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Seanad Éireann debate -
Wednesday, 2 May 2001

Vol. 166 No. 8

Order of Business.

Today's Order of Business is No. 1, Twenty-third Amendment of the Constitution Bill, 2001 – Committee and Remaining Stages; No. 2, motion re information to be issued to voters in connection with that referendum, to be taken without debate; No. 3, motion re Referendum (Ballot Paper) (No. 3) Order, 2001, to be taken without debate; No. 17, motion No. 24, not to be taken before 3 p.m., with the contributions of spokespersons not to exceed 30 minutes and of all other Senators not to exceed 15 minutes; No. 17, motion No. 25, to be taken from 6 p.m. to 8 p.m. Business, if not previously concluded, will resume thereafter. Business will be interrupted from 1 p.m. to 2.30 p.m.

The Order of Business is agreed to. Will the Leader of the House indicate, either today or later, the legislation he intends to bring before the House between now and the end of the session, which I understand he said will be in late July? I draw the House's attention to a report from a Government spokesperson in The Irish Times today to the effect that the referenda will go ahead on 7 June after the Oireachtas passes all four Bills tonight. The Government spokesperson should be reminded that there are two Houses of the Oireachtas and two of the Bills have not even reached Second Stage in the Seanad. It may be indicative of the approach the Government intends to take to the two Bills which will come before the House today and tomorrow.

Is the Leader of the House aware that the Bill relating to the Judiciary will be heavily amended in the other House today and that it may even be guillotined? That is none of our business – it is not how things are done in the Seanad – but is the Leader of the House happy that there will be sufficient time for spokespersons to study the amendments and be fully up to speed when the Bills reach this House? Is he happy that there will be sufficient time for the two debates on Thursday and Friday?

Much progress on many issues was made in our recent discussions under the chairmanship of Senator Manning about the Standing Orders of the House. A matter raised consistently was the more creative use of Government time. On behalf of the Independent group, I congratulate and thank the Leader of the House for taking a step forward in that direction by enabling a Private Members' motion to be taken today in Government time. This is how the House can make progress and allow debates on non-contentious issues to take place. These debates are not intended to cause problems for anybody, but they will allow consensus to be reached. I welcome this development for which I thank the Leader of the House.

It was said on a number of occasions that the House would return to the issue of industrial relations, how they are developing and the process of partnership in that regard. I draw the attention of the House to another unacceptable face of capitalism, the ongoing row in AIBP. I ask Members to recognise that such incidents cause workers to lose confidence in the development of the economy. I remind the Leader of the House that this area needs to be discussed in order that workers will be aware that there is a view among public representatives that the wealth of the economy should be shared by all the people of the nation.

Given the refreshing and more flexible approach of the Leader of the House to discussing items of concern to Members, will he arrange a debate on the Amnesty International report on human and civil rights in Ireland published recently? Worryingly, this report found huge abuses of human rights regarding the detention of persons in custody, the operation of the Offences Against the State Act, judicial and legal procedures in relation to asylum seekers and a range of other issues on which it has reported over a number of years. The 1993 and 1998 reports of the European Council committee on the prevention of torture also found worrying aspects in relation to the detention of persons in Garda and prison custody. Ireland is in the process of abolishing the last vestige of capital punishment, but it does not have its house in order according to respectable organisations such as Amnesty International and a European body in relation to domestic civil and human rights.

I agree with Senator Manning about the manner in which we are dealing with all these amendments to the Constitution in the one week. That is fine so long as the amendments are not contentious, but when they are – the amendment dealing with the Judiciary is proving hugely contentious in the other House – we should consider whether more time should be made available. We are not just dealing with legislation with which we need to take great care but with constitutional amendments, the inclusion of which in the Constitution we will ask the people to vote on. Nothing like that should be rushed and perhaps the Government should review the schedule for dealing with these amendments.

Given the statement by the Minister for Health and Children yesterday on the report that one in three people in Ireland will develop cancer by 70, there is an urgent need for a debate in the House to see what preventative measures can be taken. When people are killed on the roads, there is a public outcry, yet 4,000 people die annually from cancer, which is caused by smoking and other factors. Will the Leader ask the Minister to ensure the cancer screening service available in the east is made available immediately to people in the west and south? All the people of the nation should be treated equally. The people in Lyracompane in County Kerry are just as good as the people in Dublin 4. It is important we have this service.

