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Seanad Éireann debate -
Tuesday, 15 Dec 1998

Vol. 157 No. 15

Order of Business.

The Order of Business for today is items 1, 2 and 3. Item 1 will be taken at the conclusion of the Order of Business until 4 p.m., with contributions of Senators not to exceed ten minutes. Item 2, Order for Second Stage and Second Stage, will be taken at 4.30 p.m., with the contributions of spokespersons not to exceed 15 minutes and those of other Senators not to exceed ten minutes. Item 3, Committee Stage, is to be taken at 7 p.m.

We have no difficulty with items 1 and 2 on the Order of Business. However, item 3, Committee Stage of the National Disability Authority Bill, 1998, has 35 amendments. This item is to commence at 7 p.m. and one can assume it will take several hours to complete. I presume there will be a high level of contributions to this Bill because the issue attracts the interest of many Members. We cannot agree the Order of Business unless we get an assurance that, should the Committee Stage not finish at a reasonable hour — which I would regard as 9 p.m. — it will be taken on another day and that there will be no guillotine motion this evening.

I would like a statement from the Minister for Justice, Equality and Law Reform on the problems which arise as a result of early prisoner releases. There were three recent tragic car accidents in which people lost their lives and where those responsible were on early release from prison. When the Minister was in Opposition he devoted much of his time to the issue of early prison release and he promised the public over two and half years ago that, if he were the Minister for Justice, there would be zero tolerance of this problem and that prisoners would serve the last minute of their sentences. However, it appears that early release continues to be a pervasive characteristic of our prison regime, leading to tragedies such as those I outlined.

The Minister for Justice, Equality and Law Reform will be in the House this afternoon but the agenda does not allow this issue to be raised, as I assume Members will be confined to the matter under discussion. However, I ask the Leader to arrange for the Minister to make a statement to the House on what policy he has, if any, on early prison release.

Will the Leader explain his intention in regard to the Order of Business? I understood we would take Committee and Report Stages. I agree with Senator Connor that, if, because of the number of amendments, the debate goes beyond the time provisionally allocated, it should be altered. That is important.

The question of overseas development aid and the Government's relationship with the IMF has been debated a number of times over the past couple of months. There appears to be a change of attitude by the Government. Senator Gallagher made some telling points when the matter was last debated. What is the Government's position on proposed legislation in this area?

Since we last met there have been disturbing developments in the financial area. The Sunday Independent should spend more time investigating this than less important matters. The NTMA appears to have been left out in the cold. When it was established a number of years ago the House engaged in a long debate on the importance of the agency and its role in a variety of areas. The chief executive of the agency has raised serious questions about the relationship between it, the Department of Finance and the Central Bank. The work of the agency may be disturbed by non-co-operation by the Central Bank and it appears to be able to compute figures better than the Department of Finance. For example, it appears that nobody knew about a minor matter of £75 million. This is a cause of worry to those of us who depend on these bodies to get things right.

The agency has not been consulted about the sale of Telecom Éireann and other State assets. When the agency was debated in the House it was envisaged it would play a role in this area and it is not good enough for Ministers to say they are not obliged to consult with it. Will the Leader ask the Minister for Finance to clarify the relationship between the agency, the Department of Finance and the Central Bank? Those of us with an interest in corporate or financial affairs wish to be informed on these matters.

I support Senator Connor's point on the National Disability Authority Bill. There are a number of amendments. It is important legislation and it would be inappropriate to impose a guillotine.

Will the Leader ask the Minister for Health and Children to attend the House to make a statement on the various allegations in the media about the consultant who performed a high number of hysterectomies after caesarean deliveries? It is important to ensure there are proper procedures in all hospitals. This matter has raised huge concern.

Will the Leader also facilitate a debate on homelessness before the recess? The percentage of homeless people has doubled on most local authority housing lists. It is expected that when the next audit is completed in 1999, the rate of homelessness will have trebled in Dublin city. Regardless of what is happening between the NTMA and the Central Bank and missing money, not enough is being allocated to house building and housing for the homeless and the needy.

Given the number of attempted child abductions and the concerns expressed by the gardaí and right thinking members of the community, will the Leader arrange a debate as a matter of urgency? Positive suggestions may be made which will assist the Minister for Justice, Equality and Law Reform and the gardaí in putting those involved behind bars, where they belong. There are a number of paedophiles here from the United Kingdom but we have a number of home grown ones as well. An early debate on this issue would be of benefit.

