The Order of Business is No. 1, Civil Liability and Courts Bill 2004 — Committee Stage, to be taken at the conclusion of the Order of Business and to conclude not later than 2 p.m. Business will also be introduced on supplementary Order Papers during the sitting. These will deal with an expediency motion and the actual motion regarding the establishment of the select committee in accordance with Standing Order 60A and a report from the Committee of Selection appointing members of the select committee.
Order of Business.
I wish to raise two issues. Many of us watched the recent "Prime Time" programme on people with intellectual disabilities and people with autism. As a politician for 15 years, I was ashamed at the deficiencies in that area and the painful experiences of many families whose members have autism and the lack of resources within the system. It is difficult to understand why funding is not provided for that area given that each year prior to the budget the financial projections are considered. The Department of Finance has an uncanny way of underestimating the projections. The Minister can envisage €1 billion extra at the end of the year over the projected amount he had to spend which he did not have at the beginning of the year. I ask that this area be examined because of the increasing uncertainty in the disability sector. Even before the collapse of the last Government——
It did not collapse.
——or when it went out of office, a disabilities Bill was withdrawn. At the recent Fianna Fáil Ard-Fheis, the Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, indicated that a Bill would be introduced within two weeks. We have seen no sign of that legislation. At what stage is the legislation and what is the Government's intention in regard to this area?
The second point I wish to raise concerns something that happens every year and we are seeing the start of it now as is clear from today's newspapers. A convoy of mobile homes moved into Wexford and an hotel had to close, resulting in the loss of jobs, when 400 people moved to a site owned by the Department of Communications, Marine and Natural Resources. In Rathkeale in my constituency 50% of those on the electoral register belong to the Traveller population. In many cases the equality legislation has found in favour of the Traveller community in regard to discrimination. The rights appear to be stacked in that direction. However, I say to the Traveller community that the settled population has equal rights.
We are now at the start of the summer season. Is it to be punctuated continually with reports of convoys moving into areas where, in many cases, much debris is left behind? The Garda has scant enough resources. The Garda authorities said today it would take approximately 200 gardaí and 30 tow trucks to move the convoy out of Wexford. Under the legislation, the Garda has the power to move them on. However, there are certain deficiencies that allow a convoy of Travellers to build up and invade an area, whether in Wexford or elsewhere. The same problem has arisen at Knock where they moved into the park. I ask that the issue be addressed while reflecting the rights of the settled community.
Will the Leader provide further information on the report of the committee that will examine the impeachment of Judge Curtin? Will there be an opportunity for Members to discuss those issues again because it is very important that we monitor the issue fairly closely because in the situation somebody has been found innocent by the court? Many are saying it is on a technicality, so apparently there is a two-tier innocence.
I remind the Senator that the motion was moved yesterday in the House.
All the apparatus of both Houses of the Oireachtas are then directed against one.
A Chathaoirligh, what precisely is happening and will Members have an opportunity to contribute on the information that will be placed before the House at that point?
A great deal of Government money has been invested in Luas, which is unfortunate as it would have been much better to spend it on a metro. Luas, in operation, will create considerable danger for both the pedestrian and the cycling public. I came down on a bicycle today and there is no provision whatever for cyclists on O'Connell Street. The Dublin tour buses are wandering round and squeezing out the cyclists and the trams will be crossing. Will the Leader ask the Minister for the Environment, Heritage and Local Government to look at the provision of cycle lanes?
As Senator Finucane stated, tax revenues have exceeded Government expectations for the year and it certainly looks as if the Minister for Finance will have more money to spend this year.
A bonanza.
Good Government.
There is much to be said for the manner in which the Government engineered it so that there were cutbacks directly after the election in order to create the notion of bonanza at the appropriate time. From what I am hearing on the doorstep the public is not fooled. If the Government was responsible, it would consider how to spend the money equitably and fairly. Senator Finucane has referred to the area of disability. The Government might consider some of its promises, which were not delivered on, such as the extension of the medical card. We know that society is unfair when somebody who is suffering from cancer cannot get a medical card, as was the case of the person I met this week. Will the Government, although my request may fall on deaf ears, use the additional revenue to restore some level of equity to people who are seriously ill and need support?
Will the Leader consider allowing a debate on the issue of students working? An ESRI report shows that the number of students working part-time has doubled and worryingly this is having an impact on their performance in State examinations. This should be looked at in the context of labour law as it applies to young people, not to prevent them working but to ensure that working is not to the detriment of their performance in examinations and investment in their future.
