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Seanad Éireann debate -
Tuesday, 13 May 2014

Order of Business (Resumed)

I thank the Cathaoirleach for allowing me to jump the order of rank. I welcome the gentlemen from Men's Shed in Monaghan who are in the Visitors Gallery. They are in the House as my guests. Men's Shed is an extraordinary organisation, which deals with men's learning, health, information, well-being, belonging, skills, development, engagement, talk and reflection. I visited the Men's Shed in St. Davnet's, Monaghan, and had a wonderful day. The skills of the men sitting in the Visitors Gallery are extraordinary. Some have worked all over the world while others have worked with their hands all their lives. Some have travelled abroad while others have worked in Ireland and raised families. It is wonderful to have them in the House today because they are exactly what the Seanad is about. They are exactly who we should represent and demonstrate how we should represent the people. I thank them very much for being present.

I welcome Senator Ivana Bacik's response to the Guerin report. It is interesting that the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, is coming here this afternoon. At a very early stage, he called Sergeant McCabe and Garda Wilson "distinguished" rather than the other "D" word. I believe the Minister was right. The whistleblowers are completely vindicated by the Guerin report.

I want to express concerns about some of the findings in the energy Green Paper published yesterday. We see on page 4 of the summary that energy prices in Ireland rose since 2007 by 29% compared to the OECD-Europe average of 20%, so we are rising 50% faster. We see later in the report that one of the fastest rises in prices found anywhere was for industrial electricity in Ireland, which rose by 80% since 2007. We need to urgently debate the issues. I am not satisfied the energy Green Paper is half radical enough to deal with the institutions and the policies which have led us to the sorry state I have described in regard to energy costs escalating out of control. There is a complacency there which has to be shaken.

I note that 5,000 home and business owners in the centre of Dublin are being sent letters by Irish Rail about the underground DART project. There is almost a Guerin echo in that. The underground DART project has not been sanctioned by the Cabinet or the Parliament yet Irish Rail is writing letters to people saying it would like to acquire their properties in order to implement a €2 billion project. I believe Parliament has to assert itself against people sending those kinds of letters. I gather the intention with the project is to permanently acquire the north-west corner of St. Stephen's Green and to acquire a significant amount below ground level along King Street South, St. Stephen's Green North and down as far as George's Street, as well as underneath the Guinness brewery.

If one wants to go by rail from Heuston Station to Connolly Station, the Minister is joining the two Luas lines and, in any case, it is possible to do it on the existing Luas line. There is also a railway line that goes through Cabra and under the Phoenix Park, which means that if the tunnel engineers in CIE like tunnels, there is one already there, so they can satisfy themselves. However, to be sending the public letters about a project which has not been sanctioned either by the Cabinet or by the Parliament seems to call for a response from the Minister.

I call on the Leader for a debate on the rental assistance scheme operated by the local authorities. While it is a good scheme, it is not the panacea we all thought it was going to be because it has its flaws. A lady in my area worked for years in a service industry and was never unemployed but for the last couple of years. She has a 16 year old son who is being bullied at school and who will be going to college in a year or a year and a half. She really needs work and we know there is absolutely no work in rural towns in the west of Ireland. The only work that can be had is in the larger urban centres, such as Cork, Galway, Dublin, Athlone and so on. The problem this lady has is that by virtue of being on a rental assistance scheme, there is no flexibility. If she wishes to go the Galway to get work to fund her child in college next year, there is no transfer policy, so she is caught and she has to stay where she is. If she decides to give up her house with the local authority and go to Galway to find accommodation in order to find work, she will be refused rent allowance.

This would seem more suitable as an Adjournment issue.

I am almost finished. The only option that is open to her, as has been advised to her by the local authority, is to present as homeless in Galway as she would be put into a homeless shelter. That is not appropriate for a mother and her 16 year old son, who is in school. She is effectively caught in an unemployment trap that she cannot get out of. This is why I am calling for a debate. We need to flesh out ways of resolving problems where people are genuinely seeking work and, by virtue of our own Government schemes, it is not going to happen. It is important that we have such a debate with the Minister of State, Deputy Jan O'Sullivan, as soon as possible.

As Members are aware, the Minister for Education and Skills yesterday launched SOLAS's further education and training strategy, which covers the period up to 2019. The chairman of SOLAS, Mr. Pat Delaney, has claimed that the aim of the strategy is to turn further education into a fourth pillar of the education system alongside primary, secondary and higher level education. Having worked in the further education sector in Tallaght for the last 25 years, I heartily welcome this noble goal. The sector requires this kind of strategic attention and support, particularly in the light of the FÁS scandal. Today's edition of The Irish Times contains a report on An Cosán, the community organisation I co-founded with Dr. Ann Louise Gilligan as a key player in the further education sector. Our latest innovation aims to make community learning which is intrinsically a local activity available nationwide through a virtual learning programme. The article does not mention that we are doing all of this while suffering from significant cuts in further education budgets. I ask the Leader to schedule a debate with the Minister for Education and Skills on the new further education strategy and pay particular attention to resources directed towards community education. We are not afraid of the outcomes-based funding model promised in the strategy because we have followed such a path for a long time.

