The Order of Business is No. 1, a sessional order as agreed by CPP, to be taken without debate; No. 2, statements on the First Progress Report of the National Advisory Committee on Drugs, to be taken at the conclusion of the Order of Business and to conclude not later than 12.45 p.m., with the contribution of spokespersons not to exceed 15 minutes and all other Senators not to exceed ten minutes; and No. 20, motion No. 19, to be taken from 2.30 p.m. to 4.30 p.m. I thank Members for agreeing to the change in time slot for today. There will be a sos from 12.45 p.m. to 2.30 p.m.
Order of Business.
I would like to make a special appeal to those people coming to Dublin for the protests this weekend to ensure the protests are peaceful and that the security response does not provoke them. This is an important time for Europe and, on the point raised by Senator Mansergh yesterday, we should celebrate the fact that the accession of the new countries into the European Union is a great act of reconciliation in Europe. This will be good for Ireland because it will lead to the addition of many new small countries within the European Union. As we know from our constant discussions in the European Union, it is very important to have small countries backing other small countries and there is much to celebrate. I appeal to people coming to Dublin to protest to ensure their protest is peaceful and dignified and, most important, that an over the top security response is avoided.
Most Members would want to convey our sympathies to the O'Brien family following the death of Fr. Niall O'Brien. He was associated with the Philippines for many years.
The usual procedure is that there can be no formal——
I am not proposing a vote of sympathy. I am just referring to it.
While we would like to do it, we cannot set a precedent.
Fr. O'Brien stood against oppression in many parts of the world, particularly in the Philippines. He was a shining example of the missionary zeal that many people who left this country brought to that part of the world. I just want that to be recognised.
What are the plans of the Leader and the sub-committee on the publication of the report on Seanad reform, which follows a resolution of this House more than two years ago? Will the Leader give that information to the House?
It is crucially important for people to recognise that this country has a long tradition of honest, fair, peaceful and legal demonstrations. There were 100,000 people on the streets last year and 250,000 people on the streets in 1979 and there were never any difficulties. The only time there are difficulties is when there are small numbers. Nobody should be dissuaded from taking part. While 1 May is a celebration, I would defend to the death the right to protest, as did Fr. O'Brien and the Columban Fathers on similar issues throughout various parts of the world for as long as I can remember.
Yesterday the Cathaoirleach ruled on an issue raised. In the meantime, the Taoiseach, speaking in another place, indicated the Government's position on the Curtin case. He stated that the Government corresponded with the judge and asked him for a response. I would like to know whether that response will be made available to Members of both Houses because we need to have the full information.
It was stated on the "Nine o'clock News" last night that the Garda Commissioner, Noel Conroy, has made certain statements which should be made available to Members of the House. He indicated that a full report will be made available on the involvement of the gardaí. This is very important information which should be made available to us.
In the event of impeachment proceedings being contemplated, must such proceedings be initiated by the Government or is it open to individual Members or groups in the House to do so? The Cathaoirleach may not be able to respond to that inquiry immediately but I ask him to consider the issue because it is something of which we should be made aware.
Following the signing of the Good Friday Agreement, we established the Human Rights Commission under legislation. Its job is clear — to ensure that what we do on this island complies with international human rights agreements which we have signed. When the Human Rights Commission issues a statement, as it did yesterday and will do in fuller form later this week, it hardly behoves the Minister for Justice, Equality and Law Reform, to whom the commission is responsible, to describe it within an hour of its receipt as "weak, tendentious and fanciful" and to add to that this morning by describing it as "lacking intellectual integrity", particularly before he has even read the entire report. I wonder how people on the other side of the House feel about these comments. Do they feel as uncomfortable about such a contemptuous dismissal of the work of an extraordinary body of people upon which we rely and which we use to defend our actions as a State?
Will the Minister for Justice, Equality and Law Reform come before the House and debate the issue with us? I acknowledge we will be dealing with the Twenty-seventh Amendment of the Constitution Bill 2004 on Friday but we must also examine this issue. The Human Rights Commission has stated that we will have different categories of non-citizens, which has nothing to do with the imperatives for an immigration policy. This is unacceptable.
Will the Leader also explain what the Minister for Justice, Equality and Law Reform means by the word "fanciful"? I looked the word up in the Oxford English Dictionary to find literary allusions or references to “fanciful” and I found references to “petticoats of too fanciful a fashion” and, in Uncle Tom’s Cabin, a reference to Mrs. Stowe having a range of “fanciful diseases”. I also found various other references including one to people having a “fanciful expression which is singular and will never be forgotten”. What exactly did the Minister have in mind when he referred to the determined and serious conclusions of the Human Rights Commission report as “fanciful”? He should explain where he is coming from because he has been absolutely illogical and specious in what he has said so far. It is utterly unacceptable and it is the duty of this House to defend a group like the Human Rights Commission, which is working on behalf of this House and the people.