Will the Leader consider a debate on the spiralling cost of fuel, petrol and diesel? As a result of the difficulties in Saudi Arabia and elsewhere, the cost of petrol has risen to €1.05 per litre and diesel to more than 90 cent. Each rise in fuel costs, affects the cost of goods being supplied. The road haulage firms appeared before the Joint Committee on Enterprise and Small Business on Wednesday, 2 June 2004 and are deeply concerned about the impact of these increases on the economy. I appeal to the Minister for Finance to take on board the suggestion that the Department of Finance should consider stabilising the revenue generated from fuel and not take the windfall increase resulting from the increased cost of the raw material.
Illegal organisations in the Border counties engaged in washing diesel and supplying it to cowboy operators are taking up to €20 million a year from the Exchequer in tax foregone. This is daylight robbery and the Revenue Commissioners are not taking enough action to curb this trade. This is a simple and straightforward issue. Instead of dipping the fuel tanks of small farmers at marts in Roscommon and elsewhere, the Revenue Commissioners would be better off investigating the operations in the Border counties.
May I draw the attention of Members to this historic day in the Seanad, as it is the last day of the dual mandate and I wish to mark its passing?
The Minister for Justice, Equality and Law Reform commenting in a magazine article last week stated that inequality is an incentive in the Irish economy. I think this is most inappropriate for an elected Member, but for the Minister for Justice, Equality and Law Reform to say that is quite out of order. Will the Leader ask the said Minister to come and outline for us exactly what was behind his comment that inequality is good for our society and our economy? Is that the reason we are not extending equality to people with disabilities, as Senator Finucane mentioned this morning? Those comments were out of order. I want the Minister to explain to Members how he will bring about equality in Irish society if that is his thinking on these issues.
I support Senator Finucane's request for a review of autism services. I am not about to make a bid for as yet unrealised public finances, but I think the Minister could pay particular attention to the state of affairs at Middleton, County Armagh, which was set up as a showpiece centre of excellence for autism. However, it appears from reports I am receiving that it is not sufficiently supported either from North or South. This may be as a result of the lack of activity in North-South relations. It is important that this centre, which could be of enormous importance in the treatment of autism North and South should be supported.
I support Senator Leydon's plea for more attention to be given to those who launder diesel in the Border areas. This is a huge loss to Revenue. People should be aware of the extent to which this type of fuel really ruins their cars. It is not a bargain at the end of the day.
The Irish EU Commissioner, Mr. David Byrne, has made splendid efforts to improve food safety in the European Union. Will the Leader ask the Minister for Agriculture and Food to come before the Seanad to outline how we are implementing his suggestions and the progress we have made in the area of food safety?
I join with Senator Terry if she is calling for a debate on the economic structures of the State. The Minister for Justice, Equality and Law Reform was referring to what was good for the economy when he made those remarks. The old Communist theory of economic equality is a failed one as shown by the abject poverty in many of the former Eastern Bloc countries, and I did not think it was being embraced by the Fine Gael Party. I think most Members subscribe to the more republican approach that one helps people to help themselves. Obviously people are different. We must recognise that difference.
(Interruptions).
Order, please.
I also support Senator Leyden's call for a debate on the oil situation. Perhaps the Leader might broaden that debate to include sustainability and alternative energy sources. The failure, particularly of the current American Administration, to meet the requirements of the Kyoto Agreement is regrettable. Unless the developed countries of the globe look to alternative sources, we will not achieve sustainability. Oil is a finite resource.
It has been reported that the break-up of Aer Rianta is to involve a write-down of €110 million in assets and we are learning of a rift in the Cabinet between the Minister for Finance, Deputy McCreevy, and the Minister for Transport, Deputy Brennan. The two reports which have been issued essentially state that there are too many unanswered questions, no objective verifiable assessments and no proper projections. When might the Leader get the Minister, Deputy Brennan, to attend the House for a proper discussion on the issue? Everyone is in the dark. I do not want to mention the hotels groups to the Leader this morning, but they are absolutely in the dark.
I support everything Senator Finucane said. With regard to what Senator O'Meara said, I raised this matter before and I believe the Leader looked on it favourably. Regarding those on the income threshold for medical cards, the truth is, as the medical organisations have pointed out, that many more medical cards should be issued to people in need.