My second question centres on the administration of justice. I heartily welcome the appointment of Deputy Frances Fitzgerald as Minister of Justice and Equality. She is responding with speed to the public crisis of confidence in the policing service and the lack of transparent, accountable and genuinely independent oversight and management. As one of the Seanad members of the Joint Committee on Justice, Defence and Equality, I look forward to the meetings referred to by Senator Ivana Bacik. One of the biggest issues concerns the relationship between the Department and the Garda, in which GSOC appears to be a casualty. The attitude of the Department and the Garda to independent oversight is another significant issue. Given that clear information on what is needed has been available for years, why has GSOC not been strengthened? No proposals for legislative reform have been brought to the Oireachtas. It is unclear whether this is due to departmental or ministerial intransigence. Can we have a debate with the Minister or the Taoiseach on the design of a new independent Garda authority? One of my prime concerns is that such an authority should be established as a matter of urgency in order that it would be in a position to appoint the new Garda Commissioner. This is a prime requirement for genuine independence.

I will conclude by referring to another justice matter. I draw the attention of Members to a Bill I have published today - No. 17 on Order Paper - which seeks to eliminate discrimination against people with disabilities in Irish sexual offences legislation. I ask the Leader to provide for a Second Stage debate on this legislation in the near future.

I would like to inform the Seanad-----

On a point of order, this is the sixth Member from the Government side to be called. Just two Senators from the Opposition side have spoken. If that is in line with the procedure laid down by the Seanad Committee on Procedure and Privileges, I suggest it needs to be looked at seriously. This has never before happened in my time in the House.

The Senator is wrong, as usual.

Senator Katherine Zappone is not a Government Senator.

I let in Senator Marie-Louise O'Donnell. I was about to call Senator Jim Walsh, but I saw that he was in discussion with Senator Sean D. Barrett. I then changed to Senator Hildegarde Naughton.

Six speakers from the other side have been called.

If the Senator wants to go ahead of me, I will be happy to facilitate him.

I have called the Senator.

I would like to inform the Seanad of a significant development in the criminal justice area that has received very little attention. Late last week the Department of Justice and Equality informed the Law Society of Ireland that the Director of Public Prosecutions had issued a direction to An Garda Síochána to the effect that a suspect in Garda custody who made a request for his or her solicitor to be present during Garda questioning should - for the first time - have such a request facilitated. This welcome development is long overdue. It will protect the integrity of the criminal justice system and should lead to a decrease in the number of challenges to statements of admission given by people while being questioned in Garda custody. It may lead to the complete eradication of such challenges. However, a number of issues arise in this context. It is to be presumed that the decision of the Director for Public Prosecutions is a natural follow-up to the decision of the Supreme Court in the case of DPP v. Gormley, as given earlier this year. The Supreme Court's decision provides that a person who requestes the presence of his or her solicitor must be able to receive that solicitor's advice before questioning commences. It should be noted in that regard that the provisions of the Criminal Justice Act 2011 which provide for the decision in the Gormley case have not been initiated. At least in that case the Oireachtas has debated the matter. This direction of the Director for Public Prosecutions obviously goes much further, which is logical in the light of the Supreme Court's comments in the Gormley case. The judgment in that case expressly did not enter into the issue of a solicitor being present during interviews as it did not arise from the facts of the case. The comments of Mr. Justice Clarke, in particular, on the Gormley case seem most relevant to the new DPP directive. There also appears to be an evident line from some recent cases in the European Court of Human Rights.

My concern is not that this has come to pass - I welcome it - but rather that the Oireachtas has been bypassed in what is a fundamental shift in the rights of persons in custody. This direction does not flow directly from a decision of the Supreme Court. It is a decision made at the discretion of the Director for Public Prosecutions. In that way it has no force in law and I can only guess indicates that the Director for Public Prosecutions will not accept prosecution files on those cases in which the direction was not followed. If that is the case, we are left with a punitive situation where the Garda affords people their current legal rights during questioning, possibly about very serious crimes, but the Director for Public Prosecutions might not prosecute as the Garda refused to move beyond what was legally required. I ask the Leader to arrange for the House to be informed of what exactly has happened and the views of the Minister for Justice and Equality on the matter. I find it unusual that such a far-reaching overhaul of the system of justice is arrived at by the Director for Public Prosecutions without either a decision of the Supreme Court or debate in the Oireachtas.

