The Order of Business is No. 1, statements on car insurance for young motorists, with contributions of spokespersons not to exceed 20 minutes and all other Senators not to exceed 15 minutes. Senators may share time. Statements will conclude no later than 4 p.m.
Order of Business.
Will the Leader assure the House there will be a flexible arrangement in place next week for statements on the foot and mouth crisis, as he indicated yesterday? It looks as if it is worsening, although we hope it is not. In any event, there should be sufficient flexibility so we can discuss not only the tourism implications but the latest developments.
The House will also note with great concern the unilateral rejection of the Kyoto agreement by President Bush yesterday. This is one of the most serious developments and it has happened, we are told, in large part because it is not in America's interest that the agreement be kept. I ask the Leader for an early debate on that matter. As a House, there is not much we can do and we will not change American policy. Nonetheless, this was an act of unilateral abandoning of the greater good by one major power. It was done entirely to protect selfish interests and, as a House, we should make our views known on the matter because it affects every country.
I lend my support to the point just made by Senator Manning. The Kyoto agreement was referred to by almost every second speaker last night and on a number of occasions previously. It is something into which we buy. Our views should be conveyed to the American ambassador. That is hugely important.
I would like to raise two issues, one of which was raised in the House yesterday by my colleague, Senator Coghlan, from Killarney. Maybe it is because when Kerry people come to Dublin, they like to walk up and down O'Connell Street in large numbers to get to and from Croke Park.
They need good memories.
On a serious point, as a House of the Oireachtas, it is hugely important that it is conveyed that we respect Article 40 of the Constitution which gives the right and freedom to assemble and that any restriction of that should only be in the case of breaches of the law or relating to the vicinity of the Oireachtas. I raised this six months ago during the assembly of taxi drivers outside the gates. This is a hugely important right in a democracy and I would like the Leader to consider having a debate, not to interfere with the due process in Dublin Corporation but to get the views of Members of this House on the record so that people can state their views on the right to assemble. I ask the Leader to consider bringing in the Minister for Justice, Equality and Law Reform so that we could get the Government's view. It is vitally important that the right to protest, assemble and demonstrate is protected and not abused by either side.
Over the last two or three days, the Irish Association of Investment Managers has indicated its concern at the goings on in certain public limited companies, in particular Smurfit's, in terms of the levels of remuneration to directors which are not in the interests of investors. It has nothing to do with what people are earning – that is not the issue here. There is an issue of public concern. We are inviting people to invest in the future of the country and it is in the interests of this House that people feel secure and confident investing in companies. The shareholders' interest is a matter of concern to the Oireachtas. I compliment Ann Fitzgerald of the Irish Association of Investment Mangers for raising this point. It is also something this House should consider and bring to the notice of the Government. If it becomes necessary to legislate to protect the shareholders and ensure that the proper information and transparency are given by the leadership and public companies, then we should indicate clearly that we will do so.
I too would like to record my disappointment at the announcement by President Bush on the Kyoto agreement. He is effectively reneging on an agreement signed by his predecessor, President Clinton. He is reneging for the very worst reasons, that it is in the interest of the United States not to go ahead with it and because he feels it is too generous to Third World countries. The United States should take the leadership in this because it is the main industrialised nation in the world and the one producing the most emissions that are causing climate change. We should have an early debate on this and voice our concerns loud and clear as a body of the Oireachtas.
Will the Leader of the House invite the Minister for Foreign Affairs to the House, now that the White Paper on the Treaty of Nice has been published, so that we can have a full-scale debate on this issue? I am amazed he has indicated that 31 May is the date for the referendum and also three other referenda. Four pieces of legislation have to go through both Houses in that period and there is ignorance abroad in relation to the terms of the Treaty of Nice. There is no obligation or pressure on us to pass the Treaty of Nice this year. We do not need to have it passed until the end of next year. There is a need for a long period of education. In the context of the foot and mouth epidemic in Britain and the dangers in this country, we should not even contemplate having the referendum on 31 May.
I echo what has been said by Senator O'Toole about the right to assemble on O'Connell Street. I am in the rather invidious position of being chairman of the monitoring committee in relation to the development of the street and I am appalled by the fact that these by-laws were put forward by Dublin Corporation—
By a member of the Senator's party, Deputy Upton.
Other members of the monitoring committee advised against it and Dublin Corporation insisted on putting forward those by-laws. They will be on display for five weeks so every member of the public has the opportunity to express a view, but I hope we will uphold the constitutional right to assemble on the main street.
I commend the Leader for keeping the foot and mouth matter under continuing review in the House and I suggest to him that we should deal with it early next week. The news from Louth is not very good; we will not know until tomorrow if we have had a second case in the Cooley peninsula. Obviously, one is very concerned about the welfare of the farmers and the wider community of that area. If anything positive can be taken from it, it is that it appears to be between the control zone and the sea, so it is confined there.
