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Seanad Éireann díospóireacht -
Wednesday, 13 Oct 1999

Vol. 160 No. 7

Order of Business.

I join with you, a Chathaoirligh, in wishing former Senator Gallagher the best as he takes up his new appointment as community development officer for Westmeath County Council. He was a Member of Dáil Éireann from 1992 to 1997 and a member of Offaly County Council and Offaly VEC from 1991. He was chairman of the VEC in 1993 and 1994. He was also a member of the National Federation of Youth Clubs from 1984 to 1986. He is a neighbour of mine and I have known him for many years. I thank him for this contribution to the Seanad, which was enormous when one considers the small number of members that the Labour Party has in the House. He is a man with great talent, ability and high energy. We are very fortunate in Westmeath that he has taken up employment there. Many projects are developing rapidly because of the county's proximity to Dublin and the spread of the Celtic tiger to the midlands, which will, hopefully, continue to the west. I wish him, his wife and family well as he takes up his new appointment.

For today's Order of Business I propose Nos. 1 and 2 and No. 19, motion 28; No. 1, Report Stage of the Copyright and Related Rights Bill, 1999, to be taken today; No. 2, motion re Eurodac, to be taken from 4 p.m. to 6 p.m. with the contribution of each Senator not to exceed ten minutes; and No. 19, motion No. 28, to be taken from 6 p.m. to 8 p.m.

A Chathaoirligh, the Order of Business is agreeable as far as I am concerned. I join with you and with the Leader of the House in saying how much I regret the resignation of Senator Pat Gallagher from the House. He was a very conscientious Member and will be a very big loss. His contributions on all stages were always worthwhile. He is also a very big loss to the Labour Party. Were it not for the fact that Senator Brendan Ryan moved on a free transfer from the Independent benches to Labour – maybe there was a fee involved, I do not know – there would have been two Members lost by the Labour Party, although both Members are happily still living. He is a big loss and I regret that he is going. I wish him every success in his new career.

Could the Leader indicate today or tomorrow the legislation he intends to bring before the House during this session? Could he also consider having a general debate on the state of the nation? A great many matters, many of them unprecedented and highly unusual, have been happening over the months during which the House was not sitting. It would be useful if the Leader could dedicate a couple of hours to a state of the nation debate, which I think all sides would welcome.

On behalf of the Independent benches I also support what has been said about Pat Gallagher. He made a great contribution here and I look forward to his continued contribution to Irish life. It is clear that he will do that. In recognising his contribution, commitment and involvement at the two most senior levels of politics, the Dáil and the Seanad, we should not shy away from the obvious questions raised and the reasons he gave for not continuing in office. Maybe it should fall to me as a trade union general secretary to say that it is time that people recognised that public representation is neither family-friendly or attractive as a career, and it is not a financially sound way of raising a family. Pat Gallagher made those points. We have a duty not just to ourselves but to others, whom we would wish to attract into politics, to review the whole operation of the Houses, including the salaries, allowances and expenses. Let us put these matters out in the open, examine them and recognise that there are many of us who could not be here if we did not have other sources of income. It is not an attractive proposition at the moment. I admire Pat for taking this decision and many of us would envy him for having the guts to break the addiction to politics which every one of us has. He has been able to show that there is another life, perhaps a better life outside. These are serious matters which we should discuss another time. I wish him and his family well and I hope that he has made a move which will prove very advantageous to himself, and also as the Leader said, to his local area and Westmeath.

In the course of the summer the report on the pollution of the River Shannon was issued which brought home the problems created by local authorities and farmers, both of whom are very strong groups. Without taking a smart cut at any one, farmers and local authorities are trying to address the matter and it would be in everybody's best interests if we had a serious discussion on the Shannon River Council Bill and how we are to move it forward. Interest groups such as farming and local authorities should not be worried about discussions taking place here. This is about helping people to make a difference. We are ruining the industry on the Shannon. People in the fishing industry are saying – in your own constituency, a Chathaoirligh and other places – that tourists fishing on the Shannon, which is part of a huge tourism industry, are not coming back. Similarly the hire boat business is suffering because people cannot swim in the Shannon. Both your county council, a Chathaoirligh, and the Leader's county council had notices up this year forbidding people from swimming in Lough Ree and other parts of the Shannon.

