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Seanad Éireann díospóireacht -
Thursday, 17 Jun 1999

Vol. 159 No. 17

Order of Business.

Today's Order of Business is No. 1, Committee Stage. Business will be interrupted between 1 p.m. and 2 p.m. and at 4 p.m.

This morning many Members received a handsome book indicating that the Council of Europe is celebrating its 50th anniversary this year. For many Irish politicians in 1949, the Council of Europe was their first experience of politics on a wider stage as it was our first link with Europe. Over the years Ireland has benefited and contributed a great deal as a member of the council. Will the Leader make time available later in the year for a debate on the 50th anniversary of the foundation of the Council of Europe?

Has the Leader received any confirmation from the Minister for Justice, Equality and Law Reform of the facts surrounding the refusal to grant entry visas to a group of Polish holidaymakers, as they have been represented, last weekend, and why they were imprisoned, as they allege, before being sent back to Poland? There have been a number of disquieting reports of heavy-handed behaviour by the immigration authorities. Will the Leader establish the facts surrounding this matter? Will the Leader also indicate the business he intends to bring before the House before the end of the session?

I have no problem with the Order of Business. The debate on No. 1 is due to finish at 4 p.m. This is a long and detailed Bill and I am anxious that we give it our full attention.

Will the Leader draw the attention of the relevant Minister to a call made yesterday by the European Commissioner for Consumer Affairs, Emma Bonino, for an independent food protection agency to ensure that individual member states cede authority for this matter to an independent food authority? I understand the need for such a measure considering events concerning food in the past few weeks. This is a reminder. Ireland has already taken some steps as we are working with Northern Ireland to ensure we share responsibility for the food authority for all of Ireland.

However, we must handle these negotiations with great care as we have seen what can happen in Europe when bureaucracy becomes involved, damaging the ability of one country to act alone to protect its own food industry. We have seen what happened to other food businesses when this did not happen. The ability to work successfully with other independent jurisdictions is evidenced by our ability to work together in Ireland. There have been some great successes with regard to electricity and gas and I hope it will be possible to achieve the same results with food protection and safety. However, we must ensure we do not get lost in bureaucracy.

The British newspapers announced today that human cloning is expected to occur in America shortly. This is a horrific prospect for most of us and we have no provisions in Ireland to control such developments. Senator Henry introduced a Private Members' Bill to address such matters. Can we move on this Bill to ensure that such a development does not catch us by surprise and that developments of which we are scared do not happen without control?

Mr. Ryan

Regrettably, the Order of Business is most unacceptable. The reason is that we are about to take Committee Stage of a Bill which is 194 pages long and contains 355 sections and there is not a single Government amendment. I regard this as a gesture of contempt for this House by the Department involved. I do not think the reason there are no Government amendments is that they believe the Bill is perfect. In my experience it has never happened that a Bill on this scale, introduced in this House by the Government, came through without amendments being introduced by Government. There is not a single amendment because the Government did not bother and decided that the other House is the place to introduce these amendments. I regard this as completely unacceptable to the dignity of this House.

I wish, therefore, to move the following amendment to the Order of Business: That item 12 – Statements on the Review of the Seanad – be taken today. This is most appropriate given this display of contempt.

Is the Senator's proposal that No. 12 be taken before No. 1?

Mr. Ryan

I propose that No. 12 be taken instead of No. 1.

I support Senator Manning's call for a debate on the Council of Europe. I state my interest because, with my colleague, Senator Kiely, I am a member of the Parliamentary Assembly of the Council of Europe.

In relation to the relatively minor amendment to the Intoxicating Liquor Act proposed yesterday by the Minister, he promised earlier this year that there would be major reform of the intoxicating liquor legislation. It does not now appear that this will happen. I sit on a subcommittee of the Oireachtas Joint Committee on Justice and Law Reform which published a comprehensive report on intoxicating liquor legislation and, indeed, on the intoxicating liquor industry, not just in relation to hours but to the licensing of outlets, etc. This is an area which badly needs to be legislated for because most of the legislation that governs the industry dates back to the middle of the nineteenth century. I ask the Leader if it is intended to introduce this small Bill before the summer recess? He might also advise the House if he has any advice from the Minister as to when he proposes introducing more comprehensive legislation in this area.

