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Seanad Éireann díospóireacht -
Wednesday, 13 May 1998

Vol. 155 No. 12

Order of Business.

The Order of Business for today is items 1, 2 and 13, motion 15. Item 1 is Report and Final Stages of the Criminal Justice (No. 2) Bill, 1997. Item 2, Committee and Final Stages of the Jurisdiction of Courts and Enforcement of Judgments Bill, 1998, will be taken at the conclusion of item 1. Item 13, motion 15, will be taken from 6 p.m. to 8 p.m. The proceedings on items 1 and 2, if not previously concluded, will be resumed at 8 p.m.

The Order of Business is agreed. Last week I drew the attention of the Leader to the report of the Irish Pensions Board on the future of pensions in Ireland. I made the point that it is probably one of the most important reports to have appeared in a long time. Will the Leader make time available over the next month for a full debate on it as I am sure it is something to which all sides of the House would like to contribute?

Will the House condemn the action of the Government of India in initiating a series of nuclear tests? Our Government has for many years been active in seeking to prevent the proliferation of nuclear weapons. What is happening in India has enormous consequences for that part of the world and for the future in terms of the proliferation of nuclear weapons. It is important Ireland be seen to be taking a strong stance on the matter.

I wish to raise again the Shannon River Council Bill. I am attempting to be helpful and am following on a point made by Senator Manning last week on how the matter might be progressed. Under Standing Order 104, it is possible, following a Seanad general election, to restore to the Order Paper Bills which did not complete their passage before the election. Will the Leader indicate whether, in the event of the restoration of the Shannon River Council Bill, 1997, to the Order Paper, his party and the other party in Government would support it? The Bill was introduced by Fianna Fáil. Is this a matter for the Cathaoirleach or for the Leader? I understand it is a function of the House to bring it forward and I assume that, were that to be done, the Government parties would agree to it. It should be done by agreement rather than conflict. I presume that, having supported the Bill in the last Seanad, it will do so again. Would the Leader accept a procedural motion under Standing Order 104 to have the Shannon River Council Bill, 1997, restored to the Order Paper on Committee Stage? The understanding is that it is now a Bill of the House rather than a Fianna Fáil Bill or otherwise. Can we be assured of the support of the Government parties for this good legislation?

The Senator is making waves.

I congratulate the Irish under-16 soccer team and its manager, Brian Kerr, on being the first Irish champions in an international soccer tournament. I wish the under-18 team well in its last match for World Cup qualification tomorrow night. It is a great honour for Ireland to have finally made it to the top in international soccer.

I want to support what Senator Manning said about India's nuclear testing. The Leader of the House should raise this matter with the Taoiseach and the Minister for Foreign Affairs. We should condemn India for breaching the ban on nuclear testing. This is the first time in 24 years that India has carried out any nuclear tests; not just one, but a number of tests have taken place. We should also raise the matter at the United Nations with a view to having sanctions imposed on India for breaching this ban.

I request a debate on industrial relations. I need not go through the arguments again because we have been calling for such a debate for a number of months. The Leader should facilitate this debate urgently.

The decision by the Government of India to test nuclear weapons is very disturbing and distasteful. The House has put on record its view on these matters and, at the time, through a series of statements, it strongly condemned the French nuclear tests in the Pacific. Perhaps the Leader would consider granting us time within the next few days when the main groups could make statements on the matter for a few minutes each. The Indian Government should be made aware of the views of the House, the Government and successive Governments in their opposition to the proliferation of nuclear weapons and the threat they pose to world peace.

I join with Senator Manning and others who spoke about condemning India for the nuclear tests that have taken place in the last few days. It has been suggested that the World Bank should impose sanctions on India because of this but sanctions will not achieve anything against the Government of India who created the problem. The starving people of that country must be considered if we are going to discuss sanctions. Having listened to President Clinton this morning, it appeared he was more worried that his intelligence agents did not tell him the tests were going to take place than by what actually occurred.

We cannot debate the matter now, Senator.