I inform Senator Jim Walsh that only three Members on the Government side have spoken so far.

No. The Government's Independent Members have also spoken

They are not the Government side of the House.

For the information of the Senator, there is a rota.

The fact that the Senators are included in the rota does not mean that they are Government Members.

There is a rota and they are included in it, but they are not on the Government side of the House.

I propose an amendment to the Order of Business, on behalf of Senator Sean D. Barrett, that First Stage of his Bill, the Seanad Electoral (Panel Members) (Amendment) Bill, be taken today.

The Senator cannot propose that Senator Sean D. Barrett's Bill be taken.

Can I propose that First Stage of the Seanad Electoral (Panel Members) (Amendment) Bill 2014 be taken today? I also second the amendment proposed by Senator Marc Mac Sharry.

I welcome the statements, however belated, from Members on the Government side on the Guerin report and, in particular, the integrity of the whistleblowers. So much damage has been done to the process of whistleblowing by the arrogant condemnation and denigration of the courageous people involved in the past 12 months that it has undone a lot of their good work. I support the call for a debate on the Guerin report which clearly illustrates a serious level of dysfunctionality within the Department of Justice and Equality and, unfortunately, the management of the Garda Síochána. Of course, we would be fooling ourselves if we thought it stopped there because many Departments could be subject to the same criticism. I refer, in particular, to the Department of Health. I was appalled to hear the Taoiseach say at the weekend that he had only reached the realisation that so many elderly people who had spent their lives working for the country had been affected by the withdrawal of their medical cards. The fact that the a huge proportion of discretionary medical cards have been withdrawn has left them in an horrendous position. Anybody doing work in this or the Lower House could have told the Taoiseach this. I know - I am sure my office is no different from any other - that the matter has been a major bone of contention for the past 12 months and longer and the problem needs to be corrected. On the campaign trail it has been sad to see people in the autumn of their lives afraid of suffering bad health. The medical card was a source of comfort for them, even if they did not have to use it. A number of them have said to me that they have had to cut back on their medication and their pharmacists have confirmed that this is happening. They have noticed that people have cut back on their medication simply because they cannot afford it. The Government has done so much damage to the health services that it will not be undone for a decade or more. Not only has it withdrawn medical cards, it has attached excessive hospital costs to private health insurers which has led to a massive increase in health insurance premiums. As a consequence, there has been a haemorrhage from the health insurance industry. Therefore, we should invite the Minister to come to the House to have a serious debate on the matter. Last night when I was out canvassing, I encountered a couple of people who were seriously considering emigrating because their feared being in bad health and not being able to afford what was required. This is a crisis and I ask that the matter be addressed.

The Senator cannot propose the amendment on behalf of Senator Sean D. Barrett. In order to be helpful to the House and notwithstanding anything in Standing Orders, I will allow Senator Sean D. Barrett to move the amendment even though he has already spoken.

I thank the Cathaoirleach for his consideration. I propose an amendment to the Order of Business, that No. 14, Seanad Electoral (Panel Members) (Amendment) Bill 2014 – First Stage, be taken.

Does Senator Jim Walsh wish to second the amendment?

I am happy to second it.

The Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan, recently announced under the 2014 local and regional museums scheme that the County Museum, Dundalk, County Louth, would receive funding of €5,000, the Old Drogheda Society would receive €4,600 and the Highlanes Gallery in Drogheda would receive €2,600. The scheme is designed to support small and medium-sized museums across the country. Projects funded under the scheme should seek to enhance the cultural offering of museums, to encourage greater access to museums and to promote the use of museums as tourism resources in the locality or region.

I acknowledge the second greatest cycle racing event, the Giro d'Italia, which took place at the weekend. It was a tremendous sporting success and a wonderful spectacle as they sped through the streets of south Armagh and Dundalk at speeds in excess of 40 kilometres per hour. It was spectacular, and it is fitting that I acknowledge the part played by the local town council, the local Garda, the Red Cross, Cuchulainn Cycling Club and the many volunteers who made this a worldwide spectacle. It was viewed by millions of people across the world and hopefully the land of legends - County Louth and south Armagh - will gain in tourism figures in the years to come. Well done to all. It shows what working together as a community can do for one's town, county and region.

I refer to the privatisation of bus routes across the State. I have raised the issue a number of times on the Adjournment in past months but have not received a satisfactory response from a Minister. The National Transport Authority is planning to privatise, or put out to tender as the Minister puts it, 10% of bus routes across the State. The routes will be sold to private operators who look to provide the service on the basis of profit rather than on the basis of providing a core service for rural areas. The CIE group of companies employs 10,000 people and many of the workers will look with alarm at what is happening to these bus routes. It is a slippery road to privatisation, and that concerns all workers.

