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Seanad Éireann debate -
Wednesday, 18 Oct 2023

An tOrd Gnó - Order of Business

The Order of Business is motion No. 127(7) regarding the situation in Israel and the occupied Palestinian territories, to be taken on conclusion of the Order of Business and to conclude after 35 minutes, if not previously concluded, with the debate confined to contributions from group spokespersons not exceeding five minutes in each case, time may be shared, and notwithstanding Standing Order 38, the proposer of the motion shall not reply to the debate; No 1, Screening of Third Country Transactions Bill 2022 - Second Stage, to be taken at 1 p.m. or on the conclusion of item 127(7), whichever is the later, and to conclude after 90 minutes if not previously concluded, with the time allocated to the opening remarks of the Minister not to exceed ten minutes, those of group spokespersons not to exceed eight minutes, all other Senators not to exceed five minutes, and the Minister to be given no less than ten minutes to reply to the debate; No. 2, Control of Exports Bill 2023 - Report and Final Stages, to be taken at 2.30 p.m. or on the conclusion of item 1, whichever is the later, and to adjourn at 5 p.m. if not previously concluded; and No. 127(8), motion regarding provision of free hormone replacement therapy, HRT, to be taken at 5 p.m., with the time allocated not to exceed two hours.

The boys and girls from Kill O' the Grange National School in Dublin are very welcome. I hope they have a good visit to Leinster House. As we are heading towards the Hallowe'en break, may I offer them homework off tonight to celebrate early? Thank you.

Give them tomorrow night's off as well.

I welcome our guests, who are waiting patiently here. It is lovely to see them. Best wishes also for our junior certificate students today. It is a big day for them because they are getting their results. We wish them well in all that is going to be in front of them over the next few years.

I refer to the announcement that was made very early yesterday morning - actually, during the night - in respect of section 39 workers. As we all know, those who are working in section 39 organisations - we have about 1,500 of them - do incredible work, particularly in the context of providing disability services and working with older people. For many years they have had massive inequality in terms of pay, while providing vital services to our society and community. They had been long looking for pay parity with their colleagues in the HSE and the restoration of pay. This is something I and my party have always supported. I thank the Minister of State, Deputy Rabbitte, and her colleagues for arriving at the 8% pay increase that was announced yesterday.

This month is breast cancer awareness month. I thank Senator Ardagh for organising all of us to meet with the Irish Cancer Society yesterday. There is a need to bring about awareness of this. Some 3,700 new cases of breast cancer are diagnosed annually, with about one in nine women affected in their lifetime and 30 men every year also. It is a time to remind all the women in our lives of the importance of screening and of checking ourselves regularly. I want to raise an issue regarding the treatment of survivors. Any woman who has undergone a mastectomy is entitled to a first fit of a mastectomy bra, a breast prosthesis and a special swimsuit, all free of charge. Medical card holders are entitled to further mastectomy bras, prostheses and swimsuits annually. However, to avail of this, every woman has to go to her GP and go through all that administrative burden. There has to be a better way of doing it. It is demeaning for women to have to do that for something they are entitled to. There should be something like a register of those who are entitled, and maybe a card they could present at the shop of their choice. It is worth considering.

Today is World Menopause Day. We will be taking a motion in this regard later. It is important to raise awareness about the menopause. We have seen a lot of really good improvements in menopause care under the Minister, Deputy Stephen Donnelly. I want to give a shout-out to Loretta Dignam of the Menopause Hub, which held awards last week for workplaces that are working on ensuring they are good, supportive places for women going through the menopause. We should have more of it.

We all wish the students well today in their exam results.

I commend Irish Rural Link. The Tánaiste, Deputy Micheál Martin, launched its annual report earlier in Buswells Hotel. Irish Rural Link does amazing work. I am not going to spend any time here setting out details of that work. We all know the critically important work it does in linking into communities, particularly isolated ones that need a bit of encouragement and networking.

The Tánaiste was also at the event earlier to launch the National Rural Network: Women in Agriculture Case Study. It is an amazing document. Those involved with producing it will be in Buswells Hotel until lunchtime. The document provides information on 14 women who have created very successful agricultural enterprises, including beetroot production, cheese production, wool, lavender enterprises, suckler herds, organics, eggs, lamb and beef. These are small, home-based enterprises. I acknowledge the important work of the Department of Agriculture, Food and the Marine and Dr. Maura Farrell from the University of Galway who wrote the report. It is a showcase of successful women entrepreneurs in agriculture across rural Ireland. I commend it to the House.

Today is also EU anti-trafficking day. This morning we had an all-party Oireachtas briefing from Sinéad Gibney, the chief commissioner of the Irish Human Rights and Equality Commission, and Noeline Blackwell on the submissions on the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023. What a tragedy that so many young girls, boys, women and men have been trafficked across Europe, and particularly in and out of this country for the purposes of prostitution and slave labour. The links between nail bars and illegal activities and enterprises are being used to fence and bring in drugs. When people are vulnerable there are a whole load of risks around that. I would like to commend Deputy Gary Gannon in particular for organising the briefing. We will have an opportunity to contribute to the Criminal Law (Sexual Offences and Human Trafficking) Bill in due course.

I thank the Green Party for bringing forward their Private Member's business on women's menstrual health and HRT. It is a really important issue. I fully support it. Unfortunately, I will not be here this evening to partake in the debate. I wish those in the Green Party well with the motion. I think they will have well-deserved support across the House.

