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Seanad Éireann debate -
Wednesday, 13 May 2009

Vol. 195 No. 7

Order of Business.

The Order of Business is No. 1(a), Adoption Bill 2009 — Report Stage, to be taken at the conclusion of the Order of Business and to adjourn not later than 5.30 p.m., if not previously concluded; and No. 29, Private Members’ motion No. 32 regarding the lack of business confidence, to be taken at 5.30 p.m. and to conclude not later than 7.30 p.m.

I take the business of the Seanad, namely, our discussions, debates and the work we do, very seriously. I am outraged at the idea that this House did not meet yesterday to facilitate a game of golf. That is simply not acceptable. The public is so disillusioned that we had pensioners throwing eggs at the AIB board at its EGM in Dublin today. People are unemployed. It is simply not acceptable that there is a story out there that this House did not meet yesterday to facilitate a game of golf.

Senators

Hear, hear.

I wish to put that on record. The first I heard of this is when a journalist called me last night to ask if we had agreed to the House not meeting to facilitate a game of golf. Of course, that is not true. Last week in this House I called for debates on the protection of children. I called for debates on the amendment to the Constitution on children. My colleagues called for debates on a range of topics. I have a list of discussions, debates and legislation we wish to bring to the floor of this House. That could have been done yesterday. There are 84 amendments to the Adoption Bill. They could have been discussed yesterday. The first I heard of the Seanad not meeting on Tuesday was also yesterday. Who made a decision that this House was not going to meet on Tuesdays for the month of May? That is the first I have heard of it.

Last Thursday evening on a motion for the Adjournment, the House agreed that the next sitting of the Seanad would be today at 2.30 p.m. Any objections to the proposed date should have been made at that time.

I wish to make it absolutely clear there was no discussion with the Opposition on the sitting date.

The House decided.

As far as I am aware, there have been no discussions with me or anyone else on this side of House.

No, there were not.

I want to make clear that there were no discussions——

I was not here but I assume all parties were represented at the close of business.

——about the changes to the Tuesday sittings.

That is the problem, they were not.

There were no discussions about the changes to Tuesday sittings. The Leader stated to the media that the Seanad will not sit on Tuesdays in the month of May. Is there no legislation coming from the Government? Is there no business coming from the Government? Are there no debates on the list, in spite of the many debates that we have called for here, including debates on the economy, that could have taken place yesterday or on other Tuesdays in this month. I will put an amendment to the Order of Business to discuss the scheduling of work of the Seanad for the remainder of this term.

Small business representatives stated today that 48% of them could not get credit last year, and that this has risen to 58% this year. Jobs are being lost all around us and we need to be debating these important issues, highlighting solutions and talking about the Fine Gael jobs plan in this House on a daily basis while we are sitting. There is no need to cut the sittings of this House to two days. If this is the way Fianna Fáil is to run the House, it is unacceptable. It is little wonder people are fed up with the way it is running the country if this is the way this House is being run.

I support completely the points made by Senator Fitzgerald. I was outside those gates at 7.25 a.m. yesterday waiting for them to open and I got home last night at 10 p.m. That is no different from many other people in this House. I worked a full day and took no notice of it, no more than do all the other people here. To read in this morning's newspaper complimentary remarks on my game of golf yesterday is absolutely outrageous.

I confirm what Senator Fitzgerald said. As far as I am aware, there was no discussion with anybody on this side of the House about this decision. The Cathaoirleach may well be correct about what was said at the end of business last week. Leaders' meetings, which take place once a week, have become irrelevant. Private Members' time was changed last week without consultation with us, even though it was our slot. We had arranged for people to come in at that time and that created an embarrassment. One of our people who was on the radio this morning was embarrassed by not knowing why we were not sitting yesterday.

