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Seanad Éireann debate -
Wednesday, 27 Mar 1996

Vol. 146 No. 18

Order of Business.

Today's Order of Business is items 2, 1, and 3. Item 3 will be taken at 6 p.m.

Is it the Leader's intention that both items 2 and 1 will be dealt with today?

If possible.

Last week this House had the opportunity to discuss BSE because the Leader kindly arranged statements last Thursday. In light of events taking place at present, would the Minister for Agriculture, Food and Forestry come into this House? As I mentioned last week, we support the need for national co-ordinated support for the industry. If the Minister was available this week, we would welcome him and we would agree to time being made available.

On many occasions, as would be the position of Leader of the Opposition, I have cause to disagree with various areas of Government policy. On this occasion I wish to comment on a success story in the film industry which particularly involved the Minister for Arts, Culture and the Gaeltacht, Deputy Higgins. I refer to the success of the film Braveheart. I note the newspaper comments this morning on the claims of other countries. In my view this is a success story for this country and there is enough in it to help the appropriate agencies to promote our country.

The economic benefits of events in the last 48 hours will be ongoing. I encourage the Minister and the Government to continue the policy of promoting and encouraging investment in this country to the economic benefit of all.

The Government's White Paper on Foreign Policy was published yesterday and I am sure the Leader will be making arrangements to have discussions on it at an appropriate time. I want to focus on the aspect of neutrality. There have been clear indications from all party leaders that they are walking on eggshells on this issue and it is easy to understand why. It is crucially important that such discussions should take place in peace time, if you will forgive the analogy. It is important for public representatives to clear their minds before they start coming under pressure from various groups with different viewpoints.

People should take time to establish what they mean by neutrality and how this country would act neutrally in different situations. I would prefer that to be done here before there is a major public debate. Neutrality should be discussed by the House to allow people to be better informed about it rather than falling victim to other persons' points of view.

For the second week running we do not have Private Members' time. I realise that we will debate a very serious issue this evening — during what is normally Private Members' time — when we can avail of the debate on the Bovine Diseases (Levies) Regulations to make observations on BSE. I expect that Fine Gael or Labour could have found a motion on which we could all agree. It is not necessary for them to table a motion on which they could be voted down on the basis of having a minority in the House. It creates a bad precedent when we do not have Private Members' time, and if that means allocating other time to these serious issues, then that should be done. Private Members' time, however, should be sacrosanct.

Like the Leader of the Opposition, I am glad BSE was discussed last week, although it was regrettable that neither the Minister for Agriculture, Food and Forestry nor the Minister of State was here to take the debate. The Leader should bring to the Taoiseach's attention the necessity of contacting the Egyptian authorities as a matter of urgency.

It is being done.

We should be careful because the position could get worse. It should not have taken as long as this to have made contact. If I can phone my house from a public phone booth in the Gaza Strip, I suspect that the Taoiseach should have been able to contact the Egyptian President by telephone more expeditiously than has been the case.

I support the call for a debate on the White Paper on Foreign Policy entitled Challenges and Opportunities Abroad. I am curious to know the significance of the picture on the front of the White Paper showing Ireland alone in the world and hanging by a thread. Perhaps someone will clarify the significance of that piece of art.

It is a rainbow Government.

Is there a PD on it?

Yes, they are quite heavily populated on the cover.

A question to the Leader.

Can time be made available to discuss this matter? Professor Dooge is coming to the House tomorrow and it would be appropriate to combine those two items. I can understand why it might not be possible but it is something we have to discuss as a matter of urgency.

I endorse the remarks that were made about the film Braveheart. I thank members of the Defence Forces and the FCA at the Curragh for having contributed so significantly to this singular achievement.

Over the past couple of weeks we sought time to discuss proposals for the representation of emigrants in the Seanad. When is it proposed to take that matter?

I join with Senator Wright and Senator Dardis in congratulating both the Minister for Arts, Culture and the Gaeltacht and all the Irish people who were involved in the film Braveheart. Senator Dardis rightly singled out the Defence Forces and the FCA whose members looked very well in their kilts. Senator O'Toole mentioned the White Paper on Foreign Policy. It is important that we take the time to read the paper fully before we discuss it here because it is quite a long document. While naturally the media have concentrated on the neutrality issue, there are other important aspects, such as how we relate to countries where there are human rights abuses, development aid and so on. We should give equal importance to each issue when we discuss the White Paper.

