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Seanad Éireann debate -
Thursday, 10 Feb 2000

Vol. 162 No. 6

Order of Business.

The Order of Business for today is No. 1, statements on the new national agreement, with the contributions of spokespersons not to exceed 30 minutes and all other Senators 20 minutes. Senators may share time. Business will be interrupted from 1 p.m. to 2 p.m. and at 5 p.m.

With regard to No. 1, Members have not been supplied with copies of the new national agreement. If not for the good offices of Senator O'Toole, the spokespersons of the various Opposition parties would not have received copies. That is absolutely disgraceful. This is the second House of Parliament and it is part of the process of Government. In the past there was also a failure to supply Members with copies of official documents. However, on this occasion it is unacceptable, given that the debate on this matter was scheduled last week, that copies were not supplied to Members in good time.

The person responsible for distributing copies of the agreement should be spoken to severely. All trade unions and chambers of commerce have received copies but Members of the Oireachtas have not. The Leader should, on behalf of the House, raise this as a matter of urgency with the person responsible – I would like to know their identity – and let them know, in no uncertain terms, the feelings of Members on this matter.

With regard to No. 4 on the Order Paper, will the Leader make time available for a general debate on the way the Freedom of Information Act has operated? I understand the Act contains a review clause which would facilitate this. The Freedom of Information Act has had very beneficial effects and opened up aspects of public life which deserved to be opened up. However, it is also clear that the Act is open to abuse, that it has been used in an intrusive and vexatious way and that it has impeded many routine aspects of the daily business of Government. Given that the legislation began its existence in this House, it would be useful to hold a review in the near future.

To facilitate the workings of the House, will the Leader revert to the earlier practice where, in so far as possible, a provisional Order of Business for the succeeding three to four weeks was supplied to the Opposition groups?

With regard to Senator Manning's point about the difficulty of holding a debate without people having access to copies of the agreement, it may be necessary to resume the debate at a later date when people have had time to read the agreement. I contacted the Department of the Taoiseach in the past number of days regarding the delay in publication. In the interests of clarifying the position to the House I should state that the agreement was not concluded until early on Monday morning. No trade union or chamber of commerce has received a complete copy of the agreement. I do not blame anyone for thinking that the opposite was the case. Many people have contacted my trade union to discover from where they might obtain copies.

The first photostat copy of the agreement did not become available until late on Monday evening. Yesterday I supplied photocopies of a rough copy of the agreement I had received and I understand that printed copies have not yet been supplied to anyone. Speaking as one of those who negotiated the agreement, I did not receive a copy of it until late yesterday afternoon. In my opinion the agreement was launched too early and Senator Manning is correct that this is not the way to do business. The agreement should have been launched today and the debate held when copies had been made available.

There have been developments today concerning Aer Lingus. The future of Aer Lingus, Aer Rianta and associated issues are important but have not been discussed in either House in terms of Government policy. There is a clear understanding that there will be an initial public offer in the coming months or within the year and it would be helpful if the Minister for Public Enterprise, Deputy O'Rourke, was invited into the House to explain her thinking on this issue so that we could share our views with her before decisions are taken. I had an informal discussion with the Minister and I know she would be happy to do so. The House could gain and give a lot during such a discussion.

I wish to express concern about the unavailability of final copies of the Programme for Prosperity and Fairness. Yesterday I obtained what I believe is a draft copy – I do not think it is even the final programme – from the Government website. That website is able to supply a copy but I understand that only six copies were made available to Senators this morning. I agree with Senator O'Toole that this debate will have to continue next week to allow all those who wish to contribute to do so, but also to have a properly reasoned and in-depth discussion on what is a very important agreement.

I also wish to raise the serious matter which has arisen concerning Crumlin children's hospital and, perhaps, other hospitals. Medical legal experts have highlighted the need to update legislation on post-mortems and events surrounding the harvesting and use of organs and tissue from deceased children, babies in particular, which have been made available to pharmaceutical companies. We are all horrified by what is termed "standard practice" and there is a clear need for this matter to be addressed by way of legislation. Will the Leader raise this issue with the Minister for Health and Children, Deputy Martin, at the earliest opportunity?

