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Seanad Éireann debate -
Friday, 22 Mar 2002

Vol. 169 No. 14

Order of Business

The Order of Business is No. 1, Residential Institutions Redress Bill, 2001 – Committee and Remaining Stages; No. 2, Social Welfare (Miscellaneous Provisions) Bill, 2002 – Second Stage, to be taken not earlier than 1 p.m. with the contributions of spokespersons not to exceed 15 minutes and of all other Senators not to exceed ten minutes and on which Senators may share time; No. 3, Electoral (Amendment) Bill, 2002 – all Stages, with the contributions of spokespersons at Second Stage not to exceed 12 minutes and of all other Senators not to exceed ten minutes. Senators may share time.

The Order of Business is agreed. Again I ask the Leader whether the Government intends to incorporate the Convention on Human Rights into Irish law during this session. The Leader will be aware that it has been at Committee Stage since October 2000 and I think it unlikely that the Government wishes to progress this legislation, given the length of time for which it has been neglected.

Yesterday, Senator Coghlan raised the issue of the controversy surrounding the construction cost of the national aquatic centre. At the time, he cannot have known how far off the mark the projected costs were going to be, but it has since become evident that they are exorbitant. Such high costs will be an additional burden for the taxpayer. It is time the Taoiseach stopped passing the buck on this issue and took responsibility for it. He must tell the Oireachtas what is happening to public funds.

I wish to express my concern about taking all Stages of the Electoral (Amendment) Bill, 2002, today. Throughout this week, I have said that this is not a good way to do business in this House. I recognise the urgency of the matter and do not object to its being dealt with, but I do not think there has been sufficient debate on it. My understanding was that the Leader had indicated he would introduce the Bill today, but that it would not be concluded until 26 March. I would like to hear what the Leader has to say about this.

I too want to raise the issue of the national aquatic centre. We need a debate on this issue and I ask the Leader to make a commitment to organising it. The Committee of Public Accounts is one of the few committees that is not a joint committee and Members of this House need an opportunity to discuss the issue. We need to consider the impact on the taxpayer and public tendering, to assess the extent to which things have gone wrong, if indeed they have, and to be able to inform the public. There is no information available on this at the moment, just a lot of speculation.

Would it be possible for the Leader, if the report of the Attorney General becomes available today, to allow the House to be adjourned, under the rules as appropriate, to facilitate a discussion in the Seanad today? We need openness, participation and engagement with these issues.

I ask the Leader to confirm that we will take only Second Stage of the Electoral (Amendment) Bill, 2002. Otherwise we will oppose the Order of Business. I also ask for a debate on the All-Party Oireachtas Committee on the Constitution, which has made recommendations on certain matters that I consider very strange indeed.

The situation regarding the national aquatic centre becomes more and more curious. Every time questions are asked more questions are generated that need to be answered. In addition to concerns about the allocation of the contract, there are now concerns regarding the exponentially increasing fees. This House has had no opportunity to address this matter, and it is not sufficient that it be addressed by a committee into which this House has no input. I agree entirely with Senator O'Toole and ask that if the Attorney General's report is available today, it be made available to Senators and that the Leader agree to put it on the agenda.

There is no reason why the House should not debate the national aquatic centre, but it is highly unlikely we will be able to do so today. Mr. Teahon has indicated, on the grounds of natural justice, that he requires more time to respond to the Attorney General's report. It was expected he would respond by noon, but that apparently shall not be the case. Otherwise I would see no reason for us not to debate the issue because it is the intention to make the report public subsequent to Mr. Teahon's reply.

Issues arise from the deliberations of the Committee of Public Accounts that the House could consider, particularly the remarks of the Comptroller and Auditor General in regard to aspects of the deal. I take Senator O'Toole's point that it this is not a joint committee. It is a matter we might return to.

We should debate the report of the All-Party Oireachtas Committee on the Constitution, of which I and other Senators are members. There are aspects of its report that are worthy of comment. The report itself, however, is at least partially based upon observations made in previous debates in this House, so the Seanad has had an input. It should nevertheless be debated, particularly given that it impinges directly upon the manner of electing this House.

I do not disagree with the need to examine in detail the issue of the national aquatic centre, but we should be careful. The debate so far has been highly politically partisan. I was very disturbed to see what was happening at the Committee of Public Accounts yesterday. I do not know the truth of what is happening in regard to this matter, but I did see the spectre of certain witnesses being brought in and subjected to questions which were obviously directed at making political capital rather than ascertaining evidence—

It is not appropriate that this House should comment on how a committee of the other House conducts its business.

