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Seanad Éireann debate -
Wednesday, 29 Jan 1997

Vol. 149 No. 18

Order of Business.

Today's business is item 1, without debate. It is not very contentious. Item 2 until 6 p.m. and item 1 (a) on the Supplementary Order Paper from 6 p.m. to 8 p.m.

Can the Leader clarify that tonight's Private Members' business will be in the form of having a proposer, a seconder and so on? I thank the Leader for circulating his intended agenda of legislation and debates between now and Easter. I welcome next Wednesday's debate on Northern Ireland. Before the recess I mentioned the recent documents brought forward by the Minister for the Environment on changes in local authorities, particularly budgetary changes. It is important that the House has an opportunity to discuss the role, costings and funding of local authorities before the Minister brings forward legislation to implement these changes.

We should be aware that the convergence criteria for European Monetary Union and associated aspects of monetary union have enormous implications for the future of the State. Tomorrow the social partners will adopt the Partnership 2000 document. It is crucially important that the House debate it in a way in which people will not take the side of a trade union, an employer or the Government. We should look at it openly to try to assess how it will impact on inflation, tax improvements and, in particular, employment and unemployment. It is crucially important that we have an early debate on it. It will be debated in other places so I do not see why this House does not hold the first debate. It is a matter which affects workers, employers, farmers and every aspect of our lives. All the main political issues are there. Will the Leader confirm that there will be a debate on Northern Ireland next week? The situation has hit a new low since the recess and this issue should be dealt with as soon as possible.

I welcome Senator O'Toole back from the fair in Dingle where he appeared to do particularly well as a cattle dealer. He is certainly a tangler of some sort.

What was the price?

I note his anxiety for a debate on Partnership 2000. I support such a debate which would have been important regardless of whether it was adopted. The Leader has been kind enough to circulate a provisional schedule until Easter. I note Northern Ireland is to be debated next week. Will the Leader confirm that such a debate will take place? It is extremely important in the light of what is happening in Northern Ireland that we debate the matter. We are all anxious about the trend of events. It is important that we make statements on that matter.

Although this matter was discussed to some extent before Christmas, I would like to refer to the Buchanan report on those who received funds from Dunnes. If a Member of the Seanad is named, will the Leader consider convening the Committee on Procedure and Privileges to deal with that matter? My party considers it essential that, in view of the time it has taken to deal with this matter, a tribunal of inquiry on the lines of the hepatitis C tribunal would be instituted to deal with it. Perhaps it is something at which the Committee on Procedure and Privileges could look.

On the legislative programme and the provisional schedule circulated, will the Leader indicate when the Credit Union Bill will come before the Seanad and if the Universities Bill will come before an election? When will we take the Fisheries (Commissions) Bill, 1997, which has been passed by the Dáil? It relates to the fisheries board and ensuring that matters are regularised. Will the Leader find time in the next few weeks for statements on agriculture. It would be appropriate to reopen item No. 17 in the light of the extension to more counties of the ban on Irish beef exports to Russia, the banning of live cattle exports to Egypt, the reduction in export refunds and the revaluation of the green pound. From all those points of view, it is important that this matter be discussed.

I support Senator Wright and Senator O'Toole on the matters they raised— local government and the lead up to European Monetary Union. Both debates would be useful. It is intended that local government will be discussed at a future date.

The Children Bill, 1996, published by the Minister for Justice, is extensive legislation and is important in its remit of justice as applied to younger people. I hope that will be on the Order Paper in this session.

When will the Control of Horses Act, 1996, become law? I am not sure it has been signed yet. Most local authorities would like to implement its provisions.

I support Senator O'Toole's suggestion that we have a debate on the macro-economic policies to be pursued over the next number of years. This House could fulfil an effective role in supervising the implementation of European legislation and regulations which will be an important area of responsibility. In light of the review of European expenditure in 1999, would the Minister for Finance explain how he hopes to adhere to long established disciplines when, under his macro-economic policy as directed in the budget, there will be a projected borrowing increase of 1.5 per cent in a period of peak growth and a rise in the national debt of £2.2 billion?

Has the Senator a question for the Leader of the House?

I have. Will the Minister explain to this House, the public and our European partners how, with an increase in debt service charges of £2.5 billion and public expenditure allowed to run wild, he intends or proposes to manage the discipline of European Monetary Union so that, after 1999, all the benefits we have enjoyed in recent times will still be available to the Irish people? It is time this House, in the context of the debate Senator O'Toole asked for, addressed these serious issues having regard to the lack of direction in terms of public expenditure, the growth in the debt ratio and the overall growth in the borrowing requirement of £2.5 billion. The Minister owes this House an explanation as to how he proposes to deal with that.

I thank the Cathaoirleach for allowing my Adjournment matter to be debated this evening. The office of the Minister for Education contacted me and informed me that she has kindly acceded to the request inherent in the motion.