Private Members' business was to have been the Labour Party's motion tonight but we gave up our time because of the important issue that needs to be discussed. I can assure Senator Dardis that we had prepared a motion, about which we felt strongly, but we decided to give up our time because the other matter is more pressing.

As a fellow constituent of the Minister for Arts, Culture and the Gaeltacht, I congratulate him. He will get so many votes in Galway West next time around that those of us opposing him will need a brave heart to be able to withstand all the great things he is doing.

I wish to raise two issues with the Leader of the House. Last Sunday's Sunday World carried a report on the crime bosses. I ask the Leader of the House to arrange a debate on the subject matter of that report. This was a brilliant piece of investigative journalism and it is time we discussed the crimes perpetrated by well known criminals, not just in Dublin but in other cities, including Galway. If a newspaper can photograph people and state clearly that they are involved in serious criminal activity, then it is time for the relevant Ministers to discuss with us the action to be taken to put those people where they belong. They are a problem for society.

On the Order of Business last week I raised the situation in University College Hospital Galway and I raise it again today because it is even more urgent now. You will be familiar, Sir, with the problems that have existed there for some time. The most serious problem occurred this week. Two of the three X-ray theatres have now been closed because the patient radiation dose and the operator radiation dose is considered excessive.

A question to the Leader, please.

The major acute hospital in the Western Health Board area, serving the western seaboard, now has the same facilities as a cottage hospital. It is not possible to be X-rayed in University College Hospital at present. I ask for an urgent debate about this hospital so that we can find a way forward. This is not the fault of the present Minister, it is the fault of successive Governments.

At what stage is the reorganisation of the education structures and when it is likely to be complete? I wholeheartedly support the commendations to the Minister for Arts, Culture and the Gaeltacht, Deputy Higgins. I knew at the outset that his commitment, dedication and involvement would result in a great success for this country.

Would the Minister who will be dealing with the bovine diseases levy this evening address as a matter of particular importance and urgency, the question of controls by our Customs authorities along the Border? This has become the most important single issue to be addressed having regard to the actions we took in our time to ensure that we maintained what is called white country disease free status but unfortunately the UK, which includes Northern Ireland, did not do the same. Given the priority attached to this industry in this part of Ireland, it is essential to know what steps the Customs authorities — perhaps the Minister for Finance should deal with this aspect — are taking and will continue to take to ensure that smuggling across the Border will not undermine our status. This matter is of vital importance.

In relation to contact with Egypt, will the Leader communicate to the Taoiseach that there is precedent for a successful conclusion to problems caused by restrictions imposed by that country? In 1989, in conjunction with the veterinary authorities, I visited Iran and made contact with the Egyptian authorities regarding similar difficulties. Vetinarians travelled to Egypt and the authorities there were then satisfied that our beef was absolutely secure. This precedent exists and I hope there will be no further delay in reactivating the guarantees established at that time.

I do not want a discussion on this matter as the debate on that subject concluded last week. The House will have another opportunity to discuss it tonight.

I appreciate that, a Chathaoirligh, but the ban on live cattle has arisen in the meantime.

I agree with Senator O'Sullivan that it is important to take time to consider neutrality in detail. However, the Tánaiste could have considered it over the last 18 months and ensured there was sufficient time to discuss it. It is being introduced now, just two days before the Intergovernmental Conference in Turin, and although everyone has been asked for comments, there has not been proper analysis or discussion. It is far too late at this point, but it is essential the House holds a reasoned ongoing debate on this matter. I hope the Tánaiste will be in a position to come to the House to discuss these issues.

Is the Leader planning a rematch between Senator O'Kennedy and Mr. Vincent Browne following their challenging battle last Monday night?

Does the Senator want tickets?

I do not know whether it is planned to have it on 98 FM or another station.

It is not a matter for today's Order of Business, Senator.

Perhaps it will be on Sky television.

Senator O'Brien has tickets.

The referee from Kildare was a great help.

A question to the Leader of the House, Senator.

I wish to raise a serious matter regarding the seizure and impounding of untaxed cars by the Garda Síochána. The Garda is empowered to carry this out under section 41 of the Road Traffic Act, 1994.