Now that there are newly formed councils and corporations throughout the country, we need statements in this House from the Minister for the Environment and Local Government regarding the role and power of councils. There is a lot of information and data about SPCs and newly formed chairmanships and so on, nevertheless, information is still hazy. Many new councillors do not know what we are on about and what better place than this Chamber for the Minister to make a statement and for Members to have a discussion on the issue. When we return in October we should be in a position to put this item on the agenda before beginning the political year. It is appropriate for all of us to define what is what and the power we have in terms of influencing decisions within our areas.

I share the concern expressed by Senator Ryan about the Order of Business and the Copyright and Related Rights Bill. Because of the comprehensive nature of this Bill and what it is intended to achieve by way of updating the law, it is, of necessity, a very lengthy measure. When we took Second Stage on 6 and 12 May, my understanding was that the Government needed this time, with which we heartily concurred, to draft its own necessary amendments. The Minister was generous in outlining his thoughts. As can be seen from the list of amendments before us, there are no Government amendments. I am not saying that the Government cannot deal with this matter in the other House. However, as the Bill was introduced in this House, I think the House is being treated discourteously. It would not be proper to try to conclude the Bill today because we need more time. I plead with the Leader to allow this matter to receive further consideration, perhaps, next week.

The Leader has not proposed that it be concluded today.

I beg the Cathaoirleach's indulgence. I must make this point because, in fairness, there are no Government amendments. It was clearly indicated that such amendments would be tabled today. If this is incorrect, perhaps the Leader will inform me.

I understand the Taoiseach is about to announce a candidate for the European Commissionership. If this is so, I call on the Leader to ask the Taoiseach to allow this candidate to appear before the Oireachtas Joint Committee on Foreign Affairs so that, through questioning of him or her, we might learn something of the candidate's views on Europe and, as importantly, on other matters generally.

I share Senator Ryan's concerns that there are no Government amendments to the Copyright and Related Rights Bill. It is extremely difficult for Independent Members to go through large and complex Bills. We, on this side of the House, have made a big effort to go through it and table amendments. I am pleased the Bill was introduced in this House, but if note is not taken of what we say, there is little point introducing legislation here. I support Senator Ryan's proposal to change the Order of Business to allow the Government time to table amendments to this extremely important Bill.

I fully support Senators Ryan, Henry and Coghlan in relation to the Copyright and Related Rights Bill. I regard it as unacceptable that such large, complex and important legislation initiated in this House is not given full treatment by the Minister and the Government. Even the interpretation section is deserving of considerable development and I have no doubt the Minister will be introducing amendments in the other House. It is not acceptable that this House is treated in such a cavalier fashion.

I ask the Leader to arrange for a debate with the Minister for the Environment and Local Government on reform of local government. Senator Ormonde referred to the important developments in local government, such as the SPCs, area committees and proposals on local government reform.

I referred yesterday to a millennium purchase scheme for local authority houses and flats complexes. If something is to be done about this matter on a national basis, it would need to be done before the summer. I ask that the Minister for the Environment and Local Government to come to this House before the summer recess to debate this matter. This ties in with the ESRI report yesterday which indicated that there is extreme concern among people living in housing estates, particularly local authority housing estates, about anti-social problems.

Item 21, motion 4, on the Order Paper reads: That Seanad Éireann calls on the Government to support the EU Campaign for the retention of the duty free status at airports and ferries." I am afraid very few of us will see duty free goods at Dublin Airport or any of the ferries from now on. The Minister for Enterprise, Trade and Employment should be invited to the Seanad to debate the impact of its abolition, particularly on employment. Duty free shopping was a showcase for Irish products. Indeed, the concept was an Irish initiative which proliferated throughout the world. It is a terrible disappointment, therefore, that it should come to an end in this manner. I hope the Minister can come to the House to discuss the issue.