It is important to recognise how right it was for the Minister and his advisers to introduce the concept of culling in control zones within a defined radius of the outbreaks. That policy has been amply vindicated and hopefully it will ensure that the disease does not spread further. We can be more hopeful about the tests that have been taken from the meat factories in Wexford and have been referred to the laboratories. In terms of our exports and the securing of our regional status, which we did successfully at the veterinary committee in Brussels, it is essential that whatever outbreaks occur be confined to this area. It would be regrettable if there were further cases.
I also support Senator Manning in what he had to say about the Kyoto agreement and the conduct of the United States. The President is quoted as giving two reasons for his rejection of the agreement. One is that it is not in the interests of the United States. One would have thought that the interests of the planet would have come first. Second, he used the excuse that developing countries had not signed up for the agreement. I suspect that all the levels of emissions in developing countries would not nearly amount to those of the United States. I hope that the Government will lodge the strongest possible objection with the appropriate people.
The right of assembly is an essential part of our democracy. We have existing laws that give the Garda adequate powers to deal with people who are disorderly, and we always hope that protests are orderly. Under the Public Order Act and other legislation, the statutory powers exist to deal with these people if required. This matter needs to be reviewed.
I would not be too worried about people assembling in O'Connell Street. I would be afraid to assemble there myself at this stage of my career, it is so lawless. One cannot walk down O'Connell Street after 9 p.m.
If you would bear with me—
I apologise.
Bear with me for a moment. If any Senator thinks that we are going to have a repeat of yesterday's performance on the Order of Business today, we certainly are not. Yesterday we had a very disorderly Order of Business, where the behaviour of some Senators was more appropriate to a crossroads meeting than a House of the Oireachtas. I ask Senators to be orderly and to confine themselves to questions or requests to the Leader of the House for debates. I have extended the usual latitude to the leaders of the groups in their contributions. If you wish to request a debate, give briefly the reasons you feel that it should take place. I ask Senators to refrain from commenting on the requests and comments of other Senators.
I was not present at any unruly gatherings yesterday morning. I appreciate what the Cathaoirleach is saying and I will address further remarks to the Leader of the House. The courtesy of the Cathaoirleach is legendary and he has a very trying position.
Senator Ridge, I try to be scrupulously fair to every Senator.
Undoubtedly.
I propose to circulate to Senators today a memo in relation to the Order of Business and I ask Senators to study it when they receive it and be guided by it.
In relation to what Senator Manning said about information from the Minister on the foot and mouth plague, when the Minister comes in again, will he refer to the difficulties caused in this area by quasi-paramilitaries-cum-smugglers, people who think they run an independent republic in the area concerned and are probably the cause of some of the greatest problems with regard to the spread of the disease? It cannot be tackled without taking on board the fact that lawlessness has been a way of life for many up there, particularly those in the cattle trade. I hope this aspect of the problem is addressed.
On a lighter note, to put the Cathaoirleach back into his usual good humour, I noticed some stunning pictures in the corridor yesterday. I do not know how long they have been there, but I saw a very nice one of Gemma Hussey as a former Leader and a dashing one of our present Leader, looking very elegant. He looks terrific in it.
This is not relevant to the Order of Business.
I did notice his picture is bigger than that of everyone else for some reason.
I ask the Leader if we could have a debate on violence in society in general because, sadly, during the week, parading students damaged two squad cars in broad daylight. We cannot blame substance abuse for that. Many lollipop personnel are being abused when they are directing children across the street in the daytime.
SIPTU and IBEC have expressed concern at the treatment of non-EU nationals working in some firms and institutions. Given the dreadful reports on the treatment of Filipino nurses regarding their accommodation, if it hap pened to Irish nurses abroad, every mother would tell them to come home. Does the Leader of the House have further information on the proposed immigration legislation from the Department of Justice, Equality and Law Reform? If the legislation is forthcoming, I seek a debate on it. If not, can we have a debate on the treatment of non-EU nationals working in Ireland?
I support the Senators who asked for representations to be made about the proposed derogation from the Kyoto treaty. I am also concerned, although I will express my concerns more guardedly than Senator Ridge, about the failure to expedite a cull of animals on the northern side of the Border. I have no problem with people seeking to protect their interests or get the best deal they can. While farmers are entitled to full compensation, the scientific evidence is clear that the longer a cull is delayed the less effective it will be. I hope we can give some support to the Minister of Agriculture in Northern Ireland on the matter.
Will the Leader of the House convey our commendation to the Minister for Foreign Affairs on making a grant available to the Apprentice Boys of Derry who have shown their responsibility by consulting with residents and business interests? More importantly, it underlines that the underlying philosophy of the Good Friday Agreement is to respect all traditions on the island equally. The Apprentice Boys represent an important part of that tradition.
