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Seanad Éireann debate -
Wednesday, 2 Apr 2014

Order of Business

The Order of Business is No. 27, Food Provenance Bill 2013, leave to withdraw, to be taken without debate at the conclusion of the Order of Business; No. 1, Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013 - Order for Second Stage and Second Stage, to be taken at 1 p.m. and adjourned not later than 2.30 p.m., with the contributions on Second Stage of group spokespersons not to exceed eight minutes and those of all other Senators not to exceed five minutes; No. 2, Higher Education and Research (Consolidation and Improvement) Bill 2014 - Second Stage, to be taken at 3 p.m. and conclude not later than 5 p.m.; and No. 44, Private Members' business, motion No. 9 re participation in sport, to be taken at 5 p.m. and conclude not later than 7 p.m.

Similar to last week and yesterday, I propose an amendment to the Order of Business: "That in accordance with Standing Order 56, the Attorney General be invited to attend the Seanad today to discuss the taping of telephone conversations in Garda stations." The Attorney General should attend to give an account of the incredible affairs of recent weeks in order that this House can participate on behalf of the public in getting to the bottom of these matters. "A masterclass from Shatter in sarcasm, contempt and a dollop of faux humility" is the most accurate account I read in today's newspapers of yesterday's charade in the Lower House. It is incredible that these matters are being accounted for in the way they are.

I posed my first question last week to the Leader. How many special committees are in operation in each Department under the authority of a Minister without his or her knowledge? Second, if the Secretary General is missing because of a bereavement, holiday or illness or anything else, does anyone else in the Department of Justice and Equality do his or her work? If the Attorney General is missing because of a family event, does anybody in her office do her work or do the affairs of the State simply come to a halt regardless of the seriousness of the matters at hand because an individual is missing through illness, leave or other issues? I am bound to say on behalf of Fianna Fáil that if that is the case, I am concerned about any of these people ever leaving their desks.

Many questions are outstanding from last week. The Taoiseach told us the Cabinet was gravely concerned about these matters and, therefore, he had to shaft the Commissioner by sending Mr. Purcell to his house. At that stage, the Cabinet had not even been informed about the letter from Mr. Callinan or the extent of the taping. How could the Cabinet have had so much concern if it had not even discussed the issue at that stage? At the Monday night meeting during which Mr. Purcell was clearly despatched to the Commissioner's house, there was no mention at all of the letter from Mr. Callinan.

I am concerned about the autopilot regime that has come into existence in Government Buildings. Once the Attorney General goes outside the door, nothing happens. Once the Secretary General of the Department is ill or at home, nothing happens and once the Minister is at a book launch or in Mexico or anywhere else, it seems nothing happens. Whether the Minister, the Secretary General of his Department, the Attorney General or whoever goes, the affairs of State must continue and the public are entitled to have confidence that, whoever happens to have an ingrown toenail, have a day off or be attending a family function, their concerns as citizens of the State are being looked after. In the context of the debate yesterday, the account of affairs by the Secretary General of the Department of Justice and Equality and the Minister display a disgraceful contempt for the public in the neglect that is being shown to them and the fantasy account of events that is simply not believable. That is why each day until further notice under Standing Order 56 we expect the Attorney General to come to this House, which has the most current of mandates, much more so than the Dáil, and give an account.

The Senator would be surprised.

I look forward to being surprised. I assume that when she comes to the House we will get a detailed account.

The Senator should withdraw some of the remarks he has made.

Senator Marc MacSharry without interruption

That is what is required and that is what the public are entitled to rather than this show. Can Senator Terry Brennan confirm that she will come to the House?

The Senator would be surprised.

I very much welcome the fact that she will come. We will get to vote on the amendment shortly.

The White Paper on universal health care which is three years in preparation will be launched later and I would like the House to debate it because according to the king of announcements, the Minister for Health, we now have free GP care for under-sixes, but that is not happening and there was no consultation with doctors. The White Paper will state nothing about the cost of universal health care. but the system will be in place in its entirety within five years.