I support what Senator Manning has said about an outline of the legislation and also – he took the words out of my mouth – a state of the nation discussion to allow an opportunity for statements to be made. There are other things which we need to discuss as we go along. The House deserves, in doing its business properly, correctly and effectively, a list of legislation and dates of intended sittings as soon as possible. Thank you very much.

Thank you, a Chathaoirligh. I welcome the tribute that you paid and the leaders of the other groups have just paid to our colleague Pat Gallagher who has just resigned as Senator. It was with great regret that we in the Labour Party accepted his resignation during the summer. Pat was one of the brightest young politicians to enter the Oireachtas in many years. Through years of hard work and dedication he carved a strong and loyal electoral base in Laois-Offaly. His dedication was rewarded by the people of Laois-Offaly in 1992, when he was returned to Dáil Éireann, the first Labour Deputy to represent the constituency in many decades.

Pat entered Dáil Éireann at the age of 28. His background was youth work and community development. He believed passionately that the State should empower and support local communities to address the problems and opportunities on the ground. It was his work in this area the led him to politics and to the Labour party in particular. I am pleased that Pat will continue to work in this field now that he has left the House. He was, as the Leader said, elected to Offaly County Council in 1991, and to Tullamore Urban District Council in 1994 and he chaired the urban district council and also the County Offaly VEC. He was elected to the Dáil in 1992 and to this House in the Industrial and Commercial Panel in 1997.

Adult education, community development, overseas aid were some of the many issues which Pat Gallagher tenaciously pursued during his time as a public representative. Pat has high political ideals but his ideals are rooted in the every day experience of people. He made many important contributions to debates in this House, indeed he was instrumental in bringing forward one of the most timely and important Private Members Bills, the lobbyist Bill, introduced in this House in the last session. I note that this Bill is now on the Dáil Order paper and I urge the Government to rethink its views on this important initiative which was researched and proposed by Pat Gallagher.

Pat had many friends of all political persuasions in the Oireachtas He had a great ability to see the humour in situations and his capacity to recount a tale was second to none. He enjoyed politics and the many and varied characters who make up our body politic. Pat was extremely proud of the Labour organisation in Laoighis-Offaly which was crucial in every election fought since 1989. In the past ten years that organisation has gone from strength to strength and the local Labour Party had the ambition and the dedication necessary to ensure that Labour's presence in politics in Laois-Offaly continues at the highest level. However, Pat has, for professional and family reasons, decided to retire from politics. I believe his departure is a great loss not just for the Labour Party but for politics in general. In his resignation statement he pointed out that he entered the Oireachtas as a 28 year old single man. Since then Pat has married and he and his wife Bernie have a young family. I echo the remarks made by Senator O'Toole on the conflict often experienced by those of us in public life in private and other commitments. The pressure of political life can often clash with family life. Pat's decision to resign from politics was heavily influenced by his commitment to his family. It is time the Oireachtas got serious about reforming our many antiquated procedures. We have often heard calls for reform but the political will to drive this process on seems to be lacking. The truth is that unless we tackle this issue politics will remain an unattractive profession for many young people with families and young women, in particular. It is time for change.

On a personal level, I extend my deep thanks for the dedication, wit and energy which Pat brought to the Labour Party and to politics. His contribution to the constituency of Laoighis-Offaly and to the Labour Party was second to none. He has now brought his talents and abilities to Westmeath County Council and I wish him well in his new role as director of community development and enterprise for that county. Pat gave a huge amount to his political career. I wish him, his wife, Bernie, and his two young children, all the best in the future.

I support the call by Senator Manning for a state of the nation discussion and debate in this House because major public sector conflicts are coming up in the workplace, in industrial relations conflicts with the nurses, teaches, gardaí, bus workers and DART workers and somebody of the stature of the Taoiseach or the Tánaiste should come into the House. That whole area is lining up for industrial action. In the context of partnership and the new negotiations, it is high time we had a thorough debate in this House because there are major concerns that need to be addressed.

In the context of the recent coup in Pakistan and because of the danger of a much wider conflict, including the potential threat from nuclear weapons in Pakistan and its neighbouring country, India, and the present conflict over Kashmir, we should seek a debate in this House and the Minister for Foreign Affairs should be present.