We should send a congratulatory message to the under-16 international football team. We should also have an urgent debate on what is euphemistically called professional sport. We read this morning that the English Football Association has decided that Paul Gascoigne can smoke during the World Cup campaign. He can beat his wife and can play football for England. That is "professional sport". Twenty five million people saw the captain of the England football team, Alan Shearer, kicking Neil Lennon.

I did not see it.

Because he is captain of England he was not found guilty of an offence. The English Rugby Football Union has decided that a man who was seen biting somebody's else head is not to be censured because the player in question said he did not remember being bitten on the head but did remember his finger being bitten.

What about Tyrone footballers?

These matters are not relevant to the Order of Business.

I will cite two other instances. Elite athletes in Ireland are now being paid extra money by the Government to continue their elite athleticism. However, none of their agents comes from Ireland so the taxpayer and the national lottery is paying 20 per cent of the money these elite athletes earn, straight into the hands of their agents. Should this be so?

In the case of Michelle Smith, a totally unethical and immoral test was carried out during her menstrual cycle at the Olympics in Atlanta. She has now been tested again. How can sport be associated with people standing by to take a test while others urinate? Is this sport? The Leader should organise a debate urgently on what is euphemistically called sport. The effect of all these instances will impact on young people here and elsewhere. We should decide whether we want professional sport to continue as it is or to eliminate professionalism and have sport that is truly sport.

Last week I asked the Leader to hold an urgent debate on the Middle East. In view of Prime Minister Netanyahu's actions in the meantime, I urge the Leader to hold at least an hour long debate on the problems in the Middle East within the next few days.

Senators are aware that I am reluctant to interrupt them while they are speaking. However, I have appealed to them on many occasions in the past to raise only matters that are relevant to the Order of Business. Long contributions are not in order on the Order of Business.

Many matters which are raised on the Order of Business are more appropriate to the Adjournment debate. This evening, for the third sitting day in succession, no matters are due to be raised on the Adjournment yet Members insist on raising matters on the Order of Business which are more appropriate to that debate.

The matter I wish to raise is not an Adjournment matter. A few weeks ago every Member of this House welcomed the treaty which was signed by the British and Irish Governments. My support for that treaty remains but I ask the Leader to ask the Taoiseach if he will consider coming to the Seanad to apologise for the hurt caused to the families of the victims of the Balcombe Street gang by the scenes at the Árd Fheis at the weekend. The Secretary of State, Dr. Mowlam, has already apologised to those victims.

While permission for the release of these prisoners might have been granted in good faith, it would be appropriate, because of the immense damage being done to the agreement in Northern Ireland, if the Taoiseach were to make more than a gesture to show his sorrow and regret for what happened at the weekend. It might be difficult for people in the South to imagine what is happening in Northern Ireland but, as a result of the scenes at the RDS, moderate opinion on the Unionist side is swinging to the no campaign. Perhaps the Leader would convey my feelings about the effect of these scenes to the Taoiseach and ask him to redress the balance as a matter of urgency.

I wish to draw the attention of the Leader and the House to the serious deterioration of the fabric of society on the Blasket Island. I seek an immediate and urgent debate on the matter. The policies pursued by the State on the island for the past ten years have resulted only in the dilapidation of its properties, legal costs exceeding £1 million and the loss of millions of pounds in EU funding which were designated for the island. Senator Manning, on 10 May 1989, pointed out to the Seanad, as did Deputy Begley to the Dáil on 24 May 1989, the constitutional infringement inherent in portions of the legislation.

I concur with the sentiments expressed by Senator Ross. All Members must have been horrified by the triumphalist scenes that greeted the appearance of the prisoners at the RDS at the weekend. I regret those scenes immensely and I agree they were most hurtful to the victims of violence in both Britain and Northern Ireland.

Will the Leader raise with the Minister for Health and Children our grave concern at the shortage of blood supplies which has led some major hospitals to carry out emergency operations only? Will the Leader bring these concerns to the attention of the Minister for Health and Children as a matter of urgency?

Mr. Cregan

The Bacon report is being discussed in the other House at the moment. Problems exist in regard to draft agreements which are issued by builders in relation to the purchase of new property, particularly in the Dublin area. Judges have ruled that such draft agreements are not legally binding; that is very serious. For example, a particular draft agreement quoting a price of £123,000 for a house was changed to quote a price of £165,000 as the house was not to be finished for a further five months. The judge in that particular case ruled in favour of the builder. I am very concerned about this issue.

