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Seanad Éireann díospóireacht -
Wednesday, 26 Jan 2000

Vol. 162 No. 1

Order of Business.

The Order of Business is Nos. 1, 2, 3 and 20, motion No. 14 on the Order Paper. No. 1, motion re Order of Business is to be taken without debate. No. 2, Eighth Report of the Committee on Procedure and Privileges on the procedure for taking expressions of condolences, is to be taken without debate. No. 3 is the Irish Nationality and Citizenship Bill, 1999 – Committee and Remaining Stages. No. 20, motion No. 14 will be taken from 6 p.m. to 8 p.m. and business will be resumed thereafter, if not previously concluded.

I note the resignation of the Minister for Foreign Affairs, Deputy Andrews, and wish him well in his retirement. He was always a courteous Minister and a good parliamentarian. He had great respect for this House and always treated it with great courtesy. He has had a full political career, which is not over yet. I wish to express my appreciation of him.

I know it is not normal to comment on appointments to the Judiciary but given that one of the appointments made yesterday is that of Mrs. Justice Catherine McGuinness, a distinguished former Member of this House, it is appropriate that the House sends its best wishes on her appointment to the highest court in the land.

At the beginning of this new session and new year, will the Leader indicate the legislation he hopes to bring to the House in the coming weeks? He might also note from the Order Paper of the other House how little of the legislation we processed last session is before it. We had a very productive session last year.

Will the Leader set in train the honouring of commitments made last session, including an invitation to the Chairman of the Committee of Public Accounts, Deputy Jim Mitchell, to come to the House to discuss its report and also one to Deputy Lenihan to discuss the work of the review group on the Constitution? I know that has to go before the Committee on Procedure and Privileges but both sides of the House feel it will be worthwhile to have these discussions soon.

In a serious vein, will the Leader reconsider the possibility of taking the Shannon River Council Bill? There has been massive flooding and many Members will have more direct experience of that than I. This Bill would stir the Government into setting up a single authority, which seems to be what is wanted by those who are involved and know what they are talking about. It is a good Fianna Fáil Bill which had the support of virtually every Member on the other side in the last session. We should be big enough to accept that this is a good, important and constructive Bill. This side of the House will do everything to ensure it is put on the Statute Book without delay, obstruction or hindrance.

Will the Leader have a debate on Northern Ireland in the next couple of weeks and, unlike some of the earlier debates, will he allow time for all Members who wish to contribute?

I wish to add to Senator Manning's comments on the resignation of the Minister of Foreign Affairs, Deputy Andrews. He has always been extraordinarily helpful, open and accessible to the Independent Senators and has made a great effort. I asked him for help on matters regarding Kosovo and Turkey, to where he sent someone to observe the trial of a teacher-trade unionist. I have always found him accessible and supportive of the work of parliamentarians on all sides, including the Independents. I wish him well and I hope he will be able to spend more time in his house in Connemara.

Will the Leader invite the Minister of State, Deputy Molloy, to the House to give us an update on taxis? I support his proposals and I want him to know he has widespread support. Extra taxis are as necessary now as they were before Christmas. The fact that the Christmas rush is over should not change his position. I hope he proceeds with the proposals.

The Government is about to publish the minimum wage legislation. I have not seen the publication so I would like to know whether it is intended initiating the legislation in this House or in the Dáil. I think the House would agree that at a time of growing wealth, the mealy-mouthed attitude of employers, who are holding to £4.40 per hour for workers, is absolutely disgraceful. I am sure Members on all sides of the House, regardless of their occupation, would like to see people at that level sharing in the wealth. There is a general view that that figure should be increased.

During the recess, the Shannon River Council Bill was raised by the Labour Party and others. I support what Senator Manning has just said. We have all seen the need for co-ordination in relation to the Shannon. Apart from the obvious problems which received television coverage, there was the back-up of sewage and other unacceptable problems during the flooding. Apart from the difficulties caused for farmers as a result of the flooding of their land, there was also flooding of houses. The Leader should put the boot in to the Minister because, time and time again, arguments have been made for a co-ordinated body. If he is about to be moved, the last thing he might do is announce tomorrow morning that he intends publishing this particular legislation, or publish it now since it already exists.

