The Order of Business is No. 1, a motion regarding the All-Party Committee on the Constitution, which is currently examining family rights issues. The committee was established to hold public hearings on family rights, the proceedings of which need to be covered by privilege. A similar situation arose in July 2003, when the committee was temporarily constituted as a formal joint committee of both Houses of the Oireachtas to facilitate the holding of public hearings in respect of property rights. This item will be taken without debate. No. 2, motion re the establishment of a tribunal of inquiry into the fatal killing of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan in 1989, to be taken on the conclusion of the Order of Business and to conclude not later than 1 p.m., with the contribution of each spokesperson not to exceed 12 minutes and the Minister to be called upon not later than ten minutes before the end of the debate.
Order of Business.
I welcome the Minister for Justice, Equality and Law Reform's important decision to allow the Nigerian student deported last week to return to Ireland in order to complete his leaving certificate. It is obvious the Minister listened to the public outcry, particularly from the community in Palmerstown and the boy's fellow students, in respect of this case and intervened as a result.
It is only right and proper that any non-nationals seeking refugee status in this country who are pursuing their education should be allowed to conclude their studies here. Ireland, through the efforts of missionary brothers and sisters, helped to educate people in many developing countries and it has a responsibility to ensure that those who come to this country and who are educated here be allowed to complete their studies. I welcome the Minister's decision in respect of this matter.
On a matter which is not unrelated, the media highlights, on a daily basis, horrendous cases concerning the treatment of migrant workers who come to this country.
Hear, hear.
These individuals are fantastic in that they do jobs many Irish people will not do. I ask the Government to give serious consideration to establishing an independent body that would report to this House at regular intervals on the treatment of these workers. There are terrible stories about people who are not paid properly, who work in appalling conditions, who have no rights and whose employers assume unfair or unreasonable positions. An independent body, with a remit similar to that of the Ombudsman, should be established and should report to the House in respect of this matter.
We need the people to whom I refer. They are welcome here, they do an important job and they should be protected. It is a disgrace that these cases are coming to the public's attention, through the national media, on a daily basis. Will the Leader arrange a short debate on this matter following the Easter recess? The House must be constantly aware of this problem.
Yes.
I also congratulate the Minister for Justice, Equality and Law Reform on having the self-confidence and flexibility to listen to advice. He attracted much criticism in respect of this matter but he obviously realised that there was a need for him to intervene. There have not been many examples of Ministers intervening on issues in such a public way or of their being prepared to change their minds. The Minister should be congratulated on his actions. I thank the Leader for raising this issue with him on behalf of the House. We should communicate to him our deep appreciation in respect of his intervention.
I wish to comment on the issue to which Senator Brian Hayes referred. The situation is quite appalling. We have witnessed both sides of the migration debate recently. On one hand, people protested outside the gates of Leinster House on behalf of the Nigerian student. On the other, Deputy Joe Higgins has been raising the issue of Gama Construction Ireland Limited for a number of weeks. People stated, when the Deputy first aired his concerns, that what he was saying could not be true and challenged him to speak on the matter outside the House, which he did. It now appears that he has been proven right and that matters appear to be even worse than he originally indicated. These people operate in Dickensian working and service conditions. They have no rights or supports and are not subject to health and safety regulations, which is appalling.
I understand that a member of the clergy in County Kilkenny has carried out a review on migrants involved in agricultural work in his area. He discovered that a number of these individuals are living in hay sheds, are being paid €2 per day and are being fed with white bread covered in brown sauce. This has only occurred in a small number of cases and does not reflect what happens on the majority of farms. Even so, it highlights the position in which Ireland finds itself in 2005. We must put a stop to this type of behaviour and Senator Brian Hayes's proposal might offer us a way forward in that regard. The Minister for Enterprise, Trade and Employment must come before the House to explain how he intends to put a stop to it.
The Minister has spoken about the number of inspectors involved but the problem is growing. We discovered this morning that RTE is investigating a situation that has arisen in respect of Irish Ferries which involves a person who is running — on behalf of another employer — a beauty parlour on one of the company's vessels, who is being paid exploitative wages, who does not have security of tenure and who only gets three days off each month. What happened when the matter was highlighted by RTE? The woman in question was sacked.
People must put aside the idea that this is a "lefty" issue. These interests to which I refer are undercutting decent employers. Gama Construction is putting decent employers, contractors and those who tender honestly, openly and legally for business at a loss. For humane, legal and commercial reasons, this type of behaviour cannot be allowed to continue because it is wrong. I ask that the Minister come before the House to discuss this issue.
