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Seanad Éireann debate -
Thursday, 25 Nov 1999

Vol. 161 No. 6

Order of Business.

Today's Order of Business is Nos. 1, 2 and 3. No. 1 is a message from the Dáil. No. 2, a motion re the Joint Committee on Consolidation Bills, is to be taken without debate. No. 3 is the Companies (Amendment) (No. 2) Bill, 1999, Second Stage, with contributions of spokespersons not to exceed 20 minutes and all other Senators not to exceed 15 minutes. Business will be interrupted from 1 p.m. to 2 p.m.

The Order of Business is agreeable. I have been informed this morning that it is the Leader's intention to sit tomorrow. The business of this House is done in a particular way. The whip is agreed on Thursday and sent to Members who are able to organise their business for the following week accordingly. We have no difficulty with Friday sittings, but it is unacceptable that we should be told on a Thursday morning that we are to sit the following day. We would be very happy to do so if there was a national emergency but nothing of the sort is happening. We are being asked to sit this Friday simply to convenience a Minister who is in a hurry. I do not know why he is in a hurry because the Bill will not taken in the Dáil – and I have checked this with the Whips – this side of Christmas. We will sit all days required to deal with this Bill properly. The sections to be dealt with tomorrow deal with social housing and are important to all Members.

The Leader must put this House ahead of the convenience of any Minister, no matter how pressing or insistent that Minister is. I will not get into a row about this. I am simply saying this is a very bad precedent. It is being done outside the normal way in which business is ordered and is a bad blow for this House because we are putting executive convenience ahead of our rights.

I support the points made by Senator Manning. I do not believe that what happened here last night is the proper way to do our business. It is important that each group knows exactly what is going on. It is imperative that the business of the House runs smoothly. In order to do that there must be an understanding of different positions. The Bill was steamrolled last night in a way that does not augur well for the way we do our business. I would ask the Leader to ensure that if Ministers have problems they are brought to our attention so that we can try to find a solution that accommodates everybody. There is no need for these difficulties to arise.

I did not receive a reply to my query yesterday on the telecommunications Bill. I am aware that the Leader was busy with other matters yesterday. We need to know where we are going with this Bill. This issue is a bit like the Kilkee masts or the rod licences. If anybody thinks they are going to steamroll this Bill through the House, there will be another row. All Members have received representations on this issue which we need to discuss. If it is to be brought before the House soon, we need time to arrange the discussion etc. If the Minister is pulling back from it, then we should be told.

The Order of Business is agreeable. I support the sentiments articulated about the possibility of sitting tomorrow.

We are not discussing tomorrow's Order of Business.

We have no choice but to make reference to the matter because of what is happening.

Technically it is not in order to refer to tomorrow's Order of Business. I have allowed some latitude to the other leaders and I will allow Senator Costello to refer to the matter. I ask that the Senator be as brief as possible.

I appreciate that. I raise this matter because it was not part of the Order of Business agreed for the week. People and staff have made other arrangements for tomorrow. It is very important that we decide the Order of Business in this House. We should not kow-tow to anyone else. It is an important point of principle.

Many Bills have been returned by the Seanad to the Dáil – the Solicitors (Amendment) Bill, 1998; the Radiological (Amendment) Protection Bill, 1998; the Education (Welfare) Bill, 1999; the Criminal Justice (United Nations Convention against Torture) Bill, 1998; the National Beef Assurance Scheme Bill, 1999; the Copyright and Related Rights Bill, 1999 and the Cement (Repeal of Enactments) Bill, 1999 – but they have not seen fit to process them yet. We are forcing through a Bill today when there is plenty of time to do so between now and Christmas. There is no way the Dáil could possibly be in a position to direct its attention to this Bill. I state clearly to the Leader of House that we are totally opposed to tomorrow's sitting but we will facilitate him in sittings between now and Christmas.

It would be remiss if reference was not made to the historic events that will take place this weekend in the North. I welcome that there will be a meeting of the Ulster Unionist Council on Saturday, the statement by Sinn Féin last night that it has no secret agenda and the Taoiseach's statement in the Dáil that when the executive comes into being – and it may happen next week – there would be no going back on the constitutional arrangements to which we in the South have agreed. The agreement of the Labour Party and Fine Gael with that position is an important reassurance. We hope that everything will go well at the Ulster Unionist Council meeting.

I raise my old hobby horse in asking for a debate on under age drinking and alcohol abuse. "Prime Time" is to be congratulated on its programme last night – it should be televised again and again. It did not show children from working class areas, about whom we are often told, but children from the upper echelons of society. Judging by last night's programme the country has dropped to a very low ebb in sex, sin and morality. It is time we had a serious discussion on the issues because some of the language used by the children and what they talked about would not even have been heard in a pornographic shop in years gone by.

I am beginning to wonder if any Members on the Government side have read the report of the Inspector of Mental Hospitals. Some Members on the Government side have first-hand experience of working in the mental health sector. For two consecutive years, whenever Private Members' time has been available to me I have raised this issue. I ask the Leader to have a debate on the report before it an historic document. I see no sign of the mental health Bill and there is no reason to hope for a debate on that before Christmas, but I suggest that an important debate on the report could take place next week. This issue affects all Members of the House and I ask Government Senators to support me in calling for this debate.

Will the Leader use his good offices to ensure that on budget day next week copies of the Budget Statement will be made available to Members of this House? This matter was raised last year and there was goodwill on the part of the Leader. This is simply a reminder that the Members of this House should not be ignored.

An issue which has been raised again in recent days is the possibility that there is interference with telecommunications from Ireland by an agency of the British Government. The Leader of the House should convey to the Minister for Foreign Affairs our solidarity in his efforts to clarify this matter. We are in a sensitive period and this issue is central not only to our sovereignty but also to trust building. We are members of a cohesive and co-operative partnership in Europe, we are party to many international agreements and it would be wrong to ignore this suggestion if there is any truth in it – and I believe there is.