The tributes to Senator Gallagher are well merited. Fortunately, he is not dead. I thought from some of what has been said in the past few minutes that, perhaps, he had died. He was a very effective person. One of his characteristics which, probably, was not widely recognised at public level was the contribution he made to the important legislative work of the Seanad. He was diligent and very effective in that respect and in terms of his overall public responsibilities. It is unfortunate, but understandable, that he left the Seanad. I think Senator O'Toole is right that it does raise questions about public life and about the responsibilities and the pressures that come with public life, particularly in circumstances where there is a young family, as in this case. Also, as Senator O'Toole said, it is difficult to walk away from the addiction. I am sure it was not an easy decision for him but he is to be congratulated on making it. We all wish him well in his job in Westmeath. I am sure he will be just as good at that as he was here and in Dáil Éireann.

On the other matters, it would be important for us to discuss East Timor given the Seanad's interest in this matter over an extended number of years. Since we have commented on all the events that have taken place over the years and given that we were not sitting when the most recent appalling events took place, it is important to endorse the vote which took place in East Timor and that its demand for independence should be met. It is also important that we express our condemnation of the events which took place at the hands of the militia and the Indonesian armed forces. Given our history in the matter it is important that we give some time to that in the near future. I ask the Leader to ensure time to arrange such a debate.

I agree with Senator O'Toole on the matter of the Shannon but there is an even broader issue here, one that has been raised on several occasions by Senator Quill, that is, water quality and the effect of pollution on waterways. I can testify from personal experience that what has happened to the midland lakes, having started fishing on Lough Ennel and gone on to Lough Sheelin and other midland lakes, is appalling. We have to be very aware in terms of our tourist industry, general health and water standards that this is an important issue and is one that should be dealt with, if not on the Shannon, on a broader basis.

With your indulgence, I wish to say how much we appreciate the work Mo Mowlam did when in the Northern Ireland Office and acknowledge her work in the peace process and wish her well in her new appointment. I express the hope that her successor, Peter Mandelson, will be successful in helping to bring lasting peace to Northern Ireland.

Finally, I congratulate Senator Manning on the publication of James Dillon yesterday evening.

I ask the Leader if, in this session, we could debate the report on attention deficit disorder which has been adopted by the Joint Committee on Health and Children since January. Nothing annoys me more than a report that is gathering dust. This is a crucial issue in relation to children and how they are missing out in the education sector. I would like a debate also on the plight of homeless children. I find it almost impossible to get up-to-date specific facts and numbers in Dublin and in other urban areas. This is a matter we should address immediately.

In the light of the ruling of the Information Commissioner regarding the release of leaving certificate results data, will the Minister for Education and Science respond to the concerns of teachers, the parents' council and the public at large and appeal the recent decision? This would be a very crude measure of school effectiveness and would be misleading. Clinical data of results alone do not give a true picture. I hope the Minister for Education and Science will pursue this appeal.

I know the Minister for Health and Children has plenty on his mind at the moment and that the mental health Bill has been promised for this session in the Dáil. Will the Leader of the House ask the Minister to ensure the publication, as soon as possible, of the 1998 inspector of mental hospitals' report? We have debated this for two years running in the Independent Senators' time. If we could debate it again, as soon as possible, it would be very useful.

I never remember Senator Gallagher as a politician who talked about family values. It is interesting that he is the first one I can remember who really did resign from politics, genuinely, for family value reasons.

I support the proposal by Senator Manning for a state of the nation address here by the Taoiseach given the industrial relations situation and the changes in Northern Ireland.

I beg your indulgence to be associated with the remarks about Pat Gallagher, who has resigned from the Seanad, being from the same county and having worked with him at Offaly County Council level since 1991. Pat Gallagher was an excellent full-time public representative. Despite what has been written by much of the media recently about people in public life, expenses, salaries and so on, it is an indication of the salary level of Senators that someone like Pat Gallagher, looking at it long term, decided to take the position of community development officer in Westmeath. I wish him well. Pat Gallagher was an excellent public representative. He worked well for the people of Offaly. He worked at county council level and at VEC level. Irrespective of political affiliations, Pat Gallagher always tried to improve the lot of the people he was elected to serve. He was elected to Dáil Éireann in 1992 and at the last election, despite a national swing against the Labour Party, he increased his first preference vote and it was very hard luck that he was not re-elected to the Dáil.