I admire, without qualification, the courage and humanity of the Minister for Justice, Equality and Law Reform. He did something many Ministers I have known would never have had the bottle, capacity or confidence to do. I will be nothing other than fulsome and vigorous in saying the Minister did the right thing, graciously and well. I hope the young man in question will benefit from the extra time he will have in Ireland to complete his education and sort out his future.
I am glad Senators Brian Hayes and O'Toole raised the issue of migrant workers. The constant and standard view of the Department of Enterprise, Trade and Employment is that it can only act when it receives a complaint. A senior trade unionist made the point that there are more dog wardens in this country than there are inspectors in the Department who are charged with handling all matters relevant to it and not merely those relating to migrant workers. Ireland will gain a reputation as a country where people are exploited. In the long term, this will do the country no good.
Senator O'Toole raised a profoundly important issue, namely, that it is extremely unfair to decent employers that this type of exploitation is allowed to proceed. Aside from the human factor, in business terms it makes the job of decent employers more difficult if others are in a position to undercut them. Apart from a debate on this issue, we need the Department to decide that it will offer a proactive service.
The Department can take action. For example, it gives permits to every named individual working here legally. In addition to those permits, it should supply the people in question with a list of their rights and of agencies to which they can go if they believe they are being mistreated. If complaints are made, the Department will then be in a position to direct its inspectors to initiate investigations. Is there an undercurrent of illegal work at play here? I do not know but each anecdote we hear is worse than that which preceded it and all of them are proving to be true. Vigorous action must be taken.
Another young child has been taken into care by the north-east section of the Health Service Executive. I am always reluctant to get involved in individual cases but there is cause for concern. Social workers have significant powers to intervene. They can act in ways gardaí cannot because they must follow a process.
Two incidents have occurred in the same region involving different families. The most recent case concerns foster parents, approved as such by the same body, who complained they were stressed because the child had problems and the response was to take the child into care. I know no more than was reported in the newspaper.
There is a serious need for clarification on what is happening. Is it the case that in one region if a person complains the children will be taken away? If so, that is a gross abuse of power.
In his tribute to the former Senator Ó Foighil, Senator Brian Hayes quoted the late Senator saying that anybody who had a mind was entitled to change it. I join the general welcome for the decision by the Minister for Justice, Equality and Law Reform, Deputy McDowell, to revoke the deportation order on — excuse me, the name is difficult to pronounce — Olunkunle Eluhanla.
I find it difficult to pronounce.
Sometimes I have difficulty pronouncing names much closer to home. It is a measure of the Minister's humanity that he did this and he is to be commended for it. The temporary visa has been issued for six months and arrangements are being made with the Irish section of the International Organisation for Migration to enable the young man to return to sit his leaving certificate. That is the outcome for which everybody hoped.
This morning the Archbishop of Dublin said that in criminal cases the Judiciary has frequently exercised discretion with regard to custodial sentences and deferred them to allow people sit examinations. That precedent was worthy of mention.
We should perhaps have a debate on all facets of multiculturalism, including immigration policy, employment policy, culture, the arts and so on. I share Senator O'Toole's view that this is not a left-wing issue about the way people are treated in employment. It is a humanitarian issue. There has been a succession of incidents, involving nannies, a young hairdresser on a ferry, the construction and meat processing industries and there is evidence of it happening on a limited scale in farming in Kilkenny, where thankfully the IFA has condemned the practice, if it exists.
We must consider these issues seriously, look again at the work permit system and decide whether the worker should hold the permit rather than the agency. While that may cause difficulties it is probably the best way to proceed. The problem is that these people are employed by contractors. The good companies employ people on contract labour without knowing what they are paid. That must be reviewed too. All these issues merit a wide-ranging debate after the Easter recess.
I too wish to express admiration for the Minister for Justice, Equality and Law Reform who has shown courage, compassion and spirit in allowing the Nigerian student return to complete his leaving certificate.
There has been much talk recently of a cull in the Killarney National Park.
Is that a cull of Senators or deer?
What is being culled?
The number of deer has increased but the authorities are unable to keep the deer in and the sheep out which is part of the problem. The deer create havoc for farmers throughout south County Kerry.
What about the golf course?
Does the Senator have a question for the Leader?
I do. The deer are a danger on the roads in the south of the county, particularly at night. Any cull should be of the imported sika species and not the native red herd. We should ensure that the authorities——
The Senator is going to talk about Dinis Cottage again.
Dinis, and that area in the heart of the national park, is important for deer and it would be better to keep them there. There should be a proper poll — sorry, survey — of native red numbers, just as there should be proper polls in another respect. I hope the Leader will use her good offices in this matter.
