Skip to main content
Normal View

Seanad Éireann debate -
Wednesday, 20 Jun 2012

Vol. 216 No. 2

Order of Business

It is proposed to take No. 1, motion re the renewal of certain provisions of the Offences against the State (Amendment) Act to be taken on the conclusion of the Order of Business and to conclude within 45 minutes, with the contributions of spokespersons not to exceed five minutes each and the Minister to be given five minutes to reply; No. 2, motion re the Criminal Justice (Amendment) Act 2009, to be taken on the conclusion of No. 1 and to conclude within 45 minutes, with the contributions of spokespersons not to exceed five minutes each and the Minister to be given five minutes to reply; No. 3, Criminal Justice (Withholding of Information on Offences Against Children and Vulnerable Persons) Bill 2012 — Report and Final Stages, to be taken at 1.15 p.m. and to conclude not later than 2 p.m.; and No. 4, Animal Health and Welfare Bill 2012 — Committee Stage (Resumed), to be taken at 3.15 p.m. and to conclude not later than 6 p.m.

For the information of the House, tomorrow afternoon I propose to schedule the Committee and Remaining Stages of the Criminal Justice (Search Warrants) Bill 2012 as there will be no Government amendments and I understand from the Bills Office that we have not received any Opposition amendments. That is the reason I intend taking the Remaining Stages tomorrow.

I ask the Government to confirm its position with regard to the proposed takeover of Aer Lingus. I record that for the past number of years my party has been opposed to the sale to Ryanair of the remaining stakeholding in Aer Lingus on the grounds that it would not be good for the consumer, and it is certainly not good for competition. We believe the stake the Government holds is a strategic stake held on behalf of the people. I would like to know when the Government will make a statement on its position.

I ask that we arrange for the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, to come to the House before the summer recess to discuss a number of issues on the environment side, not just the household charge and how the Government intends to proceed with the collection of non-payments. I understand the report on the Government proposals on the new property tax will be published next week. Those must be teased out here in great detail with the understanding that the vast majority of people cannot afford a property tax that would run to thousands of euro per annum, but it would be useful to have that debate. The debate should be broad ranging because I want to ask the Minister about his plans in the next two years for water and environmental infrastructure. This year, the Department has set aside €386 million towards the provision of additional wastewater treatment. I have been trying to tie the Minister down with regard to why we have wasted €17 million so far on consultants' fees for the imposition of a monster wastewater treatment plant in north County Dublin to service the greater Dublin area and why a strategic environmental assessment, SEA, was not part of the consultation process. It would be useful to have the Minister, Deputy Hogan, come to the House for a broad-ranging debate on these issues. I believe the report of the Constituency Commission will be available tomorrow, so that debate would also provide an opportunity.

We gave a guarded welcome to the announcement the week before last that the Government intends to proceed with the constitutional convention. However, the convention will only deal with two issues, first, the proposed reduction in the term of the President from seven to five years, which I do not view as major political reform, and, second, an assessment of whether the voting age should be reduced from 18 to 17. All of us would agree that is not a heavy load of work for the convention. The most significant political reform the Government has proposed is the abolition of the Seanad. Any right-minded person in or outside this House believes this issue must be teased out in greater detail. With that in mind, I propose an amendment to the Order of Business today that motion No. 9, which was tabled by me and signed by the leaders of all groups, apart from the Labour Party and Fine Gael, be taken first. This motion calls for Seanad Éireann to call on the Government to include Seanad reform in the constitutional convention. We have discussed this issue at length as colleagues across the House. I am not making a political point on this, but the Seanad should stand up and insist that a major reform such as the proposal to abolish the second House of the Oireachtas should, at least, be discussed in the constitutional convention.

Stakeholders from political parties and the general public will be there. This House has shown in this term the changes that can be made to the Seanad under existing Standing Orders and has demonstrated the relevant role the Seanad has in the legislative process. It is timely to have this debate now before the constitutional convention starts. If the convention starts without Seanad reform included as part of it, Seanad reform will not happen and we will move towards a referendum next year which will simply require a "Yes" or "No" response on the question of the abolition of the House. I ask colleagues from across the House to show confidence and support the Seanad standing up for itself and to call on the Government to include Seanad reform in the constitutional convention. I propose that motion No. 9 be taken before the first business today.

It is not the case that the constitutional convention will only deal with two issues. Those two issues are to be covered in the first phase of the convention, but a range of other issues is due to be discussed under the auspices of the constitutional convention in the programme for Government and those issues will be considered. Many of us will press hard for the convention to be effective and not limited to the two, relatively uncontroversial, matters that, as Senator O'Brien said, will be dealt with first. I hope to see a strengthened and effective convention in place.

With regard to Seanad reform, I am on record as saying I would favour reform over abolition and I have no issue about that. I hope we will have an opportunity to debate that in the House. I also hope we can debate the constitutional convention here. That should be a two way process.

I welcome the fact that this morning the Minister for Education and Skills, Deputy Quinn, will set out his response to the report of the advisory group on the national forum on patronage and pluralism in the primary school sector. The advisory group report, issued a couple of months ago, makes some important recommendations with regard to ensuring greater recognition of diversity in our primary school system. I hope the Minister will grasp the nettle on this and that he will take up the recommendations set out in the report, which are relatively moderate, but which recognise that it is no longer tenable for 90% of our 3,200 national schools to remain under Catholic patronage and that some changes need to be made to ensure greater accommodation of parental choice where parents wish to see children educated in a multidenominational manner. Currently, only 60 out of 3,200 schools are multidenominational. I have a matter on the Adjournment on this issue.

