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Seanad Éireann debate -
Wednesday, 21 Nov 2001

Vol. 168 No. 14

Order of Business.

The Order of Business is No. 1, motion re Electricity Regulation Act, 1999 (Eligible Customer) Order, 2001, to be taken without debate; No. 2, European Communities and Swiss Confederation Bill, 2001 – all Stages, with the contributions of spokespersons not to exceed 20 minutes and those of all other Senators not to exceed 15 minutes and on which Senators may share time; No. 20, non-Government motion, to be taken from 6 p.m. to 8 p.m. and business, if not previously concluded, will resume thereafter.

I have no difficulty in taking all Stages of No. 2 today. This should have been taken much earlier. We are one of only three countries in the EU which have yet to ratify this Bill. I asked the Leader two weeks ago if he could indicate what business he intends to bring into the House between now and the end of the session. He told me he would have an answer for me today and that he would indicate today the legislation he intends to introduce between now and the end of the session.

I ask the Leader if a debate could be arranged on an issue which is causing great anger in the country at the moment, and that is the entire Eircom debacle. It is very clear that there are very many thousands of losers and very few winners, but the winners won big. Some people made enormous sums of money at the expense of the small investor. I want a debate, not on how the Stock Exchange works but on the role of the Government in all of this debacle, how it was hyped up by the Government in the early stages, the selling, the false promise and on the incompetence which surrounded so much of the handling of this issue. There is a real need for government accountability on this issue. Promises were made and expectations were raised. Hype surrounded the entire issue and the Government behaved at the time as if it was its own idea – which it was – and as if it was part of the giveaway to the ordinary person. The people want this issue debated. They are doing so already on the airwaves. It is time to have a full debate in this House.

I remind the Leader with respect that every day the items on the Adjournment are issues to do with education. He has given a commitment to have a full debate on education. Many of these issues could be aired and questions could be put to the Minister and the issue thrashed out properly. I insist that we address that issue.

Some months ago I raised with the Leader the importance of having a debate on transport policy. Perhaps other Members are better informed than I but the idea that the Government has taken a decision to take freight off the railways and put it on the roads at a time when the whole world is talking about road congestion, at a time when the incidence of traffic accidents is at a peak and the idea of putting more trucks on the roads seems like absolute madness. I want to hear what the Government's policy is and whether these reports are correct. This is a matter of fundamental importance. All over the country people are talking about traffic and road safety and we will be debating that tonight on Senator Quinn's motion. If a facility such as the rail network is being put aside and even closed down in some instances, it makes no sense at all in the light of the stated policy to make the roads more usable and safer.

I do not agree to take No. 1 without debate. It is a significant issue which raises many questions. I do not have any objection to the thrust of it and I will not enter into that debate now, but winter is approaching and we need to know if this is just an attempt by Government to make more electricity available before we run out during winter or if there is a real issue here. This is something which will not be capable of giving us more electricity until a couple of years into the future. I want to hear the Government's view on this issue. I do not accept that the motion should be taken without debate. I am happy to have a short debate but people have a view on the issue. I do not know if it is appropriate to put an amendment on the question of whether there should be a debate, and perhaps the Cathaoirleach will guide me on this matter. This is a serious matter which affects every household in one way or other. The cost of electricity is something about which we are all concerned. May I object to the Order of Business on the basis that it is proposed that this matter be taken without debate, without putting forward an amendment?

I thank the Cathaoirleach.

I second Senator O'Toole's proposal in regard to taking this matter without debate. I have raised on a number of occasions the question of matters which should be debated for at least a short period of time before they are passed. This pertains to the deregulation of electricity supply and the liberalisation of the market, which has enormous implications and deserves debate.

