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Seanad Éireann debate -
Wednesday, 8 Dec 1999

Vol. 161 No. 13

Order of Business.

The Order of Business is Nos. 1, 2 and 19, motion 15. No. 1 is the Irish Nationality and Citizenship Bill, 1999 – Order for Second Stage and Second Stage, with contributions of spokespersons not to exceed 20 minutes and all other Senators not to exceed 15 minutes. On No. 2, Companies (Amendment) (No.2) Bill, Committee and Remaining Stages will be taken at 2 p.m. The Stamp Duties Consolidation Bill, 1999, which is to conclude in the Dáil no later than 12.15 p.m. today, will then be circulated on a Supplementary Order Paper and will be taken at the conclusion of No. 2. No. 19, motion 15, will be taken from 6 p.m. to 8 p.m. and business will resume thereafter, if not previously concluded.

I have one query about the Order Paper. On the whip that was circulated, No. 1 was to be the second item today. Since it is ordered, we will have to go ahead with it. When will the Leader allocate time for the debate promised on Northern Ireland? Apart from the developments in Northern Ireland, there are serious issues including the new cross-Border bodies and east-west relations which all sides of the House would like to discuss. It is important we have that debate before the Christmas recess.

Will the Leader indicate the business he intends to take between now and the Christmas recess? When will the Mental Health Bill be published? The Leader indicated it is expected before the end of this session. Will he confirm this? Given the high level of interest shown on both sides of this House in that subject, especially by Senator Henry, will the Leader try to ensure this Bill is initiated in the Seanad? Will he confirm there will be some Fianna Fáil speakers supporting the PD motion this evening?

Is Senator Manning worried?

Last week I raised the concern on these benches that those of us with constituents North and South of the Border were not present at the signing of the new articles of co-operation. I discussed the matter with the Minister and it has been disposed of. I appreciate that the Minister expressed his regret and I will not raise the matter again.

I am not sure people understand the significance of what has taken place as regards North-South relations and the need for the matter to be discussed in this House. I support Senator Manning's call for a debate. Implementation bodies are in place, which have responsibility, legal and otherwise, for a variety of issues. The relationship between those bodies and this House needs to be examined. This is a classic Order of Business issue. It concerns how the House conducts its business. It is important we have an understanding of how the implementation bodies will work. The co-operation bodies will deal with education and other areas. What will this mean in terms of co-operation between this House and other bodies? Will this House have a direct input? I am not debating the issues but making a case as to why this is suitable for discussion on the Order of Business.

What about east-west relations? Will this House have a relationship with the Assemblies in Edinburgh, London, Cardiff and Belfast? The issues are so convoluted and complicated that we must know where we are going. Before we are asked questions we cannot answer, it is crucially important that we put forward our point of view on where we fit into this new arrangement.

I agree with Senator O'Toole that there is a need for a debate on the historic and wider political significance of the relationship between the islands in the context of what has taken place in the last week to ten days. I urge the Leader to make time available next week for such a debate.

As discussion of the Fisheries Bill has been completed by the Dáil Select Committee, I ask the Leader if there will be a debate on this important legislation next week. I asked yesterday for clarification on whether we will take the ICC Bill tomorrow in light of the difficulties being experienced with the sale of the ICC. Is it appropriate to debate the Bill at this stage?

Is it the Progressive Democrats' intention to withdraw or change the motion tabled for this evening, given that the Government has signalled a considerable change, if not an entire U-turn, in its tax policy enunciated last week?

Senator O'Meara is sailing close to the wind.

I agree with the request for an early debate on Northern Ireland. I wish to bring to the Leader's attention recent reports of hospital practice of retaining organs for research without the permission of the families of the bereaved. This seems an obnoxious practice. Will the Leader discuss the matter with the Minister for Health and Children to ensure the practice is regulated? All hospitals should be obliged to disclose details of organs they are currently holding. I ask the Leader to discuss with the Minister the possibility of having the issue debated and outlawing the practice of retaining organs without the permission of the next-of-kin.