The Senator will have every subject debated on the Order of Business.
The Cathaoirleach is right that I seek a debate.
We will wait for that debate.
Some very fine initiatives have been introduced by the Government over the past few months regarding care of the elderly. However, in the implementation programme there is confusion as to which Department deals with which initiative. I ask that the Minister come to the House and clarify the situation and that we might have statements on those programmes and initiatives. While I compliment the Minister, there is confusion about implementation.
I congratulate the Cathaoirleach on his impartiality throughout this session——
Hear, hear. It is splendid, unlike some other places.
——and on his great reluctance to defend the Leader of the House against questioning from this side. Long may it last. It is a great tribute to the Cathaoirleach that it is so.
I appreciate that, but the Senator should speak on the Order of Business.
I beg the Cathaoirleach's indulgence for one or two questions. I endorse what Senator Finucane said about autism. The issue has arisen in this House more than in the other and there is all-party support in the area. Senator Hayes raised it and I know the Leader also has an interest in it. Perhaps we could continue that debate and squeeze some money out of the Minister. The motion must continue, but we should get a commitment from the Minister for an extra grant for autism. We might achieve something by doing that in this House with serious intent. All sides appear to agree on the issue and it could be taken seriously here. We could achieve something to our credit.
I refer to what Senator Terry said. When the Minister for Justice, Equality and Law Reform, Deputy McDowell, made his comments, people on this side of the House realised that he was, first of all, trailing his coat and that we should not necessarily respond as expected to him when he says such things. When he said that inequality was an incentive for the economy, he qualified it rather cleverly by saying that he was talking about mathematical inequality. That is a significant qualification. I am not sure that the interview he gave to the magazine in question merits a full debate in the House.
The Senator is going into detail on the matter.
I suspect the Minister wants a full debate in the House. Let us not have a debate on that but instead have one on the economy. Some very interesting figures came out last night which are, on the surface at least, a great credit to the Government. They would certainly give every malcontent on this side of the House an opportunity to make special pleading for funds coming up to the budget, and there are signs of that already. I ask the Leader to arrange a debate on the economy, for which I feel there would be all-party support.
I agree with my fellow Senators regarding the Travellers illegally parked in Wexford. The situation with coloured diesel can be stopped by implementing the law. However, without the 2,000 extra gardaí in place to ensure that no laws are broken, we will not be able to implement the law. I will be trying to ensure that the Minister for Finance, Deputy McCreevy, provides the necessary finance to recruit those gardaí.
I want each of us to think about what he or she will be doing on Sunday.
We will all be going to mass.
What does Sunday have to do with the Order of Business?
That will become clear. Sunday is 6 June, which is the 60th anniversary of the D-Day landings. It is very appropriate that this House remembers the ultimate sacrifice that soldiers from the United States, France, Britain and Ireland made to set us free. Sometimes it worries me that we tend to forget it.
I agree that the financial figures are very good and encouraging. We had a debate on the economy very recently and I am not certain it is necessary to repeat it quite so soon.
I appeal for an end to the phoney war on the nitrates directive. It has been explained over and over again at every level — I have done it myself in my county — what the situation is and that a derogation will be sought. To keep returning to the base figure is an unreal argument, as if a trade unionist were to keep insisting on talking about basic rates of pay when there are bonuses and overtime of up to 50% above them.
They do that.
Let us have a real argument. The farming organisations are about to enter the social partnership negotiations and there is ample opportunity there——
Does the Senator seek a debate?
No, a speech.
——to clarify any concerns and provide any necessary reassurances.
It is surprising how many things in life we take for granted. It is only when something goes wrong that our attention is drawn to it. I am thinking of the serious glitch at air traffic control affecting Heathrow. Something similar happened in Dublin about ten days ago, when there was a glitch in the air traffic system. It was solved very readily and competently. Senators may remember that, last year, in both North America and Italy, there were significant electricity blackouts. I raise that as a reminder of the need to invest in infrastructure — things we take, and have always taken, for granted, except when something goes wrong.
I was unaware of it until yesterday but today is the final day for the submission of tenders sought by the Dublin Port Authority for the harbours at Skerries and Balbriggan. I had assumed that they were maintained, if not by the State, then certainly by the local authority. Apparently the local authority does not have the responsibility. It appears that the Dublin Port Authority is putting the running of the harbours out to tender. The acceptance date is this day week and the harbours could go out of the hands of the Dublin Port Authority and the county council. This is exactly the type of infrastructure that should be maintained. I am not sure of the situation. The Minister for the Environment, Heritage and Local Government, Deputy Cullen, has had his attention drawn to this. I gather he has not responded yet. Let us encourage him to do so.
