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Seanad Éireann debate -
Friday, 12 Jun 1998

Vol. 155 No. 23

Order of Business.

Today's Order of Business is item 1, Second Stage. Contributions of spokespersons are not to exceed 20 minutes and those of other Senators are not to exceed ten minutes. Senators may share time.

The Order of Business is agreed.

When is it proposed to take the Solicitors (Amendment) Bill, 1998, which is on the Order Paper?

I remind the Leader that we are coming to the end of the session and that there is outstanding business. The Leader recently said that Fianna Fáil would introduce the Shannon River Council Bill. For a man who is so open and direct he is being coy about when that will happen. We would like to be given a time for it. This is not an attempt to embarrass the Leader but an effort to make some progress.

Many Deputies and Senators have contacted me in the last week about the extraordinary crisis now hitting primary schools. Schools in every county are losing teachers and there is no agreement on staffing. There is a shortage of teachers and Members will be getting representations from parents, boards of management and teachers over the next six months. The Minister for Education and Science should explain himself. He is hiding behind the leaving certificate and junior certificate but he should look at the Realpolitik of education.

I compliment the Leader on the fact that four of the five Bills in the Dáil next week are Seanad Bills. That is a tribute to his work. However, although we have dealt with a huge number of Bills this week, it is crucial that issues such as education are not left aside. I have raised the matter of industrial relations every week with the Leader, who says every week that we will have a debate on it. There is much talk about the problems with the Garda, the likelihood of a new national programme and the representation of Ryanair workers. On 22 June the report of the committee dealing with the recognition of unions in Ryanair will be produced. These are reasons why this House should be informed of these issues. The Leader should indicate after the Order of Business when these matters may be dealt with. Perhaps he can explain why no business is listed for one day in our work schedule for this month. I hope the House not meeting on that day has nothing to do with the fact the Fianna Fáil Party is heading to a soirée in Cavan that day.

An Leas-Chathaoirleach

The Senator is straying from the Order of Business.

The world is bigger than the Fianna Fáil Party, important as it is.

It is not much bigger.

I also congratulate the Leader on his diligence in bringing forward so much legislation. I am sure he is determined to ensure the House passes as much legislation as possible before the end of the session. This has been a very busy session and he has kept us on our toes.

I am aware of the constraints on our time between now and the end of the session. However, will the Leader ask the Minister of State, Deputy Cullen, to address the House on the operation of the Freedom of Information Act? There already appears to be some difficulty with its interpretation in the Civil Service. I am sure the Leader will agree it is extremely important to ensure the spirit and wording of the legislation are adhered to from the beginning, especially given that it will include local authorities in the autumn.

Will the Leader ask the Minister for Enterprise, Trade and Employment if she plans to intervene in the very serious situation regarding the Insurance Ombudsman? There seems to be a total breakdown in communications between the current Ombudsman and the industry with which she is trying to work on behalf of the consumer. It is necessary for the Minister to intervene in that situation to ensure that if the Ombudsman resigns her successor will not face a similarly almost impossible situation.

I join in Senator O'Toole's concern about the position of the Shannon River Council Bill, which I also attempted to sponsor and have the House debate so that it could be placed on the Statute Book.

The flood gates are opening.

I also compliment the Leader on his ability to have so many Bills initiated in this House. I have not seen so many Bills initiated here since I first became a Member in the late 1980s.

Will the Leader arrange for a debate in the near future on the quality of water in our rivers and lakes? In the past few days it has been shown that a 5,000 acre lake and five miles of river were polluted in County Roscommon, with a loss of over 4,000 fish. I do not have to explain to the House what a major setback that is to our tourism industry. This will happen again if we do not adopt more educated practices in regard to industry, farming and the disposal of waste. Given that a decision has been taken on rural renewal and tourism in that region, this is an opportune time to debate the quality of water in our lakes and rivers in that region and nationally. This problem is not confined to County Roscommon or the west but should be addressed on a national basis. Members could make very positive contributions to such a debate.