I asked yesterday about a debate on the ICC Bill. However, in light of the decision not to go ahead with the sale of ICC, I assumed we would not be debating the Bill tomorrow. If this is so, I ask the Leader can we use the time available for the debate on mental health which Senator Henry has been seeking for some time? Alternatively, the Leader might ask the Minister of State, Deputy Kitt, to come to the House to explain his remarks on the World Trade Organisation in Seattle. This would be an ideal opportunity to do so.

We had a good debate last week on reform of this House. I concur with Senator O'Toole that the time is now right for a debate on Northern Ireland. This should take place in the coming week. A week or ten days ago, I cautioned we should not debate the issue too soon because the Assembly had not been set up. Now that the Assembly is in place, we should debate the role we will play in this regard.

I, too, support the call for a debate on Northern Ireland and the institutions about to be formed because this Chamber should have an input into the future of this island.

I ask for a debate early in the next session on the findings of the report of the points commission which has just been published. It is difficult to assess the findings at this point.

I ask the Leader to ask the Minister for the Environment and Local Government to come to this House to explain in more detail the workings of the essential repairs grant administered by local authorities. This scheme is unworkable at present and there are many hundreds of applicants—

This is a matter which would be very appropriate to the Adjournment. I have 11 Senators offering on the Order of Business and I would prefer it if Members confined themselves to questions which are relevant to the Order of Business. I am sure Senator Burke can find another way to raise this matter which is not appropriate or relevant to the Order of Business and which could be dealt with on the Adjournment.

The Leader should allow time to debate this urgent matter because the scheme is unworkable and should be either abolished or restructured because the funding for it is inadequate. There is a huge number of applicants who are being misled at present.

Given that the year of the aged – quite a number of Members are approaching that category – is almost at an end—

What does the Senator mean by "approaching"?

—will the Leader arrange for a debate either before the end of the current session or at the beginning of the next to assess what was done for the aged during the past 12 months?

Mr. Ryan

Nothing was done for them in the budget.

Did the year of the aged yield any benefits?

Time should be made available for an early debate on the huge rise in the incidence of HIV and AIDS throughout the world in order to assess the action being taken in Ireland in this regard. We should consider whether there is a relationship between the breakdown of people's immune systems and the increase in the incidence of TB and whether that increase is associated with the rise in the incidence of HIV.

I support Senator Walsh's request for a debate on the retention by hospitals of children's organs. The most distressing and disturbing aspect of this matter is the rather high- handed attitude which appears to have been adopted by the hospitals and their refusal to enter into sympathetic discussions with parents who are clearly distressed.

Does the Leader share my view that the Minister for Finance, Deputy McCreevy, could be compared to a person dangling a piece of meat above the Amazon river? A large variety of piranhas have emerged to snap at his little parcel, despite the fact that it appears to contain something for everybody.

I support calls for a debate on the recent meeting of the World Trade Organisation. The House should consider the progress made in this area of vital importance to the Irish economy. The Minister for Public Enterprise recently announced that she intends to find a strategic partner for An Post and she said yesterday that £5 million would be allocated in respect of rural post offices.

We cannot debate this matter now.

I appreciate that, but we should ask the Minister to come before the House to comment on the changes taking place in An Post in view of the importance of post offices to rural areas.

Will the Leader consider setting aside time next week to allow a Minister to come to the House to outline the Government's efforts and those of the committee it established in respect of Y2K compliance? Next week will be the last occasion on which the House will sit before the advent of Y2K at midnight on 31 December 1999. It would be quite comforting for citizens to realise the lengths to which the public and private sectors have gone in this regard. I accept that there is still a possibility that hiccups may occur but we would do a service to the public if we put on record the efforts that have been made during the past two to three years. Notwithstanding the many demands on the Leader regarding next week's business this would be a practical and prudent use of time. If it were to take the form of statements, could there be at least 15 minutes of questions to the Minister at their conclusion?

