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Seanad Éireann debate -
Tuesday, 12 Dec 2006

Vol. 185 No. 14

Order of Business.

The Order of Business is No. 1, a motion to refer without debate to the Joint Committee on Justice, Equality, Defence and Women's Rights for consideration the subject matter of No. 18 on the Order Paper, namely, the extension of the period of detention of an arrested person for questioning in a Garda station from 12 to 24 hours; No. 2, a motion to refer without debate to the Joint Committee on Communications, Marine and Natural Resources for consideration the subject matter of Nos. 19 and 20 on the Order Paper, No. 19 concerning the postponement of elections for members of the regional fisheries boards from 2006 to 2007, and No. 20 concerning the fees payable from 1 January 2007 for commercial salmon fishing licences, including a salmon conservation levy equivalent to 50% of the licence fee, the proceeds of which will be invested in wild salmon management initiatives designed to rehabilitate wild salmon stocks and habitats, and a prescription of the licence fees to be payable in respect of commercial eel and oyster fishing licences and salmon, eel and mollusc dealers' licences issued or renewed for a period commencing on or after 1 January 2007; No. 3, the Genealogy and Heraldry Bill 2006 — Order for Second Stage and Second Stage, to be taken on the conclusion of the Order of Business and to conclude no later than 5.30 p.m., with the proposer of the Bill and spokespersons having 15 minutes each, other Senators having ten minutes, and the proposer of the Bill to be called on to reply no later than ten minutes before the conclusion of Second Stage; and No. 4, European Communities Bill 2006 — Committee and Remaining Stages, to be taken at5.30 p.m. and to conclude no later than7 p.m.

Some months ago the Tánaiste and Minister for Justice, Equality and Law Reform unfortunately stated that, regarding organised crime, we were witnessing the last sting of a dying wasp. In Finglas this morning the wasp was at it again. The threat posed to this society by organised crime, specifically drug related crime, is as real and serious as the threat posed by the IRA and other subversive organisations in the recent past.

It is far worse.

The situation on our streets is very dangerous and is deteriorating. Murder levels have increased by 300% in the past three years and the incidence of firearm use has increased in the past three years by 45%. At the weekend the Minister stated that judges "have to get real" on sentencing. I wish to hear him outline what else can be done by way of legislation, additional powers or resources for the Garda Síochána to ensure that this wasp is decommissioned.

This is a direct challenge to modern Ireland. There are two Irelands, one that is law-abiding and another that believes itself to be outside the rule of law and carries out summary executions as seen in Finglas this morning. We must examine this issue seriously. Judges must play a role in implementing laws on minimum mandatory sentences passed by this House. What else, according to the Minister, must be put in place so that organised crime can be tackled?

I saw the "Prime Time Investigates" programme on the corrupt practices of estate agents, auctioneers and others in the Irish housing market. In 1998, I proposed the Home Purchasers (Anti-Gazumping) Bill, which was voted down by Fianna Fáil in the Dáil. I was told there was no need for mandatory codes or regulation because the industry could regulate itself and that voluntary codes were the way to go.

Like the press.

The programme exposed what everyone with knowledge of the market knew and such corrupt practices must be tackled. The only way to do so is with a new regulatory environment where people are held to account.

The sad part of the programme is that there was little new in it. I offer my congratulations to Senator de Rossa, the newly appointed auctioneer.

Seán de Rossa.

A first cousin of Proinsias de Rossa.

Senator Ross and I tabled a motion in May 2003. Every item, bar one, mentioned in last night's programme was included in the debate. Various people spoke in the debate, including Senator Scanlon who spoke as an auctioneer. Not enough has happened. The Minister was as good as his word in establishing a commission, which has since reported, but nothing has happened. The only revelation last night was the clear connection between mortgage companies and estate agents. We believed auctioneers favoured buyers whose mortgage was arranged by the auctioneers. At that stage I thought the purpose of this was to receive a commission but I did not realise how underhanded it was. It was linked to the amount the young person could afford to pay.

It is disgraceful that the public is not being protected. It is also disgraceful that a minority of estate agents and auctioneers are drawing many responsible auctioneers into disrepute. Their names and reputations are sullied by these revelations. We know the issues and it would now be easy to introduce legislation. We have a responsibility to do so and in this regard we could demonstrate our commitment to members of the public who are affected by this.