For so long, the international community has facilitated the breach of international law, collective punishment and the confiscation of land. The EU has stood aside and watched as all of that happened in Palestine and under Netanyahu. The idea that fundamental geopolitical stances can be taken in Europe without any participation or accountability points, I am afraid to say, to something very rotten at the core of the European Union. The actions of the President of the European Commission, Ursula von der Leyen, and the President of the European Parliament, Roberta Metsola, were contrary to the core principles of the European Union, namely, contributing to peace and security, the protection of human rights, and strict observance to international law. Their actions will have done untold damage to the European Union, to our credibility and the potential for the EU to play a role in achieving peace.

I agree with President Higgins's comments and welcome his intervention, if I am allowed to say that here in this House. He said the response of von der Leyen was thoughtless and even reckless. I welcome his intervention. I am reminded of the lyrics of the anti-war song by Peggy Seeger, "How I Long for Peace":

The world can wait no longer

For political permission

Sit down, disrupt, do anything

To make the whole world listen

[...]

O how I long for peace.

The actions of President Metsola and President von der Leyen remind us of why Ireland should always try to ensure that unanimity is retained in Europe on foreign policy and security and defence policy and of the importance of the sovereignty that enables us to pursue our independent foreign policy.

I move that motion No. 127(7) not be taken today. That is the motion on Israel and the occupied Palestinian territories. Senator Flynn is going to second my amendment to the Order of Business. I do not wish to do this to be contrarian. The House should discuss this issue and the motion. However, the time slot allocated is too short and we have not had enough time to consider the amended motion since receiving it last night. I see that a supplementary motion has been added which refers to the hospital attacks yesterday. The Taoiseach and the Tánaiste have been very strong in standing out from some other EU leaders in the past week in reaffirming our commitment to international human rights law and that while Israel has the right to defend itself, it does not have the right to break that law. I think we can reach a resolution in both Houses where we speak with one very strong voice on this issue.

While I am, in the main, supportive of the Government motion which I believe is much more balanced compared to what was being sent around in the last week and earlier on this week, I believe that there are amendments which could be made to it with, in particular, a reference to the hospital attack yesterday. That is why I am proposing that the motion not be taken today.

Yesterday, we had healthcare workers from the private nursing homes across Ireland present at the Dáil and they have a very serious issue. There are approximately 1,000 of these people and I met some of them yesterday and I also met their leadership, one of whose officials is former Deputy Ruth Coppinger. I met them outside as a group, as a collective, together with some of their leadership executive. Their issue is very heartbreaking. Many qualified nurses from India and the Philippines, who have the normal qualifications and are now working as healthcare assistants here, are separated from their families. The average salary among this cohort is approximately €27,000, but there is a framework within the Department of Enterprise, Trade and Employment which stipulates that in order to bring over a spouse they must be earning €30,000. In order to bring over a child with the spouse - there is often more than one child in these countries and cultures - such a person must be earning €33,000. The bottom line, in any event, is that we have a chronic labour shortage in this country across all sectors. I am sure all Members have encountered this in their clinic work. I know that a number of hostelries remain closed all week because they cannot get workers. Many of the spouses of these people are nurses and there is a chronic need for them in the health service. The bottom line is that there should be no prohibition on bringing over these workers' legitimate family members, reuniting them here, and entering them into the workforce. They are, potentially, wonderful contributors to the workforce here.

These workers are separated from their children, which is very difficult for them. They are working in the health sector, which is stressful by its nature. Reading some of their submissions, as they know best how to put it, they state that they are essential workers, are mothers and parents and are compelled to keep a relationship with their children across different time zones via WhatsApp and Zoom. Many of them, as I have already said, are spouses. They are looking for more pay. Thankfully, the minimum wage has greatly increased which will overtake events, to some degree. Fundamentally, we need to lower the threshold. We need to increase their pay. They are entitled to the increased pay with the minimum wage and to better pay and conditions. That is a given. We also need to reduce these ridiculous thresholds. There is no question but that in 95% - I want to impress this point if I may to the Cathaoirleach and to the Leader - or 90% of cases, the people will be bringing over spouses and families who will contribute greatly to our economy as nurses and care assistants, etc. This is a bizarre kind of situation. I ask the Leader to look at this issue very carefully. On a humane level and on every level, including economic, it just makes no sense. In all of my time doing such work and meeting people, I have never met a case which is so poignant and so ridiculous. I appeal to the Leader to go to the relevant Departments with this issue. I can give her this document later as this is just bizarre.

I welcome the guests of Deputy Michael Collins who are in the Public Gallery. I thank them for being here and I hope that they have a very good visit to Leinster House. Céad mile fáilte rompu.

I second the amendment to the Order of Business proposed by Senator Moynihan. All of us across the House have been talking about our deep concerns and heartbreak at what has been happening in Israel and Gaza over the past ten days. Many of us in this House care so deeply about the issue. I believe that most of us share a deep commitment to human rights. It is, therefore, very unfortunate that the motion has been tabled in the way it has. Genuine work has been done by my colleagues, including Senators Black and Moynihan, to get cross-party support. At 6.24 p.m. yesterday, we received an email saying that the motion had been changed without any communication or without us being able to look at the motion. We agreed this time last week that we would have cross-party support, but the Government has tabled its own motion without any discussion with us after all of the hard work we put in to get cross-party support. I urge the Leader to consider our amendment to the Order of Business this morning.

I now call Senator Malcolm Byrne. These are two-minute slots in which one item is to be raised.

I wish to start by agreeing with the remarks of my colleague Senator O'Loughlin on progress being reached on the resolution of the section 39 issue. I thank the Minister of State, Deputy Rabbitte, for her work in that regard.

