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Seanad Éireann debate -
Wednesday, 5 Dec 1984

Vol. 106 No. 5

Order of Business.

It is proposed to take items Nos. 1, 2 and 3 and to take a break from 5.30 p.m. to 6.30 p.m. Item No. 7 will be taken at 6.30 p.m. There is one-and-a-half hours remaining on this Private Members' motion.

For the benefit of Senators, I might indicate what is being proposed in regard to the sittings between now and the recess. It is proposed to sit tomorrow and to take item No. 8 in the morning and if it is concluded it is proposed to take items Nos. 4, 5 and 6 on today's Order Paper. It is proposed to sit next week on Wednesday and Thursday and in the following week it is proposed to sit on Tuesday and Wednesday. If the Dáil adjourns on 14 December this will enable the Seanad, for once, to be able to debate the Appropriation Bill and not have to resort to the device of taking the Bill without debate and having a motion in the New Year.

Where is the Copyright (Amendment) Bill? This Bill came before the Seanad and was sent to the Dáil. It had been listed for approximately six to seven weeks for discussion in the Seanad and I now see that it has disappeared completely from the Order Paper. I know the blame does not rest with the Leader of the House. Has this Bill been put into cold storage? If this is so, it raises a very serious question.

An Leas-Chathaoirleach

You have asked a question, Senator, and I would prefer that you would not make a speech on it.

I ask the Leader of the House is the Minister aware that since the Copyright (Amendment) Bill was sent back to the Dáil, the Performing Right Society, who were discussed during the debate on the Bill, have raised their fees by more than 35 per cent? I want to inquire if the Minister has sanctioned this increase or if it has been sanctioned by the Prices Commission.

The Leader said that item No. 8 will be taken tomorrow morning and if that is concluded items Nos. 4, 5 and 6 would be taken in the afternoon. Is that correct?

I am anticipating that item No. 8 will take up the whole of the morning.

In view of the strong commitment of both Governments to further the process of constructive dialogue in relation to the terrible conflict in Northern Ireland, Senators Rogers, McGonagle and I feel we should withdraw motion No. 17 for the moment at least, in the hope that this may prove helpful to the process of constructive dialogue. We would add, of course, that we will be watching with interest the outcome of such and reserve our right to bring back that motion at any time in the future. For the moment, we feel it would be more helpful to withdraw it in anticipation of a more constructive debate taking place over the next two or three months than we have had so far in relation to the Anglo-Irish situation, in particular with regard to the North.

I would point out that there are 17 items on the Order Paper today. There is not one single piece of Government introduced legislation. Today we are to discuss two orders. Tomorrow, apparently, the Seanad is to take note of one, two, three, four things. I wonder why we are sitting at all and why is the Seanad wasting its time sitting today and tomorrow without a single piece of Government introduced legislation. It is a scandal that the House is treated in this way. What was happened to the Children Bill and to the Family Planning Bill that we have heard so much about? There is an opportunity for the Seanad to initiate Bills and the Government calls us back today and tomorrow without a single piece of legislation. They have a nerve to do it.

I would ask the Leader of the House whether he is in a position to confirm if the Minister for Health or his Minister of State and officials from the Department will be present for the concluding stages of the Fianna Fáil motion on cutbacks. As you know, we were having the spectacle of hospital wards being closed and a number of services in the opthalmic and dental areas being discontinued——

An Leas-Chathaoirleach

You cannot make a speech.

I am coming to the closing stages of what I wanted to say. These services are affecting the poor people in our community. We have the shabby spectacle of another way in which this House is being treated by the Government. Last week during the debate on this motion we did not have the Minister or his Minister of State or officials from the Department for a very considerable time. This is a very serious situation. It is another way in which the status of this House is being undermined, not to talk of the way in which the Minister is neglecting the people I have referred to.

I joined with the Leader of the House last week in deploring the rushed manner in which we had to deal with the Protection of Employment Bill. There was not anything like adequate time to deal with the Committee Stage and no sooner had the Leader of the House deplored that action than a few hours later we had the shabby treatment in relation to the motion at 6.30 p.m. I would like to ask the Leader of the House what specific steps he proposes to take as a matter of urgency to restore a semblance of status and order to this House.