In addition, yesterday I raised other issues relating to the health service and the fact that it was at breaking point in the context of front-line services. An urgent debate is needed with the Minister on what is going on the ground versus the airy fairy aspirations in various announcements once a month.

The Leader will respond to Senator Marc MacSharry's amendment, but it seems like an act of desperation and a desperate diversionary tactic by Fianna Fáil to put the same issue to a vote for the third day running. It seeks to divert attention away from its own serious responsibility for the matters that have come to light in recent weeks regarding tape recordings both in Garda stations and, as we know since yesterday, prisons. The Garda station recording system was upgraded under the watch of the then Fianna Fáil Minister, Mr. Dermot Ahern, in 2008 and there are serious questions to answer about that regime in the Department of Justice and Equality.

Bring him in, too.

We need to hear from him.

We cannot have the 2011 election again. How many times does the Government want to have that election? We lost 53 seats. Fine Gael and the Labour Party are in government now.

Senator Ivana Bacik to continue, without interruption.

I had the courtesy to listen to the Senator, although it was difficult do so without interrupting him.

We want to listen to the Attorney General, not the Senator. She is just spinning.

Clearly, the Senator does not have the self-restraint that I do because I restrained myself from interrupting him.

The Senator is the queen of restraint.

The decorum of the House is being destroyed.

I restrained myself from interrupting Senator Marc MacSharry and listened with courtesy and he should do the same in the spirit of the way we conduct business in a respectful manner-----

When will the Attorney General come?

-----but he, clearly, cannot restrain himself.

That is four times.

Senator Marc MacSharry has an anger management issue.

If the Senator cannot contribute without interruption, I will have no choice but to suspend the sitting.

I thank the Cathaoirleach. The responsibility of former Ministers such as Mr. Dermot Ahern will be one of the issues the commission of investigation will investigate and we all very much hope it will do so expeditiously and we will find answers to the questions as to who knew what and when, particularly when systems were upgraded. I very much welcome the appointment of Supreme Court judge, Mr. Nial Fennelly, to lead the commission, the establishment of a Cabinet committee on justice reform and the fact that we, on the justice committee, will also work to improve and strengthen Garda procedures.

I refer to the new revelations about the inadvertent taping of prisoners' calls, which again gives rise to serious concerns about breaches of prisoners' right to privacy and the potential liability of the State in civil actions taken by prisoners. This system was installed in July 2010 under the watch of then Minister, Mr. Dermot Ahern, and the previous Government and it seems that system has remained in place under the radar of the prisoner authorities since that date. I commend Mr. Michael Donnellan, the head of the Irish Prison Service, who took pre-emptive action last week to proactively investigate whether calls were being taped within prisons and uncovered the fact that the calls of quite a number of prisoners were being taped in this way. All these matters need to be investigated by the commission of investigation, which I very much welcome. It is clear we need to know more about the dates and the extent of knowledge at the top levels in the Department of Justice and Equality, the Irish Prison Service and the Garda.

Today a ceremony will take place in Glasnevin Cemetery to commemorate the centenary of the foundation of Cumann na mBan. I am sure many female Members, in particular, would love to be there, but it is welcome that we are having an official occasion to mark that important centenary and that we are seeing, as a result, a great deal of renewal of interest in the members of Cumann na mBan and the role they played in the struggle for independence.

Yesterday's edition of The Irish Times had a good cartoon by Mr. Martyn Turner relating to the recent UN panel publication on climate change. It showed the report as a massive tome and then an executive summary with one word, "Panic". That is appropriate and anyone who has read these reports - we have had a number of them - will realise this is the most serious one yet. It forecasts serious repercussions for us as human beings not to mention all the other animal life on the planet and the future of humanity. When is the promised climate change Bill being introduced in order that we can have a proper debate on this serious matter?