The Competition Authority's report on the legal profession has come to the fore in recent days. I will give an example, speaking with vested interest as vice chairman of the Personal Injuries Assessment Board. When a solicitor comes to the Personal Injuries Assessment Board on behalf of a client to put a claim through, we are prevented by a court ruling from telling the client that he or she does not need a solicitor. This is a reason difficulties arise and why we are appealing the matter to the Supreme Court. The issue may require a change in legislation at some time in the future.

These types of protective practices cause difficulties for the legal profession but I do not agree with the idea of qualified conveyancers to do land conveyancing. I would have more trust in a legal person than anyone else with such a matter, but the idea of a legal services commission to oversee the operation of both sides of the legal profession would be important.

I would like a focused debate on the Competition Authority, as some of its actions should be questioned. It is not correct the whole time.

Hear, hear.

There are important issues that we must consider.

In the number of years I have spent in this House I have frequently ended up in the company of people regarded by some members of the Garda as subversives. In such cases I noticed that whether three people were attending a meeting or 20, there was never a shortage of gardaí to keep an eye on these suspected subversives. They would incessantly follow these people around, visit their homes and pick them up.

I would regard the threat of people such as those who carried out this morning's killings to the way we live in this country as worse than the Provisional IRA, as their actions are based entirely on self-centred and brutal greed, without any spark of ideal. That is not to explain or dilute anything done by subversives in this country.

The threat is profound and an innocent young man who happened to be working in the house is dead. We should not hear about more legislation and my views on prisons are well known. If we were to double the number of prison places, the prisons would inevitably be full or overcrowded in another two months. We need resources for those sections of the Garda Síochana that are most expert in this area, in order for them to have 24-hour vigilance over these people in the way they used to with what were probably correctly termed subversives 20 years ago. There should be a continuous assembly of information.

How could this murdered individual, a top Garda suspect, have been in this location without anybody knowing? For 20 years Gerry Adams could not be anywhere in this State without the Garda knowing exactly where he was, which was right. How can an equivalent threat to our society apparently not be under the same level of surveillance? That is a matter for the Tánaiste and Minister for Justice, Equality and Law Reform inallocating resources and the priorities for theGarda.

I call for an immediate debate on the proposals by Minister for Health and Children regarding residential care for older people. There are a series of issues contained in these which are profoundly worrying for older people and the type of society we have. Age Action Ireland has already indicated that the only group which will have these burdens imposed on them is the elderly. I find the matter distasteful.

We are approaching Christmas week and people are getting involved in singing hymns about peace and harmony, most with images of Bethlehem and Palestine. What the Western world and the world in general is doing to the people of Palestine is only one step away from genocide. These people will begin to die soon, either because of internal strife, hunger, disease or the absence of electricity. This is done because in the most freely contested democratic election the Middle East ever saw, the wrong party won. That party is asked to do things Sinn Féin or the IRA were not asked to do before we negotiated with them. We did not ask the IRA to recognise Northern Ireland, renounce violence forever or recognise a succession of previous agreements before we negotiated with it.

The only liberation struggle ever asked to abandon its principles before negotiation is that which now represents the people of Palestine. The world's reaction was to impose the most appalling suffering, not on the government but on the ordinary people of the Palestinian territories, the place where all of our minds will look during the next few weeks because it is the place where the events of Christmas took place. I would like our consciences to be a little aware of what is being done in our name to the people of Palestine.

I share the House's grief and sorrow at the shooting dead of the sub-postmaster in Kilkenny. It is a disaster for his family. He was a brave and courageous postmaster and we should send our sympathies to the postmasters' union on the tragic murder of a brave person.

Expressions of sympathy are personal.

I personally sympathise.

Will the Leader of the House have an early debate on the Competition Authority's view on the legal profession? I issued a detailed statement on this. I do not agree with the removal of restrictions on barristers and solicitors advertising. We stopped this type of advertising on a previous occasion. We all remember the ambulance chasers who sought clients and took large advertisements in the Golden Pages. The Competition Authority wants to reverse what we already did. I do not agree with all of the recommendations.

They removed them.

This is what they recommend and it was restricted.

The great Law Society of Ireland told me it does not support the Registration of Wills Bill 2005. It tries to stop investigation and the introduction of regulation to control its business. It got away with murder on the registration of wills.

It will be debated tomorrow evening.