Will the Leader bring to the attention of the Tánaiste and Minister for Enterprise, Trade and Employment the great concern of the people of Drogheda about the demolition this week of a building containing brown asbestos? The people of Drogheda welcome greatly the immediate action of the Health and Safety Authority which is under her jurisdiction. However, they want an immediate Garda investigation into all aspects of this demolition and for the files to be referred immediately to the Director of Public Prosecutions to see if a prosecution should be taken. People's health must be paramount in all activities relating to asbestos and all rules and regulations laid down by the Health and Safety Authority must be adhered to by contractors.

Our environment is of great concern to everyone. The enforcement authority of the Health and Safety Acts must be changed. The fine on summary conviction in the District Court of £1,500 is paltry in comparison to the actions that are carried out. The two year prison sentence on conviction in the Circuit Court——

An Leas-Chathaoirleach

We cannot debate that matter now.

I appreciate your leniency. The fine on conviction should be at least £100,000. The health of our people comes first and cannot be disregarded by anyone in this State.

I wish to bring to the attention of the Minister for Enterprise, Trade and Employment that, according to the recently launched IDA annual report, only 4 per cent of new jobs created were in the north east and north west regions. I would like to hear the Minister's opinion on this because there must be a more equal distribution of direct investment to ensure a level industrial playing field throughout the country.

It is refreshing to see you, Sir, in the elevated position to which you are naturally drawn.

The Senator must be about to make a speech.

I have raised over the past 18 months the serious situation in the insurance industry. I discussed this matter with my colleague, Senator Henry, some months ago when I intended to raise it on the Order of Business and as a matter on the Adjournment. As she has a friendship with some of the people involved she asked me if she could raise it, which she did very effectively.

The situation is much more serious this morning. The Insurance Ombudsman spoke on the radio this morning and made very serious charges that there was interference and a refusal to dispense moneys she needed. This is very close to corruption and must be investigated. At the very least, this House must have a full debate in Government time on this most serious matter. None of the members of the board or council accepted any invitation to appear in public but have taken to the hills. They are obviously ashamed or find their position indefensible. There was, however, a person from the Irish Insurance Federation on the radio who spoke almost entirely about the value to the industry of this office. In other words, it is seen from inside the insurance industry as merely a public relations exercise and not as something of value to the consumer.

An Leas-Chathaoirleach

We cannot have a full debate on the Order of Business.

I formally propose an amendment to the Order of Business. I move: "That item 14, motion 20, be taken at the start of Business." This motion was tabled by myself and the other Independent Senators. I am not doing this to be obstructive but because I believe we should have such a debate.

When we used a similar tactic yesterday the Leader suggested time might be made available from the Independents' Private Members' time and, generously, from Fianna Fáil's time in the subsequent week. However, this is such a serious matter it should not be taken in Private Members' time but as a main item. I understand the Leader's technical difficulties because he indicated it is impossible to assess how long any Bill will take. However, that is easily avoided if this debate is taken as the first item in the morning and a time limit is set. Such a debate must take place.

I have also raised on many occasions the question of access by Members of this House to their offices. Like other Members, I received a courteous circular from the Superintendent this morning informing me that responsibility for the entire complex is handed over to the Army at 10 p.m. on Friday evenings and that no personnel or cars are to be on the premises after that time. I cannot think of a safer place to park a car over the weekend than in a complex secured and guarded by the Army. However, cleaning staff, television personnel, electricians, interior decorators and others are allowed access to the complex on Saturday mornings. Are these people of greater consequence to the State than elected Members of the Oireachtas? I demand the same access to my office that is granted to members of every other European parliament.

I join Senator Finneran in congratulating the Leader for bringing forward so much legislation in recent months. The busy schedule of the House has been hard on everyone. However, as the session draws to a close, we can take heart from the work we have completed.

I thank the Leader for the courtesy he extended to Members during this busy session. We are glad to oblige him in respect of his workload and the schedule of business.

I support Senator Norris' strong argument in respect of the Office of the Insurance Ombudsman and the recent difficulties which have become apparent. If these matters can be discussed on the national airwaves, both Houses should have the opportunity to debate them. I second the Senator's motion. We should be placed in a position to shed some light, during a debate with the Minister, on recent allegations about a matter which has become more serious than at first thought. I urge the Cathaoirleach to ensure that a response is made to Senator Norris' reasonable request.