I support Senator Manning's call for a review of the Freedom of Information Act at the earliest possible date. This is significant legislation but we must look at the issue of appeals, in particular. Due to the backlog the waiting period for appeals to be heard by the Office of the Information Commissioner now exceeds 12 months. This delay is undermining the value and effectiveness of the legislation.

Will the House debate the proposed national stadium and related matters? There was a useful debate on this issue in the Dáil and there is a need for discussion on the matter and for the Minister for Tourism, Sport and Recreation, Deputy McDaid, to outline the information at his disposal on whether we can attract some of the larger sporting events.

The second issue I wish to raise is more important and urgent. The Leader will be aware that there is disquiet in the Defence Forces concerning the discussions taking place. The Chief of Staff rushed back to Ireland from East Timor and it appears that would-be consultants are the driving force behind events rather than soldiers. It has emerged that if some of these consultants performed their tasks properly in other matters there might not have been the need for some of the costly tribunals set up. Some of these consultants would get lost in Lebanon never mind sorting out any problems there. Will the Leader consider inviting the Minister for Defence, Deputy Michael Smith, to the House to debate the issue and outline the Government's position?

I wish to raise a matter of grave concern. A constituent of mine went to buy a house for £130,000 on 31 January. When she went to the auctioneer the following day the price had gone up to £133,000. The auctioneer explained that the builder had increased the price because it was 1 February. The average increase last year for a first time buyer's house was £24,000 or £2,000 per month. There was no second phase development involved in this case nor were there any alterations – the builder just changed the price. If this is the case the cost of the average home will rise by £36,000 this year.

We have all spoken about the crisis in housing and we have heard the promises concerning the 20% social housing initiative. It is time that the Minister for the Environment and Local Government, Deputy Dempsey, came to the House to discuss this issue. I accept that we cannot control the actions of individual builders but we are going to create a monstrous bubble which will burst. Interest rates are rising and young couples and other first time buyers will face an appalling situation. The £3,000 grant is being sucked into the price of houses. I know that the cost of the house I referred to will go up by another £3,000 next month and I would like the Minister to be invited to the House to see if there is anything we can do about this appalling abuse of people's need for housing.

The Senator could have raised the matter more appropriately in other ways, such as on the Adjournment or by way of a Private Members' motion. However, I did not interrupt the Senator as she was making an important point.

I appreciate that, a Chathaoirligh, and thank you.

Mr. Ryan

I suggest that Members read the report of the Labour Party's housing commission which contains a considerable number of imaginative and radical suggestions to deal with the appalling situation raised by Senator Ridge.

I support the complaints expressed by Senators about the extraordinary delay in making copies of the Programme for Prosperity and Fairness available. I work in the public sector and we have been hectored and lectured from the highest levels of Government about our apparent inability to modernise and deliver a service. However, if the Office of the Taoiseach takes two days to provide photocopies of a document of 128 pages then I have no doubt where modernisation, efficiency and quality service should begin. When they can do simple things very well at that level only then should they lecture the rest of us who have been trying to get them to come into the 21st century for the past 20 years.

I support Senator Manning's call for a review of the Freedom of Information Act. In one case it cost about £10,000 of taxpayers' money to answer a question. People should be charged whatever the inquiry costs. Is the information being sought in the public interest or in the interest of those making a living selling the information?

We live in a compensation culture and in some settlement cases claimants are told by their legal advisers that they are settling the case for X amount of money. However, the claimants do not know the value of the settlement. In all cases claimants should be advised what they are getting and the total costs involved. It is scandalous that some legal eagles are charging up to 40% or 50% of the claim on a no foal-no fee system. We should debate this issue in the House.