If we have reached a stage where the business of the House takes less precedence than a game of golf, we have lost it. At a time when this House is under closer scrutiny than ever before, this brings it into disrepute. If people want to take a couple of hours off to play golf, I have no problem with that as they work long hours, but my problem is with closing down the business of the House. The statement that we do not sit on Tuesdays in May was apparently attributed to the Leader, but, from my diary, last year I spoke in this House on Tuesday, 13 May, Tuesday, 20 May and Tuesday, 27 May. I am not sure about 6 May, but the idea that we do not sit on Tuesdays in May is another red herring and I do not accept it. It indicates a certain arrogance, disrespect and disregard for the way we do our business. I am embarrassed by it and the Leader should acknowledge that the House has been brought into disrepute in this regard.

If there was some urgent reason from the Government not to sit yesterday, then we would have been prepared, as we always are, to co-operate. There is a list of issues that needs to be discussed. The Leader gave us a commitment that we would discuss the economic situation on a regular basis. We could talk about other issues that have not been dealt with. I am utterly disappointed at the way this House is being treated. I will not seek to justify it to an audience outside. We owe an apology to the people who elected us whom we represent and I would like a commitment that it will not happen again.

There may be times when it is not reasonable or necessary to meet on a Tuesday, but that is not the issue. The issue is about how this was done and the reasons for which it was done. It is an embarrassment and it brings us into disrepute. I am disappointed, Leader. It makes a comedy of the idea of meetings of representatives of the groups each week because they mean nothing and they get us nowhere. The Leader asked us for co-operation in the past few weeks and it takes a brass neck to ask one week for our co-operation, while the next week to change business and the following week to close the House for one day without discussion or agreement.

I join with what previous speakers said in regard to yesterday's embarrassing incident. I feel privileged to be a Member of this House and I am proud to be here representing viewpoints and doing what I need to do. What happened yesterday is bad press that we do not need given the calls for reform of the Seanad. This type of behaviour sends out the impression that we do not take our job seriously, which is wrong.

The Health Service Executive published a report a few weeks ago on St. Luke's Hospital and St. Michael's unit, St. Joseph's Hospital, Clonmel. We must provide every resource necessary for our mental health service. Members will be aware of the tragic events in respect of a family in Wexford, as published in a report this week. Last week, I spoke about the befriending service in south Tipperary Hospital, the services of which are to be withdrawn as the €20,000 funding it requires is unavailable. By my reckoning, the cost to the State of supporting people unemployed as a result of this decision will be €20,000. I would like if serious consideration were given to mental health services and to the provision of necessary funding to allow people to avail of services that have proven cost effective. The provision of this service ensures people do not have to seek more expensive treatments when a befriending service is not available to them.

Estate management fees is an issue raised regularly with me on the doorsteps. I raised it in the Dáil when a Member of that House. Young people in the Dublin area who are struggling to pay mortgages are also being hit with exorbitant estate management fees of €1,100-€1,200 per annum, which is a rip-off. This is nothing short of extortion. There is very little management of estates taking place with some people having only a bin provided in respect of the fee paid. I ask that the Leader invite the relevant Minister to the House to debate this issue. Our young people are suffering enough without having this money extorted from them under false pretences.

I am appalled and outraged at the media comment attributed to this House yesterday and in today's newspapers. The approach is symptomatic of the manner in which the Government is running the country, namely, arrogant, out of touch and it does not care. What message does this send out to, for instance, the woman I met yesterday who, despite having sent out 150 curriculum vitae's since the first Friday in January, has received no replies or interviews; the two people paying a mortgage of €1,600 per month, both of whom have lost their jobs and are graduates of University College Cork; to the parents of a special need child whose home help hours have been cut or to the small and medium enterprises struggling to get credit?