We must carry out that poll in Dundalk.
I draw the Leader's attention to the Health (Amendment) Act passed here on 10 March and signed by the President on 11 March in accordance with an earlier signature motion. The Irish Medical Organisation has vetoed this Act. Must we have a health warning when we pass a Bill here "subject to the approval of the IMO"? A total of 200,000 people will qualify for medical cards under this legislation.
The IMO has vetoed the will of this House and of Parliament in this regard, a decision I resent. The IMO warmly welcomed the announcement by the Minister for Health and Children, and the Government, of the introduction of 200,000 doctor-only medical cards but has now vetoed the Act and wants to negotiate with the Minister.
The Minister should grant 200,000 full medical cards, as announced under the original agreement and leave aside the doctor-only medical cards if members of the IMO are not prepared to operate that scheme without further negotiation and funding. I regret very much that this health warning must be attached to all health Bills.
Will the Leader consider having a regular rolling debate on health issues? There is no other avenue through which we can make our constituents' case on health issues. No forum has been established under the Health (Amendment) Act to allow public representatives hear the views of the people. I regret the demise of the health boards because we now have no vehicle through which to make our case, except local media. That is why I regularly raise the issue here, irrespective of the consequences. I must continue unless there is some means by which we can make a more orderly contribution.
I support Senator Leyden's call for an ongoing debate on the health service. It has been brought to my attention that there are 23 beds on the corridors of Mayo General Hospital this week, while 17 beds lie vacant in the orthopaedic unit.
Will the Leader call an early debate on the position of Aer Lingus and the second terminal at Dublin Airport? Does the Government have a timeframe for making a decision on those matters.
Several building sites have recently been closed down for health and safety reasons. There is also evidence that some people acting as health and safety officers are not suitably qualified, the implications of which are a matter of serious concern to those who are qualified.
I strongly support Senator Leyden's call for a rolling debate on health service issues. I have called several times for the Minister for Health and Children to be invited here to discuss type 2 diabetes which is a serious matter of public health. We have often debated BreastCheck but there is also a serious issue concerning men's health. I am not being sexist but stating a simple fact. These are ideal subjects for discussion. I welcome the fact that we passed the Health (Amendment) Act. As Government spokesman in this House, I thank Members on all sides for their contributions.
Senator Leyden is correct that there is a void in regard to having a conduit from the service receiver to the service deliverer. Local public representatives are that conduit, which is now missing. It should be replaced sooner rather than later. We all said in this House that we were not afraid to push the boat out in regard to amending and updating health structures because the people who suffer are the general public.
I wish to be associated with the compliments paid to the Minister for Justice, Equality and Law Reform. I said earlier in the week that the contributions were a reflection of the compassion in this House. I could not help but reflect on Portia's famous speech in the "Merchant of Venice" as follows:
The quality of mercy is not strain'd;
It droppeth as the gentle rain from heaven
Upon the place beneath: it is twice bless'd.
The Minister is blessed in one respect. We in this House can assume that we have been blessed also and that all sides have been helped.
In the context of the Easter break, which is a time of hope for Christians, and with the eyes of Ireland focused perhaps as never before on the Holy Land because the Irish team is playing Israel in Tel Aviv on Saturday, I am sure all sides of the House will join me in wishing them every success and hoping they come back with three points.
Reach the promised land.
Yes. We should not allow what is happening in Palestine and Israel to slip off the agenda, which can happen so easily. This House has a long tradition of debating Middle East matters. In the recent past, despite the very best efforts on both sides in terms of advancing the peace plan, there is still building going on in existing settlements, which is thwarting the best efforts of the new Palestinian Prime Minister to keep the radical elements within Israel on side to prevent them from engaging in violent acts against Israel. I hope the Leader will agree to my request to set aside time, as she does on a regular basis, to debate the situation in the Middle East. It is important to keep the Middle East on the agenda of this House. There is a long tradition of doing so and I hope this Easter, which is a time of hope for all Christians, will be a new beginning in that troubled land.
May I first wish everyone a happy Easter.
Senator Brian Hayes welcomed wholeheartedly the Minister for Justice, Equality and Law Reform's reversal of his decision. Members on all sides of the House echoed these sentiments. When I was asked to approach the Minister on the matter, he was arriving back in the country that evening, but I spoke to his private secretary and told her that everyone in this House had put forward the proposition on the young man, to which she listened very carefully. I welcome the fact that everyone appreciates the action the Minister has taken. It appears a waste of time for this man to have done his studies and not receive the certificate which would provide him with a passport to work in another country.