Senators
Hear, hear.
I endorse Senator Manning's comments on the Kyoto agreement and President Bush's reaction to same. I am also disappointed.
Will the Leader of the House expedite as quickly as possible a debate he promised me before Christmas on autism and appropriate education for autistic children? It is particularly relevant in the light of the Sinnott judgment and the continuing controversy surrounding the appeal. I hope that debate can be scheduled in the near future.
I support the call by Senator Manning and others for a debate on the Kyoto agreement. We debated a section of the Finance Bill, 2001, yesterday which dealt with the percentage of energy that can be generated by wind, sun and water. It would more appropriate, with the agreement of the Leader of the House, to have a debate on energy that would tie in the Kyoto Protocol. Many aspects of the energy industry are a source of concern.
I am not au fait with the change in policy of Dublin Corporation regarding O'Connell Street, but is it not a matter for the corporation in the first instance? Can the corporation, as an elected body, vary the policy or vote against it? It is only a draft proposal and if it fails agree on it, it could become a matter for the House.
I fully support Senator Manning's views on the US U-turn on the Kyoto agreement. The rights to lawful assembly and peaceful protest are absolutely sacrosanct. I had a useful exchange of views following the Order of Business yesterday with my illustrious colleague and distinguished former Lord Mayor of Dublin, Senator Joe Doyle. I accept that the proposed plaza for O'Connell Street could be eminently suitable. Nobody wants to go against the wishes of rate payers and councillors.
Senator Coghlan will have an opportunity to make those points if the debate which has been requested takes place. It is not in order to pre-empt it now.
I am not necessarily seeking a debate.
The Senator will, certainly, not have his own debate at this stage.
While another central location could be agreed for the right to protest and so on, which we all hold so dear—
Croke Park.
—I have more of an open mind on the matter than perhaps my remarks of yesterday indicate.
Perhaps the Senator will do what he did yesterday and discuss the matters with a member of Dublin Corporation following the Order of Business.
I have no doubt that I will do so. I am always respectful of your views.
There is ongoing concern about the continued closure of Killarney National Park. While we all accept the necessity which inspired the closure and I am not making a plea for it to be completely reopened, particularly the more remote and wilder parts of the park which is expansive, there is no reason, while maintaining due vigilance and taking the necessary precautions, Muckross House and its immediate precincts could not be reopened. It is a busy location and vital to the tourism industry nationally, in Killarney and County Kerry. Will the Leader of the House use his good influence to ask the Minister for Tourism, Sport and Recreation to reopen Muckross House for the good of tourism?
Will the Leader of the House bring to the attention of the Minister for Finance the attitude of some banks regarding the cash flow of small businesses, particularly those involved in the tourism industry? The Minister is the chief financial officer in the State and carries considerable weight. A plea from him would go a long way towards alleviating the position for many tour operators. I have spoken to several small operators who have told me that the banks are even informing them that their mortgage repayments are unpaid. I call on the Minister to appeal to mortgage companies and banks to allow payments from small operators who are experiencing a tight cash flow to roll over.
Mr. Ryan
Yesterday we were led to believe that the Waste Management (Amendment) Bill, 2001, was being transferred from the Dáil to the Seanad, but it is not on the Order Paper. Will the Leader of the House explain the position on the legislation because it should have appeared on the Order Paper, even if we are not due to discuss it until next week?
When is it proposed to take the Electoral (Amendment) Bill, 2000? The Leader of the House said that he would inform me of the position today. When will the Transport (Railway Infrastructure) Bill, 2001, be introduced?
I call for a debate on whether we are still spiritually closer to Boston than Berlin following the behaviour of the US Government. I know where I am spiritually on that dichotomy.
We all do.
Mr. Ryan
I hope the Tánaiste will come to the House to explain her position on the topic.
With regard to the business the House is expected to discuss in the next few weeks, I understand there are four Bills to amend the Constitution. Since 1937, there have been 25 Bills to amend the Constitution, which is an average of one every three and a half years. If we are to take four Bills within the next month, since there must be one month between the passage of such Bills through the Oireachtas and the holding of a referendum, will the Leader explain how he proposes to allocate sufficient time to deal with such a serious matter? Four constitutional amendment Bills are almost as many as we took in any previous ten year period.
I welcome the arrangement for a debate next week on foot and mouth disease. I ask the Leader, if possible, to involve other Ministers concerned, or to have an input from their Departments to that debate. Senator Caffrey referred in particular to problems in relation to tourism, finance etc. In the present devastating situation in County Louth, there is a major problem for people who have outstanding debts with financial institutions. The Government should intervene with the banks and other finance houses and insist on a moratorium on payments for the duration of the foot and mouth disease crisis. Provision should be made for any other possible help to people in County Louth and elsewhere in the country who are affected by this national crisis. Next week's debate should be as broad as possible, with inputs from all relevant sources.
