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Seanad Éireann debate -
Tuesday, 19 Nov 2013

Vol. 227 No. 10

Order of Business

The Order of Business is No. 1, motion of referral of the Horse and Greyhound Racing Fund Regulations 2013 to the Joint Committee on Agriculture, Food and the Marine, to be taken without debate at the conclusion of the Order of Business; No. 2, Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Bill 2013 – Committee Stage (resumed), to be taken at the conclusion of No. 1 and adjourned not later than 5.30 p.m.; and No. 3, Companies (Miscellaneous Provisions) Bill 2013 - Committee Stage, to be taken at 5.30 p.m.

I extend my deepest sympathy and that of the House to our colleague, Senator Eamonn Coghlan, on the death of his mother whose funeral took place this morning and was attended by many Members.

I extend good wishes to our colleague, Senator Jimmy Harte, who is seriously ill in hospital. I also extend our good wishes to his family at this most difficult time.

I shall finish on a good note. We are delighted to see the return of the Clerk Assistant, Ms Jody Blake, who has been absent for quite some time owing to illness.

We are delighted to see her back.

On behalf of the Fianna Fáil group, I extend sympathy to Senator Eamonn Coghlan on the passing of his mother. I am delighted to see Ms Jody Blake here today. I am sure that she will be the judge of whether she has returned to a revised, rejuvenated and reformed Seanad. I am sure that we missed her more than she missed us. It is great to see her back.

On behalf of my group, my colleagues and I wish Senator Jimmy Harte a speedy recovery. All of us consider him to be a good friend and hope that everything goes well for him. Our thoughts and prayers are with him and his family at this time. We hope and are sure that he will make a very speedy recovery. We have thought about him since the news broke last Friday night and I ask the Labour Party leader to pass on our best wishes. Our Whip has been in touch with the Government side already and it goes without saying that any arrangements that need to be made vis-à-vis voting can be taken as a given. We hope the Senator will be back with us very soon.

I shall turn to today's business. With regard to No. 1, it might be good to debate the motion when it returns from committee. I have raised the issue regarding betting tax with the Leader.

That is a very important sector for us also but the horse and greyhound racing fund regulations should be debated in the House when the Leader believes the time is appropriate.

Does the Leader have a revised date for the publication of the Health Service Executive service plan? There have been two extensions to the publication of the service plan that the Minister for Health, Deputy James Reilly, is to bring before the Oireachtas with regard to the health budget for next year. I was particularly concerned to read that the figure we were told initially was €666 million. Some say the figure is €1 billion but reports at the weekend indicate it is €1.2 billion. I hope we will not have a scenario where the service plan is published the day before or the day the House goes into recess, but that is what I am starting to believe. It seems this plan will be published when neither House is sitting. If that is the case, the Leader should give a commitment that this House will be recalled to discuss that specific item. He has given a commitment, which I welcome, that when the HSE service plan is published a full debate will take place in the House with the Minister for Health present but I do not want the Minister to publish it on 20 December when Members have left for the Christmas recess. It is too important for that to happen. The Leader might indicate if he has an update on when the plan will be published.

Last week I raised with the Leader the issue of the welcome ECB rate cut that sees the rate at a record low level of 0.25%. I asked the Leader whether the Government had any contact with the banks, which the taxpayers support, about passing on that rate cut to variable rate customers who are struggling. Many customers in arrears, and those just outside being in arrears, need this rate cut to be passed on. I was astonished to hear at the time that Government had not made any contact with AIB, Bank of Ireland, the ICS Building Society or the EBS. I ask that in the coming week a commitment be given that Government must outline its view on that. What surprises me is that a view is not being given by the Minister for Finance. He is not giving any direction. I am not asking him to micromanage the banks but I am asking him to state clearly whether the Government believes this 0.25% rate cut should be passed on to variable rate customers. I am not asking him to direct Bank of Ireland, AIB or the other two mortgage lenders, the ICS and the EBS, to do that. I am asking him for his view. It would be very difficult for the banks to ignore a statement from the Minister for Finance that he believes the rate cut should be passed on but, more importantly, it would give an indication to those customers struggling on high variable rates that the Government actually does care. I ask the Leader to inquire of the Minister if he would make a statement on the Government position on the 0.25% rate cut.

On behalf of the Labour Party group, I thank colleagues for their good wishes expressed to our friend and colleague, Senator Jimmy Harte, having sustained injuries on Friday night. It came as a terrible shock to all of us in the Labour Party group and I know to all Members in the House. We very much appreciate their thoughts, good wishes and co-operation at this time. We have been in touch already with the Fianna Fáil Whip about that. All of us extend our good wishes, our love and our support to Jimmy and his family at this difficult time. Everyone shares in the hope for a speedy recovery.

I extend condolences to our colleague, Senator Eamonn Coghlan, on the death of his mother.

On a more positive note, I welcome back Jody Blake. It is lovely to have her back with us and to have that positive news today. She was missed very much and I am sure the clerking role will be much easier for the Clerk of the Seanad now that she is back. It is great to see her.