I always thought they were better.

Will the Leader provide time for a debate on the Government's spatial strategy, or what is nowadays called balanced regional development? I raise this in light of a national conference in Galway which was partly sponsored by the Department of the Environment and Local Government at which the head of the team examining the Government's spatial strategy told us that, by the year 2020, the population of Dublin will reach 2.4 million, which will be more than 50% of the total population of the Republic. More than one million people live within the greater Dublin area, which is more than 40% of the total population, and the infrastructure in the city and its environs is creaking because of this high level of population.

The Government parties' 1997 election manifesto was shot through with phrases about balanced regional development and later in the programme for Government with the Progressive Democrats, there were many references to balanced regional development. Current policies clearly do not lead to that end. The Cathaoirleach is remonstrating with me to sit down, but it must be said that this is an important issue which needs discussion in the House. The demographic pattern of the country and the economy are badly skewed in favour of a number of relatively small areas. We need—

Senator Connor has made a very good case for the debate he seeks.

I hope the Leader is listening and that he will provide time at an early stage.

Three years ago I asked the Leader if new legislation could be initiated dealing with the Gaming and Lotteries Act and I made the point that existing legislation was outdated and archaic. Is there any possibility that amending legislation could be introduced during the term of the Government?

I call for a debate on the shameful position regarding orthodontic treatment, especially for less well off young people. It is frightening that there are four to six year delays in this area. It is an ongoing problem for which I do not blame the Minister. I raised a similar query ten years ago. It is shameful and disgraceful that young people, especially those who are less well off, must wait four to six years for orthodontic treatment, by which stage they have grown up and their teeth have developed to such an extent that the situation cannot be rectified. That is a disgrace.

I join Senator Connor and support fully his sentiments regarding the conference in Galway and the issues discussed there. The decentralisation of Departments and of private sector firms is very important. There is a need to discuss that in the House and for a national policy on it to be formulated.

I support the sentiments of Senator O'Toole regarding the AIBP workers. It is a disgrace that, despite the fact that these people have given a commitment to an industry which has undergone its fair share of turmoil—

We are not discussing this matter now. I take it the Senator supports the call Senator O'Toole made for a debate.

It is very difficult to see these workers—

These are points which can be made during the debate which has been sought. I cannot allow that debate to be pre-empted on the Order of Business. I take it the Senator supports the case Senator O'Toole made for a debate on the matter.

I strongly support it and ask the Leader to bring the issue to the attention of the relevant Minister.

Will the Leader afford us the opportunity of a debate on the deregulation of the telecommunications industry? I ask this in light of a recent court decision which found that Eircom did not have a monopoly in Ireland. That is strange because 300 people are being made redundant because their company cannot obtain a licence from Eircom. If the legislation establishing the Office of the Director of Telecommunications Regulation is insufficient to allow the regulator to intervene and grant a licence to the mobile phone company in question, we should have a debate in the House to see if amending legislation is needed. It is strange that, at a time when we support deregulation, inadequate laws or a lack in the approach taken have caused the downfall of this company and have caused a major opportunity available in other European countries to be denied to entrepreneurs in this industry in Ireland.

While I am delighted more money is being spent on infrastructure in the Dublin region, the allocation for Cork Airport has not been forthcoming. I have continually requested for six months for the relevant Minister to explain to the House exactly what is happening. It is unfair that the number of passengers going through Cork Airport increases substantially every month without any improvements being made. It does not help the country as a whole. Dublin is doing very well, and more luck to it, but if traffic through it comes to a stop, we would like the rest of the country to be moving.

I support Senator Costello's call for a debate on the Amnesty International report and on human rights in general. While Ireland has a relatively good record in this regard, it is important we do not be complacent. It is often the case that human rights abuses are perpetrated in an atmosphere of complacency. If we are to continue to be seen internationally as a moral force where human rights are concerned, we must be above reproach. In this regard, we should be pre-emptive in ensuring there is no abuse in this regard in Ireland.