Mr. Ryan

I find the idea of motions on the Order Paper to be taken without debate a little difficult to accept. I would like to know what this motion, No. 2 on the Order Paper, means. I do not want to delay the House but I would be grateful if the Leader explained what it means, because it is a technical motion, and why he believes it should be taken without debate.

I support Senator O'Toole's point. I have been asking the Leader when the Telecommunications (Infrastructure) Bill, 1999, will be brought before the House. He informed us that it was not proposed to proceed with it at this stage but it was not proposed on Wednesday to have a sitting on Friday. The fact that something is not proposed does not mean that it is on the long finger but that it is not being taken today. I would like to know precisely what is happening in this regard. It is important legislation. I have often said I do not agree with its content but what is behind it is of fundamental importance to the economic development of the country.

The World Trade Organisation will meet next week in Seattle where it is expected there will be 150,000 protesters, the biggest protest since the Vietnam War. It involves fundamental negotiations on the future of the structure of the world economy in which the built-in injustices may or may not be addressed and the Government is sending a Minister of State at the Department of Enterprise, Trade and Employment to represent us. It is a profound insult to the poor of the world that this is the best we can do. It is a statement about how far out of touch we are in respect of world issues when we are sending a Minister of State who can barely handle complicated legislation.

The Senator has made his point. We have no control over who is sent to represent the Government at any such meeting.

I support Senator Henry's call for a debate on the report of the Inspector of Mental Hospitals. It is opportune and timely that this position was abolished. I consider that it perpetuates the stigma associated with mental health. There are no inspectorates of geriatric or general hospitals; there are regular visiting committees of the various boards. Many of my former colleagues in this profession also hope that this position will be abolished. I know the Inspector of Mental Hospitals. People in such positions are paid to criticise and are never positive about anything.

On the matter of the WTO talks in Seattle. it would be useful if the House discussed the issues associated with the talks. In respect of the opening of the talks which will take many years to conclude it is appropriate that the Minister of State, Deputy Tom Kitt, should represent us. It is only the very opening position – as I understand it, an agenda has not even been agreed at this stage. In addition, as it is the EU Commissioner for trade who leads the talks, it is appropriate for a Minister of State to attend. The Irish Farmers Association has called for the Minister for Agriculture, Food and Rural Development to attend the talks but I do not think that is necessary. However, these issues should be discussed in the House. At this stage, the Minister for Agriculture, Food and Rural Development has no role in the talks and would be no more than just a presence there.

The Senator is poorly informed.

I agree with Senator Henry that the report of the Inspector of Mental Hospitals ought to be discussed as soon as possible. It is an important post and he informs us on the realities in the hospitals. His report is not critical in its totality, it is objective and fair. It draws to our attention that the rights of patients in mental hospitals are being abused and that quality care issues need to be addressed. In many instances patients are not allowed wear their own clothes and in some cases they are dying in wards.

I cannot allow a discussion on the report now. I have allowed the Senator to support the request for a debate on the report.

Senator Glynn's comments are despicable and unacceptable. The inspector's report must be discussed by the House and should be published in the national newspapers. What is happening in some of our hospitals is disgraceful.

In reply to Senators Manning, O'Toole and Costello I have tried my best at all times to be co-operative and to get co-operation. I accept their views but they will be aware that from time to time various requests come from Government to the Leader of the House – as a former Leader, Senator Manning will know this well. However, he might not have found himself in the position in which I found myself yesterday and I thank Senators and leaders of all groups for their help, co-operation and understanding in the circumstances.

In response to Senators O'Toole and Ryan on the Telecommunications (Infrastructure) Bill, 1999, I can assure the House that the Bill will not be before the House before Christmas. I understand that a fresh look is being taken at the Bill and I assure Members that at least two weeks' notice will be given before it is presented to this House.

I join Senator Costello in welcoming the statements made by the Taoiseach, the leaders of the major political parties and Sinn Féin during the week. I hope and pray that this weekend will take us a step closer to that lasting peace in Northern Ireland which the people of the North of Ireland and the people of the island of Ireland richly deserve and badly need.

Senator Farrell again called for a debate on under age drinking and drug abuse. I certainly will make time available for this. As I stated already, I understand the penalties are extremely severe in the under age drinking part of the new intoxicating liquor Bill, which is to be published early next year. I would welcome a debate on the matter.

Senators Henry, Glynn and O'Dowd called for a debate on the Report of the Inspector of Mental Hospitals. As the Senators will be aware, the Mental Health Bill is to be published between now and Christmas but I certainly will provide time for a debate on this.

Senator Coghlan reminded me that copies of the Budget Statement should be distributed to Senators. We have already made a request through the Government Whip in the Seanad, Senator Tom Fitzgerald, that this should be done on budget day. I hope to inform the House on Wednesday morning's Order of Business that we will be taking a break from 3.45 p.m. to allow Senators to attend in the Dáil to hear the budget at first hand.

I will pass on to the Minister Senator Ó Murchú's views regarding the interference to our telecommunications system. This is very serious, if it is happening.

Senator Ryan raised the issue of the opening of the world trade talks and Senator Dardis called for a debate on the matter. I certainly will facilitate this but it will be after the Christmas recess.

Senator Ryan raised a query about the motion re the Joint Committee on Consolidation Bills, which it is proposed would be taken without debate. The purpose of this procedural motion is to refer the Stamp Duties Consolidation Bill, 1999, to the Joint Committee on Consolidation Bills and it is in accordance with Standing Order 126.

Mr. Ryan

Thank you, a Chathaoirligh.

Order of Business agreed to.
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