Say thanks again.

The Minister announced that she was allowing Urbleshanny national school to go to tender. The people of the area will naturally be pleased with that. I thank Senator Ann Gallagher and my colleagues in Cavan-Monaghan for bringing it to the notice of the Minister on a regular basis and for——

This is more appropriate to the Adjournment.

——enabling the Minister to make a sensible decision. I formally withdraw the motion in light of the situation which has arisen and apologise for not being able to contact the Cathaoirleach's office soon enough with the information.

I am sure Members will know that the National Economic and Social Forum has published its report, No. 11, dealing with early school leavers and youth unemployment. All in this House who have participated in debates on the subject will know the importance of this document. It offers many insights into the difficulties we face.

Has the Senator a question for the Leader?

Can we have a debate on this report at an early date?

I ask the Leader if he will make time available to discuss the operation of the pub trade, particularly in Dublin, and the licensing laws. There is a growing tendency to automatically grant late licences. Some pubs have permanent fluorescent signs advertising late licences, which is not a good idea. I am asking the Leader to put this on the Order Paper because the noise, public urination, vomiting and rioting is a nuisance for many residents. Young people are continually being fed drink. I saw this at the time of the examinations when people of 13 or 14 years of age were staggering around Parnell Street blind drunk and being served by almost every pub in the neighbourhood.

A question for the Leader.

I am giving reasons because it is a matter of urgency. Two nights ago I took a sleeping pill at 1 o'clock but at 4 o'clock I was woken by the noise in the street outside my house. A young man was being kicked to death on the ground by three other youths. I called the Garda but it was 20 minutes before they arrived. They then dragged them off into Gardiner Place. I brought a shillelagh with me in case the youths had syringes with them. When I asked the gardaí were they not going to arrest them, I was told I might be arrested for possession of an offensive weapon. I pointed out to them that it was every Irishman's right to carry a shillelagh. I had to make a formal complaint as the gardaí were going to leave the man who was injured on the footpath.

There will come a time when people will be publicly murdered in this city as a result of the tolerance of drunkenness and the provision of late licences. When these licences are granted, the least the Garda should do is to ensure that the publican is on the premises. There are too many absentee holders of licences. In view of the growing seriousness of the situation about which many parents and residents are concerned, I ask the Leader for a debate on the licensing laws, particularly in light of the fact that some of these publicans are now seeking an exemption from the anti-discrimination legislation so they can discriminate against groups such as travellers and gay people. They should put their own house in order first.

You should tell Senator Norris his time is up, a Chathaoirligh.

It is interesting to listen to Senator Norris speaking about shillelaghs and absentee landlords.

The Senator will be glad to hear that the shillelagh comes from the Slieve Bloom mountains.

I ask the Leader for a debate on the newspaper industry and, particularly, on the importation of British newspapers. This is a serious problem because the British newspaper industry is extending its market here, particularly on Sundays. There is obviously a widespread policy of dumping their newspapers here and this is putting a lot of pressure on national and provincial newspapers.

We should also have a discussion on the media, particularly after the recent newspaper articles about politicians and their extended families. We are all aware that someone resigned recently from politics.

We are not discussing that matter now.

I accept that, but I am anxious to have a debate on this issue. We are not trying to muzzle the press, but guidelines should be set or a press council established so that this does not happen again.

I would also like an opportunity to discuss the extension of the rural policing scheme. In my area there are still considerable teething difficulties resulting from the rural policing scheme introduced in 1992. Many people are concerned about this extension and we should debate it before it happens in order to encourage consultation at local level and allow the Department of Justice and the Garda Síochána an opportunity to hear the views of elected politicians.

I have asked the Leader a number of times to arrange a debate on local authority funding. I have been a local authority member for a long time and I have never seen such confusion as there is now. We have no channel of communication with the National Roads Authority: it does what it likes and its employees are "the untouchables". Elected local authority members are criticised, and rightly so, but they no longer have any function. Water rates have been abolished——

Senator, are you looking for a debate?

I am but I wish to emphasise that it is urgent, more so than Senator Norris' shillelagh.

There will be a debate on 12 February.

I have consistently asked for this debate for a year. I thought it would have happened before the local authority estimates were agreed and the Leader promised it. Local authorities should be told where they stand— there is no point the Minister making an announcement and spending the money for them. They are in difficulty at present. County managers are unable to hold area road meetings until clarity——

That does not arise on the Order of Business. Please put a question to the Leader.

My question is simple and straightforward and I have asked it many times. Will the Leader ask the Minister of the Environment to come here so that we can put to him the questions which are causing a lot of concern?

I thought for a moment that the Senator was going to object to the abolition of water charges.

It was only an excuse, something was put in its place.

Perhaps he should have mentioned that the only Minister in decades to tackle local authority funding in a rational way is the current Minister, Deputy Howlin.