In weather such as this, I am reminded of the story of the man whose roof always leaked. When asked why he did not repair it during the summer, he said it did not rain then. Every year we see and hear reports of the flooding which takes place in different parts of the country, especially in Carlow and Clonmel. I saw reports on the television this morning of serious floods in England. I hope the Minister for the Environment and Local Government is responding to the pleas from those parts of the country which have this experience and is doing something about the matter in order that we will not be surprised when it happens next.

I was not aware until I read in a Sunday newspaper of the plans for the removal of the plinth outside Leinster House. I am not sure what consultation takes place, but Members could be regarded as its residents, if there are residents. I read last Sunday that all the car parking spaces will be taken away and replaced with well clipped shrubbery and grass. That may be a worthy objective and everyone else may have been aware of the decision, but I was not. I hope consultation will take place with the residents of Leinster House.

There has been preliminary consultation with the Committee on Procedure and Privileges. In due course there will be further consultation with Members.

It is not consultation when one is told what is happening and not asked for a view on it.

Will the Leader of the House request the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Kitt, who has responsibility for the Health and Safety Authority, to come to the House to debate the very worrying figures released yesterday regarding accidents due to assaults on staff in the health care sector? The figures have increased considerably since 1994 and are now very worrying.

Will the Leader of the House arrange a debate on the health service, particularly the extension of the medical card system? I strongly support the view of the Government that the scheme should be extended to all citizens aged over 70 years who have paid their taxes and made sacrifices for the country. I welcome the call made by health boards today to extend the medical card system to all teenagers. The service should also be extended to those suffering from long-term illnesses, particularly those suffering from asthma who face medical expenses of more than £1,000 per year. This question should be at the heart of the proposed debate.

Before Easter we reviewed the foot and mouth problem weekly. It would be useful to return to the matter. I hope the Leader of the House can find time to do so within the next week or so. I welcome the measures introduced yesterday by the Minister for Agriculture, Food and Rural Development relaxing the restrictions on access to hill walking and allowing a resumption of angling on 11 May, although it is important that people behave responsibly. I also welcome the relaxation of restrictions on animal movements within farms, from silage pits to fields and so on. The restrictions on movement have imposed much hardship on the agricultural community. Everything that has been done so far, however, has been sure-footed and it is prudent to continue the measures. We cannot assume that the disease has been eradicated, particularly given the situation in Northern Ireland.

The farming organisations have been less than generous to other sectors of the community. People have made huge sacrifices, apart from the significant sacrifices made by the farming community. Some generosity regarding the contribution made by the wider community should be shown by the farming organisations.

With regard to Senator Quinn's query, can the Leader of the House confirm my understanding that there will be an underground car park in which there will be designated spaces for Members? This is an important advance, if true. If it is true, will the Leader of the House try to ensure the arithmetic is appropriately calculated? Someone appears to have made incorrect calculations when the office space was being built and large numbers of Members of this House were not included in the new office arrangements. One hopes car parking space will be designated and made available to all Members, particularly in view of the inconvenience caused sometimes by the parking of ministerial cars, which blocks access for Members of both Houses.

There has been a call for a discussion of the findings in the recently published report on cancer. We should await further investigation of the causes of cancer. It has been stated that people living in Dublin have a 60% greater chance of contracting cancer than those living down the country. It is also claimed that radon gas will cause more cancer than living in "poverty" in Dublin. If poverty is a cause of cancer, why do people in poverty stricken parts of the world not die of it? There must be a full investigation of the causes of cancer before we debate the matter. When a member of a local authority I often claimed that if something was not done at a particular crossroads, within one week there would be a fatal accident. If, after raising the matter repeatedly, a fatal accident occurred at the crossroads, I had to ask myself if I had caused it. We should not rush to call for action to be taken on the link between poverty and cancer until the matter has been investigated fully.

The report states that more than 75% of men over the age of 65 years have a cancer of some description. These cancers are not discovered until post mortem examinations take place. Will the Leader of the House arrange a debate on the recent report, but in the light of investigation? This matter must be dealt with properly.

I agree with the remarks of Senator Dardis regarding the ongoing foot and mouth problem and apologise if I caused him offence yesterday. I did so inadvertently. I left as I had another appointment. I like to hear the responses of the Leader of the House even when he does not answer queries.

I was not referring to Senator Coghlan particularly.