I am very conscious that the atrocities we are seeing emerging from the Middle East are overshadowing the continuing war which Russia is waging against Ukraine. This week we passed 600 days since Russia's unlawful invasion of Ukraine. Today, President Putin is meeting with Xi Jinping. Alliances are being formed between Russia and China with regard to their geopolitical perspective on the world. For those of us who live in democracies and are opposed to authoritarian regimes, this has to be a cause for concern. The European Union must continue to speak out about the values of human rights in this continent and, indeed, beyond. It is welcome in the context of the Polish election that a new government is in place. It is good that all the main political parties in Poland, both government and opposition, continue to show their support for Ukraine. Now, 600 days into this war, with Russia still carrying out attacks on civilians, it is as important as ever that Ireland and the European Union reaffirm our support for the Ukrainian people and for President Zelenskyy and his government.

The past few days have been somewhat traumatic in my part of the world. We have seen nearly 50 mm of rainfall. The storm which has hit the south-west coast is absolutely frightening. Looking at social media this morning, it strikes me that the floods in some parts of Cork and Kerry are something we have not seen since 2009. It seems that 50 mm of rain will fall in a 26-hour or 27-hour period. We are seeing flooding of roads which have not flooded since 2009. It is appropriate that we should be looking at some kind of funding package being put together for the local authorities in Cork city and county, both of which seem to be greatly affected by this flood. There will be a major requirement for central funding to be set aside for this issue.

The other issue I would like to raise - I am aware that I am breaching the protocols here - is school transportation. I am not going to speak as I usually do about how children have been left all over west Cork. An issue with regard to vaping on school buses has emerged in the past few days.

Senator, please.

We have received several emails about this issue in the past few days. It does not appear to be looked upon by the bus service itself. How are we going to ensure vaping is banned on school buses? The children who have emailed me this morning will not get a school bus until we stop the actual-----

We mentioned that one item would be raised on the Order of Business by each speaker.

I think it was two, Chair.

How did I get-----

I thank the Senator. There is no linking.

I had two seconds left there.

Members can change the ruling, the Standing Order or the precedent. I do not mind.

Can I get back the time that-----

No, keep going.

----------the Chair took off me? I did not manage-----

One needs a school bus in the bad weather.

I understand where Senator Lombard is going with this.

Is the Senator allowed extra time because he is a member of Fine Gael?

Can I finish, Chair?

Finish up, please, Senator.

The issue is that children will not get on the school bus because other children are vaping on it. This issue needs to be looked at.

We need to have a debate with the representatives of either the Department of Health or the Department of Education about this issue.

Thank you, Senator.

There were two issues, not three.

Thank you; you are stretching it now.

I think he is losing the ability to count.

Thank you; you are stretching it. Anois, Senator Craughwell.

The others can keep it going.

Members were here for the Order of Business. They know I am being consistent in the application of the rules of the House.

These Cork spats in the House are very unseemly. My colleague Senator Warfield spoke about Ursula von der Leyen and what she had to say and what she did not have to say. We have a situation where our President, Michael D. Higgins, goes to-----

Sorry , Senator. I am going to have a spat with you now. You know full well-----

Stick with me here now.

He goes to Rome-----

The Office of Uachtarán-----

I have to put on my headphones now because I have to hear you.

Who is chairing who here?

Michael D. Higgins goes to Rome and he does exactly what Ursula von der Leyen did.

Correct, absolutely.

He makes a statement without, I understand, having run it past the Government or the Council of State.

Sorry, Senator. I appreciate your desire to speak on matters appropriate to the Order of Business, but-----

I hope the clock has stopped.

-----as you know quite well, the Office of President is not answerable to the Houses of the Oireachtas. You have done this before.

No, there is a question here.

I ask you to-----

You are pre-empting him, Chair.

Excuse me. There is a question here. We have a Constitution in this country.

The bottom line, Senator, with all respect, and I appreciate your sincerity, is that the Office of the President is not answerable to the Houses of the Oireachtas.

That is a whole different matter, Senator Conway. That is not for us to discuss today.

I fully accept that the President is not answerable to this House. However------

The exercise and performance of his duties and the powers and function of his office-----

Shall I just read a paragraph here, which is nothing to offend anybody? Article 13.11 of the Constitution states:

No power or function conferred on the President by law shall be exercisable or performable by him save only on the advice of the Government.

I want to know if the President had the advice of the Government before he went and did what he accused Ursula von der Leyen of doing.

Go raibh maith agat.

At the end of the day, we have a Constitution. We either live by it or we do not. You cannot select from it piecemeal. It is not an à la carte menu.

Thank you; your time is up.

You took half my time.

Chair, it was your time really.

(Interruptions).

Members should know and will understand that that is the precedent and tradition of the House.

My final comment is that we have one spokesperson on foreign affairs in this country, and that is the Tánaiste and Minister for Foreign Affairs. Nobody else can state Irish policy anywhere.

Thank you. I refer all Members of the House, not just Senator Craughwell, to Article 13.8.1° of the Constitution.

I have a copy here in my pocket.

You might familiarise yourself with it.

Anois, an Seanadóir O'Sullivan.

I think the people of Ireland have had their eyes opened in the last ten days, following the savage, inhuman attack on Israel by Hamas. Hamas are a murderous bunch of terrorists.