I support the call by Senators Walsh and Norris to ask the Minister for Health and Children to draw up a legally binding code of practice for hospitals in regard to the retention of organs. Apart from the situation at Our Lady's Hospital for Sick Children, Crumlin, I came across a grieving widower recently whose wife died following brain surgery. He discovered two months later that her brain had been kept by the hospital without his knowledge or consent. This is an extremely disturbing and widespread practice. It is a matter of serious urgency that a code of practice be enshrined in legislation immediately by the Minister.

Mr. Ryan

I support colleagues on the issue of the retention of organs of deceased children. It seems dreadful that a code of practice must even be suggested. Most of us thought that that would have been obvious. To suggest such a code of practice raises profound questions about the way those in one area of the caring profession reflect on their work.

I yet again raise the Telecommunications (Infrastructure) Bill, 1999, and I will raise it as often as necessary because the country needs a proper telecommunications infrastructure. It does not have one and peripheral areas which are vigorously defended and espoused will be at a permanent disadvantage until such an infrastructure is put in place. The Bill is sitting on the Order Paper and, apparently, indecision rules in this, as in every other area.

There are eight Seanad Bills on the Dáil Order Paper. Will the Leader ensure that legislation which will arrive from the Dáil next week will not be rushed through the House? The Dáil is clearly not capable of handling the same volume of legislation as this House and until it improves its efficiency to the same level as this House, we should not be at its beck and call to deal with issues as it suggests them.

I support colleagues who called for a debate not on the profound issue of violence, which, hopefully, we are beginning to see the back of, and on the practicalities of the North-South relationship because there are issues that need to be discussed. The Bill to be debated later relates to one of these issues and it is tragic and disappointing to find the Department of Justice, Equality and Law Reform sneaking in part of its anti-immigration agenda—

The Senator can make these points during the debate on the Bill.

Mr. Ryan

I will, but that is why we need to talk about these issues.

The Senator must not have been reading the newspapers or listening to the news.

Mr. Ryan

I wish to have the issue of electricity supply security discussed. It is a serious issue which is not being addressed. Ministerial denials are worth no more than the air into which they are breathed. I do not believe that the Minister knows what is happening. A crisis is looming and it ought to be discussed. The issue could be addressed before there is a crisis.

Senator Dardis ought to reply to the Order of Business rather than the Leader since the Progressive Democrats Party is obviously running the Government.

It is a partnership.

I call for a debate on the powers of the Independent Radio and Television Commission and its functions. A Chathaoirligh, I sought to raise this matter on the Adjournment recently and you ruled it out.

The Senator will have an opportunity to discuss those matters under the Broadcasting Bill when it comes before the House.

I also support the call by Senator Chambers for a debate on the WTO talks.

It was proposed to take Report Stage of the Stamp Duties Consolidation Bill this morning but it is before the Dáil and will return here later. It is a technical Bill and Report Stage will take only a few minutes. Is the Leader prepared to take it immediately after the sos?

I support the call from Senator O'Toole and others for a debate on the North-South implementation bodies. The visit of the Minister for Enterprise, Trade and Investment, Sir Reg Empey, to Dublin yesterday indicates the co-operation which will take place. The openness that Sir Reg Empey displayed yesterday gives me great hope for the future.

There should be an additional implementation body in relation to tourism matters. A marketing company is to be set up but the last thing we in the Northern part of the country need is another marketing process. We need a mechanism which will enable new and innovative infrastructures to be created to develop tourism. There is fantastic scenery in the North of Ireland and in Counties Donegal, Cavan and Monaghan. We do not have great weather but—

Senator Bonner, I am sure these are all points that can be made during the debate which has been sought by Senator O'Toole.

Certainly, but that is the most important thing that could be done for the Border counties.

In common with Senator Quinn, I would like to know the status of the Industrial Credit Corporation Bill. We understood it was intended to facilitate a sale which will not now take place.