I associate myself with the remarks of Senators Smith and Hillery. I felt that the Leader of the House, with great sincerity, last week made a very strong and pointed case about the treatment of this House. I appreciated his remarks then, as I do now. The performance by the Minister for Health, by the Minister of State and the Department seemed to me to arise from what the Leader had said. In my opinion he was snubbed. It is regretful to allow such a thing to happen. The Senator has worked very well as Leader of the Seanad. He tries his best to keep the Government business moving. Senator Ross is correct: if we look at today's Order of Business and if we look at——

An Leas-Chathaoirleach

The Senator cannot make a speech.

Seeing that we are talking about lighter aspects, I want to raise a matter of which I think we should show appreciation. Today, the Leader of Fianna Fáil, Deputy Haughey, arrived in Dublin after concluding a most successful——

(Interruptions.)

I offer congratulations of the House to him and to the IFA for so doing. It is far more important to this country today than the wine lake which was being talked about in other places yesterday. I think the man brought back reality to this country. He should get the appreciation of this House for so doing.

I would point out that all the legislation on the Order Paper is Private Members' legislation. If the Government are either unable or unwilling to produce legislation, Senator Ross and I would be quite happy to have the other legislation taken today or tomorrow or next week. Unlike the Government, we apparently can draft legislation and we are capable of introducing it and defending it in the House. That is not to say we are anything other than grateful for the substantial amount of time the Leader of the House has allocated for one item. There are two other items that are ready to be discussed, that are relevant to two different areas of important policy, which have no fundamental financial implications in either case and which could usefully be discussed in the Upper House. They are there and if the Government cannot produce legislation we would be very happy to discuss our legislation.

I wish to inquire whether permission was sought from and given by the Irish Government to allow the British Prime Minister to land at Dublin Castle in an RAF helicopter——

An Leas-Chathaoirleach

Senator Lynch, resume your seat, please.

Today we are to take Nos. 1 to 3 before the break. I presume that Second Stage of the Housing (Homeless Persons) Bill, 1983 will be given a full airing today. If it is not completed by 5 p.m., what is the intention of the House? Tomorrow morning we are to take No. 8 which is an important report. It is suggested that we then go back to Nos. 4, 5 and 6. The House was given the opportunity to put those three reports together. I suggested that the motion that was put down in the name of the Northern Senators could be amalgamated with that set of reports. We arrived in here and on that day there were no Government speakers, apart from Senator Ferris. We finished off at the break with three consecutive Fianna Fáil Members. Does that indicate that there is nobody on the other side of the House who has any interest in developments in the EC, in the milk super-levy, in secondary legislation on fisheries and in the Northern question or is it that they want to drag out the business of this House, as has been suggested by Senators?

An Leas-Chathaoirleach

I do not think you can stand up and decide whether Senators speak in this House or not.

I am disappointed with the suggestion to withdraw motion No. 17. It was originally entered in a particular form. It was then changed and with the support of this side of the House it was agreed that it should be taken. I am disappointed that we did not have an approach made to this side of the House and that it is being withdrawn, we having agreed that it should be taken. It should have been indicated to us what would happen. Is it reasonable to sit tomorrow? It would appear that we are going to sit to take No. 8 and that the other items are fill-in subjects.

I will endeavour to deal with the various points raised. The first question was from Senator Lynch in connection with the Copyright Bill. The Copyright Bill passed all Stages in this House and was sent back to Dáil Éireann. I can assure Senator Lynch that I have been urging the speedy handling of the amendment to that Bill in Dáil Éireann. I was informed two weeks ago that some difficulty had arisen in regard to this Bill. I do not know the details of it but such information as I have indicates that it has nothing to do with the Performing Right Society, with that particular aspect of the Bill, or with the question of any charges. I have been urging that it should be returned to us and I will once again express to the Minister in charge of the Bill that concern has been expressed publicly in the Seanad in regard to this matter.

