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Seanad Éireann debate -
Wednesday, 28 Apr 1999

Vol. 159 No. 3

Order of Business.

Today's Order of Business is No. 1 and No. 27, motion 31. On No. 1, Minerals Development Bill, 1999, Second Stage, the contri butions of spokespersons shall not exceed 20 minutes and those of other Senators shall not to exceed 15 minutes. Senators may share time. No. 27, motion 31, will be taken from 6 p.m. to 8 p.m. Business will resume thereafter, if not previously concluded.

The Order of Business is agreeable. I express satisfaction that the Government has righted a great wrong done to Superintendent Geary. Everyone will be pleased that a wrong done a long time ago has at last been put right and that it is possible for the State to say it was wrong, it is sorry and is in a position to put matters to right. The way in which Superintendent Geary fought during many years to have his name cleared is a marvellous story. At the end of the day he bears no bitterness towards those whom he believes did him wrong.

What finally changed the balance in his favour was the publicity he got in the newspapers, especially in The Irish Times which pioneered this story through Margaret Ward, and in this House, rather than in the other House, where a number of Senators took a keen personal interest in the story. The pressure was maintained and at the end of the day the right decision was taken. We can all take pride and satisfaction that the right thing was done, however belatedly, and wish Superintendent Geary many years in which to enjoy his pension.

Does the Leader propose when taking statements tomorrow on the Philip Sheedy case to make time available for a question and answer session with the Minister as has been done on previous occasions?

I wish to raise two issues in the programme for Government on which little progress has been made. I have raised one issue previously with the Leader – the commitment to mandatory reporting. This is the only protection for adults and children and it is the only fair way of achieving it. If this has been consigned to a committee, a committee which is likely to move in an opposite direction, it is unacceptable that there should be any further delay. Children are at risk and we should not wait to deal with these issues until there is a high profile case and everybody goes to the airwaves. This is a problem that needs to be dealt with. We have a commitment from the Government and it should not be dissuaded from it by officials or professionals. There is a clear commitment and it should be implemented. The appropriate Minister should be present in the House to discuss this matter and to hear the views of all parties and the Independents.

Unfortunately, a similar issue, the Shannon River Council Bill, is not included in the pro gramme for Government but it has the support of the Government parties. This has been under consideration for two years and it has been passed back and forth. The legislation is much needed. I recently met people from the Kilrush area who feel the development of tourism there is being delayed by the lack of implementation of plans for the Shannon River area, particularly from the Limerick direction.

I hope the Minister is listening because this issue needs to be addressed. The Minister should bring forward what was stated policy and give certainty to politics. If we believe in matters before the election, we should still believe in them after it. Many people are depending on the Bill and I urge the Leader to give a commitment to reintroduce it.

I ask the Leader to contact the Minister for the Environment and Local Government and ask him when he intends to introduce the long promised Bill to ensure that builders return to clean up estates which they left before work was completed. The Minister made this promise over 18 months ago and nothing has happened. The Bill is not included in the list of promised legislation.

I draw the House's attention to the disparity in sentencing which appears to apply to nationals and non-nationals in drug cases. This matter is relevant to some of the discussions which took place recently in relation to the Judiciary. A person who was in possession of £320 worth of heroin in an inner city disadvantaged flat complex received a sentence of six years while a person from another country who imported £5 million worth of drugs received a five year sentence. Much needs to be examined in this area. There appears to be considerable disparity in the way the courts treat nationals and non-nationals in relation to drugs offences.

I compliment RTE on the programme it showed last night which is part of a series on certain State institutions. I ask the Leader to arrange a debate on reformatories, industrial schools, orphanages and the Magdalen laundries. In the past the State consigned many unwanted people in society to certain places and effectively threw away the key. It is time this matter was discussed. I asked previously, but did not receive a proper response, when the Minister for Education and Science will make available the files in his Department to the National Archives for bona fide research into the operation of the relevant institutions under the remit of the Department. The Minister for Education and Science should be present when the debate takes place and it is important that the issue receives a thorough airing in the House. In most cases the religious have already apologised, but the State has not apologised. We should hear the State's side of the case.

