The Order of Business is item 1, Committee and remaining Stages to be taken today.
Order of Business.
Is it proposed to have a sos between the end of Committee Stage and the start of Report Stage? Could the Leader enlighten me as to whether there will be a White Paper or legislation on mental health?
Colleagues will have seen the report from Naas court in the newspapers today of a clear instance of gazumping, a practice which is sadly becoming increasingly frequent in the building and housing market. They will note the judge stated that the builder may have been legally right but was not morally right. The Fine Gael Party recently introduced a Private Members' Bill to end the practice of gazumping but it was rejected by the Government. Will the Leader convey to the Government the views of all parties in this House that this practice cannot be ignored and must be tackled?
I raised yesterday the question of the shortage of funding for the Free Legal Aid Board which is causing serious delays in its work. I put down a motion on the Order Paper which draws attention to that and I propose an amendment to today's Order of Business: "that item 25 in my own and Senator Connor's names be taken at the end of the Solicitors Bill today". This is an important matter and as the Minister will be in the House we should be in a position to spend a couple of hours discussing a matter of great concern to many people.
Mr. Ryan
I agree with Senator Manning. The Order of Business is short so it would be worthwhile to discuss an issue as critical as the absence of legal aid.
There are still two building workers in jail. The stench of illegality and less than happy practice in the building industry is beginning to be detected. Belated promises of voluntary codes of practice are hard to take when decency seems to have gone out the window. People are in jail and young couples are being gazumped. It is time the building industry realised that it operates in a civilised society.
I second Senator Manning's proposal to amend the Order of Business. Much concern has been expressed in the media at the unacceptable delays in the free legal aid service.
I support the remarks made by Senator Ryan this morning and yesterday on the question of building workers. This matter was also aired on the Pat Kenny radio show today. I raise this matter under item 8 on the Order Paper, the Protection of Workers (Shops) (No. 2) Bill, 1997.
I understand this matter will be before the courts this morning. In those circumstances I request Senators not to pursue it as I would not wish the House to impinge on a matter which is within the ambit of the courts. Senator Ryan spoke in general terms about the building industry and I do not wish to have a discussion on a particular matter.
I assure you, a Chathaoirligh, that I too will speak in general terms about the regulation, or should I say the non-regulation, of the building industry. For years the trade union movement has been demanding that the building industry put its house in order. That has not happened. A case was heard in the courts yesterday of a person who put a deposit on a house only to have it sold to another bidder. I raise the question of gazumping and of re-zoning. People buy agricultural land and subsequently make a vast profit because of the lack of regulation. The lack of health and safety standards has led to an enormous increase in the number of fatal accidents in the building industry. Workers are now being forced to work under a contractor's unfair terms. Arising from this practice a court injunction has been granted and two people are in jail. It is important that we address the lack of proper regulations in the building industry and that the Government has a responsibility to regulate the industry, if it cannot be done on a voluntary basis. Controls must be put in place so that those who wish to can extricate themselves from the black economy.
Senator Hayes was unavoidably absent at the commencement of yesterday's sitting and he wishes to join in the tributes which were paid to the Nobel Peace Prize winners.
I am grateful to you Sir, and to my colleagues for allowing me this privilege. I was indeed late coming into the House yesterday. It is ironic, in view of the debate we had afterwards that I was delayed partly by Dublin traffic which does not yet qualify as an act of God, although it must be very near it.
I join other Members in congratulating Mr. John Hume and Mr. David Trimble on receiving the Nobel Peace Prize. The award is hugely symbolic and the Nobel committee did the right thing. The prize could have been awarded to one or to many. It is better seen as an award to those who contributed to the peace process at all levels. I was glad to hear my friend and former colleague, Senator Gordon Wilson, mentioned here yesterday. Many people have laboured in that vineyard and recognition to a couple of them means the rest have been recognised. The efforts of Mr. Gerry Adams, Senator Mitchell, the Taoiseach, the Prime Minister, former Taoisigh and former Ministers for Foreign Affairs should not go unnoticed. All these have contributed in their different ways but there was a rightness and a symmetry in this double award because if it takes two to make a fight it equally takes two to make it up. The British-Irish Agreement represented a coming together of the traditions in Northern Ireland. The agreement was one between nationalism and unionism to share the area, to draw a line under the past and to face towards the future.
Mr. Hume is one of the great figures in Irish history and politics. He is a parliamentarian in the O'Connell mould and tradition. More than anyone he has been consistent in his cry for peace and his adherence to the principles of non-violence. Most of the seminal ideas in the agreement came from him. Mr. Trimble has shown enormous courage and growing stature over the last months. The best summation was made by Senator George Mitchell, a strong contender for the prize himself, when he said that without John Hume there would not have been a peace process and without David Trimbe there would not have been a peace agreement.