During the recess there was a lot of discussion about the privatisation of various State bodies – Aer Rianta, Aer Lingus and so on. It would be helpful if the Minister for Public Enterprise, Deputy O'Rourke, would come to this House and outline the Government's thinking on this issue and perhaps she might find there is a lot of support for some of the ideas. Members could be reassured that there are certain strategic matters, such as control of the airports, which the State needs to retain, but they might be open to discussion in other areas. We need to be informed of the Government's views so that we can all make plans. The workers who are dependent on these industries are also interested to know what is taking place.

I, too, wish to be associated, on behalf of the Labour Party, with the tributes paid to the outgoing Minister for Foreign Affairs, Deputy Andrews. I wish to put on the record that we found him to be a good Minister, a gentleman, courteous at all times and a man of integrity. I congratulate Catherine McGuinness, a former Member of this House, on her elevation to the Supreme Court.

On the point made by Senator Manning in relation to the chairman of the Committee of Public Accounts coming to this House, which I would welcome, the report of the committee was not circulated to Members of this House. I ask the Leader to ensure that each Senator receives a copy of the report. We were treated very badly in relation to the Budget Statement, which was not circulated to us, even though it was circulated to members of the media. Protocol and courtesy should require that we receive a copy of all reports, regardless of whether it is a Dáil or Oireachtas committee.

In relation to the Order of Business, the Labour Party is not pleased that we should begin this session on the wrong foot in terms of No. 3, the Irish Nationality and Citizenship Bill, 1999. It is proposed by the Leader of the House to take Committee and Remaining Stages today and that, if the remaining Stages have not been dealt with by the end of Private Members' time at 8 p.m., we should continue on into the night. I do not think this is a good way to do business. This is controversial legislation and many issues need to be teased out. It would be more appropriate if the remaining Stages were taken on another day and we dealt with Committee Stage tonight. I would like to hear the Leader's reply. The Labour Party will oppose all Stages being taken on the same day.

The national minimum wage legislation has been published today and it would be most appropriate to set the minimum wage at £5 per hour at least, considering that the budget's tax measures come into effect at £108. The proposed minimum wage, £4.40 per hour, means that at least £76 of a person's earnings on such a wage would be taxed. Our inflation figures announced today are, at 3.9 %, by far the highest in Europe. That is double the rate last year and three times what it is in Britain. It would obviously be better if people on low incomes got more money.

There are nurses outside the gates today looking for free third level fees. They are the only group being discriminated against and it is very desirable that money should go to them, given that they are finding it hard to make ends meet while in college.

I join with other groups in paying tribute to the outgoing Minister for Foreign Affairs, Deputy Andrews. I understood we would do this more formally, but given that it has arisen on the Order of Business, it is appropriate to salute the work he has done and to wish him well in retiring from his Ministry, though he is staying in the Dáil until the next election. This House acknowledges his huge contribution to the peace process in Northern Ireland but also the very forthright way he condemned what was happening in East Timor when he told the Indonesian Government in no uncertain terms what the Irish Government's attitude was. It was one of the more forthright denunciations we have heard from a Minister for Foreign Affairs and he took a very direct interest in that issue. We also salute his work on the wider international stage for both the UN and the EU. We wish him well in whatever he decides to do in the future and acknowledge the tremendous contribution he has made as Minister.

Regarding the Shannon flooding, I have a serious solution. The Shannon could contribute its water to the greater Dublin area. A major problem at the moment is the increasing level of extraction from the Liffey to supply Dublin's need for water and it would be quite easy to draw water from the Shannon to Dublin. I am not sure about the impact that would have on flooding from the Shannon, but it would be of some help. At least once in the history of the State we would be taking water out of the Shannon.

It might be useful to have some sewerage schemes to treat the water before people are asked to drink it.

One of the stated objectives from the foundation of the State would then be delivered upon.

Regarding the minimum wage, obviously the legislation will be coming to us and, regardless of what the level should be, we have to acknowledge that it is a major breakthrough to establish a minimum wage. People have campaigned for this for a long time and it has finally come to fruition.

I join in the congratulations to the new members of the Supreme Court, particularly Judge Catherine McGuinness. Those of us who served in the Forum for Peace and Reconciliation will recall the skills she brought to bear there. All her judicial skills will be put to very good use when she joins the Supreme Court Bench. We also wish the Chief Justice and Mr. Adrian Hardiman well.