I welcome the Minister's announcement, published in today's newspapers, of changes in the licensing laws. They are small but important changes which will abolish Sunday closing between 2 p.m. and 4 p.m. and lift the ban on extensions on Saturday nights, restrictions which caused a great deal of trouble for publicans throughout the country. The Minister took this action for the benefit of the tourism season which is about to start. He also said he will examine the licensing laws in general next autumn. Many people will be pleased with the small changes announced so far.

I wish to raise two points. The first is the delivery of Oireachtas mail. Do other Members of the House experience the delays which occur with mail sent to Limerick? We might have to wait from Thursday until Tuesday, and sometimes almost a week, to receive letters. I have often been obliged to travel to the sorting office in Dublin 12 to drop my mail to ensure it will be delivered. If other Senators have had the same problems, we should consider writing to An Post seeking overnight mail delivery. It surely must be possible in the case of mail posted from Dublin to Limerick.

My second point is of relevance to the Department of the Environment and Local Government. As buildings are rapidly being constructed and developers move with great speed, it has become obvious that they do not provide wheelchair access as they are obliged to do under the planning regulations. When I queried this with the local authorities I was told the authorities do not have enough staff to monitor these developments.

I ask the Minister to ensure that all new buildings are wheelchair friendly and to implement the regulations in that regard. It is shocking that buildings should not be wheelchair friendly. I have received many representations in the Limerick area pointing out that not just apartments and accommodation but also commercial units are constructed with steps even though they are supposed to comply with building regulations. Nobody appears to be taking responsibility for this issue.

I am perplexed by the Labour Party. We should compliment the Minister for initiating the Copyright and Related Rights Bill in this House. I cannot understand why the Labour Party would pre-empt what the Minister intends to do with regard to the amendments. There are hundreds of amendments. Has that party so little faith in its amendments that it believes they will not find favour with the Minister?

They are whinging.

I do not understand the Labour Party's argument this morning. Its Members must have got out on the wrong side of the bed.

Mr. Ryan

The Senator should look at the list.

I seek a debate on the licensing laws. Parts of Canada had a terrible alcohol problem some years ago so the licensing trade was deregulated. Now one can buy alcohol as if it was ice cream and their alcohol problem has been solved. There is no alcohol abuse. Perhaps it is time Ireland abolished the licensing of public houses and let everybody sell alcohol. Things could not be worse than they are at present. It might be the answer to our serious alcohol abuse problems.

Senator Manning and Senator Connor sought a debate on the Council of Europe and Senator Manning also asked about the publication of the book on the Council of Europe. I have no difficulty with their requests. With regard to Senator Manning's query yesterday about the group of Polish people who sought access to Ireland at the weekend, I understand they were refused entry by the Garda Síochána because they did not comply with the law. No formal complaint has been received so far from the Polish Embassy. However, I will continue to make inquiries and refer back to the Senator during today or tomorrow.

Senator Quinn made his views known about the independent food agency which I will pass to the Minister. Everybody would consider it a good idea. I will also let the Minister know of the Senator's great concern about human cloning.

Senator Ryan, Senator Costello and Senator Connor appear to have a difficulty with the fact that the Government has not put down amendments to the Copyright and Related Rights Bill. It is wonderful to be the Leader of Seanad Éireann and to initiate, during the two years of this Government's term, one third of all Government legislation in the Seanad. The main Opposition Party praises this achievement as does the Labour Party, although it might still be licking its wounds due to the loss of seats which it had expected to retain or even to gain in the local elections.

Mr. Ryan

What about Westmeath?

The next time there are local elections I will provide for an extra week's recess to give the Labour Party time to recover from its shock. It should not take it out on the Seanad during the Order of Business, particularly the Members who did not stand in the local elections.

