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Seanad Éireann debate -
Tuesday, 27 Mar 2001

Vol. 165 No. 16

Order of Business.

The Order is Business is statements on the outbreak of foot and mouth disease, to be taken at the conclusion of the Order of Business, and No. 1, Finance Bill, 2001 – Second Stage, with the contributions of spokespersons not to exceed 20 minutes and of all other Senators not to exceed 15 minutes, and Senators may share time.

There was a breakdown of communication between the Leader and me on the first matter he proposed, but it is acceptable and we will agree to short statements on the foot and mouth outbreak.

I wish to raise two points on the Order of Business. First, there will be a great sense of regret and anger that the State has insisted on going ahead today with the Jamie Sinnott case in the Supreme Court. There is a strong sense on all sides of the House that the State is wrong in so doing, but the Government has ploughed ahead and we can only hope that the judges will show a greater sense of humanity and be less narrowly legalistic than the Government on this matter.

The second matter concerns the bizarre situation in which Aer Rianta, a State body set up to control our airports, is being brought to court by the head of the Civil Aviation Authority, a State body set up to regulate the airline industry. Aer Rianta is being brought to court by the civil aviation regulator for refusing to provide information in its possession to the regulator who is trying to draw up new policy and regulations and needs this information. We have the bizarre situation where public money is being spent by one part of the public sector to force another part of it to come up with information it is obliged to produce anyway. Could someone have a word with the head and board of Aer Rianta to get them to see sense and have manners at this stage?

The Order of Business is agreeable to us. I wish to raise one matter with the Leader. Complaints have been made about the delays in the assessment of children whom social workers suspect have been sexually abused. I am sure all Senators would agree this is a serious issue. I ask the Leader if he could arrange for the Minister for Health and Children to come to this House to discuss the situation. Members of the Judiciary have already said that the facilities for many children in care are totally inadequate. Perhaps we could also address that aspect at the same time.

While I am grateful to the Minister for Justice, Equality and Law Reform for eventually having brought in a regulation that pornographic videos must be classified, it is worrying that again there is the problem of child pornography on the Internet. The issue of the abuse of children needs to be addressed in this House. I ask the Leader if we could have a wide-ranging debate on this matter with the Minister for Health and Children.

The Order of Business is agreeable. I compliment the Leader on getting the Minister to come into the House at the start of business today. It is appropriate we should deal with a matter of such pressing concern as early as possible in the week. I hope the Leader will seek to put this matter on the agenda as early as possible in subsequent weeks while the current crisis is upon us.

It is with a sense of relief that all of us have welcomed the ASTI's decision to call off the remaining two days of industrial action. We hope the ongoing talks will produce something significant and capable of being put to a ballot. If that does not happen, this will be the last opportunity to save the examinations. Let us hope what is happening at the Labour Court today will produce something significant.

I agree with what Senator Manning said about the Jamie Sinnott case. It is outrageous the State should be appealing that case. The Minister for Education and Science has stated that the grounds on which he was appealing it were technical grounds, but that is patently not the case. The entire principle of the constitutional right of a young person who has an incapacity to a primary education is at stake here. At this late stage the State should go back to that particular point and adjust its arguments merely to the technical aspect on which it requires clarification and not to the substantial issue, which is the right of everybody in the State to a primary education.

I support the Leader of the Fine Gael group in his comments on what seems to be a totally asinine situation regarding Aer Rianta and the aviation authority.

I wholeheartedly support my esteemed colleague, Senator Henry. On some occasions in this House she and I have heard a few sniggers generally when we have spoken on what is now a very serious issue, particularly regarding the video problem. I certainly support her in seeking a debate on this difficult and thorny issue.

A Chathaoirligh, will you request, through the Leader, that the Minister for Health and Children come in to debate the dreadful crisis regarding organ donations?

I would prefer if you would address your request to the Leader of the House.

I was focusing on you, a Chathaoirligh. I do not know why I did not focus on the Leader. I will address my remarks to him. I am a little confused today, probably because it is Tuesday, not Wednesday.

I ask the Leader to ask the Minister for Health and Children to come in to discuss what is now a very severe crisis regarding organ donations. I know that there were fears and people felt their rights had been trodden on, but the right to life is the most important one of all, and we should discuss this as a matter of urgency.

I support Senator Manning's remarks regarding the Government's persistence in the Jamie Sinnott case. I think the Leader overlooked mentioning the time the Finance Bill would be taken today. He did mention it would be taken after the statements on foot and mouth disease but he omitted stating a time at which it will be taken. He stated how much time would be allocated to speakers, but at what time is it intended that the debate on the Bill will commence?

I also inquire of the Leader as to who speaks for the Government on the local government Bill. I noticed over the weekend in the media that widely differing views on aspects of that Bill were attributed to the Minister for the Environment and Local Government on the one hand and the Government Chief Whip in the other House on the other hand. Perhaps for the benefit of the Members of this House the Leader will avail of the opportunity to clarify matters and tell us whose view is the Government's view.

Who is the real boss?

Like colleagues, I want to refer to the Jamie Sinnott case. I ask the Leader to emphasise to Government how important it is that we have the legislation on disability which is so badly needed. This case particularly underlines the need for all-encompassing legislation in that regard. It is a matter of regret that the Government is continuing to pursue that case in the courts.

On the dispute involving the ASTI, the current Labour Court talks are obviously crucial. We do not want to see our young people out on the streets again. The frustration which has built up among young people has not been channelled in a positive way and I regret that some of them seem to have got out of control. That is something which both sides should consider carefully. Our children need to be in school. They need to learn and those who are doing examinations need to concentrate on their studies.

The Finance Bill will start at 4 p.m. I propose that there will be ten minutes available to each Senator on the statements on foot and mouth disease.

Senators Manning, Henry, Costello, Ridge and Coghlan expressed their various views on the Jamie Sinnott case in the Supreme Court. I understand all the award and costs are being paid in full. Clarification is being sought on a point of law on a constitutional right from the highest court in the land, the Supreme Court.

Senator Manning expressed his views on the Aer Rianta problem and the spending of public moneys, and I will pass the Senator's views on to the Minister. I will pass Senator Henry's views on to the relevant Minister. I welcome the measure taken by the Minister for Justice, Equality and Law Reform in relation to pornographic videos. I will also pass Senator Henry's views on to him in relation to abuses on the Internet. I have no difficulty in arranging for the Minister to be present and in having a full and open debate on this matter.

Senators Costello and Keogh welcomed the move by the ASTI to call off its strike over for the next two days, which I too welcome. In the interests of all concerned, I hope it is the start of the end of this dispute. Teachers have made a magnificent contribution over the years to everything that has happened in Ireland. It has brought us to where we are today, one of the leading countries in the world. There was tremendous commitment to and investment in education by all parties which were in Government in very bad times. All this has brought us to where we are today and everyone has played a part. I welcome the announcement to call off strike action over the next two days. Like Senator Costello and Senator Keogh, I hope it is the start of bringing this dispute to a successful conclusion.

I can respond positively to Senator Ridge's request for a debate on organ donations and I will leave time aside for it. I noted what Senator Coghlan said about the local government Bill. He was a little mischievous—

—but Senator Coghlan has a wonderful way of presenting a matter to the Leader on the Order of Business and I look forward to each day—

He never gets an answer.

—when the Senator makes a contribution. He is very close to Government and 90% of the time, he knows the answer.

He shares a constituency with the Government.

In regard to Senator Keogh's request, I will have a debate on disabilities at the earliest time.

Order of Business agreed to.
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