Will the proposers of tonight's Private Members' motion be in a position to inform the House of the balancing measures or will they arise in an amendment tabled by members of the Leader's party? Will they be known at that stage?

Senator Coghlan should have patience and wait until this evening when he will see what form the debate will take.

I am forever grateful to the Cathaoirleach.

The Senator should be patient.

On the last point, there is always a large number of Senators on this side of the House who wish to make contributions.

Senators Manning, O'Toole, O'Meara, Ormonde, Ryan and Bonner expressed their views on having a debate on Northern Ireland and the progress that has been made there. I endeavoured to have such a debate this week but because of events in the other House and pressure on the Taoiseach's time, it will probably take place on the first sitting day next week. The Taoiseach gave his word to the House in that regard. I have thanked Senators over the past number of weeks for their understanding of the position in which we found ourselves and the sensitivity of the negotiations which were taking place in the North of Ireland. The Taoiseach is most anxious to return to the House to make a statement and listen to the views of Senators on the progress which has taken place.

I agree with Senator Bonner regarding the meeting of the Minister for Enterprise, Trade and Investment, Sir Reg Empey, with the Minister for Public Enterprise, Deputy O'Rourke. He was carrying out his duties in Dublin and everybody was delighted to see that development. I hope it will happen many times in the future and we look forward to cross-Border co-operation and the island of Ireland benefiting from the various agreements made in the North in recent weeks.

Senators O'Meara, Quinn, Coghlan and others asked about the ICC Bill which is due to be taken tomorrow. This is enabling legislation and it will come before the House. Senator Manning asked about the Mental Health Bill. I will endeavour to have the Bill initiated in the Seanad and I agree with his sentiments. As the Senator noted and as I stated previously, the legislation will be published before Christmas.

Senators Walsh, Norris, Liam Fitzgerald and Ryan expressed their grave concerns regarding the removal of tissue and organs from deceased patients and the need to establish a code of practice in this regard. I will pass on the Senators' views to the Minister for Health and Children and I will provide time after the Christmas recess for a lengthy debate on this matter.

Senators Quinn, Chambers and Rory Kiely called for a debate on the World Trade Organisation. I will provide time for such a discussion. Senator Ormonde called for a debate on the report of the points commission which was published recently. I will also provide time for this discussion. I will pass on Senator Burke's views to the Minister for the Environment and Local Government. I will also convey Senator Lanigan's views to the Minister in regard to a debate on the year of the elderly. I will consider the request for a debate on HIV early in the new year.

I shall pass on the views of Senator Chambers regarding An Post and arrange for an urgent debate in the new year in regard to the position in which An Post will find itself should it acquire a new partner. Many Senators will recall, when the withdrawal of the post office system was mooted by another Government, the concern of Senators from all sides at that time. In response to Senator Avril Doyle, the Appropriations Bills will be published next week.

And the Minister's response in relation to Y2K.

The progress in regard to Y2K can be included in that debate. If the Senator is present she can make a contribution as usual. On telecommunications infrastructure, I disagree with Senator Ryan because we have in Ireland—

Mr. Ryan

Dublin.

—magnificent telecommunications infrastructure. I do not know in what world Senator Ryan is living because the world congratulates Ireland on its telecommunications infrastructure and how well we are doing in relation to the computer age and everything associated with it. On the question of a debate, I can certainly accede to his request but if he wishes to have it in Independents' time, under Private Members' Business, it may be possible to have it sooner.

We cannot do that.

The Senator can discuss the matter with the leader of the Independent group, although I know it is difficult to get agreement from time to time. I understand it is difficult for the whip to be implemented also. Senator Rory Kiely called for a debate on the achievements and progress of the Independent Radio and Television Commission. I can have this request looked at but, as the Cathaoirleach has correctly said, this matter can be discussed under the Broadcasting Bill. Senator Ryan called for a debate on electricity supply and I can have time set aside for this also.

Order of Business agreed to.
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