I intend to hold a major debate.

The Senator should hold his fire.

This is a promo.

This is a separate issue, the recommendations of the Competition Authority. After Christmas, we should have a general debate on the legal profession in light of those recommendations.

The "Prime Time Investigates" programme last night was quite chilling. I congratulate Mr. de Rossa on his election as an auctioneer and valuer.

It is Senator de Rossa in this House.

Senator de Rossa, auctioneer, valuer and estate agent. I wish him well in his new practice and on his return to the House. Last night's programme "Prime Time Investigates" gave great service to the country in exposing difficulties. However, it does not apply to all auctioneers and valuers, only to a small group. Every organisation has people who do not live by the rules. Nobody in this House is like that. The auctioneers in this House are fine and upstanding.

What a contrasting world we live in. This morning I looked at the newspaper and saw a lovely smiling photograph of the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, and the Minister of State at the Department of Finance, Deputy Parlon, cutting a tape at the official opening of the Data Protection Commissioner's office in Portarlington. Only one staff member out of 24 moved from Dublin to that office.

However, I also read about the murders which happened during the week. It is deeply saddening to think the life of a young apprentice plumber was taken because he was a witness to the execution of another man. I worry about the state of anarchy prevailing in the country. Rather than cheap mugshots of the Minister in the newspaper at a non-event, I would prefer to see him being pro-active in crushing what is happening here.

Hear, hear.

Given the closure of Castlemahon Foods and more than 300 workers now unemployed, of which the Cathaoirleach will be aware, I would like the Leader to raise this issue with the Minister for Enterprise, Trade and Employment, Deputy Martin. What are known as customised training programmes are available and people may be interested in specific training programmes. However, there is a restriction on the amount the State will pay, which is €650. With regard to workers like these, where promises are made that FÁS will give maximum assistance, we should, where possible, give the maximum assistance, whether it is a heavy goods vehicle driving course, a SafePass course or a specialist machinery course, if we are serious about getting these people back into the workplace. The Leader should raise this issue with the Minister and offer some hope to these workers who are reaching out to find a new opportunity.

Hear, hear.

I also call for a debate on the conduct of the auctioneering business and, in that context, I congratulate Senator Ross on his appointment. We must call into question how people are assessed in graduating and acquiring certification to carry out auctioneering. I was disgusted by the revelations in the programme last night. While I know Senator Ross is very capable of handling his brief, it definitely highlights the fact that the process is very easy. After seeing the programme last night, I also feel that it is time for the "do it yourself" people to set themselves up and see how best we can overcome these problems. A debate on this issue is certainly well overdue.

I also congratulate the Minister for Health and Children on her imaginative scheme for dealing with long-term care in the future. By putting a charge on the value of a residence after death, we will relieve anxiety in many families who find themselves in a very difficult monetary situation when they try to pay the costs of putting an elderly relative in a nursing home. This is a worthwhile scheme, although some people may not like the idea of it. We should have a discussion on it some time in the new year and tease out where the weaknesses may be. The concept behind the scheme is worthwhile. It is a great and very imaginative idea and I hope it will work.

I endorse everything said by Senators O'Toole, Brian Hayes and Ormonde about last night's edition of "Prime Time Investigates". The programme was pretty raw in that it obviously revealed an unregulated industry running riot among first-time buyers or any buyers or any of the most vulnerable people when they wish to make the largest investment of their lives. I was not surprised by the programme because, as Senator O'Toole said, we have already identified most, if not all, these problems and a few more.

The most dangerous aspect of auctioneering practices is that these people handle vast sums of money without being supervised by anybody. They take booking deposits that have no value or legal standing. As Senator O'Toole noted, this was brought to the attention of the House by us three years. It will be four years shortly. While a commission sat and made some recommendations, nothing has been done about them and I doubt anything will be done about them before the general election, despite the latest edition of "Prime Time Investigates".

I issue two words of warning. One of the problems which was not identified and which is a delicate one in respect of this House is that auctioneers have traditionally had immense political clout. This does not just apply to this House, which contains a large number of auctioneers, practising or not, but also to the other House and, especially, to county councils. Auctioneers sitting on county councils are deeply conflicted because they are involved in rezoning decisions which obviously involve their clients. This matter should have been tackled many years ago through the imposition of more stringent declarations of interest and the introduction of legislation.