I wish Pat, Bernie and his family well. When Pat made his decision he telephoned me to say that at least he can now go to church on Sunday and to a hurling or football match at the weekend without people asking him about house repairs, pot holes, loans and other problems. It is an indication of the pressure many public representatives are under. They work full-time and Pat Gallagher was a seven day a week, full-time politician. He is a huge loss to the people of Offaly and is certainly a great loss to Seanad Éireann.

There is a lovely O. Henry story about invitations to a funeral to remember an old lady. When everybody turns up at the funeral, the old lady is there. She said she would not have missed it for anything. This is almost like an obituary for Pat Gallagher and I am only sorry he is not here to hear the great things being said about him. In the tributes to Senator McGowan yesterday I said this House will be the poorer without him. I repeat that today because this House will be the poorer without Senator Gallagher, but Westmeath will be the richer and I wish him well. His enthusiasm and vigour will benefit that part of the world.

I express my strength of feeling and annoyance over a matter on which we have been let down. I, and a number of others, asked for a debate on Partnership for Peace during the last session. We asked for a debate repeatedly and were promised one by the Leader, who was also let down and I do not blame him. It shows a lack of respect for this House because Partnership for Peace is being debated in the Dáil today. I said this was the ideal forum in which to talk about this issue. We are now presented with a fait accompli, the Government has made its decision and it did not have the opportunity to hear our views. I know the Government promised a referendum which will not take place, but the least it might have done was to accede to the request we made to the Leader for a debate in this House. We should voice our strong opinion that this should not occur in the future. If the Leader promises a debate on a topic which is ideally suited to this House, he should not be let down. I support the Leader in his efforts. I express my disappoint ment that this House has not been looked after in the way it should have been.

I extend good wishes to Senator Gallagher and thank him for the help he has given me since I came to the House. I was impressed by every contribution he made in the House and wish him well. I am sure Westmeath has got a very good county development officer. Will the Leader ask the Minister for Foreign Affairs to come to the House after the present flurry of activity in Northern Ireland is over to give us an indication of whether the ship is being brought into port or, if that does not happen, of the proposals? In doing so, I join in the tributes to Dr. Mowlam on leaving Northern Ireland. She may well have brought the process as far as she could and I think of her rather like a relay runner who has done the anchor lap and has now handed over the baton.

I join others in wishing Mr. Mandelson well. He is an able and intelligent man who is close to the Prime Minister and I am sure we all wish him well in his efforts. However, Northern Ireland's situation will not be solved by a Secretary of State coming in from outside; it will be solved by the parties and the people and it is they to whom we should be talking. If there is a blockage on decommissioning, the people who are in the best position to solve it are those who hold the arms. Not much is needed to unlock matters at the moment but we should ask – and I hope the Minister for Foreign Affairs and the Taoiseach take this on board – why society should be held to ransom and the process put at risk because a few hundred people want to hold on to guns which they have said they will not use anymore.

I support Senator Dardis's call for a debate on East Timor. It is an issue which has been raised on numerous occasions by Senator Lanigan and others. It is timely that we have a further debate because atrocities continue there. The powers that be, the United Nations and the superpowers, did not act swiftly enough and the killings continue. These people voted for democracy and we should try to debate the issue and show our support.

In view of your ruling, a Chathaoirligh, on my matter for the Adjournment, and I respect your reason for the decision, I plead for your help in relation to this matter. This is a tremendous scheme—

I would be very pleased to discuss the matter with the Senator at any time in my office, but I cannot debate my ruling or have it debated in the Chamber.

It is of great importance to the people of Tipperary town who made a tremendous submission. They were told by the Tánaiste at a meeting in July that she was very supportive of the application. I heard from others who made applications that the Tipperary town scheme will not be included because of its population so I would like to explain to the Minister—

I know how important this matter is to the Senator and that is the reason I am so willing to discuss it in my office.

In view of its importance to the people of Tipperary, will the Minister come to the House so we can explain the scheme? It is a tremendous scheme which could have tremendous benefits not only to Tipperary town, but to many other towns.

