Taoiseach, to guide the strategic direction of the CSO. This Memorandum
requests the Government to endorse the priorities identified by the Board in
its latest Strategic Plan, which covers the period 1998-2002, and to approve
its publication.

Ratification of Treaty of Amsterdam : (Item No. 17)


The Minister for Foreign Affairs, is seeking authorisation from the Government to
arrange for the ratification on behalf of Ireland, of the Treaty
-4-

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 under


Article K7.3 of the Treaty of Amsterdam. Under the Terms of the Treaty of
Amsterdam, the Government may also opt at the time of signature of the Treaty,
or subsequently, to accept by means of a Declaration an extension of the
jurisdiction of the European Court of Justice.

Aside from the question of whether or not to make the Declaration, the
Government can choose whether the jurisdiction of the European Court of
Justice should apply to all courts and tribunals, or only to those courts against
whose decision there is no judicial remedy under national law. The Court
currently has jurisdiction in relation to specific areas granted by Government
under particular conventions.

a Declaration simultaneously with ratification, however, the Minister requests an


early Government Decision on the overall question of making a Declaration,
subject to the approval of the Dail and Seanad Eireann.

]
There are no policy implications from this Department's viewpoint in relation to
the making of a Declaration. It is likely however, that Ireland will come under
pressure, if not immediately, in the medium term to make such a Declaration.

]
-5-

Working Group on Company Law Compliance and Enforcement;


Establishment (Item No. 18)
The Tanaiste is advising her colleagues of her intention to establish the above
Group. Proposed Terms of Reference and composition are briefly outlined in
paras 3 and 4 of the aide memoire.

Public Private Partnership (Item No. 19) - Check with Sile


This was to have been received yesterday. However, the officials were not able
to clear it with the Minister prior to the Government meeting. It will be submitted
as soon as it is cleared.

Third Report of SMI Steering Group, Department of Justice, Eguality and


Law Reform (Item No. 20)
I
]
Economic Review and Outlook. 1998 (Item No. 21)
This is the normal annual item. The commentary in Part 1 is a useful overview of
the situation which was covered at some length in the course of yesterday's
special Government meeting.

The conclusion of the commentary (page 11) spells out the need for careful
management of the economy over the next few years and highlights the
importance of support for the partnership process as well as the need for
responsible attitudes to wage and public service increases-

Candidature of Ireland for UN Security Council (Item No. 22)


You are aware of the background involved. The campaign will have some
implications for the Estimates for 1999 and 2000.

National Disability Authority/Disability Support Service - Report of


Establishing Group and National Disability Authority Establishment Bill,
1998: General Scheme (Item No. 23)
[

]
-6-

Diqital Broadcasting (Item No. 24)


^ B B U P H M H P H H I H B One official from each of the Departments
most concerned is to attend on Wednesday to make a presentation on the matter
- to conclude no later than 10.30 a.m.

]
SUPPLEMENTARY AGENDA

Civil Service Commissioner: Appointment


We have been informed that the Minister for Finance will be bringing this item to
Government on Wednesday. They will provide advance copies for you and the
TSnaiste, but will not circulate it widely prior to the meeting.

Combat Poverty Agency


This was received marginally late for the main agenda.

The Agency is required by Statute to submit to the Minister within 6 months of the
end of its financial year, a report on its proceedings. Unaudited accounts are
also submitted, to be re-submitted when certified by the C & AG.

NON-AGENDA

21 July, 1998.
DONE IN AMI PRO

GOVERNMENT MEETING MONDAY 27 JULY, 1998

Taoiseach,

AGENDA ITEMS

Permanent Defence Force: Appointments (Item No. 2)

Ambassador of Turkey: Appointment (Item No. 3)

Minister for Finance (Agency) Order, 1998 (Item No. 4)

Enterprise, Trade and Employment (Delegation of Ministerial Functions)


Order, 1998

Bord na gCon: Report and Accounts, 1997 (Item No. 6)

An Bord Glas: Annual Report, 1997 (Item No. 7)

Forfas: Report and Accounts, 1997 (Item No. 8)

Council of Trustees of the National Library: Report, 1997 (Item No. 9)

National Milk Agency: Annual Report. 1997 (Item No. 10)

Shannon Free Airport Development Company Limited: Report and


Accounts. 1997 (Item No. 11)

Temple Bar Properties Ltd: Report and Accounts, 1997 (Item No. 12)

National Lottery Act. 1986: Designation of EXPO 2000 (Item No. 13)

Application for Industrial Grant (Item No.