I welcome the decision announced by the Government last week in the Dáil that we will exit the troika programme with a clean break without availing of the additional credit facility that had been speculated about. We have had a very favourable reaction since to that decision. It was an important decision the Government made. We have not had an opportunity to comment on it in this House yet, but I very much welcome that the announcement was made in the Dáil on Thursday morning. That was hugely important as a symbol of the Government's intent to ensure that the Dáil and the Legislature is kept alongside in that regard.

I look forward to further debate on this in due course, particularly around 15 December when we do finally exit the programme.

I also welcome the good news of the State visit of President Michael D. Higgins to Britain. It is timely and it is good to hear that it will happen and that he will make an address to the joint House of Commons and House of Lords. It will be a very important and historic event to which we all look forward.

I would like the Leader to arrange a debate on white collar crime in light of the verdict announced yesterday in what has been described as the biggest white collar trial in the history of the State, that of Mr. Byrne. Some new legislative measures have been introduced in recent years to combat white collar crime. The Government has promised to legislate for cyber crime. These are two forms of crime that the criminal justice system has neglected. I would like us to debate white collar and cyber crime in the new year and the most appropriate legislation by which we can tackle these new and serious challenges.

I agree with my colleague, Senator Ivana Bacik, that this is red letter day because Ms Jody Blake is back with us here. Our family is complete once more. I also extend my sympathy and good wishes to Senator Jimmy Harte and his family following his most unfortunate and sad accident. Reading between the lines, he seems to be making some marginal improvement and I hope that continues.

As I have been a frequent critic of China because of its human rights record, it is only appropriate that I record my strong welcome for the fact that in recent statements it has been showing remarkable change in this area, in particular the commitment to disestablish forced labour and re-education camps. If it lives up to this promise it will be a very important step. We should keep up our pressure. We have a motion on the Order Paper about organ harvesting which still goes on but is winding down, in part because of pressure from countries such as ours. The Oireachtas Joint Committee on Foreign Affairs and Trade passed the motion unanimously and I hope we might do the same here.

There is a growing number of climatic catastrophes occurring all over the world. Several of us, including my colleague, Senator Ivana Bacik, who produced a Bill in this House some years ago about climate change, have been concerned about the damage that is being done and the inevitable progress of that damage. There have been climate change sceptics. I do not know how anyone can remain sceptical in light of the extraordinary phenomena of freak weather conditions in places as far apart as the United States of America and the Philippines where a great tragedy has engulfed those lovely warm people, many of whom work here in the nursing profession - we know how caring they are and how much their families mean to them. Now in the past day or two a cyclone has struck the heart of Europe, in Sardinia. It is not possible to deny this any more.

I look forward to a debate on the exit from the bailout. I do not think we have exited from anything. We are still deep in the manure. We would not have had the slightest additional degree of movement whether we had exited in this way or not. This is a lovely sunny day - I am taking this line from somebody I heard on radio because it is a very good analogy - but one would be a bloody fool to say one would not get an umbrella because it is sunny today. One does not know what will happen tomorrow. It might well rain. Conditions change all the time. The economic situation is very volatile. The projected results for this economy from the OECD are very disappointing. They show some small growth. I do not mean to be hypercritical of the Government. I am sounding a bit of a warning. The United States of America is bound to have another crash. I have not the slightest doubt that there will be another really severe wallop there because quantitative easing continues at a rate of $85 billion per month. That is not going into productive industry. It is going straight into the stock market. It is going from a housing bubble into a stock market bubble and when that collapses, the whole house of cards will be up in the air.

We must fight for fairness. The Germans must be told we played a significant role in rescuing their financial system. It is not just Germany plus the rest; we are all the little peons working at their dictates. It is the whole of Europe and what is good for it. I predicted quite a number of years ago that either we would end up with a full fiscal union, which is the direction in which we are going, or the whole thing would blow apart. We need to take this issue very seriously. I look forward to the debate.

I welcome Ms Jody Blake back and it is great to see her. We were inquiring for her all the time she was away. Thank God, it is a sunny day and she is back. I would like to pass on my sympathy to Senator Eamonn Coghlan, as I did personally this morning at the mass. We all got a great shock at Senator Jimmy Harte's accident. We are all praying for him. I have no doubt Jimmy has huge strength of character and spirit and that he will make a recovery. We just hope it is speedy.

When I came back last night, I watched a very good documentary on Joe Brolly and his campaign for a change in the system of organ donation. He made an extremely powerful and compelling documentary, which in turn has made an extremely powerful and compelling case. My understanding is that the Oireachtas health committee has unanimously endorsed the campaign and that it has been accepted in Northern Ireland. I would like to know the Government's position on it. Every day there is a delay in adopting the policy is a day too long. We need to see action in this area. What Joe Brolly has done for organ donation in this country is phenomenal. I was most disappointed at the position of the Irish Kidney Association. What Joe Brolly and his colleagues are doing is extremely positive.

We had a full debate on it during the summer.

It behoves us all to endorse, encourage and support it. I would like the Leader, using his good offices, to establish what kind of timeframe we are looking at in order to get an answer from the Government, in particular the Minister for Health, as to when the change Joe Brolly is seeking will become Government policy.