It would be my wish that matters raised on the Order of Business would be relevant and appropriate to the Order of Business. Senators should remember that the Order of Business is not a free-for-all during which any matter can be plucked from the sky and raised. Matters on the Order of Business should be addressed by way of a request or a question to the Leader of the House. The Chair is reluctant to engage in confrontation with Members on the Order of Business as that does not enhance the dignity or the image of the House. I appeal to the Members to make their interventions relevant and appropriate to the Order of Business.

As one who has always appreciated the Chair's reluctance to intervene, I also support Senator Manning on the non-delivery to Members of this House of various documents from time to time. This relates not just to the Programme for Prosperity and Fairness but also to the important report of the Committee of Public Accounts. That omission has since been put right, for which I thank the Leader of the House.

I asked the Leader yesterday about the Government's intentions on updating the Ethics in Public Office Act, 1995. Perhaps he did not understand my question and for that I apologise. Has the Government any plans to update that Act, particularly in the light of the Fianna Fáil Party's adoption of what I understand was the eighth draft of a code of conduct for its members?

Yesterday I drew attention to the hackers' attack on the US websites. I take into account what the Chair has said about raising only items which are relevant. However, this is very important both as a threat to and as an opportunity for Ireland. The attack on the US websites has damaged confidence in e-commerce, has damaged the possibility of reaching the potential that was expected. There is scope for a debate on introducing new legislation in Ireland so that we can take the lead. Ireland is already moving in that direction, but the news yesterday and today makes it much more urgent not just to draw the Minister's attention to the need for legislation but to the fact that if we are to get to the top, to the position of authority that we in Ireland see as an opportunity, we should do something immediately.

Will the Leader draw to the attention of the Minister for Foreign Affairs the danger of overreaction to the situation in Austria? Austria has a democratically elected Government that nobody really likes, but the action that many countries are taking may be counterproductive. What would happen in Ireland if we elected someone to Government whom the rest of Europe did not like? There would be the same response as that which seems to be happening in Austria in reaction to the rest of Europe. There would be greater support which would be counterproductive. The Minister's handling of the matter up to now has been temperate and careful. I urge him to continue to be temperate and careful, not in order to avoid embarrassment to that party, but to make sure that the steps we take as Europeans are not counterproductive.

Would it possible to have a debate on the question of car insurance and insurance generally? The huge increase in insurance premia for young people, particularly in the past six to 12 months, is enormous. I do not know how anybody can expect them to pay, even those who earn good wages. People who have apprenticeships must have a car in order to get to their workplace. Insurance companies have, in the past 12 months, imposed very steep increases. A number of Members have already called for a debate, and the matter has been debated many times – Senator Farrell called for a debate here a couple of months ago. We have a responsibility to young people in regard to insurance. We should have a debate on the issue.

Will the Leader of the House bring to the attention of the Minister for Health and Children the need to look again at the question of medical cards and, in particular, to take note that all people between the ages of 18 and 26 in County Louth who currently hold medical cards are being reviewed? Many mothers returning to work are losing their medical cards because no allowance is being made for their child care costs. This is a retrograde step. It is very difficult for young mothers and the matter must be looked at immediately. In his reply yesterday, the Leader said that he would allow for a debate on this matter. I ask that it take place as soon as possible.

I support Senator O'Meara's call for legislation on organs which have been removed from children following their death. If parents were requested at the time of death, even though it is a time of great grief, they would be open to the possibility of offering the organs of their children to improve research.

A number of years ago there was an attempted abduction of a child at the Coombe women's hospital. Subsequently, certain security measures were introduced there. At that time there were discussions on the possibility of installing closed circuit television in all hospitals as a security measure. Perhaps the Minister for Health and Children could come to the House to let us know how advanced these proposals are?

I request the Leader of the House to bring to the attention of the Minister for Arts, Heritage, Gaeltacht and the Islands, Deputy de Valera, the delay in granting licences in archaeologically sensitive areas where local authorities have made it a condition of planning to get a licence. There is a huge delay which is causing widespread concern. I contacted the Department this morning and I was told that the office was getting a huge amount of flak from around the country. I want the Leader to bring this to the attention of the Minister as a matter of urgency.