I am in favour of mandatory reporting and I am convinced that the Government will fulfil its promise in the programme for Government on that issue. The RTE documentary, "States of Fear", which was shown last night, is the latest reminder of the damage that has been done to so many lives. We recognise the pain and suffering endured by so many people over the years. These people should receive a more formal response to help them come forward in confidence so their lives can be rebuilt and they know there is a better way for them. I ask the relevant Minister to consider establishing a forum where people can come forward and be assured of help in the future.

I also wish to raise the programme "States of Fear", the first in a three part documentary series produced by Mary Raftery. Listening to the response of the public today on radio programmes, it is obvious it expects us to debate this issue when the files are available to us. We cannot turn over the page and pretend it has not happened. It is in the public domain and we are expected to lead. I hope, when the files are open, we will be able to debate the State's involvement and encourage religious orders to come forward to apologise, as has been done in other countries. This issue needs to be discussed and debated because we have ignored issues of such magnitude for too long. I join with other Senators in calling for an immediate debate before another crisis emerges and pushes this out of the public arena.

I support the call for a debate on these child care issues. There are many people who have been hurt and who need help and it is important that there is a healthy public debate on these matters.

I ask the Leader to convey to the Minister for Public Enterprise the great disappointment of many people in Northern Ireland who are unable to register for the Telecom Éireann flotation on the same terms as residents of the State. Regardless of the constitutional niceties, it seems to run against the spirit of the Good Friday Agreement and other trends. It seems strange that I can carry an Irish passport and be a Member of this House, but I cannot register for the Telecom Éireann flotation. It would be appreciated if, even at this late stage, some consideration could be given to allowing people from Northern Ireland to apply and register on the same basis as other residents of the island.

I join my colleagues in calling for a debate on the issue of child care. However, their focus has been far too restricted. Given what has been said in the House, one would think this matter concerns only the Christian Brothers and the Sisters of Mercy. I went to an upmarket Protestant boarding school in this State and nothing I have seen or heard on television is strange to me. I am aware of lives ruined in these institutions by depraved and sadistic masters bullying, beating and handing out corporal punishments. I know of people who are still damaged. Let us not think it was only the Roman Catholic working class which was mistreated by orders of nuns and priests. It was an entire ethos.

I welcome an investigation into the kind of school I attended as a boarder – not the day school. I could supply a list of people who were severely damaged by that school. I feel a responsibility as a member of the Church of Ireland to say that this is not only a Catholic phenomenon. Plenty of good work was done by some teachers in my school. Plenty of good work was also done by some orders of nuns. Let us consider this issue in its full context.

While on the matter of religious issues, it is about time we had a debate on Northern Ireland. I was horrified to learn that a senior member of the Unionist Party is on the point of being expelled from the Orange Order for attending a mass for victims of the Omagh tragedy. What is the Church of Ireland Primate doing that he is not in Drumcree giving a sermon on the New Testament? When Jesus Christ was reproved by his disciples for not travelling through Samaria because the Samaritans did not want him there, he replied that that was not the way to approach it and that one should not offend people, rather one should travel quietly through another district. Let us have such a Christian sermon from the leader of the Church or let him expel the Orange Order from the Church in the way it is expelling its members for attending another Christian service.

My colleague Senator O'Toole is in a rebuking mode. He has rebuked the Taoiseach with regard to promises given in the Programme for Government. I would add to his list the Partnership for Peace. Let us have an update on the Partnership for Peace because we were given a cast iron guarantee that there would be a referendum on it. Look where NATO is now dragging Europe. Let that commitment be honoured.