In regard to the next question raised, that we have 17 items on the agenda at present and that there is no Government business proposed to be done, this is a remarkably clear demonstration of the fact that the Leader of the House cannot win. If he does not give time for Private Members' Business, then he is criticised because he only brings the Seanad together to rush through Government business and that he does not make this a deliberative House. Of course it was open to me that the Seanad should not meet this week. But I wonder what would have happened the following week. I am quite sure Senator Brendan Ryan would have been eloquent in pointing out the fact, if there was a week in which there was no Government business, that, as he indicated already this evening, there are several private measures.

The situation is that I asked the Cathaoirleach to have a sitting this week. I proposed that on the Adjournment the last day. Might I say that there are very few Independent Senators sitting in this House when it comes to the Adjournment at the end of the day when we decide whether to meet next week or not? On that occasion I proposed that we meet today and we are meeting largely for Private Members' Business. And why not? What is wrong with that if this House is to do its job? It has, of course, a public function in regard to Government business and legislation. When we have the time I am perfectly willing to make that time available for Private Members' Business.

Senator Smith raised the question of the Private Members' motion that we will be taking from 6.30 p.m. to 8 p.m. The position in regard to this is that I have been informed that the Minister of State, Deputy Donnellan, who sat through this debate last week will attend this evening and will make a contribution to the debate. That is the information that I have.

In regard to the question of the slowness with which legislation is coming forward, I concur with what has been said. I can state my personal opinion that I do not think there is any Member in this House who would have been happier than I would have been to see introduced in this House one of the three Children Bills that we are supposed to be getting. I have expressed the point of view that these Bills are long overdue. I have expressed willingness and anxiety that these Bills should be introduced in the Seanad. What I have said privately I now say publicly.

In regard to the question of the Housing (Homeless) Persons' Bill, this is something about which I can well understand that Senator Lanigan should ask a question. It has been with us for a while. It should be open to Members to discuss this matter this afternoon. Since it has been such a while since it was discussed I will mention something that I might not have mentioned until the matter came up. That is that I would ask permission of the House that the Minister of State be allowed to speak on this matter because such time has elapsed since the former Minister of State, now Minister for Labour, intervened in the debate. Of course, under our Standing Orders the Minister of State has a right to address the House but it is a normal convention that no more than one representative of the Government would intervene. I trust that the House would welcome a statement from the Minister of State, in this case Deputy Séamus Pattison, in regard to the present position.

In regard to what Senator Lanigan said about the debate on the EC motion, he indicated that on a previous occasion there were three Fianna Fáil speakers in succession. We must allow a pardonable degree of exaggeration. The exaggeration was only 50 per cent in this case — only two Fianna Fáil speakers spoke in succession after Senator Ferris. They were Senator Hussey and Senator Kiely. After that it passed to the Government side. When it was next discussed on 29 November, it went to this side of the House and then went back to the other side when Senator Fitzsimons spoke. After that Senator Hourigan and Loughrey spoke in succession. If the charge can be made that the Government were not interested in the EC on 21 November then the Opposition were not interested on 29 November. I think if we all make a resolution that whether this motion is reached tomorrow or whether it is reached at a future date, that all sides of the House will join in a thorough discussion of developments in the EC and the future of the EC which is so vital to our country and to the Community in which we are members.

I must ask a question because the Leader of the House proposed something about the Bill I have introduced. I would be quite happy to have a junior Minister from the Department of the Environment to reply because he would be involved with the Department handling this legislation. Deputy Pattison is not a junior Minister at the Department of the Environment: he is a junior Minister at the Department of Social Welfare. Therefore I do not understand what a junior Minister at Social Welfare would have to say on a matter of policy to do with the Department of the Environment.

I will explain that. Senators are aware that Ireland occupies the Presidency of the European Community. Both the Minister for the Environment and the junior Minister for the Environment are engaged in Brussels today. It is for that reason that they could not be present. It was represented to me very strongly that the Housing (Homeless) Persons Bill should not be taken today because of the absence of both these Ministers. I indicated that I thought it should be taken, that we could find ourselves, if we did not take it today, with Government business crowding it out between now and Christmas and we would be into another year. Deputy Séamus Pattison will be prepared to make a statement here which will not be the personal opinion of Deputy Séamus Pattison but represents the views of the Minister for the Environment.

Order of Business agreed to.
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