The Bill before the House today is, in my 17 years experience as a Member of this House, the second largest Bill to come before the Seanad. All Members will remember the Copyright and Related Rights Bill, particularly Senator Ryan. I ask him to withdraw his amendment to the Order of Business. I will watch how business progresses during the day. Many worthwhile amendments have been put down and I expect the Government to accept some of them. The Senator is an experienced and respected Member of the House so I ask him to withdraw his amendment and await proceedings. I do not expect Committee Stage to be completed today; I expect it to resume next Wednesday. The Senator will have an opportunity on Wednesday's Order of Business, if he is not satisfied, to address the problem about which he feels so strongly as to oppose the Order of Business.

Senator Connor and Senator Bohan welcomed the changes in the licensing laws as reported in the newspapers. It is reasonable that the 2 p.m. to 4 p.m. closure on Sundays be abolished. There has been a change in our eating and socialising habits since the 1989 Act was passed. The changes regarding Saturday night are also reasonable. People have to be up early for work on Monday mornings so Sunday night socialising has practically disappeared. Friday and Saturday nights are the favourite nights for socialising. I agree with the sentiments expressed by the very experienced Senator Bohan, who is familar with the liquor trade.

Senator Ormonde asked that the Minister be invited to the House for statements on the powers of local authorities and proposed changes in the new local authority legislation which is due to be published at the end of the month. I will try to allocate time for that debate next week.

Senator Coghlan informed the House that the new EU Commissioner will be named and appointed this week. Perhaps he is expecting an announcement about one of his friends in the Kerry region. I have no knowledge of the matter at present.

Senator Costello raised the issue of duty free shopping. Everybody is sorry about its abolition. I believe it was unfair because taxes within the EU have not been harmonised. However, it should be remembered that duty free shopping has only been abolished for travellers within Europe. It is still available for people travelling to America, Australia or other non-European destinations. Aer Lingus has opened a new route to the west coast of America which, I understand, is extremely successful. Passengers travelling to those destinations can still avail of duty free shopping.

Senator Jackman requested statements and called for all premises, particularly commercial premises, to be made wheelchair friendly. I agree with her request, as I know other Senators do. We will debate this matter during the next session as we do not have time for it during the current session.

Senator Farrell expressed his views on the licensing laws. The biggest problem with the licensing laws is under-age drinking. An experienced pioneer like Senator Farrell knows that this is a major problem around the country.

Senator Manning asked about the remaining business for this session. It is the Sea Pollution (Amendment) Bill, 1998, from the Department of the Marine and Natural Resources; the British-Irish Agreement (Amendment) Bill, 1999; the Electricity Regulation Bill, 1998; the Horse and Greyhound Racing (Betting Charges and Levies) Bill, 1999; the Courts (Supplemental Provisions) (Amendment) Bill, 1999; the Immigration Bill, 1999 and the Equal Status Bill, 1998. I expect these Bills to be debated and passed by the Seanad by the end of the first full week in July.

Senator Ryan has moved an amendment to the Order of Business to substitute No. 12 for No. 1. Is the amendment being pressed?

Mr. Ryan

Yes.

Amendment put.

Caffrey, Ernie.Coghlan, Paul.Connor, John.Cosgrave, Liam T.Costello, Joe.Henry, Mary.

Jackman, Mary.Manning, Maurice.Quinn, Feargal.Ross, Shane.Ryan, Brendan.

Níl

Bohan, Eddie.Callanan, Peter.Cassidy, Donie.Cox, Margaret.Cregan, JohnFarrell, Willie.Finneran, Michael.Fitzgerald, Liam.Fitzgerald, Tom.Gibbons, Jim.

Glynn, Camillus.Hayes, Maurice.Keogh, Helen.Kett, Tony.Kiely, Daniel.Kiely, Rory.Leonard, Ann.O'Donovan, Denis.Ormonde, Ann.Walsh, Jim.

Tellers: Tá, Senators Ryan and Henry; Níl, Senators T. Fitzgerald and Keogh.
Amendment declared lost.
Question, "That the Order of Business be agreed to", put and declared carried.
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