I agree with the comments of other Senators in relation to the Kyoto agreement. I ask the Leader to urge the Government to lodge a strong protest. President Bush said that it was not in the interest of the USA to proceed with that agreement. The sub-text of that statement is that it is not in the interest of the oil companies, particularly those in the state of Texas.
Will the Leader tell the House when the promised disability legislation will be introduced in either House of the Oireachtas? This long-promised legislation is overdue. It is particularly pertinent in view of the Sinnott case and other heart-breaking cases concerning children with disability.
Senators Manning, O'Toole, Costello, Dardis and many other Senators expressed concerns about ongoing problems arising from the foot and mouth disease. Next Tuesday, the Minister for Tourism, Sport and Recreation will be in the House to update us on relevant developments relating to his Department's portfolio in particular and also, I hope, in the wider context of the current situation. It is my intention that on each Tuesday the House will be given an up-to-date briefing on the matter, following the Government meeting.
I strongly support the comments made by Senators on the announcement by US President Bush in relation to the Kyoto agreement. I will convey those views to the Minister for Foreign Affairs this morning, following the Order of Business. I find the US announcement unbelievable and unacceptable. It does no good to the credibility throughout the world of the United States, and I say this with reluctance. It portrays a different image to that of the US under President Clinton's administration.
Senators O'Toole, Costello, Dardis and Coghlan referred to the proposed changes affecting O'Connell Street in Dublin. I will allocate time for this issue, including Senator O'Toole's request for a debate on the implications in the context of Article 40 of the Constitution and the right of peaceful assembly. In the month of September, I have no doubt that Kerrymen would not be prevented from getting to Croke Park, regardless of whether O'Connell Street was open or closed. However, it is a fundamental right that there should be public access to this historic place, including the GPO.
I know a trader with three premises on O'Connell Street who has had no consultation whatsoever on the proposed plans. There should be consultation with the taxpayers and those who give major employment in O'Connell Street. I note that the views expressed by Senator Costello today differ from those expressed on the RTÉ television programme "Questions and Answers" last Monday night and I welcome his expression of support. The public certainly has rights in this matter but so also have the people who are making their living in O'Connell Street.
Senator O'Toole expressed strong views on investment managers drawing high salaries and on the need for shareholders in public companies to be properly informed. I will convey the Senator's views to the appropriate Ministers and time will be allocated to this matter.
Senator Costello called for a debate on the Nice treaty. There will be a debate in the House during the coming weeks on all referenda, I understand. While I cannot be certain at this stage, it seems unlikely that the referenda will take place on 31 May, in view of the foot and mouth restrictions. Those referenda and the by-election which is also due to be held will take place as soon as the foot and mouth disease emergency abates. I know that the common sense approach which has prevailed among all political parties during this crisis will continue to apply.
Senator Farrell called for a debate on violence in society. I will set aside time for this. The programme makers of television, radio and film shows have a lot to answer for in this regard.
Two eminent Senators from the medical profession, Senator Henry today and Senator Leonard yesterday, expressed very strong concerns about the treatment of non-EU nationals and particular events of recent days. I will convey those views to the Minister for Health and Children and time will be allocated to debate the issue.
I will pass on Senator Hayes's words of congratulation to the Minister for Foreign Affairs concerning the grant aid which the Minister gave to the Apprentice Boys in Derry.
In response to Senator Jackman, I said that I would allocate time for a debate on autism. I cannot see it being fitted in before the Easter recess but we will allocate time immediately after that for this very deserving topic.
I will convey Senator Coghlan's views to the appropriate Ministers concerning the restrictions on access to Killarney National Park. This matter can also be raised when the Minister for Tourism, Sport and Recreation is in the House next Tuesday.
Senators Caffrey and O'Dowd called for the intervention of the Minister for Finance in matters affecting people who are running small businesses in Ireland generally but with special reference to County Louth. Like everybody else, the banks should play their part in this situation by reviewing accounts and extending repayments, or perhaps suspending them for a period of three to six months. Small business has been the backbone of the revival of our economy. In view of the wonderful profit returns enjoyed by the banks over the past five or six years, they should show a spirit of generosity in dealing with the current problem along the lines which Senators have suggested this morning. If that is not forthcoming, I have no difficulty in inviting the Minister for Finance or, perhaps, the Taoiseach to the House to address the problem as a matter of urgency.
In reply to Senator Ryan, the Waste Management Bill is being published today and will be debated in this House all day next Wednesday. I am still awaiting word on the Electoral Bill and the Transport Bill and I will contact the Senator's office later today. I will also contact Senator Keogh about the disability Bill.
Order of Business agreed to.