On an entirely different subject, when the local elections are held in May, they will bring to an end the careers of many hundreds of serving town councillors. Many are to retire and will not run for election to county councils because there were not enough places for them on the various party panels. Some are not excited by the prospect of a new type of local government system as it represents such a change from what they have been used to under the town councils, bearing in mind the focus on urban areas. There is still much confusion about the entitlements of retiring town councillors in terms of an ex gratia or a redundancy payment. It is not yet clear to the Association of Municipal Authorities of Ireland, the representative group, whether the payments will be entirely tax free. It appears that they will be capped at €16,000. A friend of mine who serves on Tralee Town Council has been a town councillor for 40 years since 1974. In his case a gratuity of €16,000 amounts to €400 per year which is paltry and mean-spirited, given the work town councillors have done. Through the Leader, I ask the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, to review the schedule of payments and be more appreciative of the work town councillors have done for us over a long period. The local government legislation sets up the local community development councils, LCDCs, which will be fairly powerful and comprise local community groups, including business people, teachers, farmers, etc. I am amazed that the Minister has not made provision, in deciding on the composition of the councils, for some representation by retired town councillors who have a wealth of experience and knowledge of public service and matters relating to their specific areas. This experience would be greatly missed. I ask the Minister to review the composition of the councils to include retiring town councillors.

It was announced this morning that Ms Angela Kerins, the chief executive officer of Rehab, was to retire. I wish her well in her retirement. We have had many discussions on the charity sector recently and the fact that significant State support goes to what are called section 39 companies. With a debate on section 39 and a statement from the Minister on our position on reviews and acting on some of the information discovered through the Committee of Public Accounts, I would like to see a new corporate governance structure for companies and organisations that receive significant State support. Putting public interest directors on the boards of some of the companies is worthy of consideration. Under such a model, directors would report monthly and yearly to the Minister on activities at board level and represent the public interest. Not only are the companies receiving millions of euro of State money in some cases, they are also collecting many millions of euro from the general public. This is money from Irish citizens, collected through taxes or in buckets. The public is expecting significant change and much more accountability in this area. The concept of having public interest directors on the boards of charities is worthy of consideration.

I call on the Minister for Justice and Equality to come to the House to discuss the ongoing controversy surrounding him, his Department and office. There is a growing realisation among many outside the House that he is unsuitable as the Minister responsible for the justice system and that he should resign. There have been a number of high-profile sackings, resignations and retirements. They are called different things, but, in reality, people have been sacked and forced to resign. The confidential Garda recipient was sacked and the Garda Commissioner, Mr. Callinan, is gone. Mr. Frank Flannery had to resign from Rehab and now Ms Angela Kearns has resigned. Despite all of the controversies that surround the Minister and the fact that he has not been an innocent bystander in many of them, he remains in office. He has been a central player in and, in many respects, the instigator of many of the controversies. He allowed false statements to stand in the Dáil and only when it was politically expedient did he correct the record. It is a sign of arrogance on his part and weakness on the part of the Taoiseach that he is still in his position. We all accept that we need far-reaching reforms in the judicial and policing systems to restore public confidence in both the Judiciary and the institution that is An Garda Síochána. Is the Minister for Justice and Equality really the one to stand over these reforms? Does anybody, even in his own party, believe he has the credibility to continue as Minister and carry out the necessary reforms?

He certainly has.

Does anybody in the Labour Party really believe the Minister has the credibility to carry out these reforms? I certainly do not believe he does and I am certain the vast majority of citizens do not either. It is high time somebody in the political system was made to account for all of the debacles we have witnessed in recent months. There have been resignations outside the political system but there has been none by the person who is most accountable, the Minister for Justice and Equality. I ask the Leader to request the Minister for Justice and Equality to come to the House to discuss all of these issues and give Senators an opportunity to put their concerns to him directly.

