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Seanad Éireann díospóireacht -
Thursday, 11 Feb 1999

Vol. 158 No. 4

Order of Business.

The Order of Business is items 1 and 2 and Statements on East Timor. On item 1, Statements on the Fishing Industry, the contributions of spokespersons are not to exceed 15 minutes and those of all other Senators are not to exceed ten minutes. The business from 1 p.m. to 2 p.m. will be Statements on East Timor. The contributions of Senators may not exceed ten minutes and Senators may share time. Item 2, Statements on National Childcare Strategy, is to be taken at 2 p.m. with the contributions of spokespersons not to exceed 15 minutes and those of all other Senators not to exceed ten minutes. Senators may share time.

Today's business is agreed. I notice that today's business is entirely confined to statements and it is proposed that next week two of the three days will be confined to statements also. I welcome statements and debates in the House and I am not criticising that, but I am concerned at the lack of legislation coming to the House. The Government's production of legislation seems to have dried up. What is happening now is similar to what happens virtually every session, at the beginning of the session we have no legislation, at the end of the session there is a glut of it, every Bill is the most important Bill which was ever produced, the Government wants all Stages before breakfast and everything must be passed in a hurry. This is not the first Government to do this. It is managing parliamentary business, but it is creating a situation where we do not get sufficient time and we are expected to rush legislation at the end of the session. Although it is not the Leader's fault, will he use his good office, as he is a member of the legislation committee, to see if Departments can be kick-started into producing promised legislation.

Last week I raised an important issue, that of the leaking of information in a specific case by the Garda authorities to a newspaper, thus identifying a person by name who has not been charged and against whom no charges have been made. That person has suffered the loss of his reputation. I am disappointed and surprised that there has been no reaction from the Garda. There has been no attempt to deny it and they cannot deny it because the facts are clear. Neither has there been any attempt to explain or defend their position. Will the Leader ask the Minister for Justice, Equality and Law Reform to come to the House to discuss, not necessarily this case, but the constitutional abuse in which the Garda are engaged? I have discovered since last week that on one occasion the person who phoned the newspaper said, "We don't have much evidence but this will smoke him out". If the gardaí are using these sorts of tactics we have gone a very long way down a very dangerous road. I take this matter very seriously because it is not the first time such a thing has happened. In this case there was no question of gangsterism, violence, subversion or drugs. In fact, no one has yet been charged with any offence. I thank you, Sir, for your indulgence because this is a matter which I take very seriously and so should this House.

We agree the Order of Business. I concur with Senator Manning's views. This is a very serious situation.

Will the Leader arrange for the House to discuss the report of the inspector of mental hospitals? The inspector was so pleased that the last report was discussed in the House that the next report, for 1998, will be due half-way through this year. It would be a good idea if we discussed the report for 1997 before that one is published.

What progress has been made on the preparation of the mental health Bill? I have asked the Department of Health and Children and I have been told that it has gone to the Attorney General's office. The current legislation is more than 50 years old and, as the Leader is well aware, mental health treatment has changed dramatically in that time. The delay in the preparation of this legislation presents a great prob lem for those involved in the mental health service.

I agree that the House should debate the report of the inspector of mental hospitals. We might also debate the slightly related question of suicide. An alarming report published today states that the rate of suicide has doubled in the State over the last decade. We have the fastest growing suicide rate of any country in the world. The increase is largely found in young people between the ages of 15 and 24. This figure presents an extremely alarming prospect for our social development. One wonders what factors have a bearing on our young population. Will the Leader invite the Minister to the House for a debate on suicide?

I draw the attention of the Leader to item 15, motion No. 13, on the Order Paper:

That Seanad Éireann calls on the Government to support the EU Campaign for the retention of the duty free status at airports and ferries.

A report emanated today from the European Commission which seems to indicate that Europe will make no concessions regarding duty free status. We have been led to believe that the Minister for Public Enterprise has the matter well under control and that there would, at least, be an extension of duty free while an overall review of the implications for employment of the ending of duty free was carried out. It now appears that Europe has turned its back on this decision. Will the Leader see if this important matter can be clarified? More than 3,000 jobs will be directly affected as well as many more at ferry ports, airports and in the tourism industry generally. Can the Leader arrange for the Minister to come to the House to tell us the up to date position? A final decision must be made within a month or two.