I welcome national bike week which is on this week and will include a number of interesting events, including a conference in Trinity College on Friday on growing cycling participation and closing the gender gap. Currently, only approximately 25% of cyclists in Dublin are women so we are trying to look at ways to increase the numbers of women cycling. I will participate in that and I also urge colleagues in the Oireachtas to take up the challenge of national bike week and get on their bikes and start cycling. I intend to set up an all-party Oireachtas cycling group to encourage Senators and Deputies to take up cycling.

Cycle in from Malahide. Is the Senator joking?

The sooner Members on that side are all on bikes, the better, as far as we are concerned, so they can bike out of here.

Senator Bacik, without interruption

There has been plenty of political commentary about people getting on their bikes and spokespersons. I would prefer to be referred to as a spokesperson rather than a spokesman. I urge colleagues to take up cycling as it is the best way to get around. Apart from keeping a person fit, cycling is the best and most efficient way of getting around and national bike week is an ideal opportunity to start cycling.

It is hard to get from Roscommon to Dublin on a bike.

The Senator could cycle from his Dublin base to here.

I support Senator O'Brien's proposal to deal with motion No. 9 today. It has been widely reported that the report of the independent review group on child deaths will be published later today. I greet this report with profound sadness and with a sense of responsibility and shame I bear as a member of a society that has systemically failed to protect our most vulnerable children. I commend the dedicated work and the sensitivity with which the report's authors met this agonising task and I sympathise with the family and friends of each of the children and young people documented in the report. Their stories have been told anonymously, but those who love them know who they are.

The report examines the death of 196 children and young adults, either in the care of the State or known to the State between the years 2000 and 2010. Some 112 of these died from non-natural causes, ranging from suicide to drug abuse. Each and every one of these was a child. The review group was established in 2010 by the former Minister with responsibility for children, Barry Andrews, due to concern about the HSE's inability to provide accurate figures on the number of deaths of children in State care. The reported findings seem to point to systemic failure within the HSE child protection system and documents many deaths that could and should have been prevented. The majority of children did not receive adequate child protection services. This is a damning report for all of us. We are all part of society and I see it as damning.

I have asked on several occasions over recent weeks, but now with urgency, for the Leader to invite the Minister for Children and Youth Affairs to the House to discuss this report and to set out her Department's response. This is not day one of the reform process. This report has been with the Minister for several months. I have questions for the Minister that I hope the Leader will put. Will there be an independent investigation into several high profile deaths of children in the care of the HSE or known to the agency? Will the State put on a statutory basis a provision of care for children when they reach the age of 18? What are the plans for the new, much mooted child and family support agency? What are the plans to strengthen children's rights in the Constitution? All too often children have been moved to the bottom of the priority list. This report signals the need for a system through which we will act early and decisively to protect children. Every child must and should count. We cannot have different standards for children in care and children in families. I call for the Seanad to take the leading role in part of this reform.

I would like to second Senator O'Brien's suggestion that we take motion No. 9 today. Not including the question of the abolition of the Seanad in the constitutional convention would make the convention an absolute farce. I am a little worried by the way the Seanad is going. Yesterday again, we had no Order of Business and today, again, we have no Private Members' business. It is almost as if elements in this House were deliberately winding Seanad Éireann down, but I hope we will all fight against this and that people on the Government side will show their support on this matter.

I asked the Leader last week about the communiqué from the deputy Israeli ambassador and ask now whether there is a further update on that. I understand he has just transmitted the material I passed on to him. Perhaps he will add to that material a query as to whether the policy on these actions on the part of certain elements within the Israeli embassy extended also to Irish citizens. If so, that would be a very serious matter.

I would like to raise the issue of fishing and I am glad Senator O'Donovan has put down a matter for the Adjournment on this. The recent statistics that have emerged on this are a serious concern. The total catch in Irish waters last year was estimated to be worth €1.18 billion, of which we received about €180 million — in other words, the scraps from the European table. We have the richest fishing grounds in Europe, yet foreign vessels take the majority of the catch. Every year we are handing over €1 billion worth of fish, while our own coastal fishing communities are being deliberately deprived of the opportunity to make use of this resource. They must stand idly by and watch these enormous catches being landed by Spanish and other trawlers. I am relying for this information on an interesting article in the Cork Evening Echo by Tom MacSweeney, who has done such wonderful work on behalf of the fishing community.

Finally, I welcome, if that is the appropriate word for such a very sad document, the publication later today of the report on missing children and the HSE and the State's responsibility in this regard. I and a number of others, over many years, have raised not only this general issue but also specific cases in this House. It is a developing situation and one in which Seanad Éireann has played a significant role. The stories are extremely harrowing. There is a clear problem with regard to the guardianship by the State of these sometimes very troubled young people.

Senator Mullins.

I am sorry; there is one other thing I wanted to mention. The constitutional convention should also examine not just the term of the Presidency, but, as every party in this House has said historically, the method of election. We are avoiding the real issues and just dealing with side issues. It is a farce.

Those are points that can be made during the debate.

Before I call Senator Mullins, I remind Senators that the House has decided that only one issue may be raised per Senator, other than party leaders and group leaders.

I am sure the Cathaoirleach will not prevent me from supporting Senator van Turnhout's call for a full debate in the Seanad on the report on children who died while in the care of the State, which is to be published this afternoon. As the Senator rightly said, it is a damning report and an indictment of all of us and of society. A debate is required, and processes need to be established to ensure this never happens again.