This raises another matter which overlaps the first issue to some extent, namely, migrant workers. Before Christmas, I launched a debate in the SIPTU headquarters on a wonderful study on migrant female workers who were almost in bonded labour, which was an appalling situation. The debate has speeded up because this is now happening all over the country. We only hear about the high profile cases. These include Gama Construction and some agricultural industries. I was pleased that the IFA spoke out quickly against these industries.
We will have a wide-ranging debate in this House on the issue on the first day back after the break. Senator Ryan said the Department should be pro-active in this regard. Imagine officials in the Department stating they got no complaints from people who do not have the language. How would these people know where Kildare Street is or how to complain in a language they are just beginning to assimilate?
This is an extraordinary situation. As Senator O'Toole said, contractors putting forward bids for building contracts are doing so under the labour laws appertaining to workers in this country. It is nothing against the Turkish employer, but such companies are under-cutting others because they are paying people so little. We should have a wide debate in this House on that issue. The people are ahead of us. They were ahead of us in regard to the student. We are aware that the people would not thank us if we were flooded by asylum seekers. However, there are occasions when the people are ahead of us and we are running to catch up.
There is a serious issue with asylum seekers sitting in their mobile homes and not being allowed to work in this country. There are 400 of them in Athlone, sitting in their mobile homes and looking out the window for three and four years. Their children are being educated which is very helpful but these people cannot work. I know people who are highly qualified but who cannot work. These people have no life.
We should include the ESRI report in any such debate. It said that we are losing out in an economic sense by not availing of the work input of these migrant workers who want to contribute to the economy. There are significant delays in making decisions on the status of these people. Children get bedded into the community. They go to school and make friends, as do the women and men. These issues will have to be highlighted.
Senator O'Toole thanked the Minister for what he did. It is interesting that this House reached a common cause on the matter, which was delivered to the Minister's office. It is important that these things happen. Reference was made to HSA regulations and farm workers. When I heard about the farm workers on the news last night, it reminded me of the tattie hokers who emigrated from Donegal to Scotland decades ago. They were put up in old sheds and there was a huge fire in which 80 of them were burned to death. I will inquire if the Minister is available for a debate on the issue on the first day back.
Senator Ryan praised the Minister for Justice, Equality and Law Reform and said that people should be pro-active. What is the point in saying they got no complaint? Do they want it written in triplicate in the language of the country?
Senator Ryan also referred to the child who was taken into care and the fact that social workers have significant powers. There is something new happening, which I hate. If one makes a complaint, one is cut off in mid-sentence. That woman asked for some respite help, which was a normal thing to do. It appears that because she did so, the child was snatched. He went to school and he never came back. He was taken from school.
Senator Dardis praised the Minister for Justice, Equality and Law Reform and the Most Reverend Diarmuid Martin, Archbishop of Dublin. I also praise the Archbishop because he seized the mood of the minute. The Senator said the debate should centre on multiculturalism in general, which we should welcome. The asylum debate began against a background of distrust, distaste and so on. That has all changed because these people are contributing to the communities in which they live.
Senator Coghlan referred to the Nigerian student. The Senator wants the foreign deer culled, not the home species.
I want a proper survey carried out of the native red deer.
He is like the "Terminator".
Order, please.
Senator Leyden referred to the Health (Amendment) Act. He said that the IMO must have a veto on all health Bills. He made an important point about a rolling debate on health issues, which would be wonderful. However, we cannot just debate health matters. We must have an agenda for each of those rolling debates so questions will be answered. However, that is a very fine idea and Senator Paddy Burke would agree because of the situation in the Mayo General Hospital at this time.
Mention was also made of Aer Lingus and a second terminal. Those matters will be brought to Cabinet on 30 April, so there is no point in getting into a debate.
It will take place on 30 March.
The Leader to reply without interruption.
Is it March or April?
Senator Glynn thought a rolling debate was a good idea, and he raised the issue of diabetes. We could not have a full two-hour debate if the Minister were to come in and only discuss that issue, so the idea of a rolling debate is good.
I do not know about unqualified Health and Safety Authority officers, but the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Killeen, will bring a health and safety at work Bill before this House and we will debate the issue then.
It was suggested that because local representatives no longer sit on health boards the voice of the people is not being heard and service users are getting nothing back. It is a fair point, because heretofore people had their say.
Senator Mooney complimented the Minister for Justice, Equality and Law Reform and requested a debate on the Middle East. I have been scheduling such a debate for the first week, although legislation is coming before the House.