I join Senator Costello in expressing the view that we should have a discussion on suicide. This morning's report of the very high incidence of suicide is very worrying. This House has a record of dealing with this matter. When Deputy Neville was a Member of this House he made a major contribution in this area. Sensational reporting in newspapers has not been helpful. I do not suggest that this morning's report is sensational but there have been instances in the past when reports have been sensationalist. In one case a photograph of a body floating in the river Liffey was printed in a newspaper. Something in modern society puts great pressure on young people to which they are not able to respond. We must examine the reasons behind the increase in suicide and get some good professional advice on the best way forward. Such advice has frequently been ignored by newspapers in their reporting.

Previous speakers have referred to the need for a debate on health. Senators Costello, Dardis and Henry mentioned various aspects of health. Last week, on the Order of Business, I asked if the Leader would ask the Minister for Health to come to the House to explain the decisions he is making and his responses to the crisis in the health services. I have received no response. In fact, the Leader made no reference to my request when he spoke at the end of the Order of Business. Among the anomalies I mentioned was the fact that in some hospitals, elderly patients have to pay for the use of television sets while the people who killed Garda McCabe will be watching television free of charge in their cells. Such anomalies add insult to injury. I would like the Minister to come to the House to debate these issues.

I welcome the positive manner in which the media have treated the recent development in the Michelle de Bruin case. It is now evident that the so-called foolproof system of testing is flawed and that samples can be interfered with by a second or third party. Will the Leader ask the Minister for Tourism, Sport and Recreation to ensure that every assistance and support is available to Michelle de Bruin at this time? It behoves us, as a nation which basked in the limelight when Michelle de Bruin was successful, to stand four square with her until this case is finished. It reflects on the sporting arena here and throughout the world.

I voice a note of dissent on the question of duty free status. We should have no more debates on this issue on which politicians have continuously led their constituents up the garden path. Duty free was always due to die and it will do so. One cannot have a European Union while retaining little pockets of protection at various ports. If we have another debate we will simply be giving false hope to those who rightly feel that their jobs are being threatened.

There was a motion on the Order Paper in my name and the name of Senator Ryan and others regarding the death penalty in the United States. I do not know why the motion is no longer on the Order Paper. It may be because its time had expired.

The motion was printed on the Order Paper for a year and because it was not moved in the course of the year, it was removed. The Senators may, if they wish, submit the motion again.

I did not intend my question as a criticism, Sir. I simply looked for the motion and could not find it. I am sure Senator Ryan will join me in resubmitting it. Indeed, it was his proposal. Will the Leader ask the Minister for Foreign Affairs or the Minister for Justice, Equality and Law Reform to come to the House to explain the Government's attitude to executions in the United States? Last week a person who committed a crime many years ago, when he was 16 years old, was executed. The death penalty was abolished here some years ago and the Government should make the strongest possible representations to the United States Government every time this barbarity occurs in that country. We have, thank goodness, a new American Ambassador and it would be appropriate if the Government made the strongest possible representations on behalf of the people of Ireland to say that we no longer regard it as a civilised country if it continues to behave in this barbarous manner.

Last week I asked the Leader to arrange a debate on housing. The Government has taken a number of initiatives to try to increase the supply of serviced land, increase housing densities and encourage local authorities to move down that route. Bearing in mind that young first time buyers with a joint salary of between £23,000 and £25,000 cannot expect to purchase a house in cities such as Galway and Dublin, we have a very serious crisis on our hands. I would like the House to debate this matter so that we can offer the Minister innovative ideas, solutions and proactive measures which can be implemented.

Senator Manning raised the issue once again of the Garda role in the investigation into the ISPCC. An issue which caused me considerable concern in that regard was the publication of the photograph and name of the individual concerned, despite the fact that he had not been charged with anything. This is an issue of great media irresponsibility. The next day the editor of the newspaper concerned was quoted in another newspaper as calling for a press body with teeth. Such a press body could have investigated his own serious crossing of the line.

I support the calls for a debate on suicide, which is a serious issue in rural Ireland. Media reporting is critical to the incidence of suicide, particularly in relation to the auto suggestive nature of some irresponsible coverage.

I am loathe to call for a debate on media responsibility because I am concerned that we would not have a constructive debate but would just engage in media bashing. However, I ask the Leader for a constructive debate on the role of the press and the voluntary establishment of a press council.