I welcome the announcement by the Minister for Jobs, Enterprise and Employment, Deputy Bruton, a few days ago of the establishment of a new website to help businesses cut costs and, hopefully, create jobs. As Senators know, a commitment was given by the Minister some time ago to make a serious attempt to cut red tape and make it easier for businesses to start up and to do their business on an ongoing basis. This new website will cut red tape in a significant way, as information on regulations imposed by more than 30 Government bodies will now be available in one place. It is important that this website be publicised in a meaningful way. The Leader might consider requesting that the Minister ask his officials to demonstrate the website to us in the AV room in the near future, so that we can all publicise it to our constituents and to businesses throughout the country. A commitment was made that red tape would be reduced by 25% as a matter of urgency, but it is important that all businesses are aware of this new streamlined service, which will make it easier for them to comply with regulations, start up new businesses and maintain existing businesses.

The House regularly and justifiably comments on and compliments members of the diplomatic staff across the world. In the last few weeks, some correspondents in the national media have referred to the retirement of an honorary consul. There are honorary consuls across the world who do an extraordinary job in promoting the interests of Ireland. They are, in a sense, unsung heroes. I ask the Leader to respond to the House acknowledging the recent retirement of the honorary consul in the Channel Islands, Ms Pamela O'Neill. I do not know Ms O'Neill personally but, wearing my other hat as a broadcaster, I am in regular contact with the Irish diaspora and I am perhaps more aware than one would normally be of the outstanding work that honorary consuls carry out, mostly in unpaid positions, in promoting the interests of Ireland abroad across a wide range of social and economic activities and particularly in the tourism area. Perhaps the House will join with me in wishing Ms O'Neill well in her retirement and thanking her officially for the outstanding contribution she has made to promoting the interests of Ireland in the Channel Islands.

Senators

Hear, hear.

I support Senator van Turnhout in her call for the Minister for Children and Youth Affairs, Deputy Fitzgerald, to come to the House as a matter of urgency to discuss the report of the independent review group that was set up to investigate the deaths of almost 200 children in State care. This report is evidence that we do not treat all of the children in this country equally. However, I do not think it tells the whole story. Harrowing and all as these stories are, any study of the deaths of people who had accessed homeless services or drug abuse services or been in the prison system would show that there has been a far greater number of deaths among those who have experienced State care. We know, for example, that two thirds of all children who leave State care end up homeless. We know the connection between homelessness and prison, drug abuse and early death. I call on the Minister to go further than simply examining the deaths of those children who are clearly part of the system and to engage in a longitudinal study investigating those children who have been in care and who end up homeless, involved in drug abuse or with the prison system.

In this way we can obtain a true and accurate reflection of the way in which we are not caring for the children in this society.

I call on the Leader to lobby the Minister of State at the Department of Health, Deputy Kathleen Lynch, to publish the Laurence Crowley value for money report and policy review of the HSE's disability services as a matter of urgency. If we cast our minds back to last January, when I introduced a Private Members' motion in the House that highlighted the glaring flaws in disability spending, we will recall that the debate on that gloomy Wednesday evening was one of the most productive discussions in the Chamber this past year. The session was lit up by the Minister of State's powerful and passionate contribution on disability. Nevertheless, it is now time for her to step up to the plate and act on that passion she displayed so strongly. At that time, the Minister of State informed the House that the area of disability funding needed much reform, and this reform cannot be carried out without the Laurence Crowley report. Having spoken to many groups and people in recent months, I sense that the feeling is that the sector is in a state of limbo until the report is published. Most worrying of all, cuts are still being made with little regard for individual needs or circumstances.

The Minister has had the report on her desk since 31 May last. She needs to publish it for all of us as soon as possible. Many of the report's findings, I believe, will not make pleasant reading, but we need to expose the waste and plot a way forward that provides value, is person-focused and allows us to free up capital in advance of the budget next December to protect services in this sector. A mature conversation in this House and among the public is now required if we are truly to protect the most vulnerable in society, which I am sure we will all strive to do. I call on the Leader to seek clarification from the Minister on when she intends to publish this report, because our break is only a month away. The report was originally commissioned in 2008. I emphasise how important it is that we have time to consider the report's recommendations well in advance of the budget.

The setting up of a constitutional convention is a wise and sensible move by the Government, and discussion of Seanad reform should form part of this. Before there is any referendum on the existence of this House — one of the houses of democracy in this country — there needs to be a thorough study and consultation with the people of Ireland about what that means.

I do not need to vote on it today but I call on the Leader to provide time for a debate in the future.

In ten days' time the Volvo Ocean Race will commence in Galway. This is Ireland's Olympic Games. It is the third largest event in Europe this year, after the Olympic Games in London and Euro 2012. It is more than a major sporting event, however, because for the first time Galway will host a global trade village featuring the nine countries in which the race has stopped. I ask the Leader to use his good office to persuade the Minister for Jobs, Enterprise and Innovation, Deputy Bruton, and Enterprise Ireland companies to support this event. The closing ceremony alone will cost the Let's Do It Global group €100,000. It is to the credit of the Minister for Arts, Heritage and Gaeltacht Affairs that he is contributing €20,000 to a philanthropy scheme which requires Galway to come up with €5 for every €1 he contributes. We are still €80,000 short, however, and this is an opportunity for Enterprise Ireland companies to showcase their products to the world. Approximately 500 media outlets will be covering the event and one third will come from China. Our biggest markets will be there, as will emerging markets such as Brazil and China. We will be on show from coast to coast in the United States and the US embassy will be hosting an event on 4 July. I want Enterprise Ireland companies to step up to the plate with contributions in order to realise the value of brand recognition and show casing our strengths to the rest of the world. I have spoken with the Minister, Deputy Bruton, on the issue and I ask the Leader to seek his support.

On a point of order, I ask the Cathaoirleach to show leniency to Senator Healy Eames, who apparently called publicly for anyone who is not a leader and who speaks on more than one issue to be silenced for one month.