This House should sit on Tuesdays and should hold Ministers to account. If the Leader cannot do his job, he should resign and let others do the job. Go Leader, resign and let us debate issues of interest to the people. I am appalled to have been contacted yesterday and today by journalists asking me how my game of golf went. We are working on behalf of the people. All of us are here to represent the people. It is about time we put people first. I do not know the reason the House did not sit yesterday. I accept there may be days on which we have no legislation. Is there a lack of legislation coming from Government? We are here to represent the people. This is the Upper House of Parliament and we are the people's representatives and must be their voice. We need answers. Also, we must hold Ministers to account. The Tánaiste and Minister for Enterprise, Trade and Employment has not once since taking up that position come to this House to debate the issues of job creation or unemployment. The Minister was in the House last week, although on a different matter. We need answers on behalf of the people who are suffering, not pious platitudes.

I take this opportunity to wish Michael Phelan, senior usher, every success on his retirement tomorrow. He worked with distinction for 27 years in his House. I wish him well and thank him for his service to the State.

I ask the Leader to invite to the House the Minister of State with responsibility for housing for a debate on the rights and obligations of landlords and tenants in the context of repossession orders. The Landlord and Tenant Act and the Residential Tenancies Act together with regulations assist parties in the case of disputes. However, the legislation when enacted did not anticipate a scenario of foreclosures by the banks and third parties, and interference with tenants' rights. This issue was brought to my attention by a young couple who are being evicted. They pay rent to the landlord. The landlord is being evicted from the property and he got no word whatsoever. I cannot understand why the Private Residential Tenancy Board cannot be involved. This person rented his property through Lowe & Associates. He received no notification and has been told to get out of the property.

The sheriff has served notice that anyone in the property should get their personal belongings out of the building as quickly as possible. In order for the sheriff to execute an ejectment order, the matter must have passed under the examination of the courts. Judges should be aware that tenants have rights in their own regard. They are not the people who have defaulted on the loans. This man has paid approximately €1,600 in advance payments. He has no protection under the law. We need to arrange a debate on the matter in the House. In the present climate judges should bear in mind the tenants before signing an order for ejectment.

In 30 years in the House, I never spoke to the city sheriff, but I spoke to him today. I am asking him that in future he should check out the building before serving notice on the people involved. There are 128,696 individual tenants all of whom feel unprotected in this regard. In the circumstances we should have a discussion on the matter. This young couple are practically being thrown out on the side of the road, not through their fault — they paid the rent to the landlord. They do not even know the address of the landlord nor does the sheriff. The judge obviously did not know the landlord's address. The tenant does not know the address of the landlord and was not informed of the ejectment proceedings. A note came in through the door to all concerned advising that they should take their possessions out or find themselves on the side of the road within two weeks. In these circumstances——

This is a matter that would be suitable for discussion on the Adjournment

——it would be worthy of debate in the House.

If the Senator asks for it to be discussed on the Adjournment, he might well get what he wants.

The Senator should have some respect for the Chair.

This House would be well utilised in having such debates.

On a number of occasions I have raised the topic of the waste of paper. On a regular basis we all seem to receive an enormous amount of paper through the mail, which is no longer needed. I was very impressed to receive today on DVD the report of the Irish Film Classification Office, which used to be called the Irish Film Censor's office. It seems very sensible to avoid paper. I ask the Leader to draw to the attention of the Minister responsible — I presume the Minister for the Environment, Heritage and Local Government, Deputy Gormley — the need to reduce the amount of paper we all get, which would help the environment.

While I am discussing the environment, I mention the horrific spate of deaths by poison of birds of prey that have been reintroduced to Ireland — the red kite in Wicklow, the white-tailed eagle in Kerry and the golden eagle in Donegal. A number of them have been poisoned deliberately, which is a shame. I am not sure what we should do about it. We have lost face with those countries that gave us back these birds, including Norway, Scotland and Wales. We have had that opportunity and we find that people are deliberately poisoning these birds, which is unacceptable.

I played golf yesterday and I am sure the Leader will provide an answer in this regard. However, I do not believe it is linked to the fact that Members did not work in this House yesterday. While I will be accused of being biased, and perhaps I am, I believe the decision not to work yesterday also has been made a number of times in the past. Therefore, when criticising the fact that Members did not work yesterday — I do not defend it — I am sure there was no particular work to be done on that day.