We should be careful in stating that this matter merely relates to a few cowboys. There is no evidence regarding the latter assertion because very little research has been carried out in respect of this completely unregulated profession. I would not rely too much on the two quite ineffective umbrella bodies — they refer to themselves as "institutes" — which are in existence and which supposedly regulate their members. One of the whistleblowers in last night's "Prime Time" programme was a member of one of the institutes when he was practising.

The prime offence outlined on last night's programme related to mortgages being dealt with by the members of one group, namely, mortgage brokers, who where exchanging information with auctioneers. The problem in this regard is that a large number of supposedly reputable auctioneers operate, as subsidiaries, mortgage broker businesses, which, in fact, they own. If that is not a conflict of interest, I do not know what is and such practices should be outlawed.

I wish to extend my deepest sympathy to the family of the 20 year old apprentice who was shot this morning. I also extend my sympathies to the family of the victim of the other murder in Kilkenny. I know nothing about the apprentice who was shot this morning, other than that he comes from the inner city and possibly from a disadvantaged economic environment. This young man had obviously been encouraged or had decided to make something of his life but he was callously murdered because he happened to be in the wrong place at the wrong time. As a child, I was a great fan of 1930s gangster films.

Many Members are offering. The Senator should be brief.

We want to hear what the Senator has to say.

Unfortunately, we do not have time to do so.

I appreciate that.

I would love to hear what Senator Mooney has to say but we do not have time to do so.

I was merely attempting to ask the Leader if she agrees that there is a need to follow the example of what happened in America in the 1930s, when a group know as "the untouchables" was established? I have always accepted the primacy of the law. I support the views expressed by other Members and perhaps there is a need for the Tánaiste and Minister for Justice, Equality and Law Reform to examine the nature of due process. If the Garda Síochána is aware of the identity of those who carry out crimes of this nature and if its members cannot touch them, there is then a need for change.

The Special Criminal Court was established to deal with the Provisional IRA and it sat in the absence of juries. As Members are aware, widespread intimidation of witnesses has taken place. Will the Leader convey to the Minister the horror of Members regarding what has happened and ask him to reflect on the way forward?

I applaud the brave and courageous students in Tehran who have taken on the maniac President Ahmadinejad. The latter has been hosting a conference on whether the Holocaust occurred. I did not believe that there were such brave dissenters within the troubled country of Iran. I wish to record the dismay of a great many people, particularly the victims of the Holocaust, that such an outrageous conference is taking place in what is purported to be a civilised country.

As already stated, many Members are offering. I ask Senators to be brief in order that we might accommodate everyone.

I wish to add my voice to that of other Senators who expressed their horror at this morning's killing and also at the murder of an innocent man in Kilkenny who was merely going about his business. The way these people were killed has been a shock to everyone. On many occasions, we have expressed our horror in respect of events of this nature. However, there really has not been an improvement in the situation. The situation on the streets is growing worse as innocent bystanders are getting caught in the crossfire between gangsters. It is out of hand.

We have called on the Minister for Justice, Equality and Law Reform to come to the House, and he has, to tell us what he proposes to do about the matter. It is unacceptable that so many guns are available. When innocent people are killed it is time for the Minister to do something more serious. We want to hear what can be done, whether longer sentences for those who are caught, greater resources for the Garda Síochána or stiffer legislation to ensure people are safe on the street, in their workplaces and going about their business.

I share the call for a debate on the cost of nursing homes and the future plans in this area. This Government has a fine tradition of providing for the future, as the National Treasury Management Agency encourages people to take out pensions. Two major costs most people encounter during their lives are school fees and long-term nursing home care. It is possible, through long-term and ultra long-term bonds to provide for these costs.

The Government might step in and assist through tax relief or double tax relief at top marginal rates because if people make provision early enough that small sum can become significant. If there were tax relief for the long-term bonds, as there is for pensions, using the 72 rule, which is the mathematical formula for the number of years it would take to double one's money at a return of 13%, a sum would increase tenfold over 50 years if one put it away at an early age. That would make a difference for the future.

I wish to call for a debate on the situation in Iran. For the first time we are hearing again the calls that were heard in the 1930s in Europe about the Jewish people. I address my remarks to the President of Iran who said the State of Israel should be wiped off the map. It is unacceptable for any sovereign state to hold that view and all the more so if that state becomes a nuclear power.