Last year 24,000 horses were destroyed in meat factories. The number this year has reduced to 6,000 because of the tightening up of regulations since the horsemeat scandal. This means we are effectively left with up to 20,000 unwanted horses. We all know the evidence of this because we have seen it ourselves. In addition, there is anecdotal evidence that many of these unwanted horses are being kept in unsuitable environments, very often owned by teenagers or even children who are not caring for them properly but are using them until they are finished with them. These horses are unkempt and their hooves are not looked after. It is a disgrace that it is happening. As the Leader will have the Minister, Deputy Simon Coveney, to the House shortly, I ask that this issue be on the agenda when he comes. It is surprising the Minister stated in today's edition of The Irish Times that while his Department has a comprehensive strategy in place for the taking into care of unwanted animals, he does not see there is enough need for it at this stage. Deputy Simon Coveney is a very good Minister, but he obviously does not have his eye on the ball on this issue. This is an embarrassing and shameful story for we, the Irish, who rightfully claim to be horse lovers. We have always put forward the positive side of the horse racing industry and, as the Cathaoirleach knows, facing into the winter season, we have had Tony McCoy with his 4,000 winners and all the rest of it. This is the downside of that story. I appeal to the Leader to ensure it is brought to the attention of Minister.

Like everybody else, I am delighted to see Ms Jody Blake back with us in fine fettle. I sympathise with Senator Eamonn Coghlan on the death of his mother. I express my shock and deep concern at the accident to our great friend, Senator Jimmy Harte.

I hope and pray that he will make a full recovery.

I second what Senator Susan O'Keeffe had to say about our dear friend, Senator Jimmy Harte.

It demonstrates to us all how incredibly fragile life is. That fragility brings us to an announcement in the United Kingdom about a poisonous, malignant and damaging industry that permeates the entire planet, that of child pornography. I would like the Leader to talk to the Minister and establish once and for all if the Government intends to follow the United Kingdom's lead. US and UK law enforcement agencies have come together to target online abuse. Microsoft and Google have also come together and ground-breaking engineers have brought out new technology that can spot straightaway if somebody is trying to put up a paedophile's abusive video. There are 100,000 terms that now block searches on Google and these changes will soon apply in 150 languages. They have built a motorway for us. This is a serious global problem. I plead with the Leader to get our motor car and drive down that motorway which has been presented to us on a plate.

I also welcome back our friend, Ms Jody Blake. We are delighted to see her back with her beautiful smile. I also extend my sympathy to the Coghlan family and send my best wishes to my dear friend, Senator Jimmy Harte, who is my neighbour on the back row.

I wish the Minister for Transport, Tourism and Sport and the rugby authorities well in their bid to bring the Rugby World Cup to Ireland. It would be a great day for Ireland if we could get it and a great boost to the economy. I hope we will have good news on that front.

I would also like to speak today about the LPT helpline. On a number of occasions recently I have raised issues about the helpline and for some reason nobody there can answer my queries. I am raising this issue on behalf of the public because if I have these queries, so does the rest of the public. They must be having difficulty getting answers to simple questions. For example, one person who paid the tax last year cannot now pay it online for some reason. There is something outstanding and he cannot get into the system. One person paid a certain amount last year and should pay double this year, but has been told to pay treble the amount instead. The people concerned cannot get answers to these questions. They are left waiting a very long time for a reply and when they receive a reply, they are often told that somebody will ring them back, but nobody does. I do not think the helpline is working very well on this occasion. All of these things will have teething problems, but this is the second year of it and it should be up and running by now. I intend to table this issue for the Adjournment debate but if it is not accepted, I would like the Minister to come in to the House to address the problem with us and try to fix things for the public.

I welcome back Ms Blake; it is great to see her back. On behalf of the Sinn Féin Party, I offer my condolences to Senator Eamonn Coghlan on the passing of his mother. I also wish Senator Jimmy Harte a speedy recovery and we in Sinn Féin send our best wishes to his party colleagues. We are all friends of Jimmy and we want to see him back on his feet as quickly as possible. He is in all our thoughts and prayers.

I wish to raise a disturbing issue with the Leader. Some 15 boats are tied up in Kilmore Quay, County Wexford. The vessels will not be allowed back to sea unless they sign an affidavit which they have not yet seen. This has apparently come from the Department.

A total of 100 self-employed fishermen are affected. They are now out of work coming up to Christmas. As everybody knows, as self-employed persons find it very difficult to get social welfare, they will be in a very vulnerable position. Staff who work in processing plants will also be affected. Our party's spokesman on this area met the owners of the boats this morning. We were given some very important information on the quotas. At the heart of this is the fact that the quotas are insufficient for fishermen to make a viable and sustainable living. The megs - monkfish and megrim - quota is the bone of contention. Irish fishermen in Area 7 off the south-east coast have achieved 92% of their quota. That is very difficult to achieve given that these tonnages are set on a monthly basis and if there is any bad weather, the quota is lost for that month. To reach 92% is a high achievement. French fishermen have only used 33% of their quota. There is a clear and simple demand from Irish fishermen that the Irish Government negotiate with the French. If the French are not using their quotas, as appears to be the case, those quotas should be made available to Irish fishermen. Clearly, it is difficult for many fishing vessels and fishermen to make a living owing to the restrictive quotas, and that situation is made even worse when foreign trawlers are not using up their quotas. I appeal to the Leader to talk to the Minister for Agriculture, Food and the Marine about this issue and to try to secure his intervention to resolve it and get those fishing vessels back to sea as soon as possible.