A new report by the Society of Chartered Surveyors Ireland indicates there should be an increase in construction in the order of 30% in the next four years. Unfortunately, this is a hopelessly inadequate response to the emerging housing need and crisis we are witnessing. At the height of the boom, 89,000 units were built, which we all accept was way too many. Last year fewer than 10,000 units - approximately 8,000 units - were built, despite the positive growth in household formation of approximately 20,000 plus per year. We are heading steadily towards a very serious and significant housing problem which is not confined to the city of Dublin, as is evident when we examine the increases in house prices outside the greater Dublin area, as we saw in the past week. I ask that the Minister of State with responsibility for housing and the Minister for the Environment, Community and Local Government come to the House to discuss the plans for the construction sector in the coming years. At the height of the boom, the construction sector accounted for 23% of GNP. The sector has collapsed entirely and the report by the Society of Chartered Surveyors Ireland indicates that there is an emerging skills gap in it. We are all aware that a significant number of our construction workers are in New Zealand rebuilding Christchurch. It will be a long time before we are able to entice a number of our construction workers to return to the country. Therefore, we really need a concerted response to the emerging crisis. I was particularly disturbed to read in some of the new Sunday newspapers that we were planning to abandon Part 5 - development levies and a number of other measures. It is high time, therefore, that we had a debate on the subject and less nuance in the newspapers.

I second the amendment to the Order of Business put forward by my colleague, Senator Marc MacSharry, requesting that, under Standing Order 56, the Attorney General be questioned in the House and provide an explanation for the Oireachtas of the details pertaining to the Shatter debacle, as it is now being referred to in the media. This forum, being constitutionally established, is the correct one in which to do this, as recognised in its Standing Orders.

I appeal to the Leader to accede to the request from Fianna Fáil Senators to have the Attorney General come before the House between now and midnight. It is only proper and correct that the public be given the opportunity to have such a question and answer session in the Seanad. I do not question the role of the Attorney General, but one must question the political motives behind Fine Gael and the Labour Party blocking such a request when the public is seeking answers.

I want to raise a health-related issue in my county concerning paediatric diabetes services in County Donegal. The service is on its knees and children are being refused services. I ask the Leader to try to facilitate a debate on the issue next week. We could have a general debate on the paediatric diabetes service nationally which would enable us to focus on the lack of service provision in County Donegal, which is a source of concern for 200 families in the county. I ask the Leader to schedule such a debate in next week's proceedings.

I support Senator Marc MacSharry's call for a debate on universal health care. It concerns forward planning in the health care system. We face major challenges, particularly in the care of the elderly, and need to engage in the forward planning that was not undertaken in the 14 years Senator Marc MacSharry's party was in government. Over €500 million had to be paid back because of a lack of planning in the then Department of Health and Children under the leadership of the current leader of the Fianna Fáil Party. That is why we are setting out it is not something that will be implemented overnight. The document is being launched today and 2019 is the target date for its implementation. I would welcome a debate on the matter. It is important to realise that, according to the most recent report from the OECD, the Government is spending approximately $3,700 a year on health care for every man, woman and child in the country. On top of this, people are paying over $2 billion in health insurance premiums. Over $15 billion a year is being paid by the people, including the taxpayer, to meet health care costs. On top of this, additional moneys are being paid for care of the elderly. It is important, therefore, that we engage in forward planning and have a debate on a universal health care system which will not all be set out today or tomorrow. It will take time to develop to make sure it is properly implemented.

It will be included in the manifesto for the next election.

In one country it took over 15 years to implement. Let us do it properly and engage in forward planning. We are behind all other countries in Europe in respect of computerisation and the use of e-mail for records and communication.

On behalf of Senator Feargal Quinn, I request that No. 27, Food Provenance Bill 2013, be removed from the Order Paper. The Senator is engaging in further research and may resubmit the Bill. He would appreciate it if the Leader could arrange to remove the Bill from the Order Paper.

The Senator cannot do this on the Order of Business; it can only be done afterwards by way of a motion.

I apologise.

I refer to the need for a debate on policing and An Garda Síochána in the light of events including the Morris report, the Smithwick report which we did not have a chance to debate, the success of the new arrangements in Northern Ireland, the resignation of the Garda Commissioner and the welcome resumption of recruitment at the Garda College in Templemore. I ask whether we need a debate on establishing something along the lines of the Patten commission. In view of the proud record of service to the country of An Garda Síochána, we want to make sure that, on the resumption of recruitment, we are moving in the right direction. After today, the Minister for Justice and Equality might be willing to debate the future of policing.