The Senator's party voted for it.

I strongly oppose this particular section.

The Senator's party supported it when they crossed the floor and went back into Government.

I opposed this section when it was debated in the House

A question on today's Order of Business, Senator.

I believed then, and still believe, that it is a draconian power. I am sure Members read newspaper reports of the seizure and impounding of two cars which resulted in——

A question to the Leader of the House.

Did the Leader read the reports that two women were left stranded late at night in Dublin city? I want a debate on this draconian law because it could lead to——

A question to the Leader, Senator.

Will the Leader arrange a debate on this draconian law? A person's life and safety could be placed in jeopardy if they are stranded in some parts of the city. The Garda Síochána is not happy with the law.

We are not discussing the matter now. Is the Senator seeking a debate on it?

Yes. Many people are most concerned about this issue and it is unfair that people could find themselves in such a situation for the minor offence of driving an untaxed car. Such powers are not right in a democracy.

In regard to the point raised by the previous speaker, would the Leader consider it appropriate in the circumstances to refer to the Minister of Justice the speeches made by Senator O'Toole and me, in which we raised these points when the Bill was passing through the House?

We were told it would never happen.

Exactly. I join in the congratulations to the Minister, Deputy Michael Higgins, and the Irish craftsmen and technicians who took part in the production of the film Braveheart. I do not frequently visit the cinema, but having heard Senator O'Sullivan's eloquent disquisition on the beauty of the Defence Forces in their kilts, perhaps I shall make an exception on this occasion. This country is frequently accused of begrudgery, but yesterday in the Dáil Deputy de Valera of Fianna Fáil very generously congratulated the Minister, Deputy Michael Higgins, on——

I ask the Senator to put a question to the Leader of the House on today's Order of Business.

Does the Leader of the House not find such a non-partisan response in this House on the success of a film with an Irish element a refreshing change?

I join the calls for a discussion on the White Paper on Foreign Policy. The areas which have been indicated, including neutrality, are very important. Some fatuous comments have been made about what we would do if Belgium was attacked. Who is going to attack Belgium? Let us show some common sense.

We are not discussing the document now.

It was invaded before.

Twice in this century.

By the fellows in kilts.

Senator Norris, a question to the Leader of the House.

After a due period in which we can examine the document provision should be made for a serious debate on issues such as human rights. We might follow the example of the Dutch and instruct our ambassadors to monitor the human rights record of the countries to which they are posted. I would welcome such a debate.

Senator Norris's reference to Belgium was extraordinary. Senator Enright is quite right — perhaps a Senator Norris made the same point in 1914 or 1938.

Is the Senator still worried about the Germans?

My old history teacher told me — as I am sure Senator Norris was told — that German nationalism——

Senator Mooney, on today's Order of Business.

I want to go against the trend in relation to the Minister, Deputy Michael Higgins. I endorse the overall comments in relation to the success of Braveheart, but to be brutally frank——

A question to the Leader relevant to today's Order of Business.

It is relevant in the sense that Braveheart is a Scottish film about a Scottish war hero, and if a similar film was made in Scotland about Brian Boru and the Scottish claimed it as theirs, the begrudgery to which Senator Norris referred would rear its head for weeks. I hope Bord Fáilte exploits it for all it is worth and I will enthusiastically support it. I also support Mel Gibson who has never denied his Irishness.

The Senator must put a question on today's Order of Business.

He comes from Senator Belton's area and got his name from St. Mel. He is the fellow in the kilt to whom Senator Norris referred.

Does Senator Mooney have a question relevant to today's Order of Business?

I was not aware he was one of ours.

The Senator does not know his constituents.

Does Senator Mooney have a question for the Leader of the House relevant to today's Order of Business?

I am sure we will read about in The Longford Leader but the Senator must not claim Mel Gibson as a Fine Gael man.

Will the Leader convey to the Minister the serious concern which has been expressed about how, in the light of what happened at the Oscars ceremony, he seems to have snatched defeat from the jaws of victory by changing elements of section 35 and film financing in this year's Finance Bill, which means that the conditions used to attract Braveheart will no longer attract such epics to this country? Will the Minister make a statement, now that he is obviously basking in the reflected glory of the movie's success, on this matter? It is important that he clarify, for those who might now be considering this country as a location for epic movies of the magnitude of Braveheart, if it will be financially attractive for them to come here following the decision to amend section 35 of the Finance Act.