I, too, extend my sympathy to Senator Eamonn Coghlan and his family on the death of his mother. I also extend my best wishes to Senator Jimmy Harte for a speedy recovery. Our thoughts are with him and his family.

I congratulate the transition year students and the staff of Salerno secondary school in Salthill, County Galway, who are participating in a trial course, Young Minds Online. A total of 50 transition year students will become social media ambassadors. They will engage with their peers and other teenagers to help them learn about social media or online etiquette, such as safeguarding one's privacy online, handling one's online reputation and one's digital footprint, and helping to report and tackle cyberbullying. This is an excellent example of young people taking the lead in raising awareness about online etiquette and about tackling, combating and reporting cyberbullying. There was another excellent example of raising awareness of cyber-bullying, which we debated in this Chamber, in the case of Waterford Comhairle na nÓg, which produced a cyber code a couple of weeks ago. This is important. The key message is that young people should be leading the way. If this trial course is successful, it will be rolled out across the country. Salerno secondary school will also produce a policy document. This will be not just for teenagers but also for adults, who often find the online social media challenging. It is important that we are all aware of the dangers of online activities.

I welcome Jody Blake's return. She might bring some law and order to a sometimes unruly House. I also extend my sympathy to Senator Eamonn Coghlan on the death of his mother.

I shared a platform with Senator Jimmy Harte on the night before his tragic accident. It was on the serious topic of a united Ireland but the Senator managed to bring it around to his much beloved issue of soccer, a united soccer team and whether he was in favour of Roy Keane's return. He was always a man who brought levity to sometimes very serious topics.

Will the Leader find out from the Government Chief Whip when the legislation to ban smoking in cars when children are present, which was introduced by Senators John Crown, Jillian van Turnhout and I over two years ago, will be progressed? The Minister for Health, Deputy James Reilly, came to the House to discuss it and we were told it would be progressed. Two years later, a legislative measure that is not two and a half pages long and with which nobody disagrees has moved virtually nowhere. Will the Leader check out the position in that regard?

On the human tissue Bill, which subject was debated during the summer recess when the Seanad was recalled, some of the Members on the Government side were told in their briefing notes and stated in the House that the human tissue Bill would be brought in before the end of the year. There is no timeline on the Government programme for it. The year is almost at an end and we have not seen it progressed. Senator Martin Conway spoke about the issue of presumed consent but we should be clear about it. The head of the most successful organ transplant office in the world, the Spanish Transplant Authority, has stated that Government policy - I mean successive Government policy - is killing people because we do not have two things in place. It has nothing to do with presumed consent, an opt in or an opt out model. The two things we need are a national transplant authority and organ donor co-ordinators in hospitals. That is what works. It works in the North where there are 27 organ donor co-ordinators in hospitals. There is no point having a presumed consent, an opt in or an opt out model if there is not somebody present to ask the families whether they would consider donating their loved ones' organs. Not having a national transplant authority is one of this country's critical failings in this area. We were one of the last countries in Europe to adopt the EU directive, the premise of which I do not disagree with, but its implementation was flawed. It was the first time in the history of the State that we had legislation on organ donation, yet it was not done right. Even worse, not one Senator, Deputy or even the health committee saw that legislation before the Minister signed it into Irish law. The Leader might find out from the Government Whip when the human tissue Bill - the introduction of which was promised here, in front of all the Members, before the end of the year - will be brought forward. I can provide the Leader with the extract from the Official Report when it was stated it would be introduced before the end of the year.

I, too, express my condolences to Senator Eamonn Coghlan on the death of his mother. I also welcome Jody Blake back to the House.

I very much appreciate the assistance and co-operation of the Fianna Fáil Whip, Senator Diarmuid Wilson, at this very difficult time for us. I am sure all Members will understand we are all very upset about Senator Jimmy Harte. We wish for him and his family that he has a speedy recovery.

I welcome the announcement yesterday from the Minister of State, Deputy Jan O'Sullivan, that she has identified 40 unfinished so-called ghost estates that she wants to have cleared within the next 12 months. This is to be by agreement with the owners and developers of these estates. Interestingly, only one in five of the ghost estates that remain to be resolved are in the possession of NAMA. Therefore, many of the developers involved in these remaining ghost estates are small-scale developers and these loans in respect of them are held by the banks directly. It is important to acknowledge that progress has been made on the issue of ghost estates in that there are fewer than 1,300 compared with nearly 1,800 this time last year and that money has been made available by Government, €5 million up to now and an additional €10 million announced in the budget this year, to complete those estates that can be finished. I believe we would all accept that they are worst blot on the landscape remaining from the Celtic tiger days. Apart from asking the Leader to invite the Minister of State to the House to discuss the progress that has been made on unfinished estates, this issue raises another more serious matter, namely, that very significant development levies were raised by local authorities from the construction sector during the Celtic tiger years. Could the Minister of State be asked to give an account to this House of the balance of development levies that are left in the accounts of local authorities and what is being done with that money? It is my understanding a very significant sum of money remains with local authorities that was raised by development levies. I am also aware there are difficulties in having local authorities take into charge estates that were built during the Celtic tiger years. In spite of a circular letter that was issued, I believe, in 2008 that was supposed to speed up this process, I am aware that many local authorities will not now take into charge estates that were built in the 2000s. Will the Leader invite the Minister of State to come into the House to give us a report on that issue?