I support the call made by my colleague, Senator Aideen Hayden, for an urgent debate with the Minister of State with responsibility for housing on the housing shortage emerging in Dublin and other parts of the country. We need to put in place structures to address the issue as a matter of urgency.

Can we have a debate on the Criminal Assets Bureau which has been in operation for 20 years? It is time to assess whether the legislation needs to be reviewed in the light of the increasing sophistication of criminals operating within and outside the jurisdiction. The work of the Criminal Assets Bureau has been significant, but it is time to examine the legislation under which it was established.

It is welcome that Aer Lingus is having its inaugural flight to San Francisco, to which destination there will be five flights a week. This is of huge significance for Irish businesses, given that so much foreign direct investment in this country is attracted from Silicon Valley. That there were no direct flights to that part of the world was a negative, but the matter has now been addressed. It is of great significance from the point of view of tourism.

Roimh bhriseadh Lá le Pádraig, bhí díospóireacht againn a bhain leis an Straitéis 20 Bliain don Ghaeilge agus cuireadh an díospóireacht sin ar athló agus bhíomar buíoch as sin ag an am. An bhfuil an Ceannaire in ann insint dúinn cén uair an mbeidh an chuid eile den díospóireacht sin againn? The debate with the Minister of State, Deputy Dinny McGinley, on the 20 year strategy was held around St. Patrick's Day during seachtain na Gaeilge and was adjourned, not concluded. When does the Leader intend to address the issue in order that the Minister of State can come back to the House to finish it?

We have seen changes in rural life in recent years. People say there has often been a clash between environmental and sustenance issues in rural areas. Turf cutting is an example and the latest to come to the fore is seaweed cutting on the shoreline. Owing to environmental issues, it seems anyone who has not been involved in seaweed cutting on the shoreline must apply for a licence or he or she will not be allowed to cut seaweed in an area subject to an environmental designation. This also applies in the case of shellfish. It would, therefore, be useful to have a debate with the Minister for the Environment, Community and Local Government or one of the Ministers of State in that Department to examine the impact of environmental designations in rural areas. In some cases, designations are put to one side when we see windfarms being developed in idyllic scenic areas. If there are other large-scale developments, councils look in the other direction when it comes to projects in special areas of conservation. We have seen the redesignation of such areas. In Connemara 90% of the landmass is included in a SAC or a NHA, which has massive implications for local communities. A debate on the impact of environmental designations in rural areas would be welcome, during which we could introduce a number of issues. Bheadh fáilte againn roimh sin.

I welcome the announcement on Monday by the CEO of Ryanair at the meeting of the British-Irish Parliamentary Assembly in Kilmainham of seven additional twice daily flights from seven European destinations to Dublin, and a significant increase on all other routes. Ryanair also proposes to invest in 175 new planes within the next five years. I acknowledge the part the company plays in bringing tourists to Ireland. The CEO anticipates bringing an additional 1.4 million passengers to Ireland in the coming year. He believes the co-operation between his company and the tourism industry augurs well for tourism. I did not know that the company employed 9,500 people. It hopes to increase that by 1,500 in the coming year. That is welcome news.

I received a document on the Internet this morning and wonder if any of my colleagues received it, too. It is allegedly from PayPal to the effect that “unfortunately your account is temporarily limited”. I have no account with PayPal. I want to bring this to the Cathaoirleach’s attention. I alerted the IT section in the Houses to have it taken down. It looks so legitimate that one would be fooled into responding because it is prepared in such a way that it asks for information. People would be misled because PayPal is such a legitimate, credible organisation based in Dundalk. I have no contact with it good, bad or indifferent.

Did the Senator receive it by e-mail?