A debate is taking place in the media regarding the difference in services and money allocated to the different health boards, particularly the Southern Health Board, and the difference between allocations to voluntary and private hospitals. Will the Minister for Health and Children come to this House to explain the policy in relation to health boards? The extension of the Eastern Health Board, and the demeaning of the Southern Health Board, is causing much concern.

I support Senator Norris. He has taken a consistently courageous position in relation to the members of his church and their relationship with the Orange Order. I do not believe this issue should be continually swept under the carpet. This House, among others, should be the forum for insisting that there is the widest possible publicity for a decision motivated by people who are still living in the Middle Ages when religious wars were the norm across Europe. It is outrageous that two people who took such a compassionate stance in attending a religious service following the murder of small children should face sanction from what is obviously a sectarian organisation.

Yesterday I listened in amazement to the managing director of Ulster Television who made a presentation to the Oireachtas Committee on Heritage and the Irish Language. He said the greatest volume of complaints in Northern Ireland resulted when UTV decided to use the map of the island of Ireland for their weather forecast as distinct from the Six County portion. The second greatest volume of complaints from viewers came when they made the decision to broadcast the Ulster Gaelic Football Championship. I am not surprised at what is happening within the Orange Order. However, these issues need to be highlighted.

My main reason for rising is to ask the Leader to convey the sense of anger felt by many groups, voluntary and otherwise, throughout the country who, out a sense and helplessness and frustration, are organising fundraising events to send money to the refugees in Kosovo. Media reports in the last few days suggest that articles of clothing, food and medical supplies are being held up at the point of entry in Albania. The people of this country who are trying in their modest but important way to express solidarity with the Kosovan refugees by raising money for these relief supplies deserve better from national Governments. The EU, of which this country is a member, is part of this humanitarian effort and I ask the Leader to convey the concerns of Members of this House to the Minister for Foreign Affairs. It is no longer acceptable in a time of modern communications when so much modern technology is raining down on the people of Serbia that Governments cannot come together to secure ready access for the goods which are so badly needed.

Has the Leader discovered the accuracy or otherwise of his response to me last week? He said he believed the Taoiseach would be in favour of my suggestion that his nominee as Ireland's next EU Commissioner should appear before the Joint Committee on European Affairs prior to his or her appointment so that the public would learn something of the nominee's views on Europe and so on.

I am aware of no decent proposal to date on the part of the Government to acknowledge that this is the year of the elderly. I wonder if this is just a cosmetic exercise. I recommend that the Government should make a significant financial gesture to pensioners, say, £100 minimum, for those on non-contributory pensions. These are the people who gave us the society we live in today. I hope the Taoiseach will also favour this suggestion.

Noting the centenary of the first meeting of county councils in Ireland, there should be a debate in this House on the attitude of local authorities and Government Departments to the people who use their services. There is danger of a perception that the rich are getting richer and the poor are getting poorer. Our system of communication with the disadvantaged is being dehumanised. I support local authorities which are trying to do their jobs but which lack the facilities to do them properly. There is a lack of investment in training and development to allow them to handle the problems they are encountering. While people's expectations are being raised daily we are not able to respond to them. Perhaps this is a result of the strategic management initiative or the way that Government Departments and local authorities deal with this problem. I hope this could be debated with the Minister for the Environment and Local Government.

On 3 February I was permitted to raise the matter of the abuse of pupils in schools by a particular teacher. That relates to the issues raised as a result of last night's programme on RTE. Although I was not satisfied with the response on the evening concerned, I am satisfied that the Minister for Education and Science and the Garda are making further inquiries in the matter. These matters highlight the need for an independent service of a supportive nature which will operate an outreach programme to tell people that someone cares and is listening and will help.

The State, the educational institutions and the religious institutions need to co-operate on this instead of one saying that it is the other's responsibility. If nothing else came out of these airings, I would like to think that such a service would be set up and that there would not be a succession of calls following further revelations for such a response. There should be a standing service. It is not enough to tell people to go to the health board. I call on the Ministers for Education and Science and Health and Children to get together with the religious authorities to ensure such a service is put in place for the people who need it so badly.