Why, despite the fact that 10% of bus routes are being selected across the State for privatisation, have 100% of bus routes in my home city of Waterford been selected? Is Waterford city being used as a guinea pig in the Minister's privatisation experiment? The Minister has not outlined a credible reason Waterford city has been selected in this manner. It is clear to me and to the people who work in Bus Éireann, who provide the services, that this is what is happening. It would be a shame if the Minister allowed private operators to cherry-pick the more lucrative routes in Bus Éireann and sell them to people who want to provide a service on the basis of profit.

The State would end up having to provide the less lucrative routes at a greater cost to taxpayers. Much more thought must go into this issue. I am opposed to the privatisation of bus routes. The Leader will be aware that public meetings are taking place in Waterford this week. Those who work in these areas are appealing to all Oireachtas Members and local councillors to oppose these plans and support the retention of public services, which is in the interests of the people and of those who use the services and those who work in the companies. I ask the Leader to arrange for a debate on the issue before it is too late, before the Minister proceeds with his plans and before Waterford city loses some of its bus routes to privatisation.

As usual, Senator Marc MacSharry is needlessly trying to heighten matters. I do not know whether it was a phantom or semi-secret piece of paper he had, but it is certainly not an official document or an adopted report.

I bet it cost the HSE a few pounds.

I suggest the Senator exercise more caution and less speed in bringing forward items, the workings of his fertile mind.

The Senator approved-----

I concur with Senator Ivana Bacik's comments on the Guerin report. I too would welcome a debate on the matter. I am fearful, given that we have had so many Donegals in other parts of the country. It is sad that proper lessons were not learned from the Morris tribunal report of 2005. There is no doubt whatsoever, and it is clear from the report in regard to whistleblowers, that Sergeant McCabe is a very fine public servant. I am delighted that he has been restored to his proper position within the force and given access to the PULSE system. We should not say any more, but we welcome the report. At this moment, I understand a press conference is in progress at which the Taoiseach and Minister for Justice and Equality are speaking. I look forward to the Leader's arranging a debate in early course.

I do not apologise for standing up to speak about medical cards because I do not think enough of us can discuss it. Today, Tuesday, nothing has changed. I welcome the Sinn Féin motion tabled in the Dáil this evening on discretionary medical cards. I welcome the news that the Joint Committee on Health will visit the medical card centre on Thursday next. Following these two events, may we please have a statement or an action plan from the Minister for Health, Deputy James Reilly, or the Minister of State, Deputy Alex White, or both, with some solutions for these poor unfortunate children? I empathise with those of all age groups who have had their medical cards taken from them. State demands to involve the finances of parents or guardians should cease forthwith, as recommended by the United Nations report on children. We had news today of a little girl of seven years of age with leukaemia whose parents are trying to have her medical card restored, but the HSE official wanted to speak to the child to verify her details. What are we coming to? Last Thursday night I mentioned a little boy of nine years of age who has been gravely ill and disabled since birth. Both his parents manage to care for him full-time but they also work. Their medical card has been removed. The child needs to be tube-fed and suctioned and has epileptic fits. I ask Ministers to cease discussing free universal health care and free health care for those under six. Let us first look after the people who are desperate in society and in all our communities. All Members are hearing from the people. We must help these people and we must come up with solutions. I ask the Leader to invite the Minister for Health to come to the House or make a statement, because we simply cannot continue in this vein.

I was going to speak about medical cards also.

Since I was elected to the Seanad the most controversial issue - it keeps coming up time and again - is medical cards. While I appreciate that almost half the population of Ireland have medical cards there are still many people who have had their discretionary cards removed and I, for one, do not agree with that.

I read in the newspaper the other day that a parent got a letter asking whether her child with Down's syndrome still had Down's syndrome. The person who wrote that letter should be sacked from her job because she knows nothing about health issues if she thinks that Down's syndrome will go away or that it is not a lifelong illness.

(Interruptions).

There needs to be accountability.

The Minister can address that issue.

Senator Marie Moloney to continue, without interruption.

Sorry, I have just been interrupted. I am asking for the Minister to come here and for a long debate in the House. It is a long time since we had a debate on medical cards. I call on the Minister for Health to come to the House. Like Senator Mary Ann O'Brien said, we need an action plan to address discretionary medical cards. We are always being told that it is not linked to health issues, complications or illnesses. That is crazy stuff; of course it is. That is why people want the medical card and it is time that we woke up and saw it.

This morning I was delighted to be able to welcome funding for a sewerage scheme in my parish and for water services and a waste treatment plant. We are delighted to be able to welcome these developments but perhaps sometimes we should weigh up which is more important to the people. Is it a sewerage scheme, a road, roadworks, a bypass or looking after our sick children? That is for us to decide.