I received it by e-mail this morning. I just want to alert my colleagues and the media to this issue. This type of activity is becoming very dangerous and is happening quite often. It is getting more sophisticated. If one receives an e-mail from someone in Nigeria who wants to off-load €7 million one knows it is pretty crazy and ignores it.

I also compliment our colleague, Senator Marie-Louise O’Donnell, on her contribution to “Today with Sean O’Rourke” on RTE yesterday, when she highlighted progress in rural areas. She spoke about the set dancing in Paul Tully’s hotel in Castlerea. It was a wonderful item. The Senator brings ordinary situations to public attention at national level. On Sunday, 6 April, the County Roscommon Ploughing Association Championships will be held in Castlestrange in Fuerty, in my parish in County Roscommon. I compliment the committee involved in this event, which brings together people in that area and creates activity for the three local hostelries.

Including the Senator’s own.

I have a vested interest in one. That type of effort came to mind when I heard the report yesterday. I hope Senator Marie-Louise O’Donnell will come to the ploughing championship in Roscommon on 6 April. It will be on Frankie White’s farm in Castlestrange. She will be more than welcome. She can put on those-----

What relevance does this have to the Order of Business?

It is very relevant because Senator Marie-Louise O’Donnell is very relevant to the Order of Business. She is always very relevant.

Could the Senator not send her an e-mail? That would be easier.

Does the Senator have a question for the Leader?

Yes. I pay tribute to the former Garda Commissioner, Mr. Martin Callinan. I will not go into detail about his decision to resign. That is being well orchestrated. I know him quite well, having met him at many events. He made an outstanding contribution to law and order in this State and that should not be diminished by the events of the past week or two. He fought the "General", Mr. Martin Cahill. He fought organised crime. He was involved in the Criminal Assets Bureau. He was a courageous individual and I want to place on record my admiration for him and wish him well in his early retirement from An Garda Síochána. He has left an outstanding record of 42 years of service to the State as a courageous garda and Commissioner. I regret very much the events that led to his unnecessary resignation. I do not think he would have resigned, if he knew then what he knows now.

The Senator is ever helpful.

I, too, welcome the appointment of Mr. Justice Nial Fennelly to chair the commission of investigation. I say genuinely to my good friends opposite that it would be important that they exercise more caution and less haste. We all have a duty to be properly informed. Mr. Justice Cooke will report in due course, as will Mr. Guerin, SC. There will be a debate this evening in the other House during which further information may come to light. If we held our whisht a while that might serve well.

It is welcome that the special liquidators of the Irish Bank Resolution Corporation have managed to dispose of €19.8 billion of the loan book out of a total of €21.7 billion. That is good news for the taxpayer because it means the National Asset Management Agency will take on very little and I hope it will be successful, too.

I thank Senator Terry Leyden for his compliments on my work on RTE. He is right, I do find a great spirit among people around the country. Sometimes it is above and away from politics because that is how it survives. Sometimes we speak in jam jars around here. I wonder would he have been so effusive had it not been in his own area of Castlerea in County Roscommon. Had it been in north Mayo he might not have been as complimentary.

I have complimented the Senator before.

The Senator has already contributed to the Order of Business.

I thank Senator Terry Leyden. That is where the compliments end.

I thought it very sad to be sitting in my room listening to Fianna Fáil Members trying to take on, and get rid of, the most reforming and excellent Minister for the wrong reasons. It is one thing to try to take somebody out but another to do it for the wrong reasons. It was equally pathetic to listen to Sinn Féin this morning blame the Minister for Justice and Equality, Deputy Alan Shatter, for the resignation of Ms Angela Kerins and Mr. Frank Flannery. He had absolutely nothing to do with their resignations. I take on board their compliments to the ex-Commissioner-----

The Senator is misconstruing the comments.

They are correct. He was an excellent Commissioner and he decided to retire for family reasons. Either he did that or he did not, but we are sitting around here in Parliament effectively calling him a liar by saying there was some other reason. That is the reason he gave us and the people and that is the reason we are to accept.

The Government wanted his head - that is why.

The Senator should stick to the radio programme.

Does the Senator have a question for the Leader?