I agree with Senator Costello on the publication of reports. I accept the Public Accounts Committee sub-committee which reported was a Dáil group and I appreciate why, in those circumstances, they felt it appropriate to circulate the report only to the Dáil. However, it is a recurring problem that Senators are not circulated with documents that are freely available to Deputies. It would improve our performance as legislators and public representatives if these documents were made more fully available to us.

I have three brief points to make. I ask the Leader to ask the Minister for Public Enterprise to speak to the House or to report on the safety aspect of commuter rail, given that on three occasions serious accidents were only narrowly averted when people fell between the carriages of the DART due to the crush of people on the platform. Concern about these issues has been raised in CIE. I understand a voice-over service will be provided. We must introduce measures to try to prevent accidents rather than have to explain them afterwards.

I note with dismay in this comprehensive documentation that there is no reference to the review of the censorship laws promised by the Minister, Deputy O'Donoghue, last summer.

We have lived with the dreadful imperial anomaly of ground rents for a long time. I thought they were to be abolished with one stroke, so to speak, but I am disappointed that item 74 on page 9 of the document states that it is not possible at this stage to say when that will be done. Will the Leader indicate when it will be possible to abolish ground rents?

In relation to a report on the level of absenteeism in our schools submitted to the Oireachtas Joint Committee on Education, Science and Technology, it is disturbing that a consortium of organisations which contributed to that report found that more than 30% of students are still leaving school before they reach the age of 15. Given that the Education (Welfare) Bill is going through the Dáil, that we dealt with that Bill in this House and a good deal of research was carried out on the level of school absenteeism, I question the accuracy of this information. In light of rumours of a high level of absenteeism, the Minister should report to the House on this matter. The public are concerned about the level of school absenteeism at a time when there is so much talk of the Celtic tiger. The findings of this report are disturbing and a discussion on this matter would be appropriate.

In relation to the retirement of Minister for Foreign Affairs, Deputy Andrews, I worked closely with him over a number of years on the parochial front and prior to that my father worked with him since he was elected to the Dáil in the 1960s. When my party was in Government in the 1980s and I was a young public representative, I recall attending residents meetings and the Minister on occasions saying, "Cosgrave, will you arrange that deputation?" In the 1990s we held clinics a few yards apart in the same hotel and when some difficult cases were presented by constituents, I told them the Minister, Deputy Andrews, would deal with them. I wish him well and also extend good wishes to his wife, Annette.

Clinics in hotels.

Very posh.

I support the call, on which there is a consensus, for a Shannon authority or a body that would have overall responsibility for the control and co-ordination of activities on the River Shannon. I am not sure whether that could be dealt with in the River Shannon Council Bill which has had a reading in this House or through another body. We must progress towards establishing such an authority to ensure communities will not have to endure a repeat of the recent flooding.

Will the Leader raise with the Government the position of student nurses who are expected to do a degree course? They are probably the only group who are discriminated against as regards third level fees. It is inappropriate that a person who has a diploma is expected to do a degree without any support from the State. Their fees are not even paid. There is a case to be answered and the matter should be addressed through the appropriate channels. This may be through individual health boards, such as the Eastern Health Board which is paying 50% of the fees of permanent nurses. However, this is not happening in other areas. The nurses have a case and I ask the Leader to bring it to the attention of the Minister for Health and Children and the Government.

There is all-party agreement on the urgent need for a single authority, council or body to manage issues relating to the River Shannon. It has taken floodwaters lapping around the ankles of Ministers for this matter to get the attention it deserves. It should not be necessary to wait for such serious flooding to have this major issue debated. In common with other Members, I urge the Leader to talk to his local colleagues and senior Ministers and ensure legislation is introduced urgently on this matter. Such legislation is urgently needed and the Government will be neglectful of its duty not only to people who live in the Leader's area but also to all those who live along the River Shannon if this matter is not taken seriously in the immediate future.

The recent study on radon gas levels in schools makes worrying reading. It was carried out by the Radiological Protection Institute of Ireland and covered 685 schools. A total of 175 of those schools have levels of radon gas which are unacceptably high. In view of the health hazards attached to radon gas, I ask the Leader to invite the appropriate Minister to the House to discuss the matter. I and other Members are aware of growing concern about the levels of this gas.