It is my pleasure, formally and on behalf of myself and my colleagues, to welcome the appointment of the Minister, Deputy Frances Fitzgerald, to the position of Minister for Justice and Equality. Many Members will remember that some weeks ago I commented on the effort she put into getting the Russian baby for Ms Lisa Fennessy against all the odds. I said that having achieved that not only would her name be carved in stone but she would be a potential future leader of Fine Gael. I am confident that she will do an outstanding job in the Department of Justice and Equality. I have known her for many years. She really cut her teeth in this House as Leader of the Opposition and I know she will deliver the goods.

On another note, it is my pleasure to congratulate the office manager of the Leader, Senator Maurice Cummins, Ms Orla Murray on her engagement to Senator John Crown.

That is a personal issue. We do not discuss such issues in the Chamber.

I would like not to be interrupted on the matter, please.

It is a personal issue.

I am formally offering congratulations. I read in the newspaper at the weekend-----

It is a personal issue.

-----that Senator John Crown and Ms Orla Murray-----

This is Parliament.

I would like to say something about Ms Orla Murray. During my intense sickness over the last year-----

The Senator is completely out of order.

Every time I met her she had compassion for me in my illness.

I wish to raise a serious matter. When I am out canvassing for Fianna Fáil morning, noon and night I am continuously shocked at this coalition Government's cuts to discretionary medical cards. According to recent figures released to the Fianna Fáil spokesperson on health in the Dáil, Deputy Billy Kelleher, the number of people with a discretionary medical card has fallen to below 50,000. All applicants for discretionary medical cards deserve to be treated with due respect and compassion. It is not only a matter of their income which should be taken into account but the sudden onslaught of a serious illness for them or their families. A person diagnosed with a serious illness or disability has enough to worry about without being tortured by travel and hospital expenses. There is a contradiction in the Government giving universal free GP care to children under six years. The way this Government has treated older people in our society is beyond belief. They are the people who need most medical care. When each of us get older we need more prescriptions but the Minister for Health, Deputy James Reilly, has increased the prescription charge five times. He said he would get rid of the 50 cent charge initially but, on the contrary, he has increased it five times. As I said in the House two weeks ago-----

The Senator is way over time.

Please bear with me. It is important to say this in the House. The people on the Government side have jumped on the bandwagon by saying that their Government is cutting medical cards.

For the past three years, my colleague Senator Marc MacSharry has on numerous occasions raised the plight of those affected by the reduction in medical card provision.

As have Members on the Government side.

I realise that the Leader will not accept the amendment to the Order of Business, but I ask that the Minister for Health come to the House at some stage to nail once and for all the scaremongering indulged in by Senator Marc MacSharry this morning. Together with two Independent Deputies representing Galway and Roscommon, he seems to thrive on peddling half-truths and inaccuracies and frightening people. I would have expected Senator MacSharry to get his facts right before coming into the House.

I will give the Senator a copy of the report. I am only reading out what the Government has written.

Senator Michael Mullins to continue without interruption. I have a long list of Members wishing to speak.

He stated on the record of the House that I was on local radio yesterday-----

It might have been today.

-----clarifying the situation in regard to Portiuncula Hospital. I was on the radio neither yesterday nor today, because I would not dignify with a response the type of scaremongering and nonsense that was being put out-----

The Senator should go on the radio tomorrow, after he has read the report.

Does Senator Michael Mullins have a question for the Leader?

Yes, I do, but I wish first to note that I was particularly pleased with the response I received to my queries yesterday from the CEO of the west and north west group of hospitals.

Did he say nothing would happen before the elections?

He said the situation would be absolutely clear.

We will have to wait until after the elections for that.

Senator Michael Mullins should be allowed to speak without interruption.

I would appreciate the same respect from Senator Marc MacSharry that I gave him.

(Interruptions).

Senators, please. Will Senator Michael Mullins put a question to the Leader?

Mr. Bill Maher made it absolutely clear to me that no service reconfiguration options had been recommended or approved by the board of the west and north west hospital group or by senior management. Feasibility studies have not even been carried out. Speculation at this early stage in the process is unhelpful and upsetting to patients and staff.

It will be upsetting to them to find out after the election what Fine Gael's attitude is to maternity services in the north west.

Please, Senator. The Senator has spoken on this issue at length.

People have to be told.

On a point of order-----

Last Friday a meeting took place in my local hospital-----

Senator Mary Moran is raising a point of order.

Surely the Senator should be allowed to divulge what he knows. This is not a crèche, and some of us worked very hard to ensure the Seanad was retained.

That is rich coming from that side of the House. The Government tried to throw out the Seanad as a political gimmick. Now it will not tell the people that it is going to close maternity services, because there is an election next week.

I am pleased to tell the House today that different models, including midwife-led units co-located with existing----

This poor man has been told by his colleagues, "Don't worry. Portiuncula is sound." In fact, the report shows that Portiuncula is finished for maternity services.