We are all forgetting that An Garda Síochána did this to itself. Some of its members did this to themselves. I have had the pleasure of meeting the greatest gardaí all over the country.

Will the Senator, please, finish on this issue?

The Minister did not do this to them. Some of them did this to themselves and to the State. Targeting the Minister for the wrong reasons is puerile and infantile and extremely weak on the part of the Fianna Fáil Senators. They should come up with a better reason, find the right target and get out their bows and arrows. Lear on the heath will not do it. Perhaps they should start blaming the Minister for climate change. Why not try that during the week?

That was the previous Government. We all know that. Who will the Senator nominate today?

I told the Cathaoirleach that Lear on the heath would not do it.

Well done. The Senator will get a second term out of that.

I am delighted this morning to announce more good news in the food industry. The Killybegs Fishermen’s Organisation and a Norwegian company have come together to build one of the largest food processing plants in the world. It will produce ingredients for human consumption. This plant will be in operation by 1 January 2017 and will create many jobs in the Killybegs area, producing approximately 88,000 tonnes of ingredients for the food market.

The news announced this morning is very good and I am delighted to hear it.

I highlight what Mr. Tom O'Malley of the National University of Ireland, Galway, calls the "quiet revolution" in sentencing practice in the courts that has occurred recently. In three cases in which judgment was delivered on 18 March the Court of Criminal Appeal, for the first time, effectively introduced sentencing guidelines. This is something for which many legal academics and practitioners have been calling for some time. The three offences concerned involved the repeated sexual abuse of children, the infliction of serious harm and the illegal possession of firearms and ammunition. The latter cases have wide-ranging significance and the Court of the Criminal Appeal, for the first time, stated superior courts had an important role in providing sentencing guidelines, including the provision of benchmarks for judges in sentencing. The court reviewed previous decisions and indicated relevant factors that should determine sentences before indicating that, for certain firearms offences, those at the lower end of the scale should attract a sentence of between five and seven years, that those in the middle range should attract a sentence of between seven and ten years and that those at the top of the scale should attract a sentence of between ten and 14 years. In the case of offences causing serious harm, an offence that can attract a life sentence, the court decided that offences at the lower end of the scale should attract a sentence of two to four years, that those in the middle range should attract a sentence of four to seven and a half years and that those at the top of the scale should attract a sentence of seven and half to 12 years. It also accepted that some offences might justify the imposition of a life sentence. Of major significance is the decision in the Director of Public Prosecutions v. Z, in which the court decided that there was no reason the Director of Public Prosecutions could not inform sentencing in court on the severity of the incident as compared to previous cases. I highlight this issue as the Seanad should welcome this new practice which brings greater clarity and consistency for victims and families.

Senator Marc MacSharry was present when I stated yesterday that the Government had set up a commission of inquiry. It is grossly irresponsible of Fianna Fáil to suggest we do anything that might impinge in any way on such an inquiry. It is regrettable that the Senator's party continues to play politics with this very serious matter. I suggest the public wants all of us to get on with the job and business of repairing the economy and creating jobs for the people. I note Senator Ivana Bacik's points about the same issue and her welcoming of the commemoration of the centenary of the foundation of Cumann na mBan which takes place in Glasnevin today.

Senator Ned O'Sullivan spoke about the climate Bill, the heads of which were published last year and discussed by the environment committee. Revised heads are being drafted for the Government and the Minister hopes to have the Bill published before July. I note the Senator's points about the ex gratia payments to town councillors. I will bring the matter to the attention of the Minister in order that he can clarify the position for the councillors involved who have undoubtedly given excellent service to the communities they have represented during the years.

Senator Martin Conway called for a new corporate governance structure for the boards of companies in the charities sector. I am sure we will have an opportunity to debate the issue in the coming months.

I reject Senator David Cullinane's comments on the Minister for Justice and Equality, Deputy Alan Shatter, who, as has been stated, is one of the most reforming Ministers for justice we have had in many years.