I support the call by Senator Mary Ann O'Brien on the need to examine the system being used in the United Kingdom to combat online child pornography.

It is very urgent and serious and the Senator put it very well.

I also support Senator Ned O'Sullivan's call for a debate on abandoned horses. I am doing some work in this area. It is costing the State up to €3 million to dispose of abandoned horses every year. It is costing Galway County Council €824 per horse to have them lifted. This year to date, about €220,000 has been spent by the council.

I propose an amendment to the Order of Business to postpone taking Committee Stage of the Companies (Miscellaneous Provisions ) Bill 2013 today until we have had hearings on this subject. Company law is complex. There needs to be a briefing on this Bill from those with expertise before it goes any further. I looked at the Second Stage debate last week, which lasted about an hour and 15 minutes. That is not adequate for such a complex Bill. We have suffered from corporate vandalism and white collar crime in this country. I heard Senator Ivana Bacik call for a debate on white collar crime today. White collar crime happens in companies also. The Government has spoken about a pre-legislative stage in order that experts come in and brief Members of the Houses. Can anyone tell me about an area that needs briefings more than company law? Big business is complex and its machinations are not understood by the majority of people. This also applies to Members of this House, including me. I hope we would have a serious debate on that issue. I am proposing an amendment to the Order of Business and ask the House to slow it down, postpone it and hold hearings. We have the public consultation process here which we could use also. We should not push this Bill through without proper debate.

I join in extending our sympathy to Senator Eamonn Coghlan on the death of his mother and in extending my good wishes to our friend and colleague, Senator Jimmy Harte. I hope he will make a very speedy recovery and that we will have his good humour and wit back in this House before very long. Our thoughts are with him and his family at this very difficult time.

I join in the joy to see our friend and colleague, Ms Jody Blake, back with us and looking so well. It is good to see that smile back in the Chamber once more.

I welcome the announcement yesterday that President Higgins would make an historic visit to the United Kingdom in April. It reflects the growing maturity and excellent relations between our countries. We are all very conscious of the very fragile peace process we have in Northern Ireland and I hope this visit will help in a meaningful way. As elected Members, we all need to play a part in cementing that peace process and now that Seanad Éireann has a renewed mandate, I ask the Leader to reactivate our invitation to the First Minister and the Deputy First Minister to come to the House in order that we can have some discussions on the peace process and how we as Members of Seanad Éireann can help.

On a related matter, we are getting closer to 2016, which could be a very significant day for many of us in this House. I ask the Leader for a debate with the Minister for Arts, Heritage and the Gaeltacht on plans to commemorate the 1916 Rising and other significant centenaries we will celebrate in the following years. There is concern that not enough effort and thought are being put into marking this very significant historical event. Historically, we need to mark it, but there is also an opportunity to bring many people into the country in the next few years to build on the tremendous work done during The Gathering. We will have so many significant events to mark, it would be a pity if this is not well organised, marketed and planned in an appropriate manner.

I second the amendment to the Order of Business proposed by Senator Fidelma Healy Eames. I join other colleagues in welcoming the return to work of Ms Jody Blake and wish her well. I send my condolences to Senator Eamonn Coghlan on the death of his mother. I was not aware of it until the Government Whip informed me. I wish our colleague, Senator Jimmy Harte, very best wishes for his recovery in Beaumont Hospital. I understand he is making great progress. We wish him well and look forward to having him back here in the Chamber as soon as possible.

I welcome the proposed state visit by President Higgins to England next year. He will be the first President of Ireland to do so. I welcome the progress in the relations between our two islands, in particular, during the past two decades. I wish the Government well and the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar and his colleagues, in their application to be joint hosts with Northern Ireland of the 2023 Rugby World Cup. This would be a great occasion for our island and it offers very great tourism potential and media exposure. We are too small to apply to host any of the other major international tours except for the cricket tour. My leader has informed me that we are quite capable of hosting it and maybe we should apply to host a future one.

I am working on it.

We have the facilities but we might not have the weather to go along with it. North Dublin is quite capable of hosting such an occasion. I encourage my group leader to make that application.

I ask the Leader to invite the Minister for Education and Skills to the House in order to provide an update on his plans for the Dún Uí Neill campus in Cavan town, in the former Army barracks which was closed almost two years ago. It is now in the ownership of the Cavan-Monaghan education and training board. Unfortunately, that body has not been given the promised funding to carry out the necessary renovations to use it to its full capacity. I am interested to hear the Minister's views.