I support the call for the Minister for Health and Children to come to the House to discuss the rising level of suicide. I would like him to advise us on another matter, while he is in the House, which raised its head yesterday. I heard yesterday that certain doctors in the Galway area were selling GMS listings for exorbitant prices. I have acted for a large number of doctors over the years and my understanding was that one could not get a GMS listing unless one was involved in an existing practice. I would like the Minister to clarify the matter.

The GMS listings must be completely reviewed. In the past week—

The Senator cannot debate the matter now. He is a pre-empting a debate that might arise in the House.

There is a need for a greater pooling of doctors' resources, particularly at the weekend. In the past week there was a flu epidemic in Donegal and no doctors were available in some practices because of the demand.

A horrendous case in Leitrim was reported yesterday, where about 500 animals had to be put down because they were suffering from starvation. I presume that many of those animals were subject to subsidisation by the Exchequer and EU funds. The owner of those animals clearly did not have the capacity to keep them or care for them. It was a horrendous case.

It was pure neglect on the part of the owner.

I am sure Senator Connor will contribute to the all day debate on agriculture next Thursday, when he will have an adequate opportunity to make all the points he wishes on these matter.

I appreciate that and I also appreciate your indulgence and latitude in these matters, a Chathaoirligh. Nevertheless, that debate will not be for another week. This is an issue of immediate concern.

Will the Leader raise our concerns with the Minister for Agriculture and Food? I want to know to what extent that herd was subsidised by funds from this State or drawn down from the EU. This case raises the question of the capacity of any farmer to husband or manage his animals. The State should not subsidise farmers who do not have the capacity to feed, mind or husband their animals.

Major reform has been promised of the liquor licensing laws. I am a member of a sub-committee of the Joint Committee on Justice, Equality and Women's Rights which looked at great length at the liquor licensing laws. We presented a report with 76 recommendations to the Minister last October or November. The Minister indicated that those recommendations would form the basis of a major reform of the legislation. We now gather from his spokespersons, who spoke in January on this issue on his behalf, that the Minister will largely ignore the recommendations of the subcommittee. Will the Leader raise this matter with the Minister for Justice, Equality and Law Reform? When will see legislation to reform the liquor licensing laws? The all party subcommittee, of which another Senator was a member, drew up the report at the behest of the Minister, who expressed a wish that a subcommittee be set up to do this work. It would be very regrettable—

The Senator has made the point in great detail. I must call the next Senator.

He has not made a point but it was made in great detail.

It would be very regrettable if the Minister ignored the recommendations of a committee which he set up.

I am very impressed with the Roscommon alliance, although I have some sympathy for the Cathaoirleach in that regard.

I support the comments of Senator Ross on the US judicial system. The human rights subcommittee of the Joint Committee on Foreign Affairs, of which I am very privileged to be a member, is actively debating this issue. I am sure the House wishes to support the ongoing investigation by Amnesty International of human rights abuses in the US, which is ironic considering that the US State Department regularly sends out human rights watch reports around the world. While we are friends with the US, it is incumbent on us, as friends, to point out certain inequities in the US democratic system.

Will the Leader convey to the Minister what I am sure are the unanimous concerns of the House about the apparently systematic arrest and harassment of journalists in Mugabe's Zimbabwe? In recent weeks, two journalists were arrested arbitrarily and tortured overnight. Last week, more journalists were arrested. It all seems to stem from stories written about the military. As President Mugabe has visited this country—

We cannot have a debate on foreign affairs on the Order of Business. I am sure the Senator will find another way of raising these matters which would be in order.

I fully accept that. My main reason in highlighting this particular case is that, in light of the other comments made here this morning, the Leader might find it useful for the House to address human rights abuses around the world, which could include the area to which Senator Ross referred and my comments in regard to Zimbabwe. The House could thereby use its moral authority to convey our non acceptance of such behaviour.

I support the call for a debate on suicide. Given that this House was to the forefront in having suicide decriminalised, there is an urgent need for us to debate the issue. A task force should be set up to examine the issue. More people take their own lives than are killed on the roads, which is an alarming statistic. I find it very worrying that greater numbers of young people between the ages of ten and 16 years are committing suicide in recent years. The families of these people are the silent sufferers and there is a stigma surrounding the issue. The House must debate this serious issue.

In view of other remarks made about a sportswoman, I am sure it would not be in order to congratulate a sportswoman for testing positive.

Will the Leader arrange a debate on education? Mock exams are ongoing at the moment but I am thinking, in particular, of young people who fall between the cracks of our education system. Not only do people drop out between primary and second level and during second level, there is also a considerable drop-out rate at third level. This is something we should investigate and debate.