I seek co-operation from the Senators in being brief to ensure every Senator is accommodated on the Order of Business.

I have read reports in the newspapers, including The Irish Times, to the effect that the Government might delay a referendum to deal with the fall-out from the statutory rape controversy and the age of consent. It is no secret that I oppose the lowering of the age of consent. I have said this any time the issue has been debated here. I agree with the Rape Crisis Centre that we may need to empower young people to feel firm and confident in their ability to resist pressure from older people and their peer group to have sex before they are ready.

Not lowering the age of consent will not in any way expose children to the dangers of sexual predators. That issue should be put on hold and debated further because there are differences in public opinion and within political parties. The Government should prioritise implementing the numerous recommendations of the report of the sub-committee on child protection on which there is consensus. There are 62 recommendations, all of which are important, and those which are agreed by all should be implemented without delay. There should be a referendum before the election on the need to include the express rights of children in the Constitution. I would like to have a debate on the child protection report as soon as possible.

I support the calls for a debate on the proposals to seek money from the estates of older people for the cost of nursing home care. The point has been made that older people pay their taxes, but not only that, many of the older people who would be affected by this measure paid the highest taxes ever paid in this country of up to 60% and 70%.

On foot of the "Prime Time Investigates" programme, I support what was said about some auctioneers. I commend Senator Ross for his stance and the manner in which he progressed the matter. I seek a debate on planning enforcement. I was a member of a local authority for 25 years. In many cases, ratepayers and taxpayers have picked up the bill for the completion of estates. Clearly, that is wrong.

I welcome the call for a debate on the recent announcement pertaining to nursing homes. It is important old people who are currently in nursing homes, or are due to go into nursing homes, would be able to put aside the concerns that have been expressed in recent weeks. Excellent proposals are contained in the Minister's policy document but it merits discussion. I call for an early debate on this matter.

We had a useful debate on the motion referred to in the names of Senators Ross and O'Toole but perhaps we need to have another one. As someone who has long held an auctioneer's licence, even though I am not currently practising, I spoke in that debate. We were all agreed on the issue in this House. None of us condones what was referred to in the programme concerned, which I have not seen but about which I heard this morning on a radio programme. Any and all corrupt practices must be firmly rooted out.

Does Senator Coghlan have a question?

We will not debate the issue at length now as many Senators are offering.

I will not debate it. I appreciate that. I never hold up the Cathaoirleach. As has been said, the commission made useful recommendations.

Senator Coghlan is not holding up me, he is holding up the House.

I will not do that either. I ask that the Leader would arrange to have a debate on this matter. We need legislation.

The Competition Authority's report is largely redundant. I very much agree with what was said by Senator O'Toole. Many of the recommendations have been already implemented as the process took five years. I am not critical of it. I also agree with what Senator O'Toole said about legal conveyancers.

I welcome the report of the Competition Authority in respect of the legal profession. It was long overdue. The Tánaiste and Minister for Justice, Equality and Law Reform is taking some initiatives in this area. I call for a debate on that report early in the new year because the Law Society and the Bar Council are already circling their wagons with a view to rubbishing the report and avoiding its implementation. That would be a travesty. This is one sector that needs to be independently regulated and we should move in that direction.

I am disappointed the report on the bombing of Kay's Tavern by the sub-committee on the Barron report of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights is not on the Order Paper. The suggestion was made during a debate last week that it might be postponed. I remind the House that the committee has called for a debate in this House and the Lower House to address the issues involved. The victims have been crying out for truth on these matters for 30 years. To assist them in their efforts to seek closure, I urge that the report, which recognises that this State has also failed the victims, is debated and that we do not compound their hurt by these Houses also failing the victims. I seek a debate at the earliest possible opportunity on this important and scandalous issue.

When the State was founded, we established a Garda force that was unarmed. Ten or 20 years ago, if a murder took place in the State in which a gun was involved, it received banner headlines. What happened recently in Kilkenny was very sad, but even more threatening is what happened in Finglas this morning. I know both areas very well. There are many scared people not only in Finglas but in Dublin because of what happened this morning.

I would not be surprised at reprisals or at calls for different steps to be taken. We have a debate on policing tomorrow. That is the occasion to focus to see whether we can help to ensure that the police force which was established in the State so many years ago has the ability to achieve what it set out to do, namely, to protect its citizens. Am I correct in saying the debate takes place here tomorrow afternoon?