I join other Members in paying tribute to—

Mr. Ryan

Senator Flanagan.

The "F" word has been used with "Lanigan" on other occasions but not in the same context. I join other Members in paying tribute to the Minister for Foreign Affairs, Deputy Andrews. I knew the Minister before he entered politics and he has been a gentleman in every area of his life. He was also capable of taking on responsibility and he had the capacity to let other people do their jobs without interference. He was the type of boss or chief executive officer who could give responsibility to others and let them get on with the job. He will be missed by the Government and when he leaves national politics at the next election.

The HIV/AIDS strategy for the Irish aid programme was launched yesterday, particularly with regard to HIV and AIDS in sub-Saharan Africa which is a development issue for Irish aid. Will the Leader arrange a discussion on this report and the overall Irish aid programme at an early date? The most recent statistics on HIV and AIDS in the African continent show that in 1998 a total of 33 million people were affected by HIV and the rate was rising by 16,000 people a day.

Some 95% of the people affected by the virus are in the poorest countries in the world from Africa to rural India and on to the CIS and Eastern Europe. The West has in a sense dealt with or contained the problem through research and funding. However, the West's capacity in this area is not being transferred to poorer countries. The statistics show that 33 million people, which is ten times the population of Ireland, are affected by HIV. That is not the true picture because many of those who die from tuberculosis in these countries are infected with HIV. As a western country we have to do something about it. I ask the Leader to allow time to discuss this matter. Senator Henry has just returned from countries where there is an epidemic of HIV and a waste of human resources. I have been to countries where in one instance 63% of those tested were HIV positive. As part of the western economic booming world this is a matter we have to address carefully.

I ask the Leader to bring to the attention of the Minister for Health and Children the need to improve the position in regard to the training of nurses, the grave shortage of nurses in our communities and hospitals and the fact that surgeons cannot operate at critical times due to staff shortages. In that context the protest outside the House today is shameful and student nurses ought to be treated fairly and properly paid to attend courses rather than, effectively, fined for their wish to help and serve their community.

Having been to Uganda and Zambia I support Senator Lanigan's call for a debate on HIV-AIDS in that area. The Irish aid effort is truly remarkable. The support we have provided has helped to feed 11,000 orphans in the town of Kitwe in the Copperbelt alone. It seems to be nothing but bad news there with the health indicators going backwards by the hour and 20 to 30 years of improvements in health care being lost within as many months. Our efforts are enormously important. I compliment the Minister of State, Deputy O'Donnell, on the report she initiated which was published the other day.

I join with Senators Lanigan and O'Meara's request to allow time to debate the serious problem of the flooding of the Shannon. It is important that Government time be allowed to debate this matter. In the event that Government time is not allowed, the Fine Gael Party will table the Shannon River Council Bill for our next Private Members' time.

I join with Senator Lanigan and other speakers in their compliments to the Minister for Foreign Affairs, Deputy Andrews, who has been a wonderful Minister and has done great work in regard to the peace process in Northern Ireland and equally in the Third World and in areas of conflict such as East Timor where his contribution made a huge impact in attempting to resolve the problem. We have been fortunate to have in Deputy Andrews a Minister who is sociable and well able to articulate the face of Ireland abroad. In losing him from Foreign Affairs we lose one who has had a distinguished career. I wish him and his wife well.

I too wish to join with Members in wishing the Minister for Foreign Affairs, Deputy Andrews, well in the future. He is one of the two longest serving Fianna Fáil Members in the Dáil, having entered the Dáil in 1965. He has been dedicated to public service and to the Fianna Fáil Party. His skills and dedication as a Minister will be missed. However, he leaves behind a proud record of achievement. His time as Minister for Foreign Affairs was the pinnacle of achievement for a man who was marked out for public life and public service, having been elected in 1965 to serve the people of Dún Laoghaire, a constituency he will continue to represent. It was never a surprise that he would enter politics and public service. Being a son of the late Todd Andrews he was steeped in republicanism. It has been his honour over the years to have served under every Fianna Fáil Leader since Éamon de Valera was Taoiseach. He showed early promise as Government Chief Whip, Parliamentary Secretary and Minister of State but it was not until he was elevated to the Department of Foreign Affairs by the then Taoiseach, Deputy Albert Reynolds, that he came into his stride. He also served as Minister for Defence and the Marine. However, it was at the Department of Foreign Affairs that Deputy Andrews showed real conviction and vision. He was a major player in achieving the breakthrough in the North and in bringing us to the exciting point at which the nation now finds itself. Above all else he achieved as Minister this brought him the greatest sense of personal achievement.