The Senator is going to be the cause of some of his colleagues not getting to speak on the Order of Business. We are running out of time.

I am sure they will gladly allow me to speak on an issue such as this. The people have to be told the truth about maternity services in the north west. My colleagues can speak tomorrow.

I ask the Senator to have respect for the Chair and the House.

I make no apologies for putting on the record that mothers in the north west are being discriminated against reprehensively by the Government. It is being done in secret and cynically before the election next week.

Will the Senator, please, show respect for the House?

Will the Government have respect for people in the north west?

I call Senator Michael Mullins to conclude.

I am pleased to share with Senator Marc MacSharry the fact that Portiuncula Hospital will not only retain its obstetrician-led service but is also being considered for a midwife-led service. Two new obstetricians will be appointed there in the near future.

Not according to the Fine Gael report.

I have called Senator Fidelma Healy Eames.

It is important that the truth of this issue be put on the record of the House. I am located in Galway west and have received calls regarding the Portiuncula issue. There is a fear that the service might be lost. I have no doubt there is a report on it, but perhaps it is now an obsolete report.

It is obsolete since February.

I have asked the Senator to show respect for the House.

I am saying I do not know whether it is or not.

I am telling the Senator that it is.

We need to get to the truth.

Senator Marc MacSharry does not know the truth.

For that reason, the Minister, Deputy James Reilly, must be brought before the House to answer these important questions. Very soon Ballinasloe is going to be closed down entirely. Its industry and health services are gone-----

That is absolute rubbish.

The maternity services are gone.

(Interruptions).

Senator Fidelma Healy Eames to continue, without interruption.

I am on the side of Ballinasloe. Unless the truth is spoken in the very near future by the Minister with responsibility for the relevant portfolio, there will be no way for us to know where we are going.

With respect, the Senator is not the Minister.

I must express my dismay at the fact that the Guerin report is not included in the Order of Business to be dealt with either here or in the Dáil this week.

We are dealing with the Order of Business today.

I understand that, but I would like the Leader to indicate when the report will be dealt with in the Seanad which is not sitting next week. It vindicates the whistleblowers involved in the context of the considerable service they have done the State. I have been particularly struck by the public's reaction to the report and its core sense of justice in respect of the issue to which it relates. I was approached by one woman who asked me to put it to the House and the Leader that the President should award medals to the whistleblowers for their pursuit of truth and justice. I would like the Leader to convey that woman's request to the relevant persons.

I ask the Cathaoirleach to afford me some latitude, particularly as I have waited a long time to contribute.

The Senator has not waited any longer than anyone else. Does she have a question for the Leader?

As the Senator has put her question, I call Senator Colm Burke.

I take the opportunity to express my concern about a report in today's edition of the Irish Independent on easy mortgages for first-time buyers being shored up by the Government. I ask the Leader to ensure a debate takes place on the matter. We do not want further reckless lending. On the previous occasion the banks went bust, it cost us €64 billion.

I want to open up the debate on health care because it is important to state the position. There are 11 maternity units in the country.

I did not interrupt the Senator.

We are all big boys here.

The Senator should respect other Members.

(Interruptions).

There is nothing wrong with a little heckling. We are all professional politicians.

Is the Senator determined to continue to heckle everyone?

Yes, until the people are heard

There are 11 maternity units throughout the country, each of which employes three medical consultants, including an obstetrician and a gynaecologist. I have spoken to a medical practitioner who attended a conference recently at which it emerged that 20 medical consultants were employed at a unit in Denmark at which 3,000 babies were delivered each year. That is one consultant per 150 babies delivered.

There is no correlation between the number of deliveries-----

Senator MacSharry-----

It is not like cancer.

(Interruptions).

There is no correlation between the number of deliveries and the-----

(Interruptions).

In Ireland-----

-----there is one medical consultant to every 500 to 750 babies delivered.

Will the Senator indicate when it is intended to close the relevant unit? Perhaps he might inform Senator Michael Mullins of when it is expected that it will be closed.

That is the basic position. If the Senator wants to discuss reports-----

A report was delivered to the Government.

-----he should remember that his party's leader, when serving as Minister for Health and Children, commissioned 125 reports. I do not understand, therefore, why he is referring to one report-----

Our leader banned smoking in public areas.

-----when his party leader commissioned 125 reports and did nothing about any of them.

(Interruptions).

Does Senator Colm Burke have a question for the Leader?

I do have a question for him. Let us have a debate about health care. Under Fianna Fáil's jurisdiction-----

Is it to my jurisdiction to which the Senator is referring?

I wish to comment on the fact that someone referred to the cost of drugs.

Would that be in the Sligo-Leitrim area?

Under Fianna Fáil's jurisdiction, the cost of drugs to the taxpayer increased. It is the taxpayer that pays for drugs, not the Government.