I support Senator van Turnhout's call for a debate on the report into the deaths of children while in the custody of the social services of this State. I am somewhat puzzled by the statistics which indicate that 84 of the 196 deaths over the ten period in question were due to natural causes. I find this difficult to understand and would like to learn more about it in the course of a debate. It is important that we approach the issue with real truthfulness. I realise that some people are linking it to a referendum on children's rights but, while I am reserving my position on such a referendum until I see the wording on offer, those who believe it is a part of the response need to demonstrate their case with clarity. As it appears that the failures set out in the report can be blamed on a failure to apply existing legislation and norms, we would be passing the buck if we laid the blame primarily on the Constitution.

This is a time in Ireland when church and State are required to admit responsibility for past failings and to learn from them in order to do better in future. It is interesting to contrast the scapegoating that occurs in respect of abuses within the church, whereby individuals are identified, their failures are raked over and certain demands are made of them, with the death of children in State care, which we appear to be able to discuss at the level of generality and the failure of the State and the HSE. Nobody seems to be calling for reports on who did what or individual accountability from individuals who worked on behalf of the State. Is anybody responsible for allowing these files to descend into rag order? The report refers to good practices but noted that they were sporadic and inconsistent. Will anybody seek accountability from individuals? I have previously stated that I do not favour a culture of resignation because I prefer accountability and reform. However, a double standard is on display. There will be a generalised discussion and a certain amount of media coverage but little outrage or desire to find out who exactly was responsible. That is before we even begin to discuss the individuals with ministerial office who should carry the can. Perhaps these issues can form part of our debate in due course and I hope such a debate will not be long in coming.

This week is national carers' week. What better time to highlight the good work being done by carers all over the country by publishing and implementing the national carer strategy? Last week the Minister of State at the Department of Health, Deputy Kathleen Lynch, indicated that she would publish the strategy prior to the summer.

I wish to speak about the changes that were introduced in a budget several years ago to the effect that individuals may only receive illness benefit for a period of two years. When I raised this issue just after my election last year I pointed out that it was causing confusion among the public. One year on, it is causing mayhem because recipients are being told to apply for invalidity pension or disability allowance when their illness benefits run out. The processing of these payments is taking a considerable amount of time, with processing times of up to one year for invalidity pensions. Many of these people to not want to depend on invalidity pensions if it means giving up their jobs because they do not want to be considered as invalids. They simply want to draw the benefits for which they have contributed throughout their lives. I do not see anything wrong with that. If they receive invalidity pensions, it is at a higher rate and they qualify for free travel and household benefits packages. Where is the cost saving in such a measure? The ongoing delays in the Department must be investigated and the Minister for Social Protection should come before the House for a full and open debate on her proposals for dealing with these matters.

Aontaím leis an ghlaoch a rinneadh maidir leis an tuarascáil faoi leanaí atá faoi chúram an Stáit ach ba cheart dúinn an tuarascáil a fheiceáil agus a léamh ar dtús sula ndéanfaimid breith iomlán uirthi mar beidh go leor le rá faoi sin.

I was honoured to travel to Lisbon over the weekend to stand shoulder to shoulder with 20,000 trade unionists who were campaigning against the austerity measures introduced in that country. Colleagues spoke about the situation in Greece, Spain, France and Germany, where people are feeling the brunt of austerity measures.

We seem to be preoccupied with the Houses of the Oireachtas this morning. It is ironic that in the week when the Volvo Ocean Race is coming to Galway with great razzmatazz, people in that city are afraid they will be evicted from their houses because of changes to the rent supplement regime. Approximately 96,000 people are on the scheme across the State. The ceiling for rent supplement has been reduced but, instead of the State negotiating with landlords to force down rents, tenants are being forced to renegotiate their rents or find alternative accommodation if they are unable to do so. This issue calls for a broader debate on housing because the link between the functions of the Department of the Environment, Community and Local Government and the county councils in terms of providing social housing and the Department of Social Protection's responsibility for the rent supplement, which is supposed to be a short-term solution to accommodation needs, appears to be broken. Local authority RAS schemes are no longer taking applications and the director of services in my own county council has stated that only two local authority houses will be built in County Galway this or next year. Furthermore, we still do not know what is happening to NAMA's housing stock. This is a serious issue and a full debate on housing should also consider social protections and rent supplement payments.

I ask the Leader to invite the Minister of State, Deputy Brian Hayes, to the House to make a statement on the progress being made on diesel laundering. The Minister of State met Louth County Council officials and Oireachtas Members from Louth. He said legislative changes were planned to enable more effective controls and that steps would be taken to acquire a more effective marker. I would like to know what has been done since. The latest figures from Louth County Council show that an average of 50 tonnes of diesel laundering waste quantities are being recovered by the council each month for hazardous waste disposal abroad. This has increased from six tonnes per month in 2009. It is a serious issue. Anecdotal evidence is that the washed diesel is being exported to the UK for sale at the pumps. I would be grateful if the Leader would invite the Minister of State because this involves crime and the loss of revenue and people are losing their jobs in County Louth because of this.

I give notice to the Government that the Fianna Fáil Party will adamantly oppose the Gaeltacht Bill. It is the latest example of cronyism and jobbery from the Fine Gael Party. Members opposite can laugh.

We are laughing at where it is coming from.

Where once we had democracy, Gaeltacht residents in County Meath will have their representatives on Údarás na Gaeltachta appointed by county councillors in Waterford and Cork. It is cronyism and jobbery of the worst kind.

The councils are controlled, on the whole, by the Fine Gael and Labour parties. The democratic element of Údarás na Gaeltachta is being abolished by this Bill, which is a half measure for the Irish language and shows the contempt the Fine Gael Party has for the Irish language. The central plank of the Bill is to remove the democratically elected members of Údarás na Gaeltachta and have them appointed by Fine Gael and Labour councillors.