That matter will arise in regard to a Bill which is due in the House later this week. It would be far more appropriate for the Senator to discuss the matter at that stage.

Mr. Cregan

Will the Leader assure the House that the Bacon report will come before the House this week?

I will resist the temptation to send congratulations to Dana International on her victory in the Eurovision Song Contest and to issue a rebuke to Pat Kenny for saying that the definition of a real woman was one who was capable of having children. That was a rather remarkable comment to make in view of the fact that some Irish women are infertile.

The directive on patenting, passed by the European Parliament in recent days, seeks to allow the patenting of life forms. This matter was discussed in the House previously. Will the Leader inform the House when this directive becomes applicable in Ireland? We should have a full debate on this issue as it is one of extraordinary moral significance, particularly where it purports to patent seeds and plant material belonging to indigenous peoples.

I would welcome a discussion on the use of child labour as children protesting against this issue on a global scale passed by this building on a march in recent days.

We were all horrified that the Balcombe Street gang admitted to the Guilford bombings for which other people were imprisoned. However, although the scenes at the Sinn Féin Árd Fheis were shocking and uncomfortable, they were inevitable as the release of such prisoners is an emotive issue. Although I do not often disagree with my colleague, I believe that focusing on the issue will only serve to exacerbate it. We must proceed with the implementation of the Agreement. The scenes at the Árd Fheis were hurtful, hateful and reprehensible but I doubt they were planned by Sinn Féin.

Will the Leader arrange a debate in the near future on the rural renewal scheme which will be implemented on 1 June? I do not know who is responsible for selecting the areas included in the scheme but many counties such as Donegal and Monaghan have been excluded and I would like to know on what basis this has happened. It is difficult to believe that a Bill drawn up to implement financial advantages is excluding such counties. I ask the Minister urgently to come to the House to allay the fears of those who feel they are discriminated against. We have had the worst of all deals. The southern Border counties are not wanted by our own Government. Why does the Government not put us into the North? That might at least balance things up.

Hear hear.

I am justified in asking for a debate on a matter dealt with in the document I hold in my hand. Counties are being indemnified for rural renewal that are no more disadvantaged than my own. I have an obligation to stand and plead with the Leader to hold a debate on this subject. I hope other people in the west and in County Monaghan who have a similar problem will argue their case just as strongly.

It is not in order to make this case on the Order of Business. You can make the case for a debate but you cannot discuss the merits of the issue on the Order of Business.

With respect to you, a Chathaoirligh, I hope I am not going overboard.

We will all be lost.

Out of the mouths of babes.

I have been here quite a while and I realise that, because of the number of matters referred to the Leader it is impossible to deal with all of them. I know that everyone regards his or her matter as urgent. I make a special request to the Leader to have this matter raised in the House and to ask the Minister for Finance to explain the criteria by which the areas for rural renewal were selected and what sort of committee recommended certain areas at a cost to other areas, one of which I represent. I am entitled to stand and speak, I hope.

You are indeed Senator, when you are in order.

I ask the Leader of the House to bring to the attention of the Minister for Education and Science the great concern of students, parents and teachers at the fact that the scheme for third level students has not yet issued. This scheme is normally available at the beginning of May and may not now issue until students have left second level schools and colleges. This is disgraceful. The Government ought to specify a date, perhaps around 1 April, when these schemes would be issued so that parents students and teachers could make proper and wise decisions for the coming academic year.

This is germane to the issue raised by Senator Ross. I ask the Leader of the House to convey to the Taoiseach our appreciation of the humanity, sensitivity and dignity of his statement about victims in response to a report issued today by Sir Kenneth Bloomfield. This gives us an opportunity of recognising, as Senator Ross has done, the very real hurt of many people which they are being asked to offer up in the interest of the peace process. They are, on both sides, being asked to accept the release of people who have done very terrible things to their friends and relations. It is proper that all of us should recognise the extent of that price. I am glad the Taoiseach, in his statement, has recognised the plight of victims in this jurisdiction too and I hope that whatever practical methods are developed in Northern Ireland for helping victims are replicated, to the extent that they may be needed, in this part of the island as well. When the political dust has settled, will the Leader arrange a debate which will enable us to consider these matters of reconciliation and recompense?