On policing?

Statements on defamation?

I thought there are to be statements on policing.

Statements on the tribunals.

The Morris and Barr tribunals and so on.

Rather than call for new legislation and new laws let us debate how we can ensure we have the police force required to protect our citizens.

I welcome the announcement at the weekend in response, inter alia, to calls made here that No. 16, Moore Street, is to be preserved. It was the last point of repair of the 1916 leaders and others before the surrender. I appeal to public authorities to show due sensitivity in their plans to historic properties whether because of their historical or architectural importance.

I welcome the plan announced by the Minister for Health and Children. We debated some of these matters last week. It represents substantial progress. While there is detail that needs to be teased out, it is an enlightened and progressive move that has the potential to remove many of the worries faced by families at present.

I condemn the savage death of Alan Cunniffe and the young man in Finglas. The instinct in all of us is the sense of the volunteer, to chase somebody who is robbing a post office or a bank. I was in that situation more than ten years ago when a bank was raided beside me and I ran after the armed raiders. When I think now of what could have happened my blood runs cold. I would like it to go out from this House that we have professional men and women, very brave people, in the Garda Síochána, and we should contact them because we are dealing with savage, violent criminals, rather than take our lives in our hands. That is not to take from the bravery of the young man. I ask that the Tánaiste and Minister for Justice, Equality and Law Reform come into the House for a debate on crime and to outline what he intends to do. Clearly we have lost the battle in the fight against organised crime. We do not want to go through another Christmas with a repeat of what has happened during the past few years.

In my document, A New Approach to Aging and Ageism, I wrote extensively about the financing of long-stay care for older people in residential homes, both private and public. One of the points I made was that the issue of financing of residential care for older people is divisive in society. I compliment the Minister for Health and Children, Deputy Harney, for putting her proposal on the table yesterday. I draw the attention of the House to the scurrilous picture in the Irish Daily Star today of the Minister——

It is not in order to exhibit newspapers in the House.

—— who had the courage to put her proposal on the table. It is derogatory.

Hear, hear.

What it says about the Minister is, "Mary the blood sucker". That is disgusting Irish journalism on a woman who is doing her level best for older people in Ireland.

I agree with Senator White. I thought the headlines were appalling and irresponsible. The Minister has put forward an interesting proposal. A degree of sensitivity is required. It is possible to add to it because there is potential for unfairness. There are different values for houses and it may affect some people more than others. I have worked with Age Action Ireland and have heard it refer to this as an example of ageism. What does it expect in old people's homes? It is not a maternity ward. Of course it affects these people. This kind of silly comment is regrettable. I do not believe there is as much interest as people posture about either in the newspapers or politically even in this House. I spoke in the debate last week and it collapsed.

It did not collapse.

It ended before the time allocated had elapsed.

It ended five minutes early.

On drugs, I share the horror at the death of this young man. It was only a matter of time before there were civilian casualties in this war. It is a very problematic area. This country cannot handle it on its own. It is an international problem. I take the very unpopular but realistic view that we need to legalise, license and control these substances. What is driving the trade internationally is the profit motive. Many of the countries that are strongest in their condemnation of drugs are the very ones that fuel it, such as the Governments of the United States and the United Kingdom, which turn a blind eye to the convoys going through Uzbekistan for their own political reasons.

I join my colleagues in calling for a debate on the Middle East. Although I share Senator Ryan's views on the dreadful plight of the Palestinians, I regret that, Ismail Haniyah, the Prime Minister designate of Palestine, said in Tehran that he was on a jihad that would not end until the city of Jerusalem was re-conquered. Will the Leader request the Minister for Foreign Affairs to call in the Iranian ambassador and rebuke him for the conference that is taking place? It is outrageous that this happens.

Hear, hear.

The denial of the Holocaust is a catastrophic moral blemish on the people of Iran.

Senator——

The people from the West should have gone there to tell the truth. My final point is——

The Senator is getting great latitude.

An honourable Palestinian delegate from Nazareth wanted to attend and say that the Holocaust had happened. The Iranians, having issued an international invitation, refused to allow him to attend. They should have been shown up by every reputable scholar from the West turning up there to tell the truth.