Last week I called for a pre-budget debate on the economy in the presence of the Minister for Finance. Now that the Estimates have been published we could consider the various areas that need to be addressed such as the matter raised by Senator O'Toole, which is widely covered in the newspapers, regarding the 73 primary schools that are unsafe and require substantial refurbishment. Most of these shortcomings relate to basic matters such as drinking water, the quality of playgrounds and so on. There is nothing in the Estimates about this issue, which is just one example of matters that should be drawn to the attention of the Minister. We also need to look at it in terms of the global economy and the sectors which have been most severely hit since the downturn, particularly Aer Lingus.

Will the Leader ask the Minister for the Environment and Local Government to come into the House at an early stage – I made this request last week also – to address issues arising for local authorities in putting together their estimates, such as the waste management strategy, house construction, lack of social and affordable housing and increasing rates of homelessness?

I support Senator Manning's call for a debate with the Minister for Public Enterprise on the issue of Eircom. This is a major issue in terms of how it was presented to the people.

These are points which can be made when the debate which has been sought takes place. We cannot go into the detail of the matter now. I take it you are supporting the request for a debate on that matter.

I am supporting it for the reason that this is a public utility that has been sold to venture capitalists. There was an announcement to the effect that 3,500 jobs are about to be lost and we are in danger of losing control over that public utility. Many people lost a considerable amount of money because of what was presented under false pretences in terms of the advertising campaign on this matter.

It is with regret that I ask my colleague, Senator Cassidy, to allocate time, perhaps next week, to consider the proposed closure of Foxteq in Mullingar with the immediate loss of 89 jobs and a further 20 or so to be lost in February when the plant will be completely shut down. I ask that everything possible be done to try to rectify the situation such as the immediate establishment of a task force. In making this request, I ask for the support of the House.

I support Senator Manning's call for a debate on the Eircom situation, particularly because just this afternoon I heard an elderly pensioner talking about the fact that he and his wife had invested substantially during all the hoo-ha and now he is being forced to give back his shares at a price determined by Valentia Telecommunications. There is an issue of freedom of operation here. People should be allowed to keep their shares and not have to sell them. Stockbrokers tell people it is better to leave them in. It is outrageous in a democracy that people should be coerced into surrendering shares they bought in good faith.

There have been calls for a debate on Northern Ireland but I am not sure that is appropriate at this time. However, I am sure Members on all sides would wish to congratulate the Police Service of Northern Ireland on locating and defusing a large bomb. It is an important matter and the police deserve the congratulations of all people in this country who like democracy.

Will the Leader see if there is any possibility of bringing legislation before the House to tidy up the Bill which regulates pyramid selling? The Bill was passed in the House in 1980 but there are loopholes in it, particularly in regard to Women Empowering Women in the Swords area. It is really women ensnaring women and it seems the Garda is powerless to operate against pyramid selling. There is a defect in the law and the House should be able to rectify it simply.

I repeat the call I made last week for the Minister for Justice, Equality and Law Reform to come into the House to explain asylum policy. There was a different issue last week. This week it is the case of brilliant 16 year old Moldovan female student who is about to be deported to Moldova despite the fact that she is the star pupil of a school in Bray. We are entitled to an explanation of the way this asylum policy works.

I concur with Senator O'Toole's comments on the transport problem, particularly in regard to the regulation of the movement of heavy good vehicles during the day. This issue should be examined as Christmas approaches.

I am gravely concerned about alcohol-related advertising because advertising standards are being breached. While the Minister for Health and Children has also expressed concern and is setting up a committee to examine this issue, false messages are being given to young people regarding their confidence and self-esteem in radio and television advertisements. Statements on this issue would be worthwhile. Alcohol and speed-related accidents occur regularly and affect every walk of life. This would be a golden opportunity to tackle false advertising of alcohol products.

Last week I questioned the Leader about the risk management regulations under the Health Insurance (Amendment) Bill, 2000, and I expected a reply from the him today. We were told previously they would be brought before the House in October. I have not received a reply from the Leader even though he said he would get back to me.