I support the calls made by Senators Norris and Mooney and others for a debate on child care. I respect the ruling of the Cathaoirleach on my motion but I ask the Leader to arrange a debate on the activities of certain semi-State bodies. Much good work is done by these bodies but it is reprehensible that a semi-State body should use a road for its own purpose, render it impassable and then offer the landowners a paltry £200 towards the upkeep of that road. Similarly, when local people are trying to bring livestock to and from their farms, they have not the decency to erect a fence on either side of the road. No society would tolerate that.

I would like to ask the Leader of the House to send a clear message to the Minister for the Environment and Local Government in relation to provision of extra resources for the planning sections of local authorities. Every local authority is having serious difficulties in processing planning applications. They are completely overloaded and need extra resources.

Will the Leader inquire of the event promotion companies which organise concerts in the city if they have adopted a policy of discrimination against people with disabilities? In the past a helper attending a concert with a person with a disability would get a reduction in ticket price. It appears this is no longer available and they must now pay the full price. That is discriminatory and I ask the Leader to inquire into the matter to see if a resolution can be found.

Mr. Ryan

Does the Leader know what has happened to No. 5, Report Stage of the Criminal Justice (United Nations Convention against Torture) Bill? It is at least three months since the Committee Stage concluded and I ask the Leader to remind the Minister for Justice, Equality and Law Reform about it.

I support the point made by Senator Kett about discrimination. Will the Leader ask the Minister if she is satisfied that Ryanair is giving itself a competitive advantage by discriminating against handicapped persons by charging for wheelchairs? If somebody took a normal Ryanair flight and used a wheelchair at each end of the journey, they would pay double the price. This gives Ryanair an enormous advantage over its competitors but it is not a nice way of gaining competitive advantage. I ask the Leader to raise the matter with the Minister.

I concur with the views expressed by Senator Manning in complimenting the Minister for Justice, Equality and Law Reform on the efficient manner in which he dealt with the Superintendent Geary case. As Senator Manning said, some Members of the House were active in encouraging the Minister to reach a positive conclusion on the matter and they ought to be complimented, as should the media. We criticise the media from time to time – perhaps justifiably so – but on occasions such as this we should compliment the media and, as Senator Manning said, The Irish Times in particular.

I support the views expressed by Senator Glynn. I have had similar experiences in my county where Coillte and others, by the nature of their business, must compete, but they have contributed to the downgrading of some of the county roads. Those operating such businesses must be prepared to reach an accommodation with local authority management whereby the use of these roads by the public will be respected. I would welcome a debate on the issue in the House.

I support Senator Burke's call for resources for the county council so that additional staff can be given to local authorities in their planning departments. There has been an increase of over 100 per cent in the number of applications in the past two years and in County Galway there is enormous pressure on the planning office. Despite their best efforts, the staff are finding it difficult to cope. There is a need for additional resources throughout the country so that county councils can employ more staff in their planning offices. Many people have applied for planning permission but it appears they all want to build a house in County Galway.

Senators Manning, O'Toole and Cregan welcomed the Minister's announcement on the conclusion of the case of Superintendent Geary who has been trying to clear his good name for many years. I congratulate the Senators who brought this matter to the attention of the House, The Irish Times and the other media. As various speakers said, it was the conclusion every public representative hopes for when they set out to help somebody. The news we received last Friday about the conclusion of this long case was very pleasant. Another person might not have seen the matter to its end but Superintendent Geary was determined to correct a wrong done many years ago.

Senators Manning, O'Toole, Costello, Keogh, Jackman, Norris, Mooney and Glynn called for a debate on mandatory reporting. I have set aside time for this. On the matter raised by Senator O'Toole, I will inquire into the progress that has been made with regard to the work currently ongoing on the Shannon river. I have no problem reintroducing the Bill. When I made inquiries in recent months we were at an advanced stage in the preparation of a report. I will make further inquiries and report to the House next week.