The Bill will be debated tomorrow.

I call on the Leader to make arrangements with the Minister to have this Bill taken off the agenda for tomorrow. He did not expect us to oppose it. Members from the west and Tipperary who had planned to tour new constituencies and new areas and shed crocodile tears about lost areas can think again. They will have to be present in the House to vote if they want the Bill to pass because Fianna Fáil will vote against it. We think the Bill should be delayed. It should not be passed because it is anti-democratic. We must put democracy first and forget about cronyism and jobbery.

On a more pleasant note following Senator Thomas Byrne, who seems exercised, I welcome two former public representatives to the Visitors Gallery, Jim Drohan and Jack Lalor, from my home town of Carrick-on-Suir. The House acknowledges international dignitaries and it is important also to acknowledge local public representatives.

Does the Leader have an update on any appearance by the two pillar banks at the Oireachtas with regard to the availability of loans to small businesses? ISME published its quarterly report yesterday, showing that 54% of SMEs were refused bank loans in the past quarter. On the other side, the banks say money is available. Something does not add up and we need to address this urgent matter. I raised it a number of weeks ago and last week.

I would like the Leader to give us an update on the announcement in February by the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, that the registration charge for septic tank users was to be reduced from €50 to €5. It was to happen in the months of April, May and June. We are almost at the end of June and, in the past week, four people contacted me.

Does Senator Landy have a question for the Leader?

One of these people went into the local authority in Kerry and staff at the local authority know nothing about registering. No process has been set up. I want the Leader to find out from the Minister for the Environment, Community and Local Government whether there will be an extension of the time. Will it cost €5 for the first three months? How will this issue be dealt with, seeing as we are coming close to the end of June? The process has not yet started.

I regret the crash of the air ambulance and I hope no one was injured. I hope it is working again quickly because it is vital, although it is no replacement for an accident and emergency unit in Roscommon.

I ask the Leader to set aside time next week to consider the report of the Constituency Commission, which is reviewing Dáil and European Parliament constituencies. The report will be presented to the Ceann Comhairle tomorrow by the chairman of the Constituency Commission, the Honourable Mr. Justice John Cooke. It is an important document and many Members have a direct interest in it. Some 533 submissions were received, including six from current Members of the House. Members in this House will also contest European Parliament and Dáil elections and I wish them well.

The reduction in the number of Deputies from 166 to 153 was understood to be a Government proposal. It will now be reduced to 158, some 12 fewer than the promise of the Fine Gael Government when it said it would reduce the number by 20. The Seanad may not be there and eight Members are dead men and women walking because they will not have seats after the next election. The Seanad offered an opportunity for them to remain in public life. It will be a big loss for experienced Members, who have served in the Dáil——

Does Senator Leyden have a question?

He is worried about his seat.

I ask the Leader of the House to give this careful consideration. As six Senators made submissions, it is important to see the outcome of their submissions. The Taoiseach said that no Government in Irish history has ever altered such a report, that this is a completely and utterly independent commission and that, since commissions were set up, none has ever been changed or altered by Government. We will see tomorrow whether Mayo is a five-seat constituency or is reduced to a four-seat constituency.

Is Senator Leyden concerned?

The Cathaoirleach has an interest in this matter. It will be interesting to see the redrawing of the constituencies, which is very important. I was the victim of a gerrymandered constituency when my constituency joined Longford. It broke all the rules and I am glad Deputy James Bannon——

Are we having a debate now?

I am glad that Deputy James Bannon made a good case that Longford and Roscommon should not be reunited. I wish the upcoming Deputies well. In constituencies where there are two Labour Deputies, only one will return if they are lucky. There will be changes ahead and Members should enjoy the next few years because they will be short.

I am amused at Senator Darragh O'Brien seeking instant answers on the Ryanair bid for Aer Lingus. It has not yet been discussed by Cabinet and it involves serious matters of national policy and competition that must be examined in great detail. The European Commission ruled out a previous attempt by Ryanair to acquire Aer Lingus. We had better wait a little.

Today's amendment to the Order of Business is opportunist. Let us exercise more caution and less haste. It is an important subject and the groups should discuss it in detail first. Nothing will happen overnight. I appeal for calm and I do not see the need for that amendment to the Order of Business. It will be misinterpreted. I am sure the Leader will endorse that line.

Following on from the comments of others I call for a debate on the constitutional convention that the Government plans to establish. I have concerns as to the superficiality of the issues to be discussed, including the reduction of the age for voting and the reduction of the term of the President. It is not that these are not important issues but if we are to go to the trouble, cost, expense and effort of establishing such a convention, several serious issues should be considered. It would be ridiculous in the extreme if Government policy were to be seen to undermine democracy by removing the Seanad without putting the matter to such a valuable forum as the constitutional convention. Other issues arise and could be considered as well including the size of the Oireachtas in future and whether it should include the Dáil and the Seanad or only the Dáil.

It does not apply solely to this Administration but it is a good example of where we see the Parliament and the Oireachtas as mere servants of the Government rather than how it ought to be, that is to say, that Governments should be servants of the Parliament, which represents the people. I call on the Leader to do all he can to ensure that the Seanad, its future and many other issues are included for consideration in the convention. I have given praise to the Leader of the House for how he has tried to change the way we do business and I support him in this regard. However, his political masters within Cabinet are not being fair to him by railroading Government policy on such matters as the proposed abolition of the Seanad. They seem to be able to ensure that the process being followed assists the policy of Seanad abolition rather than a fair process which would consider all people's points of view. Since we are going to the expense of establishing a convention it defies logic not to include these views in the remit for consideration and discussion.