I join in the welcome to Ms Jody Blake. I hope she missed us as much as we missed her. It is great to her back at work. I share in the expression of condolences to Senator Eamonn Coghlan on his recent bereavement. We were all very shocked and upset to hear of Senator Jimmy Harte's accident on Friday night. It is a real mark of the man to note the number of telephone calls I received from people of all parties in this House and the other House. It is unique to see the esteem in which he is held. We hope and trust he will be back here in the Chamber very soon. We could say that Jimmy will be winning matches again here.

I draw the attention of the House to a crisis in the Cork branch of Samaritans, the suicide charity, which is running out of money. It takes a budget of €80,000 to run the Cork office. It seems that due to a falling-off in contributions the available funding will be about half of that amount. Samaritans depends very much on the Christmas period to raise a substantial amount of money. I hope it will be successful in doing so. That brings me to the main point I wish to raise. I ask for a discussion in the Chamber on the ways in which some charities are being funded. All charities are very worthy and very good but some of them are doing work which might rightly better fall to the State. Perhaps the State should reassess how it funds many of our charities.

I join colleagues in extending sympathy to our colleague, Senator Eamonn Coghlan, on the death of his mother, Kathleen. I wish Senator Jimmy Harte all the very best and hope he is making good progress. We look forward to further news in early course, please God. We certainly welcome back Ms Jody Blake, which is very good news.

I look forward to the Leader's response to Senator Fidelma Healy Eames's requested amendment. The major Companies Bill is on the way and will take a long while, but we cannot expect to be spoon-fed collectively. The Library and Research Service is excellent if anyone wants assistance or guidance. One would not expect me to agree with anything Senator Fidelma Healy Eames proposes. I certainly do not, but I look forward to the Leader's response.

I welcome Jody back. I am delighted to see her. She was the first person I met and communicated with when I entered the Seanad. Her professionalism is extraordinary. She was sadly missed. As other Senators stated, I am sure that she is delighted to see us still here.

I extend my sympathy to Senator Eamonn Coghlan on the death of his mother and to Senator Jimmy Harte who I hope gets well soon. He is a man of great humour, wit and intelligence. He is a wonderful man who did so much for charity. He is the only man in the Seanad who is able to stand up to Sinn Féin.

He only got away with it because the Sinn Féin Members could not understand him.

I support Senator Aideen Hayden's call for a debate with the Minister of State, Deputy Jan O'Sullivan, on the issue of ghost estates, but I do so from another angle. For weeks, I have discussed builders, developers, planners, county councillors, estate agents, accountants and architects, particularly in the context of Priory Hall. Not one of them has been brought to book. We all attended the Lower House and listened while €10 million was handed out to the residents of Priory Hall, rightly so. They had nowhere to live after buying apartments that had not been built properly. Answers must be given. The Minister of State must tell the Seanad why no one has been brought to book when, at the same time, the public is constantly expected to put up with austerity and losing money and work. I call for the Minister of State to tell the House what is happening with the ghost estates and why so many people who have no houses still have nowhere to go even though they have been on lists for years. This is approximately the fifth time that I have asked for this explanation. We are half-lemmings to dole out money to the people who have caused these problems before they walked away.

I also welcome Jody back. We missed her and it is great to see her looking so well. I extend my sympathy to Senator Eamonn Coghlan on the death of his mother. We were all shocked to hear about Senator Jimmy Harte at the weekend. He is making good progress according to Senator John Gilroy. I hope he will be back with us soon.

Like Senator Diarmuid Wilson, I welcome the positive news of a bid to host the Rugby World Cup in 2023. If New Zealand did it, there is no reason why we cannot, since New Zealand does not have a stadium as large as Croke Park.

Sponsored by Guinness.

It would be a significant boost for tourism. It is great that there will be North-South co-operation. The various bodies will work together positively. There is no negative.

I am sorry to jump on the Leader's territory, but the Waterford blaa today attained the same status from the European Commission as Parma ham and feta cheese owing to its heritage and unique characteristics. It sounds laughable, but-----

I thought that the Senator grew up in Dublin.

There are major opportunities for food. The protected geographical indication and protected designation of origin mark protect food products, as well as the geographical names of items that have established links with given areas.

I am sure all Senators will be glad that there is protection for the blaa.

There is a lot of blah here.

Does Senator Catherine Noone have a question for the Leader?

I knew when I raised this matter that I would get some feedback, to say the least. In any case, it seems there are a lot of opportunities. They are the only products from Ireland that have received this recognition. It is to be welcomed that another one has now received this recognition.

I ask the Senator to, please, refrain.

Senator Darragh O'Brien will be pleased to hear that there is a similar possibility in the case of drinks.

The Senator is way over time. There is too much blah.

I have nearly finished. With the emergence of craft beers and new small industries, it is something they could strive for. It is a good European story and I am glad that Senators could all make such a joke of it. I thank them very much.

Follow that one.

I join my colleagues in welcoming the Clerk Assistant, Ms Jody Blake back. I commiserate with the Coghlan family and wish Senator Jimmy Harte a speedy recovery.