There is no other word for them. Israel has been living with the horror of Hamas on a daily and weekly basis. There is hardly a week goes by that some rockets do not come over and there will be some retaliation. Of course, the pro-Palestinian lobby will not notice the initial atrocity but they will immediately attack Israel for responding. This has been the pattern. It has become a kind of a proxy thing between those who have a left-wing view of life and those of us who do not. There is no denying that. The most recent reaction to the terrible hospital tragedy proves that. Everybody on the left jumped out of their skin to attack Israel for bombing the hospital. It is now becoming clearer every minute that Israel was not responsible. It was Hamas or the jihad who, in a typical way, sent off rockets irresponsibly from a populated area near a hospital and it backfired on them, as one out of every three of their rockets does, by the way. The greatest victims in all of this are the Palestinian people. Palestinian people are victims of Hamas. We, in Ireland, have a proud record of being fair to both sides, and we need to stay that way. I want to compliment the Taoiseach, the Tánaiste and the Government for their mature response to this. They have the support of the Irish people. They can well do without hurlers on the ditch, especially people who, as Senator Craughwell said, are restricted by the Constitution in what they can and cannot say, and seem at this stage - I am talking about Uachtarán na hÉireann - to have thrown all caution to the wind and must-----

Sorry, Senator. You are a long-standing Member, but I must advise you-----

On a point of order-----

I am the Chair. You are a long-standing Member of the House.

You are eating into my time now.

Senator, please. With respect, I am not going to allow the Order of Business to become a boxing match around the issue of the Office of the President. As I did earlier, I refer Members to Article 13.8.1° of the Constitution. Thank you; your time is up.

A Chathaoirligh, I have great respect for you.

You have eaten into my time.

The President is not a sacred cow.

You did allow Senator Warfield a good bit of time to praise the President. Fair is fair. That man does not have the right-----

Thank you, Senator.

-----to do what he did.

Your time is up.

Someone has to call him out on it.

Your time is up.

His term is nearly over. God only knows where he will stop.

Go raibh maith agat, thank you. Senator McGahon.

I want to move on to another equally serious issue, namely, that of missing people in Ireland. As many people in this House will know, I am holding a meeting with the families of missing people today in the audiovisual room at 1 p.m. I would appreciate it if as many as possible could come along. According to the Department of Justice, as of July of this year there are 840 missing people in Ireland. There are also 44 people who are buried in graveyards around Ireland and are totally unidentified. I am holding the meeting today on behalf of Claire Keane from County Louth. Claire's sister, Priscilla Clarke, went missing in May 1988 while horseriding in the River Dargle in Enniskerry and has never been found. The families of missing people who are coming here today have a number of key asks of us as politicians. One of them is the development of a comprehensive database like they have in the UK. We have a database here, but it is not as comprehensive as it could be in terms of detailing what a missing person was wearing on the day they were last seen, what jewellery they were wearing, and the colour of their hair, for example. It does not have the same level of comprehensiveness that the UK database has. There are a number of other key asks on which I hope we can get cross-party agreement and we will be able to bring to the Minister for Justice and the Minister of State, Deputy James Browne.

They key point is that it is everyone's worst nightmare to have a family member just disappear. Some died in circumstances like Priscilla, who was trying to cross a flooded river and was unfortunately washed away. Other people were murdered. The people who committed those acts have not been brought to justice. I think missing people represent a part of Irish society that is somewhat forgotten about. I accept that we have a missing persons day every year and that is most welcome, but I would appreciate a debate at some stage in the future on the key asks that these families will bring today. I encourage everyone to come along to the audiovisual room at 1 p.m.

I want to raise my genuinely deep concern about the practices that have been implemented this morning in relation to the motion on Palestine. In particular, I am concerned about the deeply cynical decision to put in a further Government amendment at around 11.35 a.m., giving us absolutely no opportunity to table an amendment to that amendment and effectively ruling all our amendments out of order. It is really poor practice, particularly when this was supposed to be a cross-party motion. There was no engagement with Sinn Féin in relation to this motion, certainly in the Seanad. I think it is very poor form. Behind the very cynical tactics by the Government is a fundamental issue of principle. One of the key amendments that Sinn Féin was proposing sought to condemn the murder of 1,000 children in Gaza in the last week. It is very noticeable that the Government amendment to the original motion contains no condemnation whatsoever. I want to be clear on this. I know that when we come in here, all of us have to compromise at times. That is the way politics works. It seems that every Government Senator in here is apparently unwilling to stand up and condemn the mass murder of 1,000 children in the last week. That is what this Government amendment is attempting to do. It is trying to rule out of order our attempt to include equally the value of the lives of those Palestinians. That is just not right.

It is fundamentally wrong. It is something that will revisit a number of people here. That is an absolute fact. When some people next stand for election, it will be remembered that they were given the opportunity to condemn Israel's actions in Gaza, including carpet bombing and the mass extermination of more than 1,000 children, and they chose not to do so. That is unforgivable.

I want to clarify some points and be fair to everybody. The amendments to the Order Paper were received at 10.20 a.m. There is a requirement for processing and distribution ahead of the Order of Business by way of a supplementary Order Paper. I fully accept it is not the optimum way to do business. We have not done it before. To assist Senator Gavan and other members of the Opposition who have raised matters this morning, my understanding is that it was the wish of the House that a motion would be considered and decided today in advance of the statements tomorrow. This morning, as they know, Senator Moynihan submitted a proposed amendment to the Order of Business, as she is entitled to do. The Leader may address the matter further presently.

I welcome to the Public Gallery the members of the Fine Gael group from Waterford, who are friends of Senator Cummins and others. I hope they have a good and positive visit. I thank them for their work in Waterford. Céad míle fáilte romhaibh go léir.

This is the first time I have had an opportunity to speak on the Order of Business since the shocking passing of Councillor Damien O'Reilly, my colleague and personal assistant. The Cathaoirleach and Leader said a few words at the time to mark his passing, which was a very nice thing to do. Damien's family very much appreciated it. My thoughts have been with his young daughter Carly, his stepson Kyle, his partner Lisa and his mother Phil. I have been in contact intensely with them over the past few weeks. As we come up to Damien's month's mind, it is the appropriate time for me to mention him in the House. I wish the light of heaven on him. We are still working with his family and there is a GoFundMe page that is seeking to gather a few bob for Carly's further education. Anybody who is not aware of that will find a link to it quite easily on the Dunboyne Facebook page or my Facebook page. It is linked on several popular forums and I can pass the details on to anybody who needs them.