Many people have expressed concern about the reported unequal and heavy-handed treatment of some Irish citizens by the Israeli security forces. It is particularly important for the Government and Oireachtas Members to ensure that when our citizens travel abroad, they feel safe, protected and, indeed, represented. May we convey our concern to the Minister for Foreign Affairs and, perhaps at the same time, express our gratitude to him for the quick response to date? I notice Irish Church authorities have expressed concern and are looking for an assurance that pilgrims from Ireland visiting the pilgrim sites in the Holy Land can do so in an unobstructed manner. You will agree, a Chathaoirligh, that Ireland has always worked diligently to promote good relations with other countries and I would not like this incident to, in any way, mar our relationship with Israel in the future.

Mr. Ryan

It would be remiss of me not to be associated with the kind words said about Pat Gallagher. He had became a very good friend over the couple of years in which we were in this House. We also have an interesting background as both of us spent a couple of years endeavouring to learn how to be priests in the same religious order. Whether it was God, the religious order or ourselves who got sense, somebody did and both of us ended up in politics instead. We will all miss him.

A number of Members raised the issue of East Timor. I am concerned that a resolution to allow some members of our Army to go there was passed having only been discussed in one House of the Oireachtas. I would be very grateful if somebody could explain to me whether this is commonplace, whether it is a precedent or what is going on. I understood that resolutions generally, unless they were on financial matters, were matters for both Houses of the Oireachtas. The question arises as to whether the decision was legal and constitutional and under what basis, therefore, are members of our armed forces being dispatched to East Timor, though I unequivocally support that move. I am concerned that we are not meeting our constitutional and legal requirements if issues like this are not to be debated and approved of by both Houses of the Oireachtas.

I ask the Leader to convey to RTÉ the great discontent in rural Ireland with weather forecasting. We had a very good system with experts telling us what the weather would be, but now we have people reading a script. People are not happy. I wonder why RTÉ has to go aping and gaping other media organisations. It had a good system—

This matter is not appropriate to the Order of Business.

The weather has been good ever since.

The weather is excellent.

RTÉ should bring back the meteorologists that we had. It expects us to accept what script readers tell us the weather will be.

Lying in bed last night listening to "Oireachtas Report", I heard the Dáil report and then the Seanad report. The entire report was: "Seanad Éireann met to pay tribute to Senator Paddy McGowan". I know Mr. McGowan was not a world leader, but he gave 40 years of dedicated service and they could at least have broadcast two or three of the tributes – perhaps the Cathaoirleach's, the Leader, the Leader of the Opposition or Senator Farrell's. It is disgraceful. I have asked the Leader before to bring this matter up at the committee which deals with such issues and if we are not going to get better coverage I think we should scrap the whole thing. It is disgraceful.

I support Senator Quinn's call for a debate on PfP in the Seanad. It should have been debated here, but I suppose when Fianna Fáil let down the people – they promised a referendum – they took the idea of bringing the issue to this House lightly also.

Some months ago the Minister for the Environment and Local Government promised to bring the local government Bill to this House as a matter of urgency. When is it envisaged that this Bill will come to the House? Many people are interested in it and it should be brought to the Seanad at the earliest date.

A fortnight ago I attended a conference on local government in Cork. During a discussion on freedom of information a journalist attacked the Ombudsman for his delay or refusal in allowing leaving certificate results for individual schools to be published. The reason he gave was the lack of resources being put into certain schools. It would be a horrendous decision to allow results for individual schools to be published as that would result in those schools becoming more socially excluded and disadvantaged. I support Senator Ormonde's call for an appeals process and everything possible should be done.

I also wish the Secretary of State, Dr. Mo Mowlam, every success in her future career. We in the North of Ireland are disappointed she has been moved and I hope there is no ulterior agenda involved. Many things happened in the North over the summer, but one of our colleagues was involved in the Patten report. This is an excellent report, though its suggestions are 50 years too late.

Finally, I pay tribute to Senator Gallagher. He was one of the first people to speak to me when I came to the Seanad and I found him friendly and personable. I wish him well in his future career.

Senators Manning, O'Toole and others sought a list of future legislation. I will be only too pleased to inform the House in the morning of the business planned for this session. Senators O'Toole, Manning, Costello and Moylan called for a debate on the state of the nation. That is a very good idea and I will see what I can do to have it as soon as possible. Next week we will have Fianna Fáil Private Members' time and there will be a debate on the future national plan. It will give us an opportunity to review progress and to see the input we can make as a Parliament to the national plan being discussed by the Government.