First, I would like to express the good wishes of my colleagues to the expanded party of the left.

It has not manifested yet.

There is no member of Democratic Left in this House but in the true spirit of partnership someone will make way for one shortly so there can be two representatives.

Is Senator Ross offering?

Second, I endorse what Senator O'Toole said about the conflict between the NTMA and the Department of Finance, something we all find confusing. I find it even more confusing that Senator O'Toole seems to be taking sides against public servants. It is very refreshing that he has seen the light so late in life.

Among public servants.

Third, will the Minister for Health and Children come here to make a statement on the Deloitte & Touche report on the Tallaght hospital. I gather that he intends to do that in the Dáil this afternoon. This hospital appears to have been under-funded and that is a matter of immense public concern. There is public recrimination between the hospital and the Minister which is an unseemly state of affairs. There has also been some unwanted leaking of this report to the disadvantage of Tallaght hospital. Will the Leader ask, at the very least, that the Minister gives us the same treatment he is giving the Dáil on the issue of the Tallaght hospital, and that we are entitled to a one or two hour debate on this issue within the next two days?

Will the Leader bring to the attention of the Minister for Health and Children the story which was published in yesterday's and today's The Irish Times regarding the number of hysterectomies which were carried out in one of our hospitals, the urgent need to review all these procedures and to ensure there is a second opinion in every case? This is a key and important point. A number of women have been informed that the hysterectomies performed after caesarean births may not have been medically necessary. This is a matter of grave concern to the people involved and all members of health boards and public representatives.

Would the Leader arrange a debate on the ethics of medical science, particularly the areas of questionable experimentation. Some media reports published over the weekend read more like science fiction than a reflection on the real world. At the moment there are scientists in several parts of the world taking part in an all out race to produce the first cloned human being and there are seven international companies endeavouring to get control of this area. Significantly, human cloning is illegal in Europe and it is prohibited by federal law in the United States but it is not illegal in every part of the world, for example, the Carribbean. We should take seriously what was said by a scientific adviser to the British Government last week, that the first cloned human being could be created within the next few months. One woman may even have been impregnated with a cloned human being. No matter how small a country we are we should still have a debate on this issue.

The Pioneer Total Abstinence Association is 100 years old but it has been refused a commemorative stamp this year. I ask the Leader and the House for support and a debate on this issue. Over 500,000 people here and over one million people worldwide are members of this association. As I said, this has already been refused by the chief executive officer of An Post. I ask this House to ensure that the chief executive changes his mind and includes the Pioneer Total Abstinence Association on the commemorative list. There was a debate on teenage drinking in this House last week. Today a Garda review document was circulated to Members pointing out that parents are not adequately instructed on how to deal with the problem of teenage drinking. The Pioneer Total Abstinence Association tries to help parents in this regard and it is scandalous that An Post, a semi-State body, has refused to include it in the commemorative list.

I support Senator Farrell. The Pioneer Total Abstinence Association has rendered this State a noble service. Regardless of whether one is a pioneer, one is worthy of commemoration by way of this stamp.

I represent an area where one-third of students drop out of school early. There are no school attendance officers in the county. There are large urban areas of Dublin without this service. I ask the Leader for an urgent debate on truancy and early school leaving as this problem specifically affects the greater urban areas of Dublin. It is reprehensible that there are no school attendance officers working in this area. I urge the Leader to ask the Minister for Education and Science to do something about this problem.

I want to voice my concern regarding taking all Stages of Bills on the one day. It is planned to take all Stages of two Bills this week. This concern has been raised in the past and it is not a satisfactory way to handle matters. There was an instance last week where all Stages of a Bill were to be taken on the same day. The Minister agreed to delay Report Stage until the following day and rethink his views. We should decide not to take all Stages on one day. We should give serious consideration to Committee and Report Stages of Bills and not rush legislation through.

In light of revelations last weekend regarding the number of registered sex offenders from England living in this country, I ask the Leader to request a progress report on the establishment of a sex offender register.

On recent reports regarding the high numbers of caesarean sections and hysterectomy operations, it is important to realise that caesarean sections are proceeded with for the benefit of the mother and child. A long debate on this issue could result in worrying people. A number of investigations are taking place. However, if a caesarean section or hysterectomy operation must take place, time is of the essence. Often there is no time to get a second opinion.