Who paid for the report to which I refer? Was it the taxpayer or the Government or did the Senator pay for it?

(Interruptions).

Under Fianna Fáil's jurisdiction, the cost of drugs increased from €560 million per year to €2 billion.

The Senator's time is exhausted.

What is his question?

Let us debate the matter and examine Fianna Fáil's record while we are doing so. The leader of that party was responsible for commissioning 125 reports, but the recommendations made in them were not implemented.

The most recent general election was held in 2011. Fine Gael is now in government.

The Senator should not be concerned about one report.

I am concerned about what it states.

Let us talk about the reality.

It was the Senator who referred to the cost involved.

(Interruptions).

I call the Leader.

What is Senator Colm Burke's question?

This is ridiculous. We are out of time. I call the Leader to reply.

On a point of order, I do not think that is fair. Several of us requested time and were told we could speak. The despicable behaviour of some Members should not interfere with this. I do not agree with it.

We need control in the House.

On a point of order-----

There is no point of order. I have called the Leader to reply.

On a point of order, the Cathaoirleach called two Government Senators, but he should have called on a Labour Party Senator next. We were next in line.

Does the Senator not know that the Labour Party is the junior partner?

What is Senator Mary Moran's point of order.

If the Leader is agreeable, our side of the House will happily agree to an extension to allow all speakers to contribute.

That is not a point of order.

I understood the time limit was 90 minutes, but we have had only 60.

The Senator should resume his seat.

He is bullying some of us into silence. That is not democracy and not good enough.

As we have had 55 minutes, I call the Leader to reply.

Senator Marc MacSharry is a disgrace - a thundering disgrace.

I call the Leader, without interruption.

Senator Marc Mac Sharry is in exalted company.

Can we, please, hear the Leader, without interruption?

There must be an election in the offing, judging by the conduct of Senator Marc Mac Sharry. It is absolutely despicable that practically everybody on this side of the House who rose to speak has been shouted down. I could not hear what Members were saying, but I am expected to respond to them. This behaviour is appalling and reflects very badly on the House. People watching what is going on will be asking why they did not get rid of the Seanad. They would be right if this is the conduct-----

Does the Leader want to speak up for maternity services?

The Senator is at it again.

The Leader wants the people to be silent.

The Senator wants to be thrown out.

This is a report that tells the people that the HSE West north-west hospital----

The Senator should be thrown out.

The Leader is saying we are despicable for speaking up for the people on a report that the Government is trying to-----

(Interruptions).

Will Senator Marc Mac Sharry, please, resume his seat?

That is the Leader's problem. What is despicable is the conduct of the Government in not acknowledging the secret plan exposed in the report. The people require an answer to this question. I reject the Government's dismissal and its abuse of and discrimination against the people of the north-west region.

The Senator should resume his seat and show some respect to the House.

The Leader should show some respect to the facts being put before the House. The report requires respect because it has been produced for an agency under the aegis of the Government. The people are entitled to answers.

Will the Senator, please, resume his seat and show some respect to the House?

Some 125 reports - Fianna Fáil must be very proud of this.

We saved a lot of lives by banning smoking in public areas.

Can we, please, hear the Leader, without interruption?

I do not propose to accept the amendment proposed by Senator Marc Mac Sharry. Reports are just that. As Senator Colm Burke mentioned, Fianna Fáil should know a lot about reports from its time in government. When its current leader was Minister for Health, there were 125 reports. they are still gathering dust. Senator Marc MacSharry should know a lot about reports. It would be better to deal more with the facts when speaking in the House.

The Leader does not want to hear the facts.

The Leader to continue, without interruption.

He will not accept an amendment to the Order of Business, as happens in the case of every other debate sought. The previous Government was adjudicated on in 2011 when the people voted against it. Fine Gael is now in government and I ask that we talk about the facts outlined in the report.

Senator Ivana Bacik and several other Members referred to the Guerin report. I compliment Mr. Guerin on his report.

Will Senator Marc Mac Sharry, please, allow the Leader to respond?

He does not want to respond; he wants to give a lecture about what happened in the past. He should be instructed to respond.

I understand the Oireachtas Joint Committee on Justice, Defence and Equality has been requested to invite the Secretary General of the Department to appear before it and that he has acceded to that request. That meeting will not take place this week, but I believe it will take place in the near future. This is to be welcomed. It is important and correct that he be called before the committee.

I note Senator Ivana Bacik's points on workers' rights and the right to collective bargaining. I am sure we will have legislation to deal with that issue in the near future.

Senator Marie-Louise O'Donnell welcomed members of Monaghan Men's Shed. They certainly have an able advocate in the Senator.