The Senator will have an opportunity to debate that when the Finance Bill is before the House.

The Senator can also ask the Minister about Ballycotton.

Exactly. No more Ballycottons.

When is it hoped to take Committee Stage of the Refugee Bill? I support my colleague, Senator Enright. Unfortunately, there was a great deal of chatter in the Chamber when the Senator raised this extremely serious matter. A woman was left destitute in Leeson Street in Dublin in the middle of night.

Senator Enright has made that point and we will not discuss it again. I take it the Senator is supporting Senator Enright.

I support Senator Enright and I hope something will be done about this matter.

Both Senators voted for this legislation in full knowledge of the facts.

Is the Senator going to sit there and do nothing?

Both sides of the House voted for it.

It is easy for the Senator to sit on the fence.

I echo the congratulations for the success of Braveheart. It was hoped that Bord Fáilte would make the most of the film's success; the Meath tourism organisation has been working on this aspect for the last three or four months.

Will the Senator be making trips to Scotland?

It is no wonder the film won the Oscar.

During the debate in the House this evening, I expect the Minister to confirm that it is the intention of the Government to destroy the cattle that were seized crossing the Border. It is important to show the world that we have a BSE free herd. Over the weekend people were calling for action on this matter. However, we had to wait until a decision was made in Brussels before we could take action and identify ourselves as a country which produces disease free beef. Anybody who says otherwise is only trying to make a political football of a serious issue.

We read in the Sunday newspapers, and it is common knowledge in the Garda Síochána, that there are no prosecutions pending for evasion of tax by people who are involved in either drug dealing or serious criminal activity. It is high time a Minister came to this House to explain why, when there is sufficient legislation to do so, the Revenue Commissioners have not proceded to prosecute anybody for tax evasion. It is a smack in the face for decent, honest people who work every day and pay their fair share of tax to see nothing being done about people who are blatantly flouting the law.

Whoever gave them a tax amnesty was worse.

Senator Kelleher, a question relevant to today's Order of Business.

The Senator was glad to be part of it.

With regard to cattle smuggling over the Border, could the responsible Minister give the House a categorical assurance that every step is being taken to stop it, in view of the fact that British beef has been banned throughout the EU, and that proper Customs procedures are in place to prevent such smuggling and ensure confidence in Irish beef?

The Senator will have an opportunity to discuss that matter this evening.

In view of the important part the Minister for Arts, Culture and the Gaeltacht, Deputy Michael Higgins, played in Braveheart——

He was in the fourth kilt to the left.

——would it not be fitting to bestow an Oscar on him as he is one of the greatest actors we have?

This week I again ask the Leader of the House to hold a debate on health. I have carried out research on this and have discovered that I have been seeking a debate on health matters for eight months now. A White Paper on mental health has been published and there have been many calls for a debate on it. Will the Leader give us a definite date for the debate? The legislation governing mental health is 50 years old and is out of tune with modern psychiatry. We owe it to the psychiatric profession and to those being treated under existing legislation to debate this issue sooner rather than later.

We are not discussing that matter now.

I ask the Leader to provide time for such a debate.

Compliments were paid to those involved in Braveheart which won five Oscars. We should also congratulate an Forsaí Cosanta Áitiúil because this is the first major battle we have won since the time of Brian Boru.

I welcome the debate this evening on BSE which I hope will answer a couple of my questions. I read in the newspapers that 600 gardaí are being sent to the Border to catch smugglers. Only 124 cattle have been infected with BSE since 1989. There is no reason for such checks along the Border because the smugglers seem to have been responsible over the past few years.

We are not discussing that matter now. Have you a question for the Leader?

I am trying to associate myself with some matters. I also want to be associated with the compliments paid to the Minister for Arts, Culture and the Gaeltacht, Deputy M. Higgins, for the film Braveheart. Perhaps the practice of inviting northerners to take part in Seanad proceedings could be extended to Senators who have books which would make good films. Perhaps I will raise that matter at some future date.

I am sure you will find some other way to raise it.