On a number of occasions on the Order of Business and also as a matter on the Adjournment I have raised the curtailment of jet skis and skiboats. Will the Leader, and my colleague, Senator MacSharry, the Government spokesperson on this area in the Seanad, ask the Minister for Communications, Marine and Natural Resources, Deputy Dermot Ahern, when amending legislation will be coming before the House? It has been brought to my attention again that this is a real need. Westmeath is called the lake county, and on one of the lakes around Mullingar it is evident that some of these people do not care about other lake users. I ask that something be done as soon as possible. The legislation, I believe, is imminent. When will it be brought before the House so we can put in place effective legislation that will curtail the activities of those irresponsible people?
Senator Leyden should clarify what he means by the end of the dual mandate. I believe Senator Jim Higgins will have a dual mandate on our next sitting day and Senator Brendan Ryan could well be in a similar position.
I thank the Senator for his clarification.
Will the Leader ask the Minister for Justice, Equality and Law Reform, Deputy McDowell, to clarify the position as regards the proposed closure of 700 Garda stations around the country? Great concern has been expressed to me as regards my area in respect of Garda stations in Balla, Tourmakeady, Lahardane and Ballyglass, because they could face closure. It is very important to have a debate on this in the House because there is great fear abroad that the Minister will close small Garda stations around the country. One wonders how this can be reconciled with the Government's promise to appoint an extra 2,000 gardaí, which we have not seen. People have come to anticipate the closure of Garda stations by the Minister.
Will the Leader invite the Minister for Transport to give his views on the national review of speed limits? Much has been said in this House about this in the recent past. I am sure all politicians who have been canvassing in recent weeks have experienced the desire at local level that this national review would take the concerns of the electorate in rural areas into account, as regards built-up areas and county roads.
Senator Finucane, the acting leader of the Opposition, raised the question of the mentally handicapped. Everyone in the House would agree that much remains to be done. Having said that, there have been great improvements, from the time when his own party was in government and thereafter. I readily admit, however, that much more needs to be done. We are all united on the later point which Senator Ross took up as regards autism. This is one of the most tragic of conditions to affect young people and babies. Money spent not just on care but on research which might pinpoint more accurately how and why it happens and how it may be obviated, would be of great benefit.
Senator Finucane asked when the disability Bill would be ready. I understand it will be in the autumn, but the education disability Bill has passed all Stages in the Dáil. There have been over 200 amendments and I understand it is vastly changed from the Bill which was presented to the Dáil. We are ready to take it here. It is now a matter of timetabling. It is a very important Bill. I hope we will debate it the week after we return. The Senator talked about Travellers. I take his point that settled people have rights, just the same as the Traveller community. This feeds into the mini-debate we had on equality and inequality this morning.
Senator Norris asked for more information about the motion I moved yesterday. The motion was No. 17 on the Order Paper, calling for the removal from office for stated misbehaviour of Judge Brian Curtin, pursuant to Article 35.4 of the Constitution. The motion was moved by me and the debate was adjourned. This debate will resume when the committee to be established later today by the House makes its report. The debate will resume when the committee makes its report to the full Seanad. Senator Norris also talked about the danger to pedestrians and cyclists when the Luas comes into operation. The metro will also go ahead. I know that Senator Norris and I have always been of one mind in this matter. It appears to be inching slowly along, pardon the pun. Information about it will emerge soon.
Senator O'Meara spoke about the financial position, which is good, thankfully. She said some of the money should be used to address the issue which Senator Finucane raised. I am hopeful that will happen. She is also concerned about third level, and I suppose, second level, students who work part-time which may be affecting their studies. Young people have always wanted to have money in their pockets. My prime job as a young student was washing dishes in the hotel where we lived.
Is that the favourite hotel the Senator had?
No, it is not. It is a long time ago. Anyway, there were no dishwashers and I washed and washed, but got paid. I have sympathy with students who want to earn some money. Of course one does not want it to cut across their studies. I recall my father saying he did not care how late I stayed out and that he knew I would behave myself. Little did he know. He insisted, however, that I should be in the kitchen in the morning at 7.30 a.m., and I was. It is a good incentive to young people to get out and do it.