That is a bit thick.

I simply wish to state——

Why is there not such work?

Senator Quinn, without interruption.

——I have heard the same views being expressed on occasions in the past, to the effect that Members have not been given more legislation by the Government and have spent time on statements instead of having legislation.

However, many debates have been called for.

That is the Government's fault.

I believe that on that basis, there have been occasions when it has been wasteful of Members' time to come into the Chamber and then disappear within a short time because legislation has not been presented to them by the Government. I urge the Leader to ensure the Seanad has legislation with which to deal as there is not too long to go before the conclusion of this session.

I share the concerns expressed by my colleague, Senator Brady, regarding the excessive fees being charged by management companies. This area undoubtedly requires regulation.

That at this difficult time young people could find themselves facing additional and increased charges when they can least afford is a matter the House could consider and debate with good merit.

I support the proposed amendment to the Order of Business to discuss the Seanad's programme of work because Members' first duty is to the House to which they were elected. Sadly, what happened yesterday was disrespectful and, given the manner in which it has come across, it could be taken to be disgraceful. An apology should be issued because the Leader must work through consultation. It is clear from what has been stated that as Leader of the House, he has let Members down. There was no consultation, this House should have sat yesterday and there was no reason for it not do so do.

With respect — I say this because I have respect for the Leader and the office he holds — he cannot run this House as though it was his own personal fiefdom. He cannot run it to suit his own agenda. Everyone should be consulted and at a minimum, there should be consultation among the leaders of the groups, who I thought all got on well together. Sadly, arising from what has been drawn to my attention today, unless the Leader gets this right he will lose the confidence of this House and of his own colleagues in particular. That is not something for which any Member wishes because it demeans us all and lessens the House. There was no agreement of which I am aware that this House should not sit on Tuesdays in May. Like Senator O'Toole, I was present both last May and in previous Mays on Tuesdays. Consequently, there is no reason of which I am aware that the House should not have sat. I await the Leader's response in this regard.

I support the points made by colleagues about excessive and exorbitant management fees and the comments regarding the rare species of birds that sadly are being destroyed, but more of that anon.

I ask the Leader whether it would be possible to have a debate on the Irish Credit Bureau. In these more difficult times, in which people struggle to meet mortgage and other loan repayments, this matter must be addressed. I refer to the scenario whereby for legitimate reasons, someone misses a single payment but can be blacklisted by the Irish Credit Bureau. This would not reflect those individuals' true standing but could affect legitimate loan applications in these times in which it already is difficult to secure financing and funding.

This matter requires a debate.

Previously, I raised the issue of an open debate on the Committee on Procedure and Privileges for all Members. Other issues could be dealt with in this regard, not simply the listing of people's names I mentioned last week, including the perceived wastage of paper to which Senator Quinn referred, as well as Members' standing in the media.

On that issue, I welcome the media's keen interest in the affairs of Seanad Éireann this morning.

I hope that in respect of other valuable debates and innovations that are conceptualised in this House, the media will cover them in the appropriate fashion——

——and not just in a demeaning way, such as how it was suggested we did not sit yesterday because of golf. I am not a golfer and I am available to sit in this House 24 hours a day, seven days a week. I speak for 99% of colleagues on both sides of the House when I say that.

The Leader will clarify the situation in his response. It is disingenuous in the extreme for a news media organisation such as INM to perpetrate such a criminal suggestion upon instruments of the State, which Members on both sides are. I am more than prepared to sit any day of the week, particularly Fridays, Saturdays and during the night, but it was far from the front page I saw on those occasions. From Fine Gael, Independents and this side, I have heard suggestions and innovations from all disciplines considered by the Houses of the Oireachtas but I have never seen this on the front page. If the media want to be the true representatives of the people, it is time they represented the views of the entire Houses of the Oireachtas and not just selectively when they want to represent disrespectfully and in a gimmicky way what is going on.

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