I am anything but an advocate of war and needless killing. This long-running feud has to be ironed out. We must get people around the table to look at the bigger picture and iron out the problems. It previously looked like a two-state solution would be the answer but that seems to have fallen into the backwaters for whatever reason. I certainly am not here to sway people from their positions, which seem to be quite entrenched. I have questions. I cannot see why quite a lot of people have a leaning to the Islamic State and fundamentalist jihadism.

The Senator's time is up.

I cannot see what we would have in common with that particular ideology, particularly in view of some of the recent actions. Personally, I find it hard to understand.

I thank the Cathaoirleach for welcoming my guests from Waterford. I hope they enjoy their visit to Leinster House.

I reiterate the comments by my colleague, Senator Lombard, regarding the serious flooding in the south of the country at the moment. A status orange rainfall warning will remain in place until after lunchtime. The evidence locally across my constituency of Waterford is that serious damage has been done. Part of the seawall between Kinsalebeg and Youghal Bridge has collapsed and there is serious flooding. There will be a need for significant central government funding to assist local authorities in Waterford, Cork and Kerry with the clean-up operation that will inevitably follow from the serious damage that has been done across those counties.

It would be remiss of me not to mention the junior cycle students.

The Senator has already made two points.

The Cathaoirleach will give me a little latitude in recognition of the more than 70,000 junior cycle students receiving their results across the country today. I congratulate them, their teachers and their parents. They had a very difficult time over the past three years of the Covid crisis. They are to be congratulated on their results today.

I have one point to make regarding the conversations that have been happening in the wings of this House and in respect of the business before us. The previous Seanad passed the Control of Economic Activity (Occupied Territories) Bill 2018, which was measured legislation that was designed to fly a flag against the creeping annexation of the West Bank by settlers encouraged by the Netanyahu Government. We were frustrated at every angle in progressing it. We were told the Bill would breach EU law. At a later stage, when it got to Dáil Éireann, the Members of that House were told it was a measure that required a money message from the Government, which was an entirely spurious foot trip of the legislation. I have one point to make in this regard. Those of us who supported the Bill, and there was support for it right across this House at the time, were making a stance against the circumstances that were leading to the hatred that is destroying the Middle East. We were standing up for the rule of international law. We were not helped by the Government because it was afraid of being seen as an outlier on the issue at EU level. Much more offensive than that was that an official of the Netanyahu Government called those of us who supported the measure in this House anti-Semites. The ambassador was called in for a dressing down. We do not know what excuses were offered or whether the Israelis were given an assurance the Bill would be allowed to die, which it has been. People should look back to what happened. The Government should look back to what it did not do. The European Union, by its failure to act and take proper stances, has contributed to the hatred and despair that have brought us to the abyss we now see in the Middle East.

Colleagues will be glad to hear I am not going to talk about the President. The issue I raise is the development in recent years of what are known as designated activity companies, DACs. The local authorities are using these companies to develop tourism and other products. In Clare, for example, there are two DACs I am aware of and there probably are more. One is Ennis 2040 and the other is the Cliffs of Moher Experience. My problem with these tools for progressing tourism and so on is that they have a commercial remit and are potentially likely to displace businesses. The Cliffs of Moher 2040 project proposes to create a retail offering at the cliffs above and beyond what is there at the moment, which will end up displacing retailers who are ratepayers. There is a lot of concern in my constituency about the Ennis 2040 DAC, which is developing a retail offering in the centre of town. In essence, the State is going into the retail business and, by extension, displacing, or at least potentially displacing, other businesses that are ratepayers. We need a debate on the whole principle of DACs, including their role and how they potentially could end up putting others out of business, thereby creating insolvency and job losses.

While we all have a common goal, which is to develop tourism and develop Ireland, we cannot do that in a sneaky way through activity companies that could end up putting other companies out of business.

First, I support the proposal from Senator McGahon for a discussion on the event he has organised for 1 p.m.

I thank Government for supporting the pay increases for the section 39, section 56 and section 10 workers. There has been a significant campaign over a long number of years, particularly for those working in disability services who were struggling to get employees. They were losing employees out of that sector to the HSE, where they earned significantly more money. I compliment the Minister of State, Deputy Rabbitte, and everyone involved in putting the support package in place - an 8% increase. I ask that the deadline of 1 December for the Workplace Relations Commission, WRC, negotiations be strictly adhered to and that we 100% honour the commitments we made to avert the strike proposed. As I said, they provide significant services in all our communities. In on area in my local community, St. Christopher’s Services struggled with staff and losing staff in light of the large disparity there. I welcome the pay increase.

In the last few seconds I have, I wish to speak about tourism, which I cover-----

It is one item per two minutes. The Senator is stretching it now.

My support as a tourism representative-----

The Chair has gone soft.

I am reiterating my support for the tourism industry in respect of the knock-on downstream effects that restaurants, pubs, etc., have faced as a result of the lack of footfall due to accommodation being used to support Ukrainian refugees. There is a serious knock-on effect on footfall in tourist areas, particularly outside Dublin. We need to make sure that in any measures we put in place, all those are covered with supports larger than what is being put in place with regard to rates, which is only for those who pay up to €20,000 in rates per year.