I join colleagues in speaking about the armed crime of recent days involving a number of murders. I condemn the activities of those who committed the crimes and urge the Minister to become more active in pursuing those kinds of criminals. Senator Feighan spoke about the particularly poignant case of Alan Cunniffe in Kilkenny who had just taken over as postmaster from his mother last Wednesday. We discussed post offices in this House on a number of occasions. He was shot on the street outside his post office on Friday. I never expected such an event on the streets of Kilkenny, but it has now happened. Such events are all too common and the Minister for Justice, Equality and Law Reform, rather than directing his mock anger at the media, would be better served directing it at the perpetrators of such horrific crimes.

I agree with other Senators who expressed concern at the proposals announced yesterday by the Minister for Health and Children regarding nursing home care and the possibility of making a link to deceased people who have been in receipt of nursing home care of up to 15% of the value of their home. We should have an early discussion on the issue. I do not agree with it.

Deputy Twomey did.

More misrepresentation.

It is 5% for one.

A number of sources have mentioned 15%. I agree with other Senators who have called for regulation of auctioneers and valuers. I do not have the in-depth knowledge of Senator Ross. It is my understanding that many people who are involved in this business for many years would like to see effective regulation. We should take that approach as soon as possible.

In speaking about the dreadful double murder this morning in Finglas, Senator Brian Hayes observed that for many years we all worried privately and in our public discussions about the activities of subversives and that what is happening now is another type of subversion, equally dangerous to that which occupied our minds for so long. He asked how the Minister for Justice, Equality and Law Reform proposes to deal with such summary executions.

The Senator also spoke about the exposé of the housing market that featured on "Prime Time Investigates" and, in particular, the connection between mortgage companies and particular buyers. I agree the extraordinary evidence of insider collusion is the worst aspect of the matter. First-time buyers must scrimp, save, beg, borrow and cajole to purchase a home, and their entire future and life aspirations are bound up in that. Some of these practices are already unlawful under existing legislation. The Data Protection Act 1988, for instance, imposes restrictions on the exchange of information about individuals.

Senator O'Toole echoed Senator Brian Hayes's comments on the murders in Finglas. He also referred to the Competition Authority's report on the legal profession. The latter is the last frontier in terms of the lack of a system of independent regulation. I was displeased with the comments of a certain director general — whom I will not name — whose knee-jerk reaction involved a defence of what had and had not been done and what would not be done in future. In many cases, we are faced with mysteries wrapped up in further mysteries. We all agree there are many decent solicitors and barristers and many of us depend on such people for our legal dealings. There are many areas, however, in which we are not allowed step into their world. I do not know why this is the case.

Senator Ryan observed that in the past, members of the Garda Síochána would attend any meeting in respect of which there was even a suggestion of anything subversive. The Senator called on the Minister for Justice, Equality and Law Reform to attend the House to speak about resources and priorities for the force.

He also called for a debate on the nursing home proposals. The Minister for Health and Children, Deputy Harney, said in a television interview last night that she wishes to facilitate a regime of consultation on the matter. She has given me an undertaking to come into the House in the first week of the new session to discuss her proposals. Committee and Report Stages of the Health (Nursing Homes) (Amendment) Bill 2006 will be taken in the House after Christmas. By its nature, however, Committee Stage is a truncated mechanism. I welcome the Minister's undertaking to discuss the matter with Senators. Her proposals are worthy of debate.

Senator Ryan reminded us of the sufferings of the Palestinian people and observed that large numbers of them face slow and painful deaths through hunger and disease. He asked that all our consciences be finally awakened on this matter.

Senator Leyden referred to the shooting dead of the postmaster in County Kilkenny. He also spoke about the Competition Authority's report on the legal profession. I agree the "Prime Time Investigates" investigation was powerful in the way it got to the heart of the matter. We were already aware of many of the issues but it is hugely important that they were highlighted in conjunction with related matters in this way.

Senator Finucane referred to the photograph of the Minister of State at the Department of Finance, Deputy Parlon, and the Minister for Justice, Equality and Law Reform, Deputy McDowell, at the official opening of the Data Protection Commissioner's office in Portarlington. There is nothing unusual in such a joint appearance.

I agree with the Senator that the saddest aspect of today's double murder is that the young apprentice plumber was an entirely innocent and unwitting murder victim. He heard and saw what took place and his life was deemed expendable. His murderers simply got rid of him in case his presence at the scene of the crime posed any danger to themselves.