I call on the Minister for Arts, Heritage, Gaeltacht and the Islands to come to the House to explain why she considers the axing of £370,000 from Radio na Gaeltachta's budget to be justified, given everybody's support for the Irish language and North-South links relating to radio broadcasting and the progression of the language.

It is almost six months since we debated the operation of the National Roads Authority and it is time we had a further debate because the NRA is riding roughshod over every local authority.

Hear, hear.

I came across another example of this earlier this week when the county engineer in Kilkenny informed the county council he had no responsibility for safety on the new road between Waterford and Carrick-on-Suir but he would report to the council what he learnt from the NRA safety officer. Despite the horrific crash which took place in County Louth, there will be 13 right-hand turns on a 5.7 kilometers new stretch of road in south Kilkenny. This means people will be stopped in the middle of the road and there will be accidents. The relationship between the Oireachtas and the NRA must be debated as a matter of urgency.

On the suggestion that there should be a debate on Eircom and what has happened to investors, when the company was floated on the stock market it was very successful. In terms of its impact in Ireland, it had more than 80% of the land lines.

We are not having that debate now.

The price that was obtained was probably not high enough. We must have a debate on what has happened since and the responsibility of the board of that company.

The Senator has made his point.

I am pleased Senator Lanigan has realised the full extent of the powers of the National Roads Authority and the lack of power of councillors in that regard. However, it is a little late. I hope it is not too late for Irish Rail in light of recent reports that the Government plans to reduce the amount of freight the company will carry. This will be a disaster not only for the company but for the wider community using the roads because of the increased element of risk it presents at a time when we are all abhorred at the high number of deaths on the roads. I ask the Government to look carefully at the issue and realise that what is happening is a complete and utter disaster. It is a backward move which is environmentally damaging and downright dangerous. It is an increasingly irresponsible move for all the reasons I have set out.

Will the Leader of the House ask the Government to respond to the issue of violence against children given the high number of deaths of children through domestic violence? I ask for a considered response on the issue which we have not had to date despite the very disturbing levels of deaths of children.

I agree with much of what Senator Ormonde said on the issue of alcohol advertising, which would be a useful debate. I ask the Leader to ask the Government when it intends publishing the long-awaited health strategy.

Will the Leader ascertain from the Minister for Education and Science why he sanctioned a book entitled The Magic Emerald for inclusion in the school curriculum?

I understand this may be the subject matter of Senator Jackman's Adjournment matter and, therefore, it would not be in order to pre-empt it on the Order of Business.

I do not wish to do so. I apologise to Senator Jackman. I understand the book has passages—

(Interruptions.)

—on old people, which is an absolute abomination.

I support Senator O'Toole and others on the transport issue. Never before in our history was there such a need for freight to be taken on the roads. I ask the Leader what the Government is doing about the matter. CIE must not be allowed—

These questions may be asked during the debate which has been sought.

I am seeking a debate and I wish to ask these questions. It takes more than an hour to get in and out of Dublin. The position has greatly deteriorated.

(Interruptions.)

I support Senator Manning's call for a debate on the Eircom debacle. Small investors bought shares on the recommendation of the Minister and it is time the issue was debated in this House.

On a point of clarification in the context of Senator Jackman's remarks about the Government reducing the Radio na Gaeltachta budget, it is RTE itself, as part of its cost-cutting structure, not the Government or the Minister, that is making the cuts and it is unfair—

The Minister has responsibility.

Does the Senator have a question or a request for the Leader of the House?

I assume the Leader will reply to the matters raised on the Order of Business. It is not for other Senators to reply to those matters.

I am suitably chastised. My question relates to a contribution made last week at a meeting of the Joint Committee on Environment and Local Government by the Irish Planning Institute during which it referred to draft regulations with the Department of the Environment and Local Government. According to reports, if they come into effect it will mean an exemption from local planning obligations for the location of mobile phone masts. The Department of the Environment aqnd Local Government, according to a story in the Irish Independent, confirmed that there is an exemption included in the draft regulations.

Although it may not exercise the minds of many of my colleagues, this matter does concern the people of County Leitrim and the north-west. It is a double-edged sword however because large parts of my county do not have proper mobile phone coverage due to objections to the masts being erected by Eircell and Esat. I am sure Senators will agree that this does not help inward investment. However, there are real concerns and I do not wish to take away from well-meaning parties.

If these draft regulations are to be given effect, they will create difficulties for a variety of people. I ask the Leader of the House, in the context of the request for the Minister to come to discuss the National Roads Authority and other matters, to clarify the position in relation to these draft regulations as they are currently being reported, bearing in mind that I do not want to add credence to those reports.

I support the request by Senators Manning and Norris for a debate regarding the price for Eircom shares when the company was floated. I remind the Member of the Opposition who spoke earlier that the price was set by the Minister against the recommendations of Eircom. If Aer Lingus had come on the market, would it have been sold in the same way?

I support the call from a Member opposite for a debate on the National Roads Authority. If the Senator had been listening carefully to this side of the House, he would have heard us say that a body like that, which has such guaranteed independence, is guaranteed to ride roughshod over people. This is only beginning to dawn on Members opposite as the election draws near.

In relation to what Senator O'Toole said regarding heavy goods vehicles, trucks should have some form of skirting to prevent mud splashing off them. I know it is an issue I should raise elsewhere but I do not know where. We should impose regulations to ensure that this splashing is minimised.

I ask the Leader of the House to request that the Minister for Health and Children come to the House to explain what action he plans to take in light of recent reports that the causes of lung disease are not sufficiently investigated in Ireland. This is a serious problem because we do not know what steps to take to prevent it.

Lung disease is a greater cause of death than any other in Britain, according to research published there today. With the exception of four countries from the former Soviet Union, Ireland has the worst record in the world. It is startling to note that a recent report here stated that we do not investigate the causes despite this fact. This may be included in the debate on the health strategy that Senator O'Meara has sought but it is time the Minister came to the House to explain what action he intends to take in this area.

I support Senator Norris's points regarding the student in Bray who is facing deportation. From the newspaper reports, it is quite clear this family has everything to fear in being deported to Moldova from where they came. We have had many debates on this issue in this House, some of them very angry and undignified. The anger and indignity came from the chair, not from the floor. However, when the Minister was dealing with the Immigration Act, 1999, in this House, he said he would welcome an early review of the operation of the Act. If this young lady is deported to Moldova it will amount to a case of refoulement, which is specifically prohibited under our international obligations. I urge the Leader of the House to ask the Minister for Justice, Equality and Law Reform when he will be available to come back to this House to carry out the review of the Immigration Act.

I again ask the Leader when we might have a debate on the livestock industry. It is just over a year since the discovery of BSE in France and one or two other countries set off a chain reaction, which has done enormous damage to the livestock industry, especially the export sector. The response to this by Government has been considerably less than adequate. The Leader of the House has been very good during the foot and mouth crisis this year. He allowed time for numerous debates during which the Minister or one of the Ministers of State gave us an update on the fight against foot and mouth disease. I think this is the fourth time, a Chathaoirligh, I have trespassed upon your indulgence to ask the Leader of the House for a debate on the livestock industry and related issues. I hope this can be held within the coming weeks.

Senator Manning inquired about the forthcoming legislation for the remainder of this session. I will inform the House after the replies to the various questions that have been put.

Senators Manning, O'Toole, Costello, Coghlan and Coogan called for a debate on Eircom shares and the Government's role. I have no difficulty in allowing time for this.

Senators O'Toole, Manning, O'Meara, Coghlan and Coogan called for a debate on transport policy, particularly the mooted change in policy to have freight transported by road rather than rail as reported in the press over the weekend. I have no problem in allowing time for this also.

Senators O'Toole and Ormonde called for a further debate on education. I can allow time for this. Senator O'Toole also spoke about No. 1. This was laid before the House on 20 June and I ask for the co-operation of the House in relation to it.

Senator Costello called for a debate on the economy. The budget will be introduced in two weeks. The key ingredient to all success in business or any walk of life lies in confidence. I hope people do not start to talk, for political gain, about a recession that does not seem to be there. Yesterday in America, we saw a rise in the markets.

The markets were down yesterday.

It will not be long before I see everything being restored to where it was.

Senator Costello also called for a debate on local authorities. I have no difficulty in allowing this, but it will not be before the Christmas recess. Senator Glynn called for a task force to be set up by the Tánaiste in relation to the closure of Foxteq in Mullingar. We all know that the midlands are being very badly hit at present. I will pass his views to the Tánaiste immediately after the Order of Business and I will add my name to it also. If necessary we will come into the House—

If there is no recession how are the midlands so badly hit?

—because the midlands have to be looked after, the same as every other part of the country. Senators Norris and Connor have called for various actions to be taken on the Government's asylum seekers' policy. I will pass those views on to the Minister. I understand that every application is being considered individually.

Senator Norris has also called for a debate on Northern Ireland and I join with him in congratulating all those involved in stopping that dreadful bomb in Armagh and having it defused. Senator Norris also raised the issue of pyramid selling and I will certainly pass his views on to the Minister. Senators Ormonde and O'Meara have expressed strong views on alcohol-related advertising and the glorification of alcohol through the use of sports stars and those who have been successful in other walks of life. I agree with their views and I invite the Senators to make their views more broadly known tonight during Private Members' Business. Senator Jackman called for a debate on health and the insurance industry, I will provide time for that. I agree that budgets are set by the RTE Authority for the television and radio channels for which they are responsible.

Senators Lanigan and O'Meara have called for a debate on the National Roads Authority. I think we have had two or three debates in the lifetime of this Seanad on this subject and I have no difficulty in allowing another take place as soon as possible. Senator O'Meara has called for a debate on violence against children and I will certainly provide time for this. That very sad incident in Moate, County Westmeath, last week brings the horror home to all. Senator O'Meara also inquired when the health strategy will be announced. I understand it will be announced early next week, probably on Monday.

I will pass Senator Mooney's views on to the Minister. I will also pass Senator Quinn's views on to the Minister. What he has stated is alarming and I will certainly have the Minister here before Christmas to discuss this report. I did not realise that the report was published. Perhaps the Senator will give me a copy of it. I will provide time to discuss this very serious matter.

Senator Connor has called for a debate on the livestock industry and related matters and I will provide time for this, I have always been forthcoming in giving every opportunity to the many hard working Senators who have been elected to represent the agriculture sector.

Thank you.

The Senator should stop bleating.

We have about 14 Senators representing the agricultural community and many of us work very closely with them.

The legislation which will be brought before the House before the Christmas recess is the Criminal Justice (Theft and Fraud Offences) Bill, 2000; the Residential Institutions Redress Bill, 2001; the Protection of Employees (Part-Time Work) Bill, 2000; the Heritage Fund Bill, 2001; the Remaining Stages of the Pensions (Amendment) Bill, 2001; the Social Welfare Bill, 2001; the Twenty-fifth Amendment of the Constitution (The Protection of Human Life in Pregnancy) Bill, 2001; and the Family Support Agency Bill, 2001.

I wish to raise a point of order. Senator Connor made a statement, which I know he did not intend, but I am concerned that it might be misinterpreted. He spoke about anger and indignity from the chair. I know he pointed at the Minister's chair, but I am concerned that it might reflect on the Cathaoirleach. It is important that it be specified that he was speaking about the ministerial chair and not the Cathaoirleach.

If it pleases the Senator I will specify that I was speaking about the Minister's chair. Every Member of the House knows very well that I was referring to the Minister for Justice, Equality and Law Reform. There was anger and lack of dignity in the way he handled it.

And it is always courtesy which emanates from this Chamber.

Absolutely.

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