I wish to be associated with Senator Fidelma Healy Eames's amendment to the Order of Business. We had a most interesting speech on it by the Minister of State, Deputy Kathleen Lynch. I learned far more from her speech than is apparent from the Bill. I compliment her on all her visits to the House. What is at stake is not an issue between both sides of the House. This is how we regulate accounts and one must be concerned about that. Back in 2008, Ms Karen Erwin, the then chairperson of the regulatory body, the Irish Auditing and Accounting Supervisory Authority, commented on the shock to the system which poor accounting standards had imposed, but we have not dealt with that. Rather than changing the way we regulate accounts as a by-product of the Companies (Miscellaneous Provisions) Bill 2013, we should have it up front with a full discussion and the involvement of people such as Professor Brendan Walsh, the current chair of the IAASA and his predecessor, Ms Karen Erwin. There is an amount of redacted material on accounts. In addition, the existing regulatory bodies have failed. Every year, the chartered accountants body has been fined by the IAASA. If the State takes on these functions from the professional accountancy bodies, which is what is being sought, will we be liable? Why have we not got anything back for the €64 billion which the bad accounting of Irish banks failed to discover in the case of Ernst & Young and in the case of Anglo Irish Bank, or any of the other banks either? They were all under investigation. The reports for 2011 have that dreaded phrase "redacted", which I hate. We have to approach the regulation of financial institutions in Ireland in its own context with plenty of time. It is not an issue between both sides of the House. If we let accountants off the hook the public will want to know what Seanad Éireann is doing. They will ask why they voted "No" to the proposed abolition of this House. There are serious issues which the Minister of State, Deputy Kathleen Lynch, highlighted much better than the legislation does. The legislation appears to be fairly benign but the Minister of State's speech is well worth reading. This is an attempt to transfer the burden of regulating accountants from their own professional bodies to us as taxpayers. I have tabled some amendments which we can discuss, if the Leader so wishes. It is such a major point of principle that we should not let bankers or accountants off the hook for the damage they did to this country in 2008.

I join in the expressions of good wishes to Senator Jimmy Harte. We wish him well and hope he has a speedy recovery. I also wish to be associated with the vote of sympathy to Senator Eamonn Coghlan on the death of his mother. I welcome back Ms Jody Blake who has brought a sense of calmness to the Chamber today.

Senator Darragh O'Brien referred to motion No. 1. I agree that when it is returned from the joint committee, we should have a debate on the issue.

As regards the health service plan, last Friday was the closing date for the making of submissions to the Minister. I understand he gave the HSE a further ten days to report back to him.

I will update the House on progress on the matter.

With regard to the ECB rate cut and the Minister's view on it, I will inquire whether he proposes to make a statement on the matter. As pointed out by Deputy Darragh O'Brien, it is not the Minister's intention to micromanage the banks. However, I agree that his view on the matter should be sought.

I agree with Senators Bacik and Michael Mullins that the State visit to Britain by the President, Michael D. Higgins, is to be welcomed. It is important in the context of relations between both countries which have regularised and improved in recent years. The visit will I am sure, given the Queen's visit to Ireland, be welcomed by all.

Senator Ivana Bacik also called for a debate on white collar and cyber crime. While we had a debate on this issue recently, I will try to arrange a further one.

Senator David Norris welcomed China's apparent dismantling of the forced labour camps and commented on climate change and the freak weather conditions in recent times in the United States, the Philippines and Sardinia. He also called for a debate on the exit from the bailout programme. I will try to arrange that debate. I hope the Senator's forecast of gloom for the US economy does not transpire for everybody's sake.

Senator Martin Conway raised the issue of presumed consent for organ donations and referred to Mr. Joe Brolly's documentary in this regard. He also called for clarification of the Government's position on this issue and, like Senator Mark Daly, asked about progress on the human tissue Bill. I will ascertain from the Minister when the Bill will be brought before the House.

Senators Ned O'Sullivan and Fidelma Healy Eames raised the issue of the number of unwanted animals roaming the countryside and, in many cases, the cost of disposal of these animals. Senator Ned O'Sullivan mentioned that approximately 24,000 animals had been destroyed last year. I am sure the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, is well aware of it, but I will bring the matter to his attention.

Senator Mary-Ann O'Brien raised the issue of child pornography and online abuse and the steps being taken in the United Kingdom in this regard. She also asked that the stance of the Government be obtained. I am sure we will follow in the footsteps of the United Kingdom in this regard and hope this will be done sooner rather than later.

Senators Marie Moloney, Diarmuid Wilson and Catherine Noone spoke about Ireland's application to host the Rugby World Cup. It would be excellent in tourism and sporting terms if our bid was successful.

Senator Marie Moloney also referred to problems with the helpline for the payment of property tax and stated that, in some cases, callers were waiting up to 20 minutes for their calls to be answered. I hope that, as indicated by the Senator, she will table the matter for discussion on the Adjournment.