While not proposing a vote of sympathy, I too share the sentiments expressed by the leader of the Fine Gael group on the passing of Father Niall O'Brien. He represented what is good about the clergy at a time when many questions had to be asked. When one examines the road the church has taken on some issues, Father O'Brien represented all that was good about people who give their lives to God and, in this instance, the Columban Order. Father O'Brien represented the truly marginalised and underprivileged in many communities around the globe. Following his release, when I was seven or eight years of age, he visited Dunmanway to officiate at an occasion and the number of people who turned out to see him was phenomenal. It was a mark of the esteem in which he was held.
I remind the Leader that the Law Reform Commission recently issued a report recommending legal recognition for co-habiting couples. This is a regular feature of modern life and must be examined further, particularly in light of this report as many of its recommendations can be implemented. The report notes that in 2002 almost 80,000 couples were co-habiting in this country, which speaks volumes about the amount of work which needs to be done on the issue.
Will the Leader ask the Government whether some mechanism can be put in place to prevent Ministers using their offices for the promotion of their own political parties? I refer in particular to the Minister of State at the Department of Enterprise, Trade and Employment and the use of headed notepaper to fundraise for a constituency event. It is important that a mechanism be put in place to prevent this blatant abuse of ministerial office.
I share the sentiments expressed by other Senators about the forthcoming events of 1 May. While respecting people's right to peaceful protest, it is very important that no form of belligerence or violence be used against people. People who have different views to the vast majority will gather in this capital on Saturday and I wish the events well.
I am sure every Member of the House will acknowledge the great work done by Cardinal Desmond Connell who retired recently. He gave great leadership and service in the context of his pastorship.
Will the Leader arrange for a debate, together with our environment spokesperson, Senator Brady, about the operation and closing times of fast food outlets? I do not want to do anyone out of a living but there is clear evidence that these places are flash points, especially late at night. The closing times of such outlets is causing problems, especially in urban areas. The matter is not so pertinent in rural areas because they do not exist there.
I would not be so sure about that.
Will the Leader ask the Minister for the Environment, Heritage and Local Government to come before the House for a debate on the matter? If it is a matter for legislation, I am sure positive suggestions can be made as to how it can be updated. Opening hours are causing a major problem, especially in urban areas.
The Human Rights Commission, a senior member of which is former Senator Maurice Manning, was established by statute. In that context, I am bitterly disappointed by the attitude of the Minister for Justice, Equality and Law Reform, Deputy McDowell, in a debate on "Morning Ireland" this morning. At times I felt he thought he was in the Four Courts when he used words like "I challenge you". He came across as an arrogant man who is dealing with a sensitive issue which we will debate in the House on Friday and I am appalled by the rhetoric used. When anyone voices any concerns, as Mr. Farrell did in moderate terms this morning, he or she is shot down with the Minister's eloquent legalese.
The Minister is not in the House.
Sorry, Senator——
If the Minister wants to introduce legislation as sensitive as this, he should be more sensitive when people question certain aspects. It is being rushed through and we know why; we know what the Minister is up to.
I do not know what he is up to.
The Senator should know about it down in Ennis.
We are very tolerant in Ennis.
That is very unparliamentary language.
I join with Senator Brian Hayes in calling for calm next weekend. The Garda Representative Association information indicates that up to 5,000 gardaí will be on duty on 1 May. In that context, I call for calm on both sides.
I am disappointed by the abrasive manner in which the Minister for Justice, Equality and Law Reform has behaved in the past few days. I ask the Minister to come before this House because I want to challenge him on the fact that despite Government pledges to increase Garda numbers by 2,000, they have been increased by just 121 in the past 22 months. As I speak, drug barons are targeting rural areas and we will need 10,000 gardaí if the drug culture takes hold. I challenge the Minister to come before the House and defend the failure to put extra gardaí in place because it is a serious threat to the State.
I support the remarks of Senator Brian Hayes and others who called for calm on Saturday during the May Day celebrations. As a resident of the Castleknock area adjacent to Farmleigh, I must express concern at the level of security in the form of razor wire which has been erected around Farmleigh and other places, although I am not sure whether it will extend to the entire boundary of the Phoenix Park. I wrote to the Minister of State at the Department of Finance, Deputy Parlon, to which I have not had a response, asking him whether the razor wire will be removed following the meeting on Saturday. I had to fight very hard to ensure that razor wire was removed after the visit of the Chinese premier. Therefore, I want the Minister of State to guarantee that all of that razor wire will be removed following this weekend's events.