I welcome the launch of a scholarship pilot scheme yesterday by former and Irish international footballers James McClean, Gavin Bazunu, Seamus Coleman, Kevin Long and Enda Stevens. On foot of funding they raised, €30,000 will be provided for a scholarship pilot scheme that will provide two bursaries to enable one 17-year-old boy and one 17-year-old girl to train full time with their League of Ireland club while completing their leaving certificate. More importantly, I back the cause of James McClean, who, as part of this launch at FAI headquarters yesterday, called for Government funding to see this scheme widened in order that many more young boys and girls will get this opportunity as well - not just in this sport but across the board. In backing that scheme, I call for an increase of 1% in the betting tax, which has been called for by the FAI and many other sporting organisations. That funding could be used and funnelled into sports that go beyond horse racing and greyhound racing, namely, soccer, Gaelic games, rugby and the many minority sports that need funding.

Sport had been underfunded for decades until last year, when the Minister of State, Deputy Jack Chambers, quadrupled the amount of funding for sports capital, bringing it up to €150 million. We see from the broad range of applications we have this year that it is set to exceed that again. We need funding to be driven into sport. We will get the best derivative out of it at a very local level. I back James McClean yesterday in calling for these kinds of bursaries to be funded by Government but, more importantly, to raise the betting tax. I cannot understand for the life of me why we have not grasped this. We can raise the betting tax and drive that money into where funding is really needed in sport.

I follow others in their congratulations to the junior certificate students on their results this year. I congratulate their parents and teachers as well. It is a very proud day for them.

I will speak on education, so I have not moved topic at all, the Cathaoirleach will be happy to know.

The Senator is doing well.

I am learning. I acknowledge the announcement by the Minister for Education, Deputy Foley, on Project Nore yesterday. Would the Leader agree that this Government has significantly invested in education, particularly in school buildings? Project Nore is a large-scale new building project of €250 million for seven new schools across the country – two in Mullingar, one in Newbridge, three in Kilkenny city and, most importantly, one in Tipperary, which is the Gaelscoil in Carrick-on-Suir. It will be eight new classrooms. This will be a huge development for the region and Carrick-on-Suir in particular. It is a statement by this Government and the Minister with regard to supporting and investing in education in rural Ireland.

I was at my local school last Friday doing the official opening of an extension in Grange National School. It is incredible. There is barely a school in the country that this Government has not invested in and supported. If we continue that through the next year or year and a half, I think we will see rewards from it in terms of education and kids developing. I thank the Minister for her support for the development of Carrick-on-Suir Gaelscoil. The eight classrooms will be significantly appreciated by everyone locally.

I welcome guests of Senator Dolan, Josephine Kelly and Margaret Rogerson, who are from Ahascragh and Fohenagh in County Galway. Céad míle fáilte. I hope they have a pleasant visit.

Our guests visiting Leinster House, Josephine Kelly and Margaret Rogerson, represent Ahascragh-Fohenagh in County Galway. They are here because we were fundraising for a community centre in Ahascragh. People might remember that area was made famous by Seán Moncrieff in "Don’t Feed the Gondolas" way back when. This town does not have a community centre. Currently, the old hall is condemned. We are fundraising for a new hall so that they will be able to demolish that and rebuild a new community centre. As part of that fundraising, Ahascragh community area association and development group was bringing people together to say they have access to a school hall where people are able to meet. It is an old school that was closed. Currently, that is the temporary meeting place. There is no where for people to meet in Ahascragh-Fohenagh at all. This is the crucial nature of the funds for community centres that from the Department of Rural and Community Development. We need funding for community centres and halls in rural areas in order to support community groups. In the parish, the bishop has gifted a site to the community group for them to move forward with this, so it is crucial we see funding coming in to support a community centre. Our guests today are part of the group that was fundraising for that.

Not to forget, Ahascragh-Fohenagh is competing on many different levels – not just one – in terms of a famous son like Philip Treacy, the milliner from Ahascragh, and also in hurling. They had an amazing match only last week with Mullagh, which resulted in an incredible draw. There is a replay in about a week’s time. We will be wishing Ahascragh-Fohenagh the best because it is an amazing place. Amazing investment has been going into that area as well thanks to the Ahascragh Distillery and mill. It is a wonderful investment into a local, rural area. We also need to see a community centre and recognise the importance of funding for that community centre as well.

I thank all Members who contributed to the Order of Business. Senator O’Loughlin, like many others, wished the junior certificate students well today as they get their results. It is an important milestone for those young people as they move along in their academic journey. The Senator also spoke about the section 39 workers and the strike that was averted yesterday. She welcomed the fact the strike did not go ahead and that a deal was done in the early hours of the morning. The Senator also drew our attention to Breast Cancer Awareness Week and some stark figures. Some 3,700 new breast cancer diagnoses are made annually. The Senator also acknowledged that today is World Menopause Day. Later, we will be taking the Private Member’s motion on HRT.

Senator Boyhan spoke about Irish Rural Link. He attended its briefing earlier at which the Tánaiste launched its report. He offered support for the HRT motion later today and drew the Houses attention to the ongoing issue and plight of those being trafficked – human trafficking – into Ireland for prostitution and slave labour. The Senator also spoke about the women in Irish agriculture report launch earlier.

Senator Warfield spoke about Israel and Palestine and praised the President.

Others had other comments to make on that. I am informed by the Cathaoirleach that there is a little bit of ambiguity or confusion as to what is permitted in this House in terms of commentary on the Office of the President. I am informed that it is founded on the constitutional provision that the President shall not be answerable to either House of the Oireachtas for the exercise and performance of the powers and functions of his office or for any act or purporting to be done by him in the exercise and performance of these powers and functions. It is possible that one might argue that if somebody strays beyond the performance or exercise of the powers or functions of their office, that there is a grey area as to what can and cannot be commented on in these Houses. There is-----

I like your interpretation Leader, but Article 13.8.1° is quite clear. Anyway-----

I have read it verbatim. That is what I have here in black in white. I am making the point that it could be said by Members that potentially there is a little bit of a grey area when one might suggest the President may have strayed beyond the article. I will just leave it at that. Perhaps it is something we will have to come back and look at because it is an unusual situation that we find ourselves in. It is quite an unprecedented situation within the country that we are having this conversation because it has not arisen under former Presidents.