Did the Leader of the House hear the stunningly complacent contribution on RTE radio this morning by the Minister of State, Deputy Rabbitte, when he indicated that the labelling of food products coming into this country was the responsibility of the British authorities, the EU, the Director of Consumer Affairs or anyone other than himself? Will questions be allowed during tonight's debate on BSE because the problem of contaminated ingredients in the food chain is as important as the main issue?

I join with other Senators in suggesting that it would be appropriate to have a discussion about responsibility for criminal earnings, avoidance of tax and criminal abuse of the social welfare system. One way of hitting the drug barons and those involved in the distribution of drugs would be to attack their evident wealth.

A question on today's Order of Business.

We must remind ourselves that Mr. Capone spent time in jail in the United States for fiscal crime.

You are supporting the principle of a debate.

It would be a good idea to have a debate.

Am I in order to congratulate Senator O'Kennedy on his performance on "Questions and Answers" last Monday night?

The Leader can reply on my behalf.

That is not a matter for today's Order of Business.

He was acting in the national interest when he outlined the measures he had taken to ensure Irish beef was safe. However, I condemn the journalist on the programme who tried to introduce a red herring through ignorance.

This matter does not arise on the Order of Business.

Will the Minister for Employment and Enterprise attend the House to discuss the county enterprise partnership boards? There is a view that some of the more peripheral boards may suffer financial loss to the benefit of boards in the more populated areas. This issue must be speedily addressed because the boards are providing jobs in rural and peripheral areas.

The Leader of the Opposition and others congratulated the Minister for Arts, Culture and the Gaeltacht, Deputy Higgins, for his part in making possible the film Braveheart. I will pass on the compliments to him and the complaints regarding section 35 to the Minister for Finance.

Senator O'Toole raised the question of the White Paper on foreign policy. There will be a lengthy debate on this on the first Wednesday after the Easter recess.

Senator Dardis asked about Private Members' business. The Labour Party had a motion for this week. I received word from the Department of Agriculture, Food and Forestry late — the fault was theirs — about this motion which had a time compulsion to it. I was angry about the late arrival of the motion but because it was in the national interest, and to allow for time, I asked the Labour Party to withdraw its motion, which it kindly did. I did this also knowing that Members wish to address this issue this evening and that it is relevant and topical. There was no conspiracy, nor a fear of avoiding a vote.

It is important that the views of the House be heard on the working paper on votes for emigrants. I will shortly advise of the date for a full debate on this. Senator O'Sullivan and Senator Norris raised the issue of kilts.

That was Senator Norris.

The view depends on whether one is sitting or standing.

Senator Norris raised them; Senator O'Sullivan addressed the issue.

Senator Manning without interruption.

Senator Fahey raised two issues of substance. The first was the report by Paul Williams in the Sunday World last weekend, which was a fine piece of journalism but I am not sure if it would be helpful to debate this issue in the context in which it was raised.

The second issue was in respect of the University College Hospital, Galway. The Senator has Adjournment Matters and Private Members' business next week to raise this issue. When these avenues have been exhausted I could perhaps then pursue the matter further.

Senator Sherlock raised the question of the two education Bills. The university legislation will be published next July and the regional education boards legislation will be published shortly. Both Bills will be considered during the autumn session.

Senator O'Kennedy raised the question of controls by Customs. I will refer this to the Minister before he attends the House this evening and advise him that the Senator intends to raise this question. I note the Senator's comments on the precedent regarding intervention in Egypt.

Senator Enright raised the question of abandoned women and Senator Mooney asked about abandoned women in Leeson Street.

The same story.

I am aware that Senator Enright has always been a great guardian of these rights and critical of excesses by bureaucrats. I will convey his views to the Minister on this matter. I must await the collected edition of Senator Norris's speeches before I can refer back to what he said on this.

Senator Mooney asked about changes to section 35 and film financing in this year's Finance Bill. The Refugee Bill will be taken and completed shortly after Easter. Senator Kelleher raised the question of tax but a debate here cannot achieve much on that issue. Senator Finneran has raised the issue of mental health week in and week out; I will try to get it on the agenda in the two weeks after Easter. I note Senator McAughtry's comments. Senator Roche will have an opportunity to speak directly to the Minister of State, Deputy Rabbitte, immediately after the Order of Business. Senator Townsend asked and answered his own question. Senator Calnan asked about enterprise boards; there will be a debate on them next week.

Order of Business agreed to.
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