The announcement by the Minister for Education and Science of additional resources to provide learning support for children was made some time ago but schools must wait for up to one year to have it sanctioned. I understand a new weighting system will be introduced but schools do not know as of yet if they will lose, retain or gain teachers. I know of a school that applied for a special needs assistant in June 2003 and is still waiting. It is inexcusable that a child has to waste a year of his or her life. One year is a long time for anyone but to wait one year out of a total of eight years' primary education for a service is a scandal. I urge the Minister to explain this to the House. I understand the Department of Education and Science knows the schools that will be allocated the resources, but is not releasing this information to them. Schools need to plan ahead and the information should be made available to them at this stage.
The Leader of the Opposition, Senator Brian Hayes echoed Senator Mansergh's remarks on peaceful protests at the weekend. This important time for Europe should be a joyful time of celebration and countries which never expected to see freedom again after the Second World War are now basking in sunlight. It is difficult for the Garda Síochána to strike a balance in the area of security. If there is not sufficient security on the ground and things get out of control, it is a cause of great concern but, equally, over the top security is castigated. The Senator also referred to the death of Fr. Niall O'Brien. The Cathaoirleach ruled on this, but it is worth noting the work Fr. O'Brien did during his lifetime.
On the question of Seanad reform, the Committee on Procedure and Privileges set out the terms of reference and gave us a mandate to consider the issue. We are meeting the Cathaoirleach and the members of the Committee on Procedure and Privileges at 12 o'clock and will present our report to them. A copy of the report will be in everybody's pigeonhole by 2 p.m. and a press conference will be held at 2.15 p.m. We will meet the Taoiseach and present him with a copy of the report at 3.50 p.m.
By 5 p.m., the Seanad will be abolished.
There was only one recommendation for that. It was from a Member in the other House; I will not say which party.
A Fianna Fáil Member.
No, it was one of the Senator's and we often laugh about it.
Senator O'Toole referred to the celebrations on May Day. He also raised the Curtin issue, which also struck me when I listened to the news last night. The Taoiseach stated publicly that among the items on the agenda is the impeachment process. Subject to the ruling of the Cathaoirleach, I consider it is in order to say that I will endeavour to obtain Commissioner Conroy's remarks appertaining to the issue today or tomorrow. The debate on "Morning Ireland" between the Minister for Justice, Equality and Law Reform, Deputy McDowell, and Mr. Michael Farrell of the Human Rights Commission——
He began his career as a demonstrator.
When I listened to the debate this morning I thought, once a barrister, always a barrister. Their aim, metaphorically speaking, is to knock one down. The Minister will come to the House on Friday to debate the Bill and everybody who has been brave on speaking out will be equally brave that morning.
We quiver in anticipation.
I am reminded by Senator Dardis that not alone should we be brave, we should be present.
Senator McCarthy referred to Fr. Niall O'Brien and his work for oppressed people.
All Members have received a copy of the report of the Law Reform Commission on cohabitation. There is no point in thinking that everybody is happily married; life in Ireland is not like that anymore. The institution of marriage is recognised as the primary unit in the Constitution but times have evolved and huge changes have occurred in Irish society. This very strong report should be debated in the Chamber.
Senator McCarthy referred to the Minister of State at the Department of Enterprise, Trade and Employment with special responsibility for labour affairs, but I am not aware of the matter to which he referred. He wished that we would be joyful and not riotous on May Day.
Senator Glynn acknowledged the service of Cardinal Desmond Connell. I do not know whether the fast food issue he raised is a matter for planning or for an amendment to the legislation. We can inquire from the Minister for the Environment, Heritage and Local Government.
Senator Finnucane also raised the Human Rights Commission and I think we will long remember the radio interview on "Morning Ireland". Senator Feighan referred to the need for an increased Garda presence to combat the drug barons. We will have a debate on this issue very shortly.
Senator Terry asked for the removal of the razor wire around Farmleigh House. I was not aware of the delay in removing the wire after the Chinese premier's visit. I will speak to the Minister of State, Deputy Parlon, about having it removed immediately.
Senator Browne raised the delay in notifying schools of the provision of additional resources for special needs students. If the school does not know whether it will have the additional resources, it is difficult to deal with special needs students who are seeking to enrol. This issue could be suitable for an Adjournment debate and perhaps Senator Browne would consider this course of action.
Order of Business agreed to.