There is another year left.

Thank you Senator O'Sullivan.

I will leave that alone. Senator Warfield also spoke about Commission President Ursula von der Leyen. There was criticism of her actions. My view is that she has cleared that up and there is a particular context for Germany in all of that. That is probably enough said on that as well.

Senator Moynihan asked that No. 127(7) not be taken, which is the motion before the House. I will not be accepting the amendment that was proposed by Senator Moynihan and seconded by Senator Flynn. I want to acknowledge that the situation is changing almost by the hour. There was a view by the majority of Senators in the House that we wanted to have a motion in the House to put our views on the record. We will of course have a more substantive debate tomorrow. We have a two-hour Private Member's slot tomorrow where the Tánaiste and Minister for Foreign Affairs will be in the House. I organised that on foot of a request from many Members. Most Members in the House will know that outside of the Chamber, there has been considerable effort across parties to try to agree a motion. There are different views on the conflict in the Middle East and that is accepted. The motion as put forward by the Government Senators is balanced. That is my view. It caters to both sides. The reason for the very late amendment this morning was to try to update the motion and amend it to reflect the bombing of the hospital which I would assume most Members would like to see included in the motion; it is a reference to and an utter condemnation of the bombing of that hospital in Gaza. That was the reason for the very late amendment. Events overnight took over. When we circulated the original motion, we did not have that information. We were trying to move as quickly as we could so that the motion the House will take today reflects the updated situation which, as I said, is changing at an alarming pace.

Senator Gavan specifically stated that there was no reference to the 1,000 children who have been killed. That is included in the updated motion.

There is no condemnation.

That is included.

There is no condemnation of------

I will respond to that.

I am just correcting the record.

The Leader to reply please.

In the first line, the word "condemns" is there. In the second line, the word "condemns" is there.

Not in relation to-----

It also specifically references the 1,000 children the Senator mentions. That is in the updated motion. I appreciate it was circulated only very recently and not everybody would have had a chance to go through every line in the detail that we normally would. No one party or public representative has the moral high ground on this conflict. Everybody is deeply concerned and affected by what is happening in the Middle East. There may be slightly differing views on certain elements of it, but there is utter condemnation across both Houses for the killing of innocent civilians on both sides of the conflict. There is a call in this motion for an immediate humanitarian ceasefire to get aid to people who need it. I hope there is no suggestion that somehow Government Senators do not condemn the killing of children and innocent civilian because that would be outrageous. It does not reflect what is in the motion or the spirit of the motion. I have made contact with several Senators on the other side of the House over the past number of days to try to move forward on this. My record and the record of Government Senators will stand on this particular issue. We will have an opportunity to debate this further after the motion is tabled and also tomorrow. There is a tendency by some Members of the Oireachtas to brush over what happened on 7 October. I do not think that should be brushed over.

The horrific and barbaric scenes we witnessed, and that have been verified, cannot be simply brushed over. That is not to take from what has happened since then. All of it is equally horrifying. To try to bring some balance to the motion, the motion that was carefully drafted does reflect that. I take on board the comments made around the timing. There is an opportunity for debate today and tomorrow. Things are moving so fast that time is a luxury we do not have on these exceptional issues and in these exceptional circumstances. That is why I am not accepting the amendment and will proceed to take the motion today.

I will take the document from Senator O'Reilly to have a look at it. I take on board the comments he made. Clearly, he was quite struck by the meeting and wants to help those healthcare workers who are on the lower paid scale in the health sector.

Senator Flynn said there was no discussion with Opposition Senators. There was extensive discussion with her group.

No, not last night. My point was-----

In the past week there has been considerable discussion-----

-----with the group. I did speak to Senator Black in person.

Last week, yes. Last night there was no discussion.

Last night the motion went in. That was the end of the discussion because the motion was submitted. It is not reflective of the events of the past week to suggest that there was not discussion across the House because there was. I was party to that discussion.

Senator Malcolm Byrne spoke-----

The Senator already contributed to the Order of Business. The Leader is replying to the Order of Business.

I know, but the Leader is saying that there was negotiation last night.

The Senator can raise it tomorrow on the Order of Business. Thank you.

There was no negotiation last night.

I think I have dealt with the points made and have responded with my own view. That is my view as it stands.

Senator Byrne pointed to the fact that the war in Ukraine is still ongoing and that events in the Middle East have somewhat overshadowed that in the past ten days or so. It is important. He referenced the growing allegiance between Russia and China. The European Union has taken a much stronger stance on China and the acceleration of the expansion of the European Union is partly due to that geopolitical situation. It is something we are concerned with and will have to keep a watching brief on. Of course, we will show continued solidarity with and support for the people of Ukraine.

Senator Lombard referred to traumatic rainfall of 50 mm. I take on board his comments. Funding for local authorities might be a matter best dealt with via a Commencement matter. He also raised the issue of school transport and vaping, and managed to merge the two. We can deal with that. I do not think it is permitted for anybody to vape on public transport. I think it is a matter for a bus driver in that situation to ensure that the rules are enforced.

Senator Craughwell gave his views on the Commission President and our President. I think I have dealt with that issue.