I wish to be associated with Senators O'Toole's and Dardis's horror at the damning report on Lough Ree. The area involved straddles the Cathaoirleach's and my constituencies and I will be discussing this matter after the Order of Business with the Leaders of the various groups. We will see how we can have a meaningful debate on the report's findings with the Minister as soon as possible. Senator Dardis also requested a debate on fresh water, as has Senator Quill in the past.

Senator Costello called on the Minister for Foreign Affairs to make a statement to the House regarding the nuclear danger in Pakistan. I will convey the Senator's call to the Minister after the Order of Business.

Senators Dardis, Dan Kiely and Ryan expressed concern about East Timor. Any fair minded person watching the terrible tragedy in East Timor during the summer had to be shocked. It would be an understatement to say our hearts went out to those people and I will have the Minister come to the House. I discussed the matter with him last week and he has agreed to three hours of statements on the matter when his diary is free and the House can give time to it. I hope to have this debate within the next week.

Senators Dardis, Maurice Hayes and Bonner expressed their gratitude to Mo Mowlam and I wish to be associated with those thanks. She has had a lot of success since coming to Northern Ireland and it is probably a tragedy that she is going. I believe she would have liked to carry out the final stages of what we hope will be a successful Good Friday Agreement. I am sorry that she may not be in office for the conclusion of the Agreement, but it was not in her remit to decide that. I wish to acknowledge the massive contribution she has made as Secretary of State for Northern Ireland. She was appreciated throughout the world for her contribution.

I also wish Peter Mandelson luck in his new task. He comes with a reputation as a man who gets things done and I look forward to his endeavours in bringing the Good Friday Agreement to a successful conclusion. I bear Senator Hayes's views in mind, as he is probably the most informed Member on Northern Ireland. He is widely respected for his views. There is a lot of work to be done and it will not be easy and I join with Senator Hayes in wishing Peter Mandelson the very best in his new position. Senator Jackman called for a debate on the various points raised in the House and I will try to have a debate on this in the near future.

Senators Ormonde and Bonner raised the publication of leaving certificate results. For the past week teachers and educational institutions have been calling on the Minister to appeal the decision under the Freedom of Information Act. I will relay Senators' concerns and wishes to the Minister.

I will make time available for a debate on the report of the Inspector of Mental Hospitals as called for by Senator Henry. The Mental Health Bill will come before the House during this session. Senator Quinn expressed views on Partnership for Peace. In the words of Paudge Brennan, "There is never the wrong time to do the right thing", but I will allow time for a debate on this issue at an early opportunity.

Senator Ó Murchú expressed concern about the treatment of Irish pilgrims to the Holy Land. I will convey the Senator's comments to the Minister for Foreign Affairs, Deputy Andrews, and the Taoiseach. The contributions of Irish missionaries are known all over the world, as is our neutral stance on all matters, and it is regrettable that our pilgrims were treated in such a manner by Israeli troops. This was a retrograde step. The Israeli Government should clarify the position and apologise to the Minister for Foreign Affairs for what happened.

I will convey Senator Farrell's comments concerning RTÉ. I agree with Senator Lydon's request concerning yesterday's Seanad report on RTÉ on tributes paid to the father of the House, the late Senator McGowan. The House receives reasonable coverage on RTÉ but, perhaps, some Senators could receive better coverage. RTÉ could have done better yesterday. Whatever about its coverage of yesterday's tributes, today's Irish Independent only gives 12 lines to a man who made a contribution to this House for 28 years. I condemn such despicable coverage. It would have been better had the newspaper not covered the tributes rather than give 12 lines at the bottom of a page.

I join Senator Bonner in welcoming the Patten report. Senator Burke raised a number of environmental issues in which he is very interested. I welcome the planning Bill which will come before the House tomorrow and I thank the Minister for initiating the Bill in the House. I look forward to the contributions of Senator Burke and his Fine Gael colleagues. I hope every Member will contribute to this debate as the majority of Members represent local authorities and county councillors. This Bill will bring about enormous changes and I look forward to the contributions of Members. I will also make inquiries on when the environment Bill will come before the House.

Order of Business agreed to.
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