Senator Finucane also referred to specialised programmes for people who have been in certain types of job and may want to change, particularly in the case of the Castlemahon Foods workers. I will convey the Senator's views to the Minister for Enterprise, Trade and Employment.

My point is that the limitation for such courses should not be at a maximum of €650.

Yes. Senator Ormonde called for a debate on auctioneering and congratulated the Minister for Health and Children on her imaginative scheme for care for the elderly.

The weather on Sunday was dreadful but I thoroughly enjoyed Senator Ross's article in the Sunday Independent. It was a clever piece in which, under the name Seán de Rossa, he applied for an auctioneer’s licence and received it in six weeks. He spoke of auctioneers handling vast sums of other people’s money without being supervised. They have always had immense political clout. It is not just a few cowboys. Last night’s “Prime Time Investigates” programme showed auctioneers are already in breach of the Data Protection Act by exchanging intimate information about property deals.

Senator Mooney spoke feelingly about the apprentice killed on a caprice in Finglas today. He was killed because he just happened to be in a particular place. He got himself a good training. Senator Mooney also referred to the students in Teheran who shouted out that there was a Holocaust. I do not know what they are at in Iran. I heard an imam this morning on the radio claiming there were 60 people killed in the Holocaust.

Senator Terry added her voice to the condemnation of the terrible killings in Dublin and gun crime. Senator Hanafin called for a debate on nursing homes. The Minister for Health and Children has already stated she wants a debate on the subject. He spoke of the attractive nature of long-term bonds which would be productively used in the care of the elderly. He also spoke of the situation in Iran.

Senator Tuffy is against lowering the age of sexual consent. She wants a further debate on this and the child protection report. She called for a referendum to give more emphasis to the rights of the child in the Constitution. My fear is that this will be inadvertently linked to the furore over the lowering of the age of sexual consent. It will be muddied up in it when the rights of the child stand on their own merits.

Senator Glynn called for a debate on planning enforcement and the completion of housing estates by developers as the taxpayer and the innocent end up paying for it. He also called for a debate on the recently published nursing home proposals of which he is in favour. We must check the small print and see what the proposals really mean.

Senator Coghlan called for a debate on auctioneers. Senator Jim Walsh called for a debate on the Competition Authority's report on the legal profession. I cannot understand why the legal profession does not see it as a good move. Maybe we were lazy, but we have adopted the same format as used in the Dáil to discuss the various tribunals and reports on the Garda. Senator Walsh believes we should have included the Dublin-Monaghan bombings, the murder of Seamus Ludlow and the bombing of Kay's Tavern in Dundalk. On matters such as this, the Seanad takes its lead from the Taoiseach's office. I will see if there is a chance to include the reports on collusion between security forces and loyalists.

Senator Quinn claimed that after the recent gun crimes many are in fear. He believes there will be a regime of reprisals for today's murders. Senator Mansergh is glad, as is Senator ÓMurchú, that 16 Moore Street will be preserved. He also welcomed the proposals on care for the elderly from the Minister for Health and Children which he thought were enlightened and progressive.

Senator Feighan spoke of today's Finglas murders. He also pointed out that when he was a shopkeeper he chased criminals from his shop. A similar incident to that in Kilkenny could have happened to him. The Garda is the only barrier between us and criminals.

Senator White praised the Minister for Health and Children. She spoke of the repugnant depiction of the Minister in one of today's newspapers. We need a press council to deal with such matters. It was awful and I could only think of how the Minister would feel looking at it. We are supposed to have thick skins but we have not.

The Leader has been there herself.

Senator Norris claimed the nursing homes Bill collapsed last week. I was in the Chamber for what was a lively debate on the Bill. Every Member who wished to speak on it had an opportunity to do so. It did not collapse in the real meaning of the term. It ended five minutes earlier than its allocated time.

It would have collapsed earlier if I had not come from a meeting and spoke on it.

Senator Norris spoke very well in the debate about his dear aunt who was in the Alexandria nursing home. Senator Norris called for the Minister for Foreign Affairs to call in the Iranian ambassador to rebuke him on a conference being held in Tehran.

Senator John Paul Phelan spoke on armed crime in Finglas and the killing of the postmaster in County Kilkenny. The victim did have Roscommon connections. Senator Phelan also called for a debate on the nursing home proposals and the regulation of auctioneers.

Order of Business agreed to.
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