Senator Leyden spoke about the oil price. I take his point that extra revenue gained goes into the coffers. He said there should be a stabilisation of that so the extra revenue gained could be offset against the taxation of oil. That would make sense. There is a meeting today of the OPEC ministers. Hopefully, something will emerge from that in terms of extra production. Senator Maurice Hayes talked about the washing of diesel.
Senator Terry referred to remarks made by the Minister for Justice, Equality and Law Reform. One would have to read the entire script. I just read the newspaper as well in which it was reported. The difficulty often is that remarks can seem alarming, but set against the context of the full speech it can be a different matter. It would be helpful to get the full speech. I think it was Senator Ross who said society often wants somebody who will be provocative so a debate can emerge on a particular issue. That is no bad thing. Deputy McDowell is able to give such provocation and to take it as well, which is a fair point in a Minister. However, we will endeavour to get him to address the whole issue of equality and inequality in this House.
Senator Maurice Hayes spoke on autism. We are all agreed on that matter. We have a resumed debate on No. 12 on the Order Paper, a rolling debate on autism. The Minister of State at the Department of Health and Children, Deputy O'Malley, has been good at coming to the House, listening, taking notes and thinking about the issue. Again, when the House returns, we should seek to have another debate on that. Extra money is needed and it could be linked to the debate on the economy. He also spoke about the laundering of diesel. He made the practical point that it was bad for one's engine, as well as being wrong.
Senator Henry spoke about food safety and asked that the Minister for Agriculture and Food should synchronise with the excellent work being done by the Commissioner in Brussels. Senator Walsh referred to oil and also spoke about sustainability and equality. Some interesting topics have been raised this morning. We wish everyone was equal, but that is impossible. When one starts off in political life one thinks if only everybody had a house, and a decent education, a principle to which I always hold, everybody would be better off but people are always striving which is not in itself a bad thing.
Senator Coghlan spoke about the break-up of Aer Rianta. I see he has left but we will ask the Minister to come here and explain the situation. He also mentioned the need for more medical cards which is a matter for the Minister for Health and Children.
Senator Ormonde mentioned the programmes for the elderly which have been laid down across various Departments, such as Environment, Heritage and Local Government, Social and Family Affairs, and Health and Children. She wants to know where the crossover happens and how the programmes can be contained and structured.
Senator Ross spoke about autism. We are all at one in wanting improvements in that area and there is a significant degree of cohesion in the Chamber on this matter which we should use to good effect. I suggest that we have the debate on the economy, which the Senator requested, and link it with a debate on one issue to which we want money diverted, namely, autism. I have dealt with the Senator's remarks about the Minister for Justice, Equality and Law Reform, Deputy McDowell.
Senator Feighan spoke about the need to recruit the extra gardaí and reminded us that Sunday is the 60th anniversary of D-Day. There are marvellous programmes on BBC, and one on RTE tonight to mark the event. We will all have other commitments on Sunday but it is good to acknowledge that memory for the free world. I hope to be in Croke Park on Sunday and I hope Westmeath will win.
There is not a hope of that.
Senator Mansergh is right to say the financial figures are good. He also mentioned the debate on the nitrates directive. There was an attempt on "Morning Ireland" this morning to stir it up, so to speak. A derogation will be sought in July. The farmers were putting their case as the opening salvo for the talks. Senator Quinn raised the matter of the air traffic control problems in Heathrow Airport. I understand the system is back in order. He also told us the advertisement is out for the tender for the harbours in Skerries and Balbriggan. We should keep an eye on that matter.
Senator Glynn spoke about legislation to curtail jet skis. I have received a note to the effect that the regulations governing their use will go to Government soon and will be introduced quickly thereafter. The issue will be dealt with by regulation rather than legislation. It is hoped to deal with that next week or the following week.
Senator Paddy Burke mentioned the closure of Garda stations. Indeed, we were all alarmed by the remarks about them. I hope it is hyperbole and that the numbers the Senator cited are not accurate. He also raised the matter of the promised 2,000 extra gardaí. The Government said this would happen during its term of office and by the time we go to a general election — I almost said go out of office — those gardaí will be on the beat.
Senator Brennan suggested a national review of speed limits particularly as they affect rural areas. I am aware of this because voters have raised it during the canvass in small rural areas. A national review would be very helpful in that regard.
Order of Business agreed to.