Senator O'Sullivan spoke very passionately about Hamas. I concur with his remarks. It is a terrorist organisation and I utterly condemn its actions and what it has been doing. It is one of the biggest blocks to progress in the Israel-Palestine conflict.

Senator McGahon spoke about the AV room briefing on missing people he will host at 1 p.m. today and urged Senators to attend if they can.

I have dealt with the comments of Senator Gavan on the motion, the amendment and what is covered in the motion.

Senator Davitt spoke about the loss of his parliamentary assistant, Damien O'Reilly. We spoke about our former colleague, Councillor Damien O'Reilly, in this House. I again want to extend our condolences to Aiden and all of Damien's family. It was a really shocking and sad passing of such a young man at the age of 40. It is a really tragic situation. The Senator also pointed to the situation in Gaza.

I have dealt with part of what Senator McDowell raised. We will have an opportunity after the Order of Business to debate the motion. Sometimes judging yesterday's actions by today's events is a difficult space to be in and is not often reasonable. That is not to take away from previous work done. We have debated the issue in the Middle East for years in the House. People's views are well established. We will have an opportunity to discuss that later.

Senator Conway raised issues around designated activity companies, in particular in regard to Clare.

Senator Carrigy spoke about section 39 workers.

Senator Cassells spoke about the scholarship launched by the former Irish internationals to try to support young people in sport.

The Senator made a very good call that consideration should be given to raising the betting tax to fund these bursaries and to fund young people getting into sport.

Senator Ahearn welcomed the investment in education by the Minister for Education, in particular Project Nore, which provides €250 million to build seven new schools across the country, one of which, importantly for the Senator, is in Tipperary.

Senator Dolan welcomed Josephine and Margaret to the Chamber. They are campaigning for the building of a new community centre in their area.

That concludes the Order of Business.

Amendment put: "That No. 127(7) not be taken today."
The Seanad divided: Tá, 11; Níl, 29.

  • Boylan, Lynn.
  • Craughwell, Gerard P.
  • Flynn, Eileen.
  • Gavan, Paul.
  • Keogan, Sharon.
  • McDowell, Michael.
  • Moynihan, Rebecca.
  • Mullen, Rónán.
  • Sherlock, Marie.
  • Wall, Mark.
  • Warfield, Fintan.

Níl

  • Ahearn, Garret.
  • Blaney, Niall.
  • Byrne, Malcolm.
  • Carrigy, Micheál.
  • Casey, Pat.
  • Cassells, Shane.
  • Chambers, Lisa.
  • Clifford-Lee, Lorraine.
  • Conway, Martin.
  • Crowe, Ollie.
  • Cummins, John.
  • Daly, Mark.
  • Daly, Paul.
  • Davitt, Aidan.
  • Dolan, Aisling.
  • Fitzpatrick, Mary.
  • Gallagher, Robbie.
  • Kyne, Seán.
  • Lombard, Tim.
  • Martin, Vincent P.
  • McGahon, John.
  • McGreehan, Erin.
  • Murphy, Eugene.
  • O'Donovan, Denis.
  • O'Loughlin, Fiona.
  • O'Reilly, Joe.
  • O'Reilly, Pauline.
  • O'Sullivan, Ned.
  • Wilson, Diarmuid.
Tellers: Tá, Senators Rebecca Moynihan and Eileen Flynn; Níl, Senators Robbie Gallagher and Joe O'Reilly.
Pursuant to Standing Order 57A, Senator Alice-Mary Higgins has notified the Cathaoirleach that she is on maternity leave from 19th June to 19th December, 2023, and the Whip of the Fianna Fáil Group has notified the Cathaoirleach that the Fianna Fáil Group has entered into a voting pairing arrangement with Senator Higgins for the duration of her maternity leave.
Amendment declared lost.
Question put: "That the Order of Business be agreed to."
The Seanad divided: Tá, 29; Níl, 10.

  • Ahearn, Garret.
  • Blaney, Niall.
  • Byrne, Malcolm.
  • Carrigy, Micheál.
  • Casey, Pat.
  • Cassells, Shane.
  • Chambers, Lisa.
  • Clifford-Lee, Lorraine.
  • Conway, Martin.
  • Crowe, Ollie.
  • Cummins, John.
  • Daly, Mark.
  • Daly, Paul.
  • Davitt, Aidan.
  • Dolan, Aisling.
  • Fitzpatrick, Mary.
  • Gallagher, Robbie.
  • Kyne, Seán.
  • Lombard, Tim.
  • Martin, Vincent P.
  • McGreehan, Erin.
  • Mullen, Rónán.
  • Murphy, Eugene.
  • O'Donovan, Denis.
  • O'Loughlin, Fiona.
  • O'Reilly, Joe.
  • O'Reilly, Pauline.
  • O'Sullivan, Ned.
  • Wilson, Diarmuid.

Níl

  • Boylan, Lynn.
  • Craughwell, Gerard P.
  • Flynn, Eileen.
  • Gavan, Paul.
  • Keogan, Sharon.
  • McDowell, Michael.
  • Moynihan, Rebecca.
  • Sherlock, Marie.
  • Wall, Mark.
  • Warfield, Fintan.
Tellers: Tá, Senators Robbie Gallagher and Joe O'Reilly; Níl, Senators Paul Gavan and Lynn Boylan.
Pursuant to Standing Order 57A, Senator Alice-Mary Higgins has notified the Cathaoirleach that she is on maternity leave from 19th June to 19th December, 2023, and the Whip of the Fianna Fáil Group has notified the Cathaoirleach that the Fianna Fáil Group has entered into a voting pairing arrangement with Senator Higgins for the duration of her maternity leave.
Question declared carried.
Order of Business agreed to.
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