We will wait and see what happens.

I agree with Senator Enright that a debate is necessary on the Irish newspaper industry and the dumping of British newspapers on this market. However, far more important is the dominance in the indigenous newspaper market of one group whose influence far exceeds the collective influence of Members of this House. This group can target a person, set him up and take him out. That is a most unhealthy state of affairs in any democracy so it is time we debated the ownership of the Irish newspaper industry, which is concentrated unfairly in very few hands —we all know whose hands I am talking about.

Since the Minister is taking a matters on the Adjournment and since she has been so generous to the Cavan-Monaghan constituency, could we have a discussion on the Clontusker school in Roscommon which has awaited replacement for five years? Perhaps Senator Cotter could speak to her because there is no Labour candidate in our area as yet.

If the Senator submits that matter it will be sympathetically considered.

The nurses' strike is due to begin on 10 February. I have raised this matter in the past and I ask the Leader again to request the Minister for Health to intervene to prevent this strike and reach agreement with the nursing unions and organisations. The public should not have to suffer a national strike because there are enough problems in the health service already. It is the wish of this House that every effort be made to reach an agreement with the nurses and prevent a strike which will have to be settled at some point.

A matter which concerns both the Department of Health and the Department of Agriculture, Food and Forestry is the serious demarcation dispute between local authority vets and environmental health officers. Wholesale and retail fresh meat outlets are not being properly monitored and, according to information received today, prosecutions for breach of the guidelines have not been proceeded with because of that dispute. That is a very serious matter in terms of public health, particularly in light of some recent incidents. Will the Leader of the House bring that matter to the attention of the Minister for Health and the Department of Agriculture, Food and Forestry? My understanding is that——

A question to the Leader.

——the health boards have a certain responsibility for inspections but the health authorities, which are the local authorities, exercise their function through local authority veterinarians. I understand that those two groups are not working together which means that public health could be endangered. As I said, prosecutions have not been proceeded with. It is a matter of great public concern which should be resolved. The public should not have to consume food from outlets which are in breach of the regulations.

I support Senator McGowan's call for a debate on local government reform and financing. There is a great deal of public discussion about local government reform and this is the proper House in which to debate such an issue. I also ask the Leader for a debate on waste disposal.

I also support the call for a full debate on local government reform. I have called for such a debate in the past but the need is now more pressing due the recent announcement of the abolition of water rates and so forth, which we all welcome. It is only right and fitting that the Labour Party abolished those rates because it introduced them. Local authority financing is in total disarray with many anomalies; some counties have refuse charges but others, such as Dublin, do not, which is an imbalance. It is time for this House to debate local government reform because, while there are fancy booklets about such reform, no funding has been put in place. It is like a boat without a rudder in the middle of the Atlantic——

The Senator is looking for a debate.

Such a debate is needed now more than ever. Local authorities have been offered more powers under this new document and it is time to debate the issue in this House.

I support Senator Enright's call for a debate on the newspaper industry and I wish to emphasise a politician's right to privacy. I soundly condemn the growing tendency of groups to protest noisily outside Ministers' homes at the weekend, which affects the Minister's family and the entire neighbourhood. My sister lives in the same estimate as the Minister for Health, Deputy Noonan), and her life is interrupted every weekend by noisy protesters. This is unfair.

I also call for a debate on the Structural Funds as the mid-term review of those funds is now under way. This House should debate the future of those funds both pre-1999 and post-1999. Contrary to the comments of Senator O'Kennedy, who seems to think any borrowing is out of the question, many economists believe we should borrow more to provide for our infrastructural needs in 2012.

I support Senator Finneran's call for the Leader to impress on the Minister for Health the desirability of finding a mechanism to restart the talks between the Department and the nursing profession, in order to resolve the strike which is threatened in ten days' time. Apart from those in hospital, thousands of people are on waiting lists for surgery and urgent medical treatment. The Leader is aware of the widespread anxiety and confusion this is causing. There is now a real risk to life. If the Minister cannot intervene the Government should call on the services of the ICTU or an independent body to bring both sides together, as has occurred in previous difficult situations. This is a serious matter.

I support the timely call for a debate on local government reform. The Minister has produced a number of documents and there are a number of ideas to consider, in addition to the changes that have been made to financing.

Will the Leader record my concern at the treatment of Róisín McAliskey? I was horrified to listen yesterday to one of our Members of the European Parliament describe the conditions in which a pregnant young woman is being treated. She is subject to regular strip searches. That can be a traumatic experience for anybody at any time, but it is outrageous for a woman in her state. It goes beyond what any civilised community should find acceptable. Will the Leader use his good offices and the Office of the Tánaiste and Minister for Foreign Affairs to suggest that if Ms McAliskey must be incarcerated pending the production of whatever evidence and her extradition, it would be more appropriate that it should happen closer to her home? The present situation is inhumane in the extreme. I am not aware of the evidence and I do not wish to enter into that debate, but the boundaries of what is acceptable in a civilised society have been transgressed in this case. I am sure colleagues from all sides of the House share my concern on this mater.