14)

Application for an Industrial Grant (Item No.


15)

ECJ: Bell Lines Limited (Item No. 16)


Western Development Commission Bill, 1998: Text (Item No. 17)
This Bill will establish the Western Development Commission on a statutory
basis, enabling it to promote the economic and social development of the
Western region by collaborating with the existing agencies operating in the region
and by providing additional , complementary support in the form of loans and
equity for developing companies through the operation of a Western Investment
Fund. Arrangements for the establishment of the Fund were agreed by the
Government on 28 April last.

Under the Bill responsibility for the overall operation of the WDC and the Fund
remains with the Minister for Agriculture and Food. In a letter to Minister of State
Davern on 20 July you indicated that this matter would be dealt with speedily by
the Government. This is a politically sensitive item.

Criminal Justice (UN Convention Against Torture) Bill: General Scheme


(Item No. 18)

Review of the Offences Against the State Acts. 1939-1985 (Item No. 19)

Data Protection (Amendment) Bill: General Scheme (Item No. 20)

National Disability Authority/Disability Support Service - Report of


Establishing Group and National Disability Authority Establishment Bill.
1998: General Scheme (Item No. 21)

cannot say at this point if this item will progress this week.

Motor Insurance Advisory Board: Re-establishment (Item No. 22)

Year 2000: Third Report of the Interdepartmental Committee (Item No. 23)

Implementation of Partnership 2000 (Item No. 24)

Poverty Proofing Policy: Proposals (Item No. 25)

Public Private Partnership (Item No. 26)


This was to have been received yesterday. However, the officials were not able
to clear it with the Minister prior to the Government meeting. It will be submitted
as soon as it is cleared.

Dublin's Future Motorway Network (Item No. 27)

Future of ACC. ICC and TSB Banks (Item No. 28)


Air Corps and Naval Service: Report of Steering Group (Item No. 29)

Air/Sea Support Reguirements (Item No. 30)

Action Programme for the Millennium: White Paper on Defence (Item No.
31)

Army Hearing Loss: Litigation (Item No. 32)

Future Management and Development of Curragh of Kildare: Appointment


of Interdepartmental Task Force (item No. 33)

Private Security Industry: Proposed measures to regulate (Item No. 34)


The Minister for Justice, Equality and Law Reform's proposal to give effect to the
recommendations of the Report of the Consultative Group on the Private Security
Industry has been welcomed by all Departments/Offices consulted.

The UK, Ireland and Greece are the only countries without statutory regulation of
the private security industry. There has been a consistent demand for this over
the years

The proposal to establish a "Cross-Departmental Team" under the Public Service


Management Act to co-ordinate the introduction of a regulatory framework in
parallel with the legislation to be welcomed as a good example of SMI in action.

General Register Office (GRO): Modernisation (Item No. 35)


This item is for noting only.

As no substantive decision is called for on this occasion detailed consideration of


the issues identified might be left over until the promised joint memorandum is
presented to Government at the end of this year.

Government Road Safety Strategy (Item No. 36)


This Strategy document has been prepared in consultation with the Gardai and
the Department of Justice, Equality and Law Reform as well as representatives
of the motor insurance industry. It is a co-ordinated Government response to the
increasing pattern of road fatalities and serious injuries particularly in recent
years.

The key to success in the case of the Strategy is Garda enforcement. Without
that the Strategy just won't work.
Minister Dempsey intends to launch this initiative on a date to be decided in
August.

24 July, 1998.

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