I wish to ask the Leader if the proposed visit by Senators to St. Ita's Hospital in Portrane is to take place. When the matter was debated I understood the visit was to take place relatively soon. Has the Leader further information on it?

Can the Leader confirm, or ask the relevant Minister to confirm, the exact details of the 11 year old gypsy girl who reportedly entered a forced marriage with another member of that refugee community? What safeguards can society have to ensure such marriages in that community, a number of whose members are currently resident in Ireland, are stopped? Being wed against one's will at 11 years of age is totally unconstitutional.

Last week we debated road accidents and deaths. I congratulate RTÉ on its magnificent "Prime Time" programme last night which highlighted the problems on the roads. Will the Leader ask RTÉ to make that film available to secondary schools? Doing so would be a very good exercise as pupils would see the dangers of drunk, careless and bad driving.

Will the Leader arrange a debate on alcohol policy as we face the new millennium?

I wish to be associated with the remarks made on nuclear testing by India. There was a tremendous international furore when France conducted nuclear tests some years ago. The tests conducted by India are particularly insidious because of their effect on the region. We have heard the belligerent statements made by Pakistan and what it might do to other powers in that region. The tests should be absolutely condemned.

I also wish to be associated with the remarks initially made by Senator Ross in relation to what took place at the Sinn Féin Árd Fheis last Sunday.

I welcome the announcement by Pádraig Flynn, the EU Commissioner, on banning tobacco sponsorship and advertising at sports events with effect from 2006. Tomorrow the Joint Committee on Health and Children will meet people who have been affected by tobacco abuse. A number of citizens, such as those in the USA, are setting about suing the tobacco industry and I support them in that endeavour. Will the Leader arrange for a debate on this matter at an early date with the Minister for Health and Children? The Department of Health and Children informs us that tobacco kills 6,000 people per year in Ireland. The issue requires urgent attention and discussion in the House, particularly in the light of recent events.

I wish to take up the theme raised by Senator Hayes and others and ask the Leader to convey to the Taoiseach that he has the good will of the House and the vast majority of people on the island in what are difficult times. It was a timely opportunity in advance of next week's referendum. There is a price to be paid for peace. All of us felt somewhat uncomfortable at the scenes on television last Sunday. I do not believe Sinn Féin deliberately orchestrated the response — the party issued a statement to that effect. At every stage in our history this century, prisoners have been central when there has been a need for healing, peace and reconciliation. It is an uncomfortable truth — I do not wish to diminish the awful hurt of victims of violence — that violence has affected everybody on both sides of the community in Northern Ireland and in the Republic in the context of the Detective Gerry McCabe incident. It is important that the House has the opportunity on the Order of Business to convey to the Taoiseach its full support for his brave initiative. He obviously has more difficult decisions to make in this jurisdiction which may be somewhat unpalatable but must be taken in the long-term interests of the peace and prosperity of the island.

In light of the comments by Senator Lanigan and others, perhaps the Leader would consider asking the Minister for Foreign Affairs to come into this House to make a presentation not only on underground nuclear testing in India but also on the dangerous and burgeoning military situation in Kosovo and Serbia's aggression in that area. As part of the European Union, we have an input to make. Notwithstanding the comments about the Middle East peace process, we should welcome an opportunity to hear what the Minister for Foreign Affairs has to say in this regard. It could be a difficult summer if Serbia does not stop its aggressive behaviour towards the vast majority of Albanians who constitute 95 per cent of the population of Kosovo. It would be timely if the Minister came here to discuss this situation and other relevant issues.

As 30 minutes has elapsed since the Order of Business was proposed and in accordance with a resolution of the House, I call the Leader of the House to conclude.

I will arrange a debate on the report of the Pensions Board before the end of the month, as requested by the Leader of the main Opposition party.