I note that the submissions of the Galway Senators refer to the Volvo Ocean Race which is taking place in Galway in July. Consistent with the talk of water, I call for a debate on the setting up of a single inspectorate for water quality. The position now is that the Department of Agriculture, Food and the Marine, the Environmental Protection Agency, the local authorities, the HSE and Inland Fisheries Ireland all police our water quality. Different criteria apply, however, to the integrity of this natural resource in the case of each body. For the purposes of simplicity and a unified approach to water quality there should be a single standardised inspectorate. I call for the Minister for the Environment, Community and Local Government to come to the House to debate the matter on this basis.

I call on the Leader for a debate on the appalling report on the number of children who have lost their lives in the care of the HSE. Other Senators have referred to the matter and it is appropriate for the Minister to be in the House to address it. Some 90% of the abuse cases come under the remit of the health services. It is important that they are fit for purpose and it is appropriate to have the Minister here to address the matter.

I am keen to hear the comments of the Taoiseach about pin-pointing responsibility when he addresses the Dáil on the matter given that 196 children died between 2000 and 2010. It is essential that people working within our public services are held accountable for shortcomings. I heard again this morning that all the blame is being put on systems, but systems are operated by personnel. In the private sector if one fails to function responsibly and as one should, then one carries the responsibility for doing that. It should be the same in this case. I look forward to the Taoiseach's comments in this regard.

I imagine the Leader will join me in expressing our sympathy to the family of Ned Roice. He came before the committees in the House established to inquire into Mr. Justice Barron's report on the Dublin and Monaghan bombings and other atrocities committed in the State. I recall him coming — the Leader may recall it too — before us to give evidence and to ask us to try to find out the truth about his 19 year old daughter, who had just started working in the public service and who was killed in the Talbot Street bomb, before he and his wife closed their eyes. Unfortunately, he was buried with his daughter in Wexford last Monday in Castlebridge. I imagine the Leader will be keen to enjoin me in expressing our sympathy to the family and our regret for the fact that, despite all the hard work that was undertaken by many Members, we have failed to secure any progress from the British authorities with regard to the collusive elements involved in those murders.

I support my colleague in the call for a debate with the Minister of State, Deputy Hayes, on diesel laundering in the House. I spoke on the issue before and I would welcome a further discussion on it.

Some 15 countries participating in the London Olympic and Paralympic Games have chosen Ireland as a location to train for the games. Vietnam and Zambia are the two most recent countries to accept invitations to avail of training camps and facilities in Dublin and Limerick in preparation for the games. The Zambian team and their officials will be based at Morton Stadium in Dublin for approximately three weeks. The Vietnam paralympic team will be based at the University of Limerick. This is a major tourism boost for Ireland this year. The project was originally proposed by the Irish Sports Council and was developed through the London 2012 co-ordinating committee chaired by the Minister of State, Deputy Michael Ring. I recognise and congratulate the Minister of State, Deputy Michael Ring, the 2012 co-ordinating committee and the Irish Sports Council on this major achievement of successfully inviting 15 countries from throughout the world to use our great sporting facilities in preparation for the forthcoming London Olympic Games. Gabhaim comhghairdeas leo go léir.

I join others in calling on the Leader to ask the Minister for Children and Youth Affairs, Deputy Fitzgerald, to come to the House to discuss today's report. Others have stated how important and urgent it is to have the debate and I imagine the Leader will do his best to facilitate it.

I call on the Leader to ensure that we keep the issue of the independence of our cultural institutions on our minds in the Seanad. I had the pleasure of meeting representatives from the National Gallery of Ireland, the Abbey Theatre and the National Library of Ireland in Sligo last week for Yeats day. Through their capacity to reach out to communities locally they showed the importance of their independence and how important they are in our lives when we reach out to them. Given that Senator Mac Conghail was so helpful and co-operative in the matter it is important that we keep the independence of these institutions to the fore of our debate.

The Chairperson of the Oireachtas Joint Committee on Health and Children has advised me that the report to be published today on children in care will be debated in full in the committee tomorrow. That will give an opportunity for Members of the House who sit on the committee to take part in that debate.

I wish to raise a matter relating to the constitutional debate. A decision has been taken that a referendum will be held on whether we retain or abolish the Seanad. I do not necessarily believe this matter should be referred to the constitutional convention. There are 11 reports on Seanad reform, however, but few or none of the proposals in those reports have been implemented. Before we hold the referendum on the Seanad it may be useful for a small group to be established to produce a report on the possible options for retention of the Seanad as it is, its abolition or reform in order that the electorate could make a judgment when it comes to the referendum and in order that options are in place. We cannot put the options in the referendum. At least there would be information for the general public about the possible reforms that could take place in regard to how the Seanad is elected, its composition, its numbers and the constructive role it plays and will continue to play if the necessary reforms are brought about. That would be a useful exercise. If such a group is set up, it should be given a timescale in which to produce the report. There is no reason it could not be produced within six months, which would then allow a very informed debate to take place during the referendum on this matter. I ask the Leader to take this on board.

I would not at all disagree with the sentiments of Senator Colm Burke. I commend the Leader. My experience in the last 14 months in this House has been very positive. Within the constraints the Leader is facing, he has done a remarkable job in making the House extremely relevant in terms of the public consultation process. We saw a very good example of this yesterday.

I suggest that if a working group is to be set up, it could look at how we can make this Seanad, which will run for the period of this Government, even more successful. If this is to be the last Seanad, and I hope it is not, let it be the best by a mile, not just by an inch or two. We have a wonderful Leader in Senator Cummins and we have a great team on all sides of the House. We can certainly go out with a bang, if that is to happen.