I strongly support the call for a debate on suicide. I worked professionally in this area dealing with potential suicide victims for a number of years but I am no wiser about the matter now than I was on the first occasion I met a potential suicide victim. Very little is known about the subject.

We had a debate in the past in this House about attempted child abductions. I regret that the number of attempted abductions has not decreased and I would urge parents to warn their children to be wary of strangers approaching them and not to be drawn into strange cars.

Will the Minister for Justice, Equality and Law Reform come into the House to discuss safety on our streets at night? It is regrettable that one cannot walk down the streets of some of our towns without being assailed, beaten or robbed. A very serious view must be taken of this matter; the law should be amended and the Garda should be given stronger powers. I recently met a man with whom I am well acquainted in hospital; he had been badly beaten twice in the space of two weeks for no apparent reason.

I welcome the announcement by the Minister for the Environment and Local Government of Dr. John Bowman's appointment as Chairman of the National Sustainable Development Partnership Board. This new body has a very challenging remit and will have a considerable input into the overall development of the State in the future. I hope its work will benefit Ireland's national development.

I was not present for the debate on duty free. I call on the Leader to commend the Ministers for Public Enterprise and Finance on the manner in which they have led the campaign to defer determination of intra-EU duty free sales. Their record in this regard has been nothing short of spectacular.

The issue is a dead duck.

I want the Leader to assure the Ministers they have our full support in advance of a crucial meeting on this issue.

I am sure those views will be conveyed if the debate which has been sought proceeds.

Senator Manning raised the position in which we find ourselves in regard to legislation. Two Bills have already been initiated in this House this session. More legislation was initiated in the Seanad last year than in any other year. Many calls are made on me, as Leader, to make time available for urgent and worthwhile statements or debates. I have done my utmost to facilitate Members' requests in this regard. The all-day debate on agriculture scheduled for next Thursday is an example of that. Senator Manning, as a former Leader of the House, fully understands that from time to time it is necessary to accede to Members' wishes when urgent matters present themselves for debate. He did that very well himself and generously afforded time to all Members of the House. I will take his comments on board; the Finance Bill is due to be published and debated in the Dáil in the coming weeks. A number of Bills will come into this House and I will seek the co-operation and support of all Members in ensuring their passage.

I support the views expressed by Senators Manning, O'Meara and Costello on the abuse of constitutional power and will call on the Minister for Justice, Equality and Law Reform to come into the House to discuss the issue. I agree with Senator O'Meara's call for the establishment of a press council. People should be held accountable for material they publish or broadcast. They must prove these stories are true and not merely pulled out of they sky, without any foundation whatsoever.

Senators Henry, Costello, Dardis, O'Meara, Bonner, O'Donovan and Glynn called for a further debate on suicide. Senator Henry also called for a debate on the report of the inspector of mental health. I have promised to make time available for that and will attempt to make time available to cover all the health issues raised this morning.

Senators Costello and Liam Fitzgerald called for the Government to support item 13 on the Order Paper in regard to duty free sales. Action on this issue was initiated by the Government under the Minister for Public Enterprise; Ireland was the pioneer in Europe on this issue and took its case to the European Parliament. Responsibility for the issue has now been passed on to the Minister for Finance. I support calls for an extension of duty free sales until taxes are harmonised, as was promised in 1991. There is broad support across Europe for that but if Members feel another debate is necessary to sustain pressure in this regard, I will make time available.

I will pass on Senator Coogan's views to the Minister for Health and Children whom I will invite into the House at the earliest opportunity to make a progress report on all health issues.

Senator Ó Murchú stated that we should all support Michelle Smith in her appeal. In so far as it is possible to do so, we fully support our Olympic gold medal winner.

I will pass on the views expressed by Senators Ross and Mooney to the Minister. Nobody in this country is in favour of the death penalty. Senator Cox called for a debate on housing and I will have time left aside for this. Senator Bonner called for a debate on the GMS listing – I will discuss this issue with the Minister today.

Senator Connor spoke about the report published by the Oireachtas subcommittee, of which he was a Member, in relation to licensing laws. Time might be left aside next week to discuss the report if the Senator still feels strongly about it. I will also inquire of the Minister when it is intended that legislation in that respect will come before these Houses.

Senator Keogh called for a debate on education and I will afford time for that. Senator Glynn called for a debate on child abduction and safety on the streets; I will leave time aside for that.

Order of Business agreed to.
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