Senator David Cullinane referred to the dispute at Kilmore Quay fisheries over restrictive quotas. The Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, has welcomed the commencement of crucial international negotiations on mackerel quotas in the north-east Atlantic. The negotiations are being hosted by Ireland at the National Seafood Centre in Clonakilty in Senator Denis O'Donovan's constituency. Senator Denis O'Donovan has also raised the issue in the House on several occasions. As mackerel is the single most important stock of fish for the Irish fleet and the value of the international mackerel industry is estimated to be €1 billion annually to the parties, we need to secure agreement at international level on the management arrangements for this stock and all quotas.

I take on board Senator David Cullinane's comments.

Senator Hildegarde Naughton complimented Salerno secondary school in Galway on an EU project and also Waterford Comhairle na nÓg, representatives of which appeared before a committee of the House to discuss the issue of cyberbullying.

Senator Mark Daly spoke about legislation to ban smoking in cars. I understand the Department of Health is seeking legal advice on one outstanding issue to do with the Bill. I agree that progress has been less than satisfactory and will urge the Department to make progress on the Bill as a matter of urgency. When the Minister came to the House, he said he fully supported the legislation. I cannot understand why advice on one issue is still outstanding after such a length of time. I will certainly bring the matter to the Minister's attention. I have spoken about the human tissue Bill and will receive an update on that matter for the Senator.

Senator Aideen Hayden spoke about ghost estates, the number of which has reduced from 1,800 to 1,300, which indicates that progress has been made. She also sought a report on the balance of levies raised and in the possession of local authorities. I will ask the Minister of State, Deputy Jan O'Sullivan, to come to the House to address the matter and also another angle referred to by Senator Marlie-Louise O'Donnell regarding the accountability of engineers, architects, legal professionals and others who signed off on many of the houses in question. When the Minister of State is in the House, I hope these matters will be addressed. I fully agree with Senator Marie-Louise O'Donnell's sentiments.

In response to Senators Fidelma Healy Eames and Paul Coghlan, the Bill before us this week is the Companies (Miscellaneous Provisions) Bill 2013, not the Companies Bill. This is a small specific Bill to which a number of amendments have been tabled. The Companies Bill will be brought before us in the new year and may be introduced as a Seanad Bill, to the best of my knowledge. I am sure there will be significant briefings on the other Bill, the large Bill to which Senator Fidelma Healy Eames was alluding. I ask her to withdraw her amendment to the Order of Business because I believe there was a slight mix-up between the two Bills.

May I raise a point of information?

The Senator has already spoken.

Senator Michael Mullins-----

On a point of order-----

There is no point of information.

I wish to raise a point of order. Will the Leader confirm that we will have pre-legislative hearings on the Companies Bill?

That is not a point of order.

Senator Michael Mullins asked for an update from the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan, on the decade of commemorations, with specific reference to what would happen in 2016. I note his comments in that regard.

Senator Diarmuid Wilson called for an update on the plans of the Minister for Education and Skills for the site of a former Army camp. I will correspond with the Minister in that regard.

Senator John Gilroy spoke about funding for Samaritans in Cork. Many charities are in difficulty and the Senator called for a debate on their funding.

Senator Catherine Noone spoke about something that is very close to my heart and stomach, the Waterford blaa. I will have to bring some of them for the Senator to sample.

The humble blaa has made its way onto the plates of many of the finest restaurants in the city. We are proud of this humble product in Waterford which dates back to the Huguenots.

We are delighted that the European Commission recognises the geographical significance of this fine food.

It is recommended in Ireland's Blue Book.

In Waterford we eat our blaas in the mornings, as they do not last much longer. We like them fresh and hot.

Bring us up a few.

Senator Sean D. Barrett raised the issue of accountability and the regulation of accountants. I note that he has tabled a number of amendments to the Companies (Miscellaneous Provisions) Bill 2013. I hope we will have a significant debate on Committee Stage of the Bill this week.

Senator Fidelma Healy Eames has proposed an amendment to the Order of Business: "That No. 3 be deleted from today's Order of Business." Is the amendment being pressed?

Amendment put:
The Seanad divided: Tá, 6; Níl, 24.

  • Barrett, Sean D.
  • Bradford, Paul.
  • Healy Eames, Fidelma.
  • Mullen, Rónán.
  • Norris, David.
  • O'Brien, Mary Ann.

Níl

  • Bacik, Ivana.
  • Brennan, Terry.
  • Clune, Deirdre.
  • Coghlan, Paul.
  • Conway, Martin.
  • Cullinane, David.
  • Cummins, Maurice.
  • D'Arcy, Michael.
  • Gilroy, John.
  • Hayden, Aideen.
  • Henry, Imelda.
  • Higgins, Lorraine.
  • Keane, Cáit.
  • Kelly, John.
  • Landy, Denis.
  • Moloney, Marie.
  • Moran, Mary.
  • Mullins, Michael.
  • Naughton, Hildegarde.
  • Noone, Catherine.
  • O'Donnell, Marie-Louise.
  • O'Neill, Pat.
  • van Turnhout, Jillian.
  • Zappone, Katherine.
Tellers: Tá, Senators Sean D. Barrett and Fidelma Healy Eames; Níl, Senators Paul Coghlan and Aideen Hayden.
Amendment declared lost.

On a point of order, it must be noted that the Fianna Fáil group abstained en masse in the vote.

Order of Business agreed to.
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