I welcome the relaxations announced yesterday, particularly the reopening of attractions on 11 May. I do not see the need for the closure of attractions such as Muckross House and Ross Castle, when all the neighbouring lands are open and, as a Member of the Dáil said, "the deer have the roads haunted". Such closures do not make sense.

I endorse what has been said by Senator Dardis. It appears that the nightmare of foot and mouth disease is coming to an end. Following on what Senator Quinn said about flooding, will the Leader of the House arrange for the Ministers for Justice, Equality and Law Reform and Agriculture, Food and Rural Development to come to the House to demonstrate what new action is being taken and additional resources provided to eradicate smuggling, which seems to be endemic in the country? We should not wait for the next outbreak of foot and mouth disease.

Senator Manning called for a list of legislation to come before the House. Yesterday, I informed the House of the 13 new Bills which the Government hopes to publish this term. I will give that list to Senator Manning after the Order of Business. Senator Manning also asked about the timeframe for the constitutional amendment Bills. I agree that one of them is being greatly amended in the Dáil. I have no hesitation in proposing that the House sit on Saturday, or very late on Friday evening, to ensure every Member has an opportunity to debate the proposed amendments. Every Senator will have an opportunity to make his or her contribution over the coming days. If necessary, we will sit on Saturday.

Senators O'Toole and Hayes called for a debate on industrial relations. I have no difficulty in allowing time for it. I am in favour of workers getting their fair share of the wealth of the Celtic tiger. Senators Costello and Ó Murchú called for a debate on the Amnesty International report. Time will be allowed for this.

Senators Kiely and Lanigan called for a debate on cancer. It is a worthwhile suggestion and we will have time for it. Senators Connor and Hayes called for a debate on the Government's spatial strategy. They can have as much time as they want for this because it is Government policy to distribute the wealth of the Celtic tiger throughout the country. The IDA has received instructions on this and it is now its policy. As Senator Connor knows, it has moved part of its operations to Sligo and another close to his constituency in Athlone.

It has been there for 40 years.

The Government is taking the problem seriously, particularly in the BMW region. The issue could be debated in conjunction with the debate for which Senator Burke has called many times.

Senator O'Donovan called for a debate on gaming and lotteries and I have no difficulty in allowing time for it. He drew the Government's attention to the long delays people are experiencing in obtaining orthodontic treatment. The Government has a pilot scheme in the Eastern Health Board area relating to this. If this is successful, it will be put into operation throughout the country.

Senator Cregan, a long-standing and distinguished Member, has raised the issue of funding for Cork Airport. I will personally pass on his request to the Minister. A major investment is about to be put into Cork airport. I know he has been a great champion of the people of Cork.

In relation to the statements of Senators Quinn and Norris, I understand a report on flooding has been published. If so, we will debate it in the House.

Parking and other improvements are being proposed for our consideration at Committee on Procedure and Privileges level. I hope we will have the opportunity to discuss the proposed changes before we make a decision at Committee on Procedure and Privileges. As Senator Manning said, nothing will be agreed until we have a full debate because the facilities in question will be here for the next 100 years, assisting the Members and staff of the Houses, the number of whom is around 600. An enormous number of people come here on a daily basis, apart from the general public, to conduct business and run the affairs of the Houses. The proposals will be very helpful, but the Members should discuss them in consultation with the Committee on Procedure and Privilegess. I fully agree with what has been said here this morning.

Senator Moylan called on the Minister of State, Deputy Kitt, to have a debate on health and safety and Senator O'Dowd called for a debate on the health services. We all welcome the announcement in the budget by the Minister for Finance that medical cards will be provided to those over 70 years of age and to other sections of the community, as has been pointed out recently. We all look forward to having a free medical service, but it is just not possible at present other than for those most in need of it. However, we certainly should discuss the matter in the House.

Senators Dardis, Coghlan and Quinn all made their views known on the position on foot and mouth disease. It has been the policy of the Government, through me in this House, to update the House on a weekly basis on the foot and mouth disease problem. Because of the Bills concerning the referenda in the House this week, I hope we will renew the debate next week. A timeframe for doing this will be agreed between the leaders and the whips after this morning's Order of Business.

Order of Business agreed to.
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