I will raise Senator Costello's concerns about the cleaning of estates with the Minister for the Environment and Local Government. The Senator also expressed concerns about the sentencing of people, particularly non-nationals, for drugs offences.

Many Senators commented on the "States of Fear" programme broadcast last night. The title of the programme speaks for itself. It is an understatement to say that it was a shocking and horrific experience for those involved, many of whose lives are in ruins. I will do whatever possible to facilitate Members who wish to express views on this matter in the House. I compliment Senator Norris on his contribution which displayed his openness, frankness and truthfulness. It is a dreadful state of affairs; it is shocking and unbelievable that such things took place. I will hold discussions with the Whips to see how best we can progress this matter in a sensitive and common sense manner.

Senator Maurice Hayes made a good point which I will raise with the Minister for Public Enterprise, Deputy O'Rourke. Our fellow citizens in Northern Ireland should have the option to purchase shares in the Telecom Éireann flotation. I presume there is a valid reason why this has not happened. Knowing the Minister's determination on many issues, the Senator's request will be acceded to unless the problem is insurmountable.

I join Senators Norris and Mooney who expressed concerns about events in Northern Ireland, particularly those involving members of the Orange Order who attended the special Mass in Omagh. We are living in an era of openness, charity, forgiveness and understanding which will open up opportunities for future generations. We cannot look back. Tradition is to be cherished but the future must be for generations to work, live and enjoy life together and, most of all, to participate in life together. I welcome Senators' views and I will do whatever possible to arrange a debate on Northern Ireland as soon as possible. The Minister for Foreign Affairs, Deputy Andrews, was in East Timor and is travelling to South Africa and other countries in the coming days. I will arrange a debate on Northern Ireland as soon as his diary permits.

I will arrange a debate on Partnership for Peace, as called for by Senator Norris. I will make time available for a debate on health board allocations, as called for by Senator Denis Cregan. This issue is relevant to all health board areas and it would be worthwhile debating it in the House.

Senator Mooney mentioned the fact that people have been charitable with their time in raising funds. He also spoke about our humanitarian response to the circumstances of refugees from Kosovo. I agree with the Senator's com ments and call on the voluntary organisations to assist him to see how we can help and continue to encourage people to support the needs of refugees.

Last week Senator Coghlan expressed views on the appointment of the European Commissioner which were well aired in the media. I thank him for expressing his views to which I responded last week. Senator Coghlan requested a debate on the year of the elderly and asked about the Government's intentions to celebrate it. As both Houses know, the good intentions of the Government were seen in the budget with the deserved pension increase for senior citizens. I will allow time for that debate. I note the concerns of Senator Cox and I will convey them to the Minister for the Environment and Local Government. I will convey Senator Gallagher's views to the Minister for Education and Health and the other Ministers concerned.

Senators Glynn and Cregan called for a debate on the activities of semi-State bodies which is a worthwhile suggestion. I will allow time for that, if not in this session then early in the next session. Senators Burke and McDonagh raised their concerns about the massive growth of the Celtic tiger and its effects, including the substantial increase in planning applications to local authorities. A new planning office had to be built in Westmeath to cater for the fivefold increase in planning applications since 1987. The request for additional staff could provide employment in planning offices. I will convey the Senators' views to the Minister.

Senator Kett raised discrimination at concerts and public events. I was not aware of this and I will convey the Senator's concerns to the Minister following the Order of Business. I understand the GAA gives special consideration to the disabled and those in wheelchairs. However, if the disabled are not given the respect they deserve at concerts featuring international artists, I will raise that with the Minister and when I receive a reply I will contact the Senator immediately.

Senator Ryan raised the Criminal Justice (United Nations Convention Against Torture) Bill and Ryanair. I will inquire into both matters and report back to the Senator.

Order of Business agreed to.
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