More fundamentally in many ways, I was on Facebook on my way to the House today and I posted a comment about tomorrow being the longest day of the year. A comment came back that it is going to be the shortest day of the year in Australia. The reality is that thousands of our young people are in Australia because they cannot get work in this country. We had a very successful initiative on job creation some time ago from Senator Mullins and it is an issue that is worth putting on the agenda on a permanent basis. We should put time aside to gather ideas from the general public, who could come to the House to air their views from time to time, perhaps once every three or six months, on how jobs can be created in what is an evolving and, hopefully, improving economic environment. There is merit in having a jobs initiative day once every three months in the House where we would look at the fundamentals of job creation. In my view, the only way we will get this country back on its feet is by getting people back to work.

I call the Leader to reply.

Senator Darragh O'Brien raised the question of Aer Lingus. The Cabinet has not had an opportunity to discuss that matter yet, which the Leader of the Opposition will appreciate given the announcement in regard to Ryanair was only made yesterday. I am sure that when the Cabinet has considered the matter, it will outline its position on it.

With regard to the Minister for the Environment, Community and Local Government coming to the House for a general debate or with specific reference to property tax, we will certainly try to arrange that debate. Fianna Fáil signed up to a property tax and I find it strange it is now talking about people not being able to afford tax and everything else.

Times have changed.

That was then; this is now.

The Leader without interruption.

Their mess is still with us.

With regard to the constitutional convention and Seanad reform, I do not propose to pick motion No. 9 before No. 1. I consider it unrealistic to expect that this can be discussed today at such short notice. The Government has made its position on the Seanad abundantly clear and I have mentioned on several occasions in the House that a referendum will be held next year on the subject.

He might change it after tomorrow.

Senator Bacik referred to patronage in schools. The Minister has stated this will take some time. We had a debate in the House recently on patronage and pluralism in schools.

Senator van Turnhout raised the question of the report of the child death review group and that matter was taken up by Senators Hayden, Mullen, Walsh, Ó Clochartaigh, O'Keeffe and others. The report was established in March 2010 and has been published today. The Minister for Children and Youth Affairs welcomes the findings and recommendations of the report. She accepts fully the need for actions in the areas identified in the recommendations and many of the actions and service reforms were already under way ahead of the publication of this report as they form part of the ongoing agenda in child and family services. The Minister is confident the ongoing change agenda led by the HSE national director, Mr. Gordon Jeyes, which has seen a focus on improved processes, capacity and consistency, coupled with the recruitment of 260 additional social workers, has resulted in an enhanced service for children and families. Some 258 of the 260 additional posts have been recruited since 2010 in line with the recommendations of the Ryan report.

The need for action is of paramount importance. I agree with Members that we should have a debate on the report. I have already requested the Minister to come to the House on a number of issues dealing with child protection and the rights of children. As Senator Burke mentioned, the report will be considered by the health committee tomorrow morning. I will certainly endeavour to have the Minister come to the House and I am sure she will accede to the request for a debate in the House on that matter in early course.

With regard to Private Members' business, which was raised by Senator Norris, it is up to each group to decide whether it wishes to take up its Private Members' time or not. That is the situation in regard to private business. If a group decides it does not want to take up its time, that is its prerogative. With regard to the matter relating to the deputy Israeli ambassador, I referred that matter yesterday to the Tánaiste's office and I await a reply.

With regard to fisheries, I am surprised by Senator Norris' point. This Minister has just negotiated probably one of the best deals ever for Irish fisheries.

He also negotiated the question of discards, which has been addressed for many years and which is a matter of contention for many fishermen throughout the length and breadth of the country.

I give him due praise for that. I raised a different question.

The Minister for Agriculture, Food and the Marine is one of the best Ministers for fisheries we ever had in this country. He has negotiated and will continue to negotiate for fishermen throughout the length and breadth of this country.

That is a propaganda statement. I want an answer to my question.

He has a good PR company behind him. It is good spin.

Senator Mullins welcomed the new website launched by the Minister, Deputy Bruton, to cut the costs of business and to eliminate red tape. I will certainly ask the Minister to arrange that his officials make a presentation on this matter in the AV room at a later stage.

Senator Mooney noted the retirement of the honorary consul in the Channel Islands. We would all wish Ms O'Neill a very happy retirement and compliment her on promoting issues relating to Ireland over many years.

Senator Hayden referred to the child death review group. As I said, the Minister can come to the House. Senator Hayden made some very good points which can and should be addressed during that debate.

Senator Mary Ann O'Brien raised the issue of the Crowley report on disability spending. As she said, the Minister of State, Deputy Kathleen Lynch, was in this House and made a very good contribution on this subject earlier in the year. The report has only been with the Minister of State since 31 May. I am sure she will be quite willing to come to the House when this report is published and I will bring the matter to her attention again.

Senator Healy Eames referred to the Volvo Ocean Race and appealed for funding from various industries for an initiative in Galway. As she stated, she has already raised this matter with the Minister, Deputy Bruton. Senators Mullen and Walsh referred to the difference in the way that church and State are being mentioned with regard to accountability in various reports. That is a matter that can be raised when we have a debate with the Minister, Deputy Fitzgerald.

Senator Moloney referred to national carers' week, which we all welcome. We wish all carers who do such wonderful work throughout the length and breadth of the country, well in their endeavours.

I am aware of delays in the receipt of illness benefit and I am sure Senator Moloney will raise the matter herself with the Minister for Social Protection, Deputy Burton. I will also raise the matter with the Minister.

Senator Ó Clochartaigh mentioned rent supplements and called for a debate on housing. We had a comprehensive debate on housing for two and a half hours on 28 March, so I do not propose to have another one after such a short period. We can, however, come back to it in the next term without a doubt.