If nothing else, this House must be responsive to issues of public interest. The relevance of the Seanad is sometimes questioned because people do not understand its role. On occasion we must respond to immediate and important issues. This is an occasion on which we can show ourselves to be absolutely relevant by means of a debate to elucidate issues which have been discussed on the national airwaves.

I congratulate the women in America who received a settlement of $30 million in respect of their sexual harassment claim.

An Leas-Chathaoirleach

That matter is not relevant to the Order of Business.

The next matter I intend to raise is relevant to the Order of Business and the Leas-Chathaoirleach might refrain from trying to bully me into sitting down when he hears what I have to say. Will the Leader arrange a debate, perhaps during the next session, to address sexual harassment and bullying in the workplace?

Down with bullies.

These problems are widespread at all levels of business in this country and they must be addressed. The high profile case taken in the United States proves that point. I thank the Leas-Chathaoirleach for his courtesy.

I support Senator Norris' comments on the Superintendent's somewhat inflexible approach in respect of Members' freedom to use their offices at weekends. It is also unhelpful that the gates of the complex remain closed until 9 a.m., given that we live in an era of seven day trading. Senators, particularly those based in Dublin, should be able to gain access to their offices before 9 a.m. and there should also be a facility to allow weekend access if necessary. We are the representatives of the people and we would be better able to serve them if we were granted such access.

I support Senator Finneran's request for a debate on pollution of rivers and lakes. It is appalling that valuable rivers and lakes are polluted on an annual basis by local authorities, factories, farmers, etc. If possible, this problem should be stamped out.

Will the Leader arrange a debate on the valuable aquaculture and mariculture industries with the Minister for the Marine and Natural Resources? There are no quotas attached to these industries which give rise to many value added exports.

I compliment the Minister for Defence, Deputy Michael Smith, for the positive and firm stance he took in respect of Army hearing impairment claims which has saved the Exchequer hundreds of millions of pounds. The Minister has been proven right by decisions taken in the High Court and he should be congratulated.

I drove through Lombard Street this morning where a queue of at least 100 people had formed outside Joyce House, which houses the Office of the Registrar of Births, Marriages and Deaths. Will the Leader bring this problem to the attention of the Minister for Health and Children? The opening hours of that office are outrageous and they are not consumer-friendly. People avoid having to queue up by paying others to do so, which is also outrageous. Action must be taken to resolve this problem.

Will the Leader make time available in the immediate future for a debate on the economy? I am loath to request additional debates and one of the Bills coming before the House in the next number of weeks may provide an opportunity to discuss this issue. However, figures released last night in respect of inflation suggest that if we do not stiffen our resolve to control this immediately, we may face difficulties in trying to sustain recent economic benefits. I urge the Leader to arrange a debate on this matter in the near future.

I support Senator Norris' call for a change to the Order of Business. The word "Ombudsman" has been given great status as a result of the efforts of Michael Mills, the original holder of that office. Recent events involving the Insurance Ombudsman show that the independence of her office has been eroded. Lack of financial independence in such an institution means that it is not truly independent. Having had such confidence in the word "Ombudsman" following the work of Michael Mills, the general public may not realise that it has become something of a misnomer.

Senator Connor inquired about the Solicitors Bill. I must inform him that it has been published and will be initiated in the Seanad. I am doing everything in my power to ensure that Second Stage at least will be taken during this session, if possible.

I appreciate the kind remarks made by Senators O'Toole, O'Meara, Finneran, Ormonde, Avril Doyle and I thank Members for their co-operation in respect of the raft of legislation with which the House has dealt during this busy session. As Members will be aware, this is the fourth Friday in a row on which the House has sat. I am glad we have been given the opportunity by the Government to deal with so much legislation and I hope that will continue for the duration of the current Dáil. I will do everything in my power to ensure it does.

Earlier in the week I replied to queries from Senators O'Toole and O'Meara about the Shannon River Council Bill. I will endeavour to update the House on the progress of the pilot scheme before the end of session. I am aware that the Senators are concerned about the progress of the Bill and, given that it was originally drafted by Fianna Fáil, I have a vested interest in ensuring that it comes before the House as soon as possible.