Senators Manning, Costello, Dardis, Lanigan, Connor and Mooney condemned the actions of the Indian Government. I will allow short statements on this atrocity by the leaders of the various groups in the House on Friday.

Senator O'Toole was not in the House last Friday morning when I responded to questions on the Shannon River Council Bill. Most of the proposals put forward by Deputy Daly and Deputy O'Kennedy when they were Members of this House are now included in a pilot scheme organised by Roscommon and Clare County Councils.

I did not know that nor I am sure did the Cathaoirleach.

The Leader will not get away that easily.

The Leader, without interruption.

Perhaps the House should wait until we know the outcome of this pilot scheme. I am sure all the proposals will be taken on board by the Government.

As regards Senator Costello's point, I have given my word to the House that we will have a debate on industrial relations at the earliest opportunity. I agree with Senator Lanigan's call for a debate on professional sport in Ireland and our neighbouring countries.

Many Senators requested as a matter of urgency a debate on the banking sector in Ireland. They had prepared scripts and were waiting for time to be allocated for this urgent topic. I have arranged time tomorrow afternoon for such a debate.

Senators Ross, Keogh, Norris, Maurice Hayes and Mooney expressed their concern about the triumphalism displayed on our television screens last Sunday evening. I welcome Sinn Féin's decision to vote "yes" in the forthcoming referendum. Although such triumphalist displays were probably not planned, it was inevitable that there would be an instant response from some sections of that organisation at its Ard-Fheis. I agree with Senator Maurice Hayes that not alone was the Taoiseach disappointed, but he also gave an assurance that victims would be given support in the North as well as the South of Ireland. I remember particularly the people who died in Dublin and Monaghan. I welcome his comments in this regard.

I will pass on Senator Coghlan's various views on the Blasket Islands to the relevant Minister. Senator Keogh mentioned the dilemma in which the Department of Health and Children found itself in terms of blood shortages. I encourage those who have been so generous over the years in donating blood to come forward and be as generous again.

Senator Cregan can raise the matters of interest to him on Friday morning or afternoon when the Bill will come before the House, as the Cathaoirleach pointed out.

Senator Norris called for an urgent debate on patenting. I will have time left aside for this and also for a debate on child labour. Everyone in the House would want to participate in such a debate.

Senator McGowan requested a debate on rural renewal schemes. I spoke to Minister of State Davern this morning about this and it will be discussed the week after the referendum. I will allocate as much time as the Seanad needs to discuss rural development. I also point out to the Senator that many parts of Ireland were disappointed that they were not part of the Shannon Pilot Scheme as outlined in the Finance Bill. Those hard pressed areas such as Longford, Leitrim and parts of Sligo and Cavan deserve a pilot scheme to help them. Economic success does not seem to have caught on in these areas in the manner in which it has in the cities and larger towns. The Senator may be disappointed now but I hope that with an overwhelming yes vote, North and South, on May 22, the counties which he represents so ably in this House will not be left out and counties such as Donegal, Cavan and Monaghan will receive cross-Border and other funding.

Christmas is coming, Senator.

Senator O'Dowd sought information about third level college fees. I will make a request of the Department of Education and Science and will contact the Senator's office about this matter.

Senators Maurice Hayes and Mooney called for a debate on reconciliation. This is a worthwhile suggestion and I will leave time aside before the summer recess for this whenever appropriate.

Senator Ridge inquired about St. Ita's in Portrane. I covered this many times. There was much interest in this in the run up to the by-election. Interest has waned somewhat since then, but the Senator may raise the issue on the Adjournment or in Private Members' time.

That was not the spirit of my question. I am shocked.

I am disappointed that some Members do not use the Adjournment to the advantage of their constituencies and themselves. I encourage them to place these important issues in their own areas on the Adjournment if possible.

The Leader did not answer the second part of my question.

Senator Farrell called for a debate on the drinking laws. The subcommittee is sitting under the stewardship of Deputy Flanagan and is at an advanced stage. We will have a debate on this before the summer recess. Senator Connor also asked for a debate on the tobacco industry. I agree to this.

The Leader did not mention the refugees.

Order of Business agreed to.
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