I appreciate the point the Chair made about raising issues on the Order of Business which could be raised on the Adjournment. However, Senators should be facilitated in putting questions to Ministers in the same way as Deputies. This would solve many problems for Senators. If a Senator writes to a Minister or a Department, he or she gets an acknowledgement within a week or a fortnight. However, it takes another two months to get a reply to the letter and that is disgraceful. We should have a facility for questions in the Seanad. Some moves were made previously in relation to this. It is something the Leader of the House should pursue on our behalf.

I would like a debate in relation to Objective One, and on whether or not we are getting our fair share of funding from the Exchequer along with Objective One funding. It would be worthwhile. Perhaps the Leader will arrange such a debate.

Senators Manning, O'Toole, O'Meara and Coghlan expressed their regret that they had not received copies of the new national agreement. As Senator O'Toole said, it was concluded only last Monday. We in the Seanad should be congratulated on bringing this debate to the floor of the House. It is my intention not to conclude it today and to have it on the Order of Business for next week. In respect of those Senators who wish to wait until next week, time will be made available to facilitate them in reviewing the benefits of this new agreement. I hope that as many Members as possible will take the opportunity to participate.

Senator Manning also called for a three to four-week advance plan in relation to the Order of Business. I will see what I can do to facilitate party leaders in that regard. Senator O'Toole called for a debate on Aer Lingus. I will allow time for that.

Senators O'Meara and Leonard expressed their concerns about the removal of organs and tissue from dead babies. I welcome the fact the Minister for Health and Children, Deputy Martin, established an inquiry yesterday into this matter. If a debate is required, I will respond positively.

Senator Cosgrave called for a debate on the national stadium. I have no difficulty allowing time for this matter to be discussed. It is wonderful that £300 million will be spent in an area of Dublin which was deprived for many years. Everyone, including me, who has been associated with sport throughout the years will be only too pleased to have a lengthy debate on it. It is a great opportunity for this House to let the nation know that we welcome the decision by the Government to go ahead with this project.

Senator Cosgrave also called for a debate on the Defence Forces. I will arrange for such a debate at the earliest opportunity. Senator Ridge called for a debate on rising house prices. I will put time aside for such a discussion. I will also arrange time for the requests made by Senators Farrell and Coghlan.

Senator Quinn called for a debate on the abuse of US websites. This would be a worthwhile debate and I will facilitate the Senator's request. I will pass on his views on the new Austrian Government to the Minister for Foreign Affairs.

Senator O'Brien made a lengthy speech when he called for a debate on car insurance. I will be pleased to make time available for such a debate.

Senator O'Dowd called for a review of the medical card system. I know he is pleased that his constituency colleague, Deputy Dermot Ahern, is one of the wonderful Ministers for Social, Community and Family Affairs.

This is a matter for the Department of Health and Children. It has nothing to do with him.

He has improved the qualification guidelines for the medical card system. As a member of a health board, I am only too familiar with the wonderful work the Minister is doing. I will convey Senator O'Dowd's views to him after the Order of Business.

Senator Leonard called for increased security, including security cameras, at all hospitals. I will leave time aside for a debate on this issue over the next three or four weeks. I will pass on the views expressed by Senator Tom Hayes to the Minister for Arts, Heritage, Gaeltacht and the Islands.

Senator Burke called for a review of the Seanad and for the introduction of a form of question time. I will discuss that matter with the leaders and the Whips. I will make time available for statements on the review of the Seanad in the next few weeks.

Senator Burke also mentioned Objective One, which is a six year programme. The Senator is a little early in his request given that this is only the second week of the second month of the year. The Senator is always ahead of his time. I will facilitate him with a review of this programme in the week before the summer recess.

Order of Business agreed to.
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