The award has been given not only to recognise past deeds, but to encourage people in the future. I am sure it will do that. It will encourage people to meet the difficulties that exist and which will arise in the future, but which the spirit of the Nobel Prize will help to overcome. For that reason, I welcome the prize. I congratulate those who received it both in their personal capacities and for what they represent as standard bearers for all others who were participants in the process. I, too, hope it brings about the reconciliation for which we all hope.
I read with interest this morning of a decision taken yesterday at a meeting of the main party opposite regarding regionalisation. In view of that, I invite the Leader to make a statement on where the most peripheral areas stand. In particular what will be the position of the county furthest away and least well served by road networks in terms of Objective One status? I refer to the good county of Kerry.
I, too, would welcome a debate on housing and development. Everyone knows a booking deposit means nothing. Solicitors must inform their clients that a booking deposit has no legal status. Contracts should be signed by the purchaser and seller before a property goes on the market.
I would also welcome a debate on the national lottery. Since the price of playing the lotto has increased, the prize has tended to roll over from week to week. When I was a gasúr going to fairs, I was always warned that I could never win from a trick-of-the-loop man. The national lottery could be regarded as a trick-of-the-loop business. It promised to pay out £1 million in prizes each week. Of course it did.
The House has no control over this matter and cannot debate it now. The Senator should have sought a debate on the matter.
I have sought a debate on the matter because it is important. When the main prize is not won the money should be divided among the match five and match four winners. The current situation is scandalous and it is time it was taken from behind the smoke screen and aired in public.
I was not here yesterday but I do not expect the same indulgence from the House as was afforded to Senator Hayes. I wish to be associated with the remarks he made, or at least with most of them. I congratulate both parties. The House should also recognise the role of the former Taoiseach, Deputy Albert Reynolds, in the process. There are many others who might have won the peace prize. The role of Deputy Reynolds has not been recognised and I say that as someone who was critical of much of what he did as Taoiseach.
I worry when Senators Ryan, Manning, Costello and I agree on a matter. The Butler case mentioned by Senator Manning is a serious matter for the building industry, but more so for young couples. I cannot understand what a booking deposit is for, if it does not book a house at a certain price. This seems utterly immoral. I do not want the Leader to reply by saying the Government has referred the matter to the Law Reform Commission. Everyone knows the Law Reform Commission is a wonderful hole in which to bury problems such as this. In this time of economic boom some people are losing out and the Butlers are among thousands of others.
What is needed is legislation. In saying the practice is immoral, but that he could not do anything about it, the judge in the case was saying in effect that we need legislation. It is a simple matter and, if the Leader wishes, I will draft the legislation for him in 20 minutes. Let us not hear about the Law Reform Commission, rather let us hear of urgent action on the issue.
Senator Manning sought a sos between the Committee and remaining stages of the Bill. I suggest a 30 minute break. The Senator has also proposed that the House take item 25 today. I had no prior notice of this proposal, although I agree with his sentiments. I ask him to accept a postponement of the matter until the week after next and I will include it in the business for that week. The Whips can discuss the arrangements.
Senators Manning, Ryan, Costello, Farrell and Ross sought a debate involving the Minister for the Environment and Local Government on regulating the building industry, particularly with regard to house purchasing, gazumping, health and safety, employment conditions and, I would add, training incentives in the industry. I will contact the Minister this morning to seek a debate on those matters the week after next.
Senator Coghlan sought, as always, the best possible deal for County Kerry. I will pass on his views but, as he knows, the matter is being discussed at a high level and when I have an indication of progress on the discussions I will inform the House.
I thought a decision was made yesterday.
Senator Farrell sought an urgent debate on the lottery. I will make time available in the next few weeks for such a debate. The lottery has been an outstanding success and many voluntary organisations and communities have received contributions from it which have made projects possible. I will arrange time to discuss the lottery.
Senator Manning proposed an amendment to the Order of Business. Is the amendment being pressed?
If, as I understand it, I have a firm commitment that the item will be taken during the next sitting week, I will not press the amendment.
I give that commitment. Furthermore, the drafting of the new mental health Bill, with the assistance of the Office of the Attorney General, is at an advanced stage of preparation. It will replace the Mental Treatment Act, 1945, and amending legislation. The Minister for Health and Children hopes to be in a position to publish the Bill before the end the year.
Amendment, by leave, withdrawn.
Order of Business agreed to.