I support the call for the Minister for Health to intervene, sooner rather than later, in the nurses' dispute. To discuss the measures to be put in place in the event of a strike is to ignore the crisis facing him.

It has been suggested that the Minister's intervention would establish a precedent throughout the public service. However, if the ICTU was willing to acknowledge that this is an exceptional case, a deal similar to that agreed with the teachers' unions could be effected. This extremely serious matter can be resolved with the support of the ICTU and the Minister's intervention. It will have to resolved sooner rather than later.

Will the Leader arrange for the Minister to make a statement to the House on the serious situation involving the refusal of a number of Dublin hospitals to undertake what are termed "routine smear tests" because of the enormous backlog of tests which have not been decided on by the system of due process? The commitment of the Government is in question if it is decided that such tests can be left in abeyance. There is no such thing as a routine smear test. It is incumbent on the Minister to immediately advise the House on what he intends to do about this matter. The screening of women to prevent cancer cases cannot be ignored.

The list of proposed legislation I circulated is provisional; it is a guideline. There will be considerable extra legislation between now and the end of the session.

The debate this evening takes the usual Private Members' format, with a proposer and seconder. The usual time considerations will apply. I confirm also that the debate on Northern Ireland, which I promised before Christmas, will take place next week. A full debate on the funding of local government will be held on Ash Wednesday, 12 February. I hope there is no coincidence between the date and the topic.

Senator O'Toole and Senator O'Kennedy requested a debate on Partnership 2000. Such a debate would be useful and I will talk to the Senators about it.

Senator Dardis asked if the Seanad Committee on Procedure and Privileges would be involved if a Member of the House is named in the Buchanan report. The answer is yes and the necessary procedures will be put in place if that arises. The Senator also sought an immediate tribunal of inquiry. I remind him that, legally, such a tribunal can only be established on a specific and grievous matter but, until Judge Buchanan reports, we do not know if a specific or grievous matter exists. It would prejudge his report to order a tribunal of inquiry into what may or may not happen. It is reasonable to await his report and if it indicates that a specific or grievous matter requires investigation, there should be a full tribunal of inquiry. A mechanism is in place which is outside the control of the Government and the Houses. I am sure the judge is working as fast as possible and it is only fair to await his report before moving further.

Regarding the Credit Union Bill, the Minister of State, Deputy Rabbitte, is keen to move it as quickly as possible through the other House; it will not be delayed coming before this House. The latest information on the Universities Bill is that I hope it will be completed in the other House in the next two or three weeks. I will not put any impediments on its way to this House. I am looking forward to the debate. It will be magnificent legislation when it has completed its passage through both Houses because there will have been a major parliamentary input. I am looking forward to the discussion and to making some points which could not have been made previously.

The fisheries motion mentioned by Senator Dardis will be taken next week. It was not on the provisional list I circulated because it arrived later. I will talk to the Senator about a debate on agriculture.

Senator O'Sullivan raised the Children Bill; I do not have any information on it. I do not know the commencement date for the Control of Horses Act. However, I will seek those details. Senator Cotter mentioned the NESC report. I will consider a debate on that matter. I would welcome a debate on the issue raised by Senator Norris regarding the organisation of the licensed trade. Serious issues, such as licensing hours, pricing and late night extensions, are worthy of debate and I would be happy to allow Senator Norris have the second half of the debate which he started today.

Senator Enright and others referred to the newspaper industry. I placed the report on the newspaper industry on the Order Paper. This will provide a structure for such a debate and an allied discussion on privacy, journalistic ethics, etc. I would welcome such a debate and I will try to organise it at an early date.

I replied to Senator McGowan's query. Senator Finneran and others raised the nurses dispute. Every possible effort will be made to prevent that strike. I will not say any more than that but I will convey the Senators' concerns to the Minister.

Senator Burke mentioned the funding of local government. Senator Finneran also raised local authority veterinarians and environmental health. A good way to ventilate that matter might be to raise it on the Adjournment. I am sure the Cathaoirleach would be sympathetic, although I cannot pre-empt his decision. Senator Kelly sought a debate on Structural Funds and that should be possible this session.

I agree with Senator Roche that there is cause for concern about the way the individual he mentioned is being treated. From the outside, it strikes me that what is happening is unnecessarily brutal and insensitive. There should be a more humane way of incarcerating a person who is being legally held, as this person is. I will convey those sentiments to the Minister for Foreign Affairs.

Senator McGennis raised the postponing of smear tests. This is an important matter and the most effective way would be to raise it on the Adjournment. I am sure the Cathaoirleach would be sympathetic.

Order of Business agreed to.
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