As stated on previous occasions, I will try to arrange a debate on industrial relations. Senators Costello, Finneran and others called for an urgent debate on this matter in recent weeks and I will see what can be done at the Whips meeting on Tuesday to make time available.

Senator O'Toole raised his serious concerns about teaching levels in primary schools. All Members share his concern and I will contact the Minister for Education and Science to pass on our views on this issue, including those of the Senator. I will come back to the Senator with a progress report and information on this.

Senator O'Meara had a query on the Freedom of Information Act, 1997; I will come back to her on that. She also highlighted her serious concerns about the insurance industry as did Senators Norris, Avril Doyle and Henry. If it is possible, we will try to set time aside for statements on this serious issue next Wednesday or Thursday, if Senator Norris is agreeable. I will discuss with the Minister how her diary is fixed.

Can we have an interactive discussion with the Minister?

An Leas-Chathaoirleach

Senator Cassidy without interruption, please.

Senators Doyle and O'Donovan raised concerns about the quality of freshwater lakes and rivers. I agree with Senator Finneran that the experience in County Roscommon this week is extremely regrettable. In the hidden part of Ireland fishing is one of our tourist attractions. If I cannot set time aside, I will offer Fianna Fáil Private Members' time to discuss this issue before the end of this session.

Senator O'Dowd had serious concerns about health and safety arising from an incident in his constituency. This matter should be taken on the Adjournment and the Senator may be able to avail of that facility next week as we will be sitting four days. Senator Leonard, a new, young Senator, is very interested in employment in her constituency and in the north east. For a long time I said the 12 Border counties were experiencing difficulties but, hopefully, as a result of the British-Irish Agreement, that will change.

Finance is in place from European, American, and cross-Border funds and many people were excited and keyed up by the visits of American businessmen to various towns along the Border this week. However, Monaghan, Cavan and Louth people are concerned that these people have not visited their areas. I know I have the full backing of the House when I say it is long overdue that the Border counties get their fair share of investment and benefit from the Celtic tiger. The British-Irish Agreement and the endorsement by the people of Ireland in the referendum, North and South, will make this possible. I share the Senator's view.

Senator Norris called for the extension of office opening hours at weekends. I fully agree with him, but this is a matter for the Seanad Committee on Procedure and Privileges. The Leas-Chathaoirleach is a member, as am I, and we will put this on agenda of the next meeting of the Committee on Procedure and Privileges. I recommend that this be looked at. We are sitting four days a week and need time to work in our offices. We often work until 11 or 12 o'clock at night preparing scripts or making representations to Ministers on behalf of constituents. There are only so many hours in the day that one can work and in the modern age it is time we moved along. I fully support the call to have offices opened to Members on Saturdays. This facility is urgently needed. Until now, Parliament only sat two or three days each week, but that is not the case anymore. I will try to speed up the Senator's request at the next Committee on Procedure and Privileges meeting.

Senator Cox called for a debate on sexual harassment during the next session. I acknowledge that call and look forward to her leading the debate. Senator O'Donovan asked for the Minister for the Environment and Local Government to come to the House for a debate on agriculture and mariculture. As the Senator will be aware, new legislation was introduced this week in regard to shellfish and the fishing industry in general. I will see what I can do to facilitate the Senator.

Senator Quinn expressed concern at passing the Lombard Street office building this morning. It is next door to my office and I know what the Senator is talking about. Public service offices should move with the times, as we, in Parliament, will have to, and open at 7 a.m. if requested before people go to their workplaces at 8 a.m. New thinking is needed in terms of being customer friendly. If anyone has given a lead in regard to being customer friendly it is Senator Quinn through his work down the years.

An Leas-Chathaoirleach

Senator Norris moved an amendment to the Order of Business. Is it being pressed?

I withdraw it in light of the Leader's undertaking. Will he also consider Senator Doyle's request that perhaps, in addition to statements, there might be an opportunity for discussion between the Minister and the Members, as has happened in the past?

Amendment, by leave, withdrawn.
Order of Business agreed to.
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