Senators D'Arcy and Brennan called for the Minister of State, Deputy Brian Hayes, to attend the House to report on proposed legislation to curb diesel laundering. This illegal practice is causing a loss of revenue for the Exchequer but is also posing a danger to the environment in many parts of the country. We will certainly ask the Minister of State to address that matter here.

Senator Byrne referred to An Bille na Gaeltachta and we will have ample opportunity to discuss that legislation tomorrow. We will welcome Senator Byrne's comments at that particular time.

Senator Landy suggested inviting the banks into the audio-visual room. The Deputy Leader has informed me that she has written to the Minister of State, Deputy Perry, on that matter requesting that to be arranged. I therefore hope that it can be arranged in early course. In addition, we will find out from the relevant Minister what the situation is concerning the registration of septic tanks. I thought it was fairly clear on the website, but if not we will urge the Minister to have that matter clarified.

Senator Leyden mentioned the report of the review of Dáil and European Parliament constituencies, which is due out in the next day or so. We will endeavour to have a debate on that subject, which seems to be a matter of grave concern to Senator Leyden.

I am much obliged and thank the Leader.

Senators Paul Coghlan and Marc MacSharry referred to the constitutional convention, which I have addressed.

Senator Higgins called for an inspectorate for water quality. I will raise that matter with the Minister for the Environment, Community and Local Government.

Senator Brennan mentioned that athletes from 15 countries are coming here to prepare for the Olympics and the Paralympics. The Minister and the committee should be complimented on attracting those athletes here to prepare for the London Olympics.

Senator O'Keeffe raised the report on the deaths of children in State care. We will invite the Minister for Children and Youth Affairs to the House to discuss that matter. I also note Senator O'Keeffe's point about the National Museum and other cultural matters which can be addressed with the Minister for Arts, Heritage and the Gaeltacht, Deputy Deenihan.

Senator Burke raised points concerning Seanad reform, including convening a working group. While that is not my responsibility, I would hope that such a group could be formed in order to address the points raised both by Senator Burke and Senator Conway.

Senator Conway also referred to the public consultation process. We had an excellent process at yesterday's sitting of the Seanad Public Consultation Committee. Quite a number of Members attended from time to time throughout the day.

Are we invited to those meetings?

If Senator Leyden was listening to the Order of Business last week, he would have heard me inviting each and every Member to attend that committee. They had an opportunity to do so. If Senator Leyden cannot hear what I am saying, I cannot legislate for that.

I do not think the Chamber should be used for that purpose, by the way.

The Senator should check the record.

The Leader without interruption.

We had wonderful contributions from ten different organisations on how lifestyle changes can help to prevent cancer. It is a subject which is of importance to each and every family in the country. We hope that report can be finalised and presented to the Minister with strong recommendations. One man mentioned that, on average, 14-year-olds are now three stone heavier than their grandparents would have been. That is a damning statistic on obesity, which shows the need for lifestyle changes to address weight-related illnesses and prevent cancer. The full report will be made available, hopefully by the end of the term. It certainly was a valuable exercise and I wish to compliment every one of the groups that participated, and in particular Dr. Kate Allen who came from the UK to make a presentation.

Senator Conway also spoke about job creation. We have had a full day's debate on that topic, including recommendations and initiatives, which was well received by the Minister for Jobs, Enterprise and Innovation, Deputy Bruton. Perhaps we can reactivate that debate on another occasion, as the Senator has suggested.

On a point of clarification, the record should show that once again it was the Government side that failed to take up Private Members' time, lending credence to my suggestion that elements on that side of the House are determined to wind down Seanad Éireann.

The Senator should resume his seat.

That is not a point of order at all.

Senator Darragh O'Brien has moved an amendment to the Order of Business, "That No. 21, motion 9, be taken today". Is the amendment being pressed?

Amendment put.
The Seanad divided by electronic means.

There is an equality of votes. Therefore pursuant to Article 15.11.2° of the Constitution, I must exercise my casting vote.

Strike a blow for Seanad Éireann.

I vote against the amendment in this case, the result of the vote now being: Tá, 22; Níl, 23.

Under Standing Order 62(3)(b) I request that the division be taken again other than by electronic means.

Amendment put.
The Seanad divided: Tá, 23; Níl, 22.

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Crown, John.
  • Cullinane, David.
  • Leyden, Terry.
  • MacSharry, Marc.
  • Mooney, Paschal.
  • Mullen, Rónán.
  • Norris, David.
  • O’Brien, Darragh.
  • O’Brien, Mary Ann.
  • O’Donovan, Denis.
  • O’Sullivan, Ned.
  • Ó Clochartaigh, Trevor.
  • Ó Domhnaill, Brian.
  • Ó Murchú, Labhrás.
  • Power, Averil.
  • Quinn, Feargal.
  • Reilly, Kathryn.
  • van Turnhout, Jillian.
  • Walsh, Jim.
  • White, Mary M.
  • Wilson, Diarmuid.

Níl

  • Bacik, Ivana.
  • Bradford, Paul.
  • Brennan, Terry.
  • Burke, Colm.
  • Coghlan, Eamonn.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Conway, Martin.
  • Cummins, Maurice.
  • D’Arcy, Jim.
  • D’Arcy, Michael.
  • Hayden, Aideen.
  • Healy Eames, Fidelma.
  • Higgins, Lorraine.
  • Keane, Cáit.
  • Kelly, John.
  • Landy, Denis.
  • Moloney, Marie.
  • Mullins, Michael.
  • O’Keeffe, Susan.
  • O’Neill, Pat.
  • Sheahan, Tom.
Tellers: Tá, Senators Ned O’Sullivan and Diarmuid Wilson; Níl, Senators Paul Coghlan and Susan O’Keeffe.
Amendment declared carried.
Order of Business, as amended, agreed to.
Top
Share