I accept that. I shall just comment on the process without referring to how the Committee of Public Accounts conducts its business. There are real dangers in a process which allows us to fling mud across the floor, in what is now a highly charged general election atmosphere, with individuals possibly suffering as a result and not receiving a fair consideration of their case.

I support the point made by Senators O'Toole and Costello about taking all Stages of the Electoral (Amendment) Bill, 2002, today. My colleagues opposed this in the House two days ago, when a vote was taken. I would like an indication as to what is on the agenda next week that would preclude us taking subsequent Stages next week after Second Stage today. I ask that this side of the House be facilitated in its request on that.

I was trying to recall a phrase. Was it "the most cunning, the most devious of them all"? Could I—

Your question should be relevant to the Order of Business.

A reasonable point was made by Senator Ross. Let us be sure we target our concerns about the national aquatic centre where they should be targeted, towards the Taoiseach. He cannot run and hide—

What about members of the Senator's own party?

(Interruptions.)

He cannot run and hide behind either a former civil servant or the Minister for Tourism, Sport and Recreation. The Taoiseach should come into this House and answer the questions.

This is not appropriate to the Order of Business.

No, political points scoring has never happened on the Order of Business. Where have we been all these decades? I ask that this House be allowed to debate this issue at the appropriate time and that we target our concerns and questions at the correct people. The Taoiseach should be number one on the list. He cannot continue to hide on this issue.

I have been asked on the Order of Business during the week about the European Convention on Human Rights Bill, 2001. The Bill was referred by the Dáil to committee on Wednesday of this week, and I will inform the House of developments on next Tuesday's Order of Business.

In response to Senator Coghlan's query yesterday, the Court and Court Officers Bill, 2001, will be taken in the House next Thursday. Senators Coogan, O'Toole, Costello, Dardis and Avril Doyle expressed views about Sports Campus Ireland. The Deputy Leader of the House has correctly pointed out the necessity for natural justice. However, I will consult with the leaders and the Whips next week to arrange for a debate on this before the Easter recess. If necessary I will forgo Fianna Fáil Private Members' time on Wednesday night. There is no free time next Tuesday and Wednesday from 10.30 a.m. until 12 midnight. We may be able to conclude by 8 p.m. or 8.30 p.m. on Thursday.

Next week is devoted to legislation that has already been initiated. For the benefit of those Senators who may not have been here for the Order of Business over the last few days, for one reason or the other, the position next week, as everyone knows, is that it is a week for finalising legislation. Regarding this proposal, there is nothing more important and if time is not available I will forgo the Fianna Fáil Private Members' time on Wednesday evening for it.

Senator Doyle and Senator O'Toole mentioned the Electoral (Amendment) Bill. This was placed on the Order Paper in the usual way and dispatched to the Whips from my office on Thursday last week. It was clearly stated that all Stages were to be taken today. It is a very short Bill and I ask those Senators, and Senator Costello, to bear with us regarding its passage through the House. It went through the Dáil in one evening.

Senator Dardis called for a debate on the report of the All-Party Committee on the Constitution. There is much food for thought in the report, although I do not agree with many of its remarks about this House and what it has stood for and achieved. Since 1997 the Seanad has transformed its way of doing business and we have initiated over 60 Bills here since then. That means we have had a major role in the successful processing and implementation of legislation and reports by the Government. I thank all parties for their wonderful contributions and for the businesslike way in which affairs in this House are conducted. I hope that will be enhanced.

I do not agree with certain statements in the report of the constitutional committee. In addition, I, as Leader of the Seanad, was not invited to make a submission to the committee before the report was published.

Some of us were not represented on it.

I know smaller groupings in the House did not have their voices heard.

There was no representation.

Be that as it may, we will set time for this at the earliest possible opportunity but that definitely will not be before the Easter recess.

Question put: "That the Order of Business be agreed to."

Bohan, Eddie.Bonner, Enda.Cassidy, Donie.Cregan, JohnFarrell, Willie.Fitzgerald, Liam.Gibbons, Jim.

Hayes, Maurice.Kiely, Rory.Lanigan, Mick.Leonard, Ann.Moylan, Pat.Ormonde, Ann.Walsh, Jim.

Níl

Coogan, Fintan.Costello, Joe.Doyle, Avril.Henry, Mary.

O'Toole, Joe.Ross, Shane.Taylor-Quinn, Madeleine.

Tellers: Tá, Senators Farrell and Gibbons; Níl, Senators Costello and A. Doyle.
Question declared carried.
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