I support Senators who called for a statement on the misuse of caesarean sections and hysterectomy operations. This is currently the subject of debate in the national media. The absence of a statement on the matter could cause panic. If more facts on this issue are made available, it would help to clarify the situation for those people who have been unnecessarily subjected to these operations and it would help to reassure others.

Senator O'Toole mentioned the Bretton Woods Agreement Bill and our proposed contributions to the IMF and debt relief. Will the Leader confirm reports in weekend newspapers that the Government has indefinitely shelved this legislation, mainly due to the intervention of Independent Deputies in the Dáil, and that it will not be introduced during this or the next session?

Item 10, the Protection of Workers (Shops) (No. 2) Bill, 1997, has been on the Order Paper for some time. I received many complaints this year from shop workers who said that Sunday opening has been extended not alone to the start of November, but even into October. Preparation time for Christmas has become longer and the hours these workers are required to work without choice on Sundays has become a greater burden on them and their families. Will the Leader allow time this week to at least debate Second Stage of the Bill?

I support Senator Ó Murchú's call for a debate on human cloning. Will the Leader extend that debate to include the possibility of introducing legislation on in vitro fertilisation? Ireland is the only country in the developed world which does not have such legislation. Since I entered this House I asked the Department of Health and Children to introduce it, but no effort has been made in that regard. People could have surrogate mothers in cottages in the Wicklow hills. Clinics do not even have to be registered and people can do anything they want in this area. Senator Ó Murchú is right to point out the serious situation that pertains. How do we know that cloning could not be developed in Ireland when we do not have legislation in this area?

As Senator Leonard said regarding caesarean sections, it is important that we are careful not to terrify people about them because women have them every day. Will the Leader ask the Minister for Health and Children to come into the House and explain why he will not allow an update of the legislation covering The Medical Council, which the council has requested, particularly that which covers sick doctors as opposed to bad ones? This matter could be very rationally debated in this House.

In response to Senators Connor, O'Toole and Costello, item 3 will start at 7 p.m. As those who have been here for many years know, the last week of any session is always very busy. I suggest that we examine progress on this item at 10.30 p.m. There is a considerable amount of legislation to be dealt with this week and early next week and I want the co-operation of the House.

Senator Connor expressed concerns about early prison releases and I will pass them on to the Minister. Senator O'Toole raised concerns about overseas development aid and the Government's position on it, and I will seek a response from the Minister. Many Senators called for statements on the National Treasury Management Agency and this will be debated at the first available opportunity.

Senators Costello, Glynn, Leonard, O'Dowd, Gallagher and Henry called on the Minister for Health and Children to come into the House to discuss the various points raised. I will be in touch with the Minister immediately after the Order of Business regarding Tallaght Hospital and other health issues. I will see if he will set aside time to have the matter debated before the weekend.

Senators Farrell and Ridge called for an urgent debate on the decision by the chief executive officer of An Post not to allow a stamp to commemorate the 100th anniversary of the Pioneer Total Abstinence Association. This is a disgrace and I will allow time for a debate on Thursday. This organisation has done a great deal of good throughout the country. I was disappointed, to say the least, when this was rejected. Many Members of the Oireachtas are keen that the anniversary should be commemorated. The last Sunday in May is the date on which it is due to be celebrated in Croke Park, which was also the venue for the 50th and 75th anniversary celebrations. I will allocate time next Thursday for a debate on the matter and I will invite the Minister to attend.

Senator Ridge sought an early debate on school attendance and the school leaving age. I will allocate time for that debate. Senator Quinn might not realise that the Whips agreed on the arrangements to deal with this Bill. I agree with his sentiments and I have adhered to them as much as possible within the regulations but the last week of a session is a difficult time not just for the Leader of the House but for the leaders of all groups and the party Whips. The arrangement to deal with the legislation today has been agreed by the Whips and I thank them for their co-operation.

Senator Leonard asked if a list of sex offenders has been published. I will contact the Minister's office and ascertain the position with regard to this serious matter. Senator Gallagher asked for the up-to-date position with regard to the Bretton Woods (Amendment) Bill. I understand it will be before the Seanad in February. I had expected to have it this week but it has been held up in the Dáil. The Senator also expressed concern about item 10 on the Order Paper. I fully agree with his sentiments.

Order of Business agreed to.
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