As a Minister and previously, Deputy Andrews has always been strongly dedicated to supporting human rights issues. He was a vigorous campaigner on behalf of the Birmingham Six and showed a particular energy in addressing the plight of the oppressed in the Third World and other troubled areas.

He has a proud record of achievement in foreign affairs. Following such people as Frank Aiken, he built on Ireland's influence on disarmament and neutrality and on Ireland's engagement with the UN. Last year he took a particularly proactive stance on East Timor. He was very vocal on the Kosovo crisis and during his time as Minister for Foreign Affairs he undertook high profile visits to Somalia, El Salvador, Nicaragua and Algeria in support of Irish development aid and human rights.

He has been vigorous in the important work in securing a place for Ireland at the UN Security Council and at the time of his resignation was Chairman of the Committee of Ministers of the Council of Europe which made important interventions in the Balkan and Chechnya crises.

I had the great honour when I became a Member of Seanad Éireann of sharing an office with Deputy Andrews. I learned a great deal about politics from watching the way he conducted his business over my first five years as a Member. We in this House salute his achievements and dedication to public service, and look forward to his continuing involvement in the important work of the Houses of the Oireachtas.

I join Senators, on behalf of the House and the Fianna Fáil Party, in offering my sincerest congratulations to Mr. Justice Ronan Keane on his appointment as the new Chief Justice. Mr. Justice Keane is one of Ireland's most experienced legal brains and he has long experience at the Bar. I also congratulate former Member of the House Ms Justice Catherine McGuinness and Mr. Adrian Hardiman on their appointments to the Supreme Court.

On the Order of Business, Senator Manning inquired about legislation for the coming session. I will have this for the House tomorrow morning. As the session goes right up to Holy Week, which is the third week in April, there is quite an amount of legislation to be processed by the Seanad and Dáil.

I share the view expressed by Senators Manning, O'Toole, Costello and Dardis who requested that the Chairmen of the Committee of Public Accounts and the All-Party Committee on the Constitution come to the House and that we debate these two important matters.

In addition to the Senators I mentioned already, Senators Finneran, O'Meara and Taylor-Quinn expressed their great concerns about the River Shannon area and the major flooding which took place there over the Christmas recess. I am in favour of the Seanad taking the Shannon River Council Bill, which is a Fianna Fáil Bill, and I will endeavour to do everything possible to have the Bill processed in this House in this session. I, along with other Members of the Oireachtas and members of local authorities, visited the River Shannon area and experienced the dreadful flooding conditions and the shocking plight of those who are trying to eke out an existence on the lands adjacent to the Shannon. The Government must address the matter seriously.

I do not know whether the National Minimum Wage Bill will be a Seanad or Dáil Bill but I will notify the House of that in the morning. The Bill was published today and I welcome it. I congratulate the Government on bringing it forward.

Senator Costello also asked that the Minister for Public Enterprise, Deputy O'Rourke, should attend the House to inform it of the Government's plans for airports. He requested a debate on the future of our airports. Senator Finneran called on the Minister for Health and Children to explain the situation regarding fees payable for student nurses' degree courses. I will convey the Senator's concerns to the Minister immediately and there will be no problem in having such a debate if it is requested.

Senator Ridge has asked me to inform the Minister for Public Enterprise of her concerns about commuter rail safety, and I will do so. She also called on the Minister for Justice, Equality and Law Reform to examine the fact that a review of the Censorship Board is not included in forthcoming business. I will pass on the Senator's views on that matter.

As regards legislation on ground rents, I can inform the Senator that this matter will come before the House in mid-2001.

And the Shannon will be drained in the same year.

He is a very far-seeing Leader.

Please allow the Leader to reply.

I will pass on Senator Ormonde's views and concerns to the Minister in relation to the matter she raised. If the Senator requests time for a debate, