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Seanad Éireann debate -
Wednesday, 5 Dec 2001

Vol. 168 No. 19

Order of Business.

The Order of Business is No. 1, Criminal Justice (Theft and Fraud Offences) Bill, 2000 – Committee and Remaining Stages, and No. 22, motion 18, to be taken from 6 p.m. to 8 p.m. Business will be interrupted from 4 p.m. to 6 p. m. to allow Senators attend the budget debate in the other House. Business, if not previously concluded, will resume thereafter.

I propose an amendment to the Order of Business, that No. 15 in the names of Senator Henry, Senator Costello and myself, be taken before No. 1. I am merely asking that the Bill be published. Surely that is not a matter for a Minister but for the House. It is a short, simple Bill and all we ask is that it be published.

I raise the difficulties arising in coroner's courts. Much of the legislation is outdated. A case arose yesterday where apparently a very important witness will not attend the coroner's court and the only fine available is one of £5. This legislation needs to be looked at and coroners may well need stronger powers to oblige key witnesses to attend. I would like the Leader to ask the Minister for Justice, Equality and Law Reform to come in to discuss this question in the next session. There are also other issues arising out of recent cases.

Over the years we have traditionally taken a very keen interest in developments in the Middle East and the matter has been raised here significantly and often. I raise with the Leader the possibility of asking the Minister for Foreign Affairs to come in and deal with that issue on the basis of what Europe is going to do. There seems to be absolute silence from the European Union on this issue and on how it intends to influence it. The Middle East is within a step or two of all-out war, about which there is no doubt at this stage. It seems to be sitting in the lap of the US once again. Europe has a duty in that area. I will not push the issue further, but we need to be seen to take a view on this in the interests of peace and not take one side or the other.

The second issue I raise may seem flippant but it is not intended to be. The date of the beginning of the leaving certificate next year clashes with Ireland's first match in the World Cup. In terms of recognising the interest young people take in sport and ensuring it is feasible for them to participate in what will be a great national day, arrangements should be made to ensure that leaving certificate examinations do not clash with matches in which Ireland is playing. I would like this issue to be raised with the Minister for Education and Science and I do not want it to be seen as flippant. As we all know, students take a huge interest in sport. They will follow those matches and they do not need a further distraction. It would be a great distraction were they to be in an examination hall while a match was going on. I ask that this matter be raised with the Minister. I may put it down as a matter on the Adjournment if the Minister is not prepared to deal with it directly with us.

I refer to the Pensions (Amendment) Bill. We had a fairly wide-ranging discussion on it in this House and it seems to have run into the sand. Is there a difficulty with the Bill? Will the Leader tell us what that difficulty is and what is causing the delay? The Leader has given an indication that it will be taken on the first day of the next session. I would like his word that he is committed to taking it on the first day of the next session.

I second the amendment to the Order of Business proposed by Senator Manning. I agree with Senator O'Toole that the Minister for Education and Science should look at the dates on which Ireland is playing and try to avoid holding examinations on those dates.

Also, the Minister for Education and Science should come to the House to discuss the good news that we heard in the media that Ireland is close to the top of the league in terms of the educational attainment of our young students and teenagers. We have seen statistics from the OECD so often showing that our young people are close to the top of the league in respect of substance abuse and other bad things, it is great to see that, in terms of educational attainment, we are one of the top countries in Europe. However, that should be looked at in the context of the downside – the OECD report found that we are guilty of under-investment and that our students have had to work a lot harder than their European counterparts as a result. Because we have practically eliminated illiteracy among our present student cohort, we should attack the very substantial adult illiteracy problem which has been reflected in previous OECD reports.

I agree with Senator O'Toole in calling for a debate on the Palestinian issue – a request that was also made yesterday. We are probably alone in the European Union in taking this issue seriously. The European Union does not seem to have any sense of urgency or sense of the enormity and impact on the world stage of the Palestinian-Israeli conflict. I would like the Minister for Foreign Affairs to come to the House so we can discuss this issue.

I agree with Senators O'Toole and Costello that the problem in the Middle East is very grave and merits immediate discussion by the House. It would be wrong to suggest that the European Union does not have a view on it. On yesterday's Order of Business, I said the European Union's view is that the Israeli response should be proportionate, that the Palestinian Authority should be maintained and that President Arafat should continue in office. The Minister for Foreign Affairs underlined that last night when he was speaking on national television. It would be useful if we could have the Minister here to clarify these issues and expand on them because we all share the grave concern that the conflict will spiral totally out of control, if it has not done so already.

I thank Senators Manning and Costello for asking that my Bill be published. I am beginning to fear that the Leader's reluctance to publish it means the Bill being brought through this year will suffer the same fate as the Mental Health Bill of 1981, which was never implemented.

Will the Leader ask the Minister for Health and Children to come to the House to discuss the cancer strategy? I hope Senators heard of the improved results of the treatment of cancer by specialised units. The national cancer strategy appears to have been badly derailed by local political considerations around the country. This is most unfair to patients. We need to discuss this urgently.

Will the Leader ask the Minister of State with responsibility for insurance, Deputy Treacy, to examine the issue of personal injury claims? At the moment, over 40% of the costs involved in personal injury claims are going towards legal fees. This does not seem right. I raised this issue after reading in the newspaper an account of a claim in Galway involving Supermac's. The case was withdrawn from the court minutes before it was due to be heard because the plaintive discovered there was a CCTV camera in the gentlemen's toilet. The camera caught a particular person splashing water from the hand basin on to the floor and then throwing himself down. He had two friends with him and they were practising this for a while. Eventually this person threw himself down and remained on the floor. An ambulance had to be called as he pretended to be unconscious. It is outrageous. He went to a solicitor and claimed £30,000 in damages.

There are 111 cases pending against 47 Supermacs stores and the owner believes that 75% of these are fraudulent. It happens every day in my trade, the pub trade, that people trip over carpets and so on, and it seems that all they have to do is go to a solicitor and with the "no foal, no fee" provision those solicitors are falling over themselves to take the cases. I have been speaking for only half a minute.

Is the Senator going to fall?

I have allowed the Senator a lot of latitude.

It seems the Chair has allowed the other side a lot more slack.

That is very unfair to the Chair.

It is not. I know what I am saying. I ask the Leader to talk to the Minister with a view to changing the law regarding those fraudulent claims as business cannot afford to carry those costs indefinitely.

I ask the Leader for a debate in the new year on water quality. In rural areas there are some water schemes which are effectively polluted. They are outdated and the supply is very poor. Many of their trustees have died while others have retired and it is incumbent on the State, given the amount of money available, to give funding to local authorities so that these group water schemes can be taken in charge. A good quality of water is of the essence to the life of the people and I seek a debate on this in the new year.

I reiterate the point made by Senator O'Toole about the timetabling of leaving certificate examinations so that they do not clash with World Cup games. That would be a psychological disaster for those seeking points for their careers. It would be timely if the Leader conveyed the House's views on this issue.

The Minister for Education and Science should attend the House, perhaps early in the new year, to debate the conflicting reports about our education system. A Senator mentioned one report yesterday which referred to Ireland being down the league table of science subjects and up in terms of literature, but today's report suggests we are doing well. It would be a pity if the Department of Education and Science did not clarify the situation arising out of the conflicting reports and surveys coming on stream.

In view of the important examinations in June as well as the possibility of a general election around the same time, perhaps we could have the time of the World Cup changed to facilitate various priorities.

When does the Leader expect to take the disability Bill? It is difficult to concentrate on one particular area of disability but one's mind focuses on the difficulties of autistic children and their parents in having facilities provided for them. I would like the Bill to come to the House as soon as possible.

I support the call from Senators Costello and Ormonde for a debate on the recent OECD report, Knowledge and Skills for Life, obviously in the next session. The report's contents give much encouragement to our teachers and demonstrate that our system of education has improved dramatically in recent years. Literacy attainment among some of our older people is still very low but the report demonstrates that attainment in literacy, science and mathematics among 15 year olds is very high. I ask for a debate in the next session, but it is proper that we congratulate students and teachers.

Senator Keogh mentioned that the timing of the leaving certificate and the World Cup may coincide. Any change in the timing of the leaving certificate examinations will be an interesting indicator of our priorities. While football is not my preferred discipline, I expected those arranging World Cup matches to consider the dates of leaving certificate examinations.

Can the Taoiseach do something about it?

The leaving certificate is a set piece on an annual basis—

This is not relevant to the Order of Business.

—on a standard date. Football is an irrational epidemic that hits us on occasions and luckily veers away. The matter merits a serious debate.

I join those on all sides of the House who asked for a debate on the Middle East, which is a subject close to my heart. I know the region well as it was my second home for over a quarter of a century. I spoke to friends there last night who said they believe the area is heading inexorably towards war. Ariel Sharon, to whom President Bush has given the green light, and Yasser Arafat are dangerous men, fighting a bitter personal duel over the corpses of their citizens. It is an outrage. I was in the region when the Intifada was initiated and I witnessed Yasser Arafat deliberately unleashing Hamas bombers. While watching Bethlehem TV, I heard calls being made for suicide bombers. There is no doubt—

The Senator is anticipating the debate which has been sought.

I just want to finish this point—

It is not in order to pre-empt a debate which has been sought.

—to underline its importance. The point needs to be made that Mr. Sharon and Hamas are co-operating in an attempt to destroy the Palestinian Authority.

As I said yesterday, we need a debate on Operation Freeflow. We ought to ask why it seemed to work today. I believe it was because the dangerous parking situation in Dublin was freed up. Two lines of traffic on Gardiner Street feed into a line of traffic and a line of parked cars. Dublin Corporation does not provide parking and does not require it in most developments.

It is not in order to debate the matter on the Order of Business.

In that case, I will confine myself to calling for a debate on the matter.

Most of the points I wanted to raise have been covered. I support the calls for an urgent debate on the Middle East.

We should have a debate in the new year on the important recent OECD education report. While I congratulate those who deserve congratulations, we should focus on those parts of the system which do not meet the needs of a developing economy. I refer particularly to science and mathematics.

I support Senator Henry's call for a debate on the cancer strategy. There is incontrovertible evidence that those with cancer benefit from being in specialised centres. We do not serve the people well if we resist their desire to attend such centres.

I am concerned about the tardiness of the introduction to this House of mental health legislation. I would like the Leader to say that the Bill will be introduced on a certain date to allay the concerns of Senators.

I support the call for a debate on the OECD education report. I ask the Leader to bring to the attention of the Minister for Education and Science the pay discrimination against special needs assistants in primary schools. Those who look after children in infant classes are viewed as part-time employees and their weekly pay is an average of £100 less than special needs assistants in senior classes. As a result, these excellent special needs assistants are leaving the infants sector of the primary education system for other employment. This is a serious matter for the children, parents and teachers concerned.

I support Senator Henry's call for a debate on centres of excellence. It is time we abandoned the notion of having a specialist hospital at every crossroads as that is not possible. Politicians will have to be realistic and stop playing politics with an issue as serious as health.

I congratulate the Minister, the Department and the medical profession for the strides which have been made in dealing with the curse of cancer. I welcome the 20% reduction in the number of deaths from cancer in the eastern region and I hope this progress continues.

I support Senator Bohan's request for a debate on the "compo" culture which is the ruination of this country. There have been many inquiries into the religious, teachers and politicians, but it is time we set up an inquiry into the judicial system because what is happening in our courts is scandalous. We need an inquiry—

Those comments are not in order.

I do not know from where we would get the necessary people, but we should invite foreign judges to carry out an inquiry into what is going on.

I take it the Senator is supporting the call for a debate on the insurance industry.

Mr. Ryan

I appreciate that the Leader has a full schedule but will he make time available before Christmas to debate yesterday's admission by the Taoiseach that the Government will not deliver on its PPF commitment regarding social housing? The Government will not meet that target by a significant margin. This is perhaps the largest failure of the PPF at a time when 125,000 people are accepted as being in need of social housing. This issue should be debated in the House, particularly as we often debate homelessness at this time of year. Homelessness is the most extreme manifestation of the problem caused by the inadequate provision of social housing.

As someone involved in education, I wish to be associated with the compliments paid to the very good performance by the education system. The Department of Finance in particular should note that, according to the OECD, the education system is good value for money. That Department insists on describing education as social investment. However, investment in education is productive investment without which nothing else can happen. It is a scandalous misuse of language for the Department of Finance to describe this as social investment as if we could do without it.

I support the comments of Senators regarding the quality of centres of excellence for the treatment of cancer. However, the House should debate the related issue of how people get to such centres. Those receiving treatment at such centres often have to circumnavigate the country and this burden is the main reason people resist such developments. There should be a simple means of getting to these centres without having to travel half way around the country in an ambulance which takes 12 hours to get there and 12 hours to get back.

Will the Leader arrange for a debate on the fishing industry, particularly in light of Commissioner Fischler's announcement regarding a reduction in whitefish quotas? Castletownbere is a port close to my heart and is the largest whitefish port on this island. A 60% reduction in the quota would have devastating consequences for the fishing industry and the entire Cork and Kerry region. If it is not possible to have the debate before the recess, the Leader should urgently convey to the Minister for the Marine and Natural Resources, Deputy Fahey, the serious situation which faces the fishing industry. There is a need for conservation, but a 60% reduction in the quota would have immense repercussions for a port such as Castletownbere.

I support the call for a debate on the Middle East. I also support Senator Farrell in his call for a debate on the Judiciary. I believe we can do this without interfering with the separation of powers. We frequently see decisions of the High Court reversed by the Supreme Court, yet when a Supreme Court judge retires he is replaced by a judge from the High Court. I have often wondered how, when a judge is appointed to the Supreme Court he becomes so clever that he can reverse a previous decision of the High Court. This is a topic we should debate. It is very important.

Senators Manning, O'Toole, Costello, Henry and Hayes asked that No. 15, the Mental Health (Amendment) Bill, 2001 be published and debated. I have no difficulty in relation to this matter and I will inform the House tomorrow morning when the matter can be dealt with.

It will take only one minute.

Senators Manning, O'Toole, Costello, Henry and Hayes called for stronger regulations with regard to coroner court fines. I fully agree with Senator Manning. The current practice is totally outdated and I will allow as much time as needed for this matter. I will pass the Senators' views to the Minister after the Order of Business today.

Senators O'Toole, Costello, Dardis, Norris and Hayes called for a debate on the Middle East. I will endeavour to have this take place next week. Senators O'Toole, Ormonde and Quill expressed their views and concerns regarding a clash between the dates of the leaving certificate examination and Ireland's participation in the World Cup. I will pass their views to the Minister.

Senator O'Toole raised the question of the Pensions (Amendment) Bill, 2001. I said in the House last week that we would debate Committee Stage of this Bill on the first sitting day after the Christmas recess. Senators Costello, Ormonde, Quill, Hayes, O'Dowd and Ryan congratulated Ireland's education system on the performance of pupils, as described in the new OECD report. All Governments can be congratulated on their investment in education, in good times and bad, and in making education a priority during the past 30 or 35 years. I congratulate everyone concerned. This report can be debated in the House after the Christmas recess.

I will pass the views of Senators Henry, Hayes and Farrell on the cancer strategy to the Minister for Health and Children. Senators Bohan, Farrell and Lydon called on the Minister for the Environment and Local Government to come to the House to debate personal insurance claims. Various examples of spurious claims have been given by the Senators and I will pass their views to the Minister. I have already discussed this matter with the Minister and I hope we will have an all-day debate on the insurance industry after the Christmas recess.

Senator McDonagh expressed his concerns about water quality. I understand that most local authorities find it difficult to spend their allocations for the group water scheme programme. However, the CLÁR programme will complement most of these schemes. The Minister of State at the Department of Agriculture, Food and Rural Development, Deputy Ó Cuív, has undertaken that his officials will liaise with the Department of the Environment and Local Government to get the maximum amount of funding for group water schemes.

Senator Keogh inquired about the disability Bill. I will inform the House tomorrow when the final stages of this Bill are to be taken. Senator Norris again expressed his views on Operation Freeflow. I congratulate everyone concerned. Many people work in the areas to which the Senator referred and they deserve to be able to park near their places of employment.

Senator Ryan referred to the Government's policy on social housing. The Senator may raise this matter this evening during Private Members' Time when the independent Senators' motion on the Budget Statement will be debated and the Minister for Finance will be present.

Senator O'Donovan spoke about the implications of the proposed new quota system in the fishing industry. This is a serious matter. I will see if two or three hours can be allowed in the interim to highlight our concerns regarding these new proposals. The Minister for the Marine and Natural Resources, Deputy Fahey, has made clear his total opposition to this. I will endeavour to find agreement with the Whips and the leaders on time to debate the issue next week.

Senator Manning has tabled an amendment to the Order of Business, "That No. 15 be taken before No. 1." Is the amendment being pressed?

Yes. No. 15 will take less than one minute.

Amendment put.

Burke, Paddy.Coghlan, Paul.Coogan, Fintan.Cosgrave, Liam T.Costello, Joe.Cregan, Denis (Dino).Doyle, Joe.Hayes, Maurice.Henry, Mary.Keogh, Helen.

McDonagh, Jarlath.Manning, Maurice.Norris, David.O'Dowd, Fergus.O'Meara, Kathleen.O'Toole, Joe.Ross, Shane.Ryan, Brendan.Taylor-Quinn, Madeleine.

Níl

Bohan, Eddie.Bonner, Enda.Callanan, Peter.Cassidy, Donie.Chambers, Frank.Cregan, JohnDardis, John.Farrell, Willie.Fitzgerald, Liam.Fitzgerald, Tom.Gibbons, Jim.Glennon, Jim.Glynn, Camillus.

Kett, Tony.Kiely, Daniel.Kiely, Rory.Leonard, Ann.Lydon, Don.Moylan, Pat.O'Brien, Francis.O'Donovan, Denis.Ó Fearghail, Seán.Ó Murchú, Labhrás.Ormonde, Ann.Quill, Máirín.

Tellers: Tá, Senators Burke and Coghlan; Níl, Senators T. Fitzgerald and Gibbons.
Amendment declared lost.
Order of Business agreed to.
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