I will accept Senator Sean D. Barrett's amendment to the Order of Business, namely, that the Seanad Electoral (Panel Members) (Amendment) Bill 2014 be taken before No. 1. I understand it will be discussed tomorrow. I note the Senator's points about the Green Paper on energy policy which was published yesterday, particularly those about the cost of industrial electricity having increased by over 80% since 2007. As it is imperative that the country remain competitive, this is one area that will have to be examined. Perhaps we might have a debate on the Green Paper in the next month.

Senator John Kelly referred to the rental accommodation scheme and the perceived anomaly in the system. As the Cathaoirleach mentioned, perhaps the Senator might obtain all of the information he desires if he were to raise the matter on the Adjournment.

I note the points of Senator Katherine Zappone about community education, GSOC and the need to improve the requirements of the latter in examining An Garda Síochána. I am sure we will be discussing GSOC in the House in the very near future.

Senator Hilegarde Naughton referred to the direction of the Director of Public Prosecutions regarding people in custody and their right to see a solicitor, if requested. This is a very valid point on which I will certainly seek clarification from the Minister for Justice and Equality.

Senator Jim Walsh referred to the Guerin report and also to medical cards. Quite a number of Members have made points about discretionary medical cards. We will certainly try to have the Minister for Health in the House to discuss the issue. As has been pointed out, the health committee is to visit the centre which dispenses medical cards and I am sure the committee's report will be forthcoming soon.

Senator Terry Brennan referred to payments and grants to regional museums from the regional museums fund. Obviously, the museums in County Louth have benefited, as I am sure have many others throughout the country. The Senator also referred to the Giro d'Italia. Certainly there will be many tourism benefits arising from it in the years ahead. It was a pity about the rain in that we were not able to show off the country in the best possible way.

Senator David Cullinane referred to tendering for bus routes. He stated he had raised the matter on the Adjournment previously. I am not so sure about his point that Waterford city has one of the most lucrative bus routes in the country. He should probably reconsider this. I can advise him that I have not been invited to any meeting in Waterford on the matter in the coming week.

Senator Paul Coghlan referred to the Guerin report and the lessons that had not been learned from the Morris report. I am sure we can discuss that matter when we are debating the issue.

Senators Mary Ann O'Brien, Marie Moloney and Mary White referred to medical cards. I have addressed this matter. Senator Mary White welcomed the appointment of the new Minister for Justice and Equality, Deputy Frances Fitzgerald, whom I am sure we all wish well in her post.

Senator Michael Mullins clarified the position on Portiuncula Hospital and the appointment of two additional obstetricians.

Senator Fidelma Healy Eames called for a debate on the Guerin report. She raised other points also.

Senator Colm Burke pointed to the cost of drugs and said it had been reduced significantly for the taxpayer by the Government since it had entered office.

I have dealt with all of the matters that I can. Obviously, there were some points which I could not pick up because of all the noise in the House.

Senators Trevor Ó Clochartaigh, Paschal Mooney, Brian Ó Domhnaill, Susan O'Keeffe, Mary Moran and Martin Conway will be called first tomorrow.

Senator Marc MacSharry has proposed an amendment to the Order of Business, "That a debate with the Minister for Health on the contents of the report which proposes the closure of maternity services in a number of hospitals be taken today." Is the amendment being pressed?

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

  • Barrett, Sean D.
  • Cullinane, David.
  • Healy Eames, Fidelma.
  • Heffernan, James.
  • Leyden, Terry.
  • MacSharry, Marc.
  • Mooney, Paschal.
  • Ó Domhnaill, Brian.
  • O'Sullivan, Ned.
  • Power, Averil.
  • Quinn, Feargal.
  • Reilly, Kathryn.
  • Walsh, Jim.
  • White, Mary M.

Níl

  • Bacik, Ivana.
  • Brennan, Terry.
  • Burke, Colm.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Conway, Martin.
  • Cummins, Maurice.
  • D'Arcy, Jim.
  • Keane, Cáit.
  • Kelly, John.
  • Landy, Denis.
  • Mac Conghail, Fiach.
  • Moloney, Marie.
  • Moran, Mary.
  • Mullins, Michael.
  • Naughton, Hildegarde.
  • Noone, Catherine.
  • O'Brien, Mary Ann.
  • O'Donnell, Marie-Louise.
  • O'Keeffe, Susan.
  • O'Neill, Pat.
  • van Turnhout, Jillian.
  • Zappone, Katherine.
Tellers: Tá, Senators Paschal Mooney and Ned O'Sullivan; Níl, Senators Ivana Bacik and Paul Coghlan.
Amendment declared lost.

Senator Sean D. Barrett has proposed an amendment to the Order of Business, "That No. 14 on the Order Paper be taken before No.1." The Leader of the House has indicated that he is prepared to accept the proposed amendment. Is the amendment agreed to? Agreed.

Order of Business, as amended, agreed to.
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