Senators Aideen Hayden and Michael Mullins spoke about the shortage of housing, particularly in the Dublin area. The Government has taken steps to stimulate the construction sector, but I will ask the Minister of State, Deputy Jan O'Sullivan, to provide a commentary on this important area.

Senator Brian Ó Domhnaill commented on the paediatric diabetes service, in County Donegal in particular. I suggest he table a motion for discussion on the Adjournment so as to obtain the required information.

Senators Colm Burke and Marc MacSharry referred to the White Paper on universal health care and, in particular, the need for forward planning. I hope we can debate the White Paper in the House.

Senator Sean D. Barrett called for a debate on policing, particularly in the light of recent reports and also the fact that recruitment to the Garda had recommenced. I will ask the Minister for Justice and Equality to come to the House to debate the issue.

In addition to the housing shortage, Senator Michael Mullins referred to the Criminal Assets Bureau and asked whether there was a need to update the legislation at this time. It is a valid point. I also note his comments on Aer Lingus operating seven new direct flights to San Francisco.

Senator Terry Brennan welcomed the increase in the number of Ryanair routes. It is hoped they will yield an extra 1.4 million tourists to the country in the coming year.

Senator Trevor Ó Clochartaigh referred to the Stratéis 20 Bliain don Ghaeilge. He is correct in suggesting the debate on it was adjourned. It will be resumed next Wednesday. I also agree with the Senator in his argument that environmental designation policies have an effect on rural communities, particularly the policy on seaweed. The issue should be the subject of a debate in the coming months.

Senator Terry Leyden advised people to be very careful in giving personal information by e-mail. He complimented the work of the former Garda Commissioner, Mr. Martin Callinan, who gave 41 years of good service to the State which should not go unnoticed. We referred to this matter previously.

Senator Paul Coghlan welcomed the appointment of Mr. Justice Nial Fennelly to the commission of investigation. He also referred to the sale of the loan book of the Irish Bank Resolution Corporation by the liquidators.

Senator Michael Comiskey welcomed the jobs announcement in Killybegs. Much-needed employment will be provided in the area.

Senator Hildegarde Naughton spoke about the Court of Criminal Appeal laying down sentencing guidelines. In this House we have asked for a review of sentencing guidelines on many occasions. The sentencing guidelines cover three areas. I hope we will have further guidelines for judges in dealing with serious offences.

Senator Marc MacSharry has proposed an amendment to the Order of Business, "That, in accordance with Standing Order 56, the Attorney General be invited to attend the Seanad today to discuss the taping of telephone conversations in Garda stations." Is the amendment being pressed?

I am afraid it must be.

Amendment put:
The Seanad divided: Tá, 14; Níl, 23.

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Cullinane, David.
  • Heffernan, James.
  • Leyden, Terry.
  • MacSharry, Marc.
  • Ó Clochartaigh, Trevor.
  • Ó Domhnaill, Brian.
  • O'Donovan, Denis.
  • O'Sullivan, Ned.
  • Power, Averil.
  • Reilly, Kathryn.
  • White, Mary M.
  • Wilson, Diarmuid.

Níl

  • Bacik, Ivana.
  • Brennan, Terry.
  • Burke, Colm.
  • Clune, Deirdre.
  • Coghlan, Eamonn.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Conway, Martin.
  • Cummins, Maurice.
  • D'Arcy, Jim.
  • D'Arcy, Michael.
  • Gilroy, John.
  • Hayden, Aideen.
  • Landy, Denis.
  • Mac Conghail, Fiach.
  • Mullins, Michael.
  • Naughton, Hildegarde.
  • Noone, Catherine.
  • O'Donnell, Marie-Louise.
  • O'Keeffe, Susan.
  • O'Neill, Pat.
  • Sheahan, Tom.
  • Zappone, Katherine.
Tellers: Tá, Senators Ned O'Sullivan and Diarmuid Wilson; Níl, Senators Paul Coghlan and Aideen Hayden.
Amendment declared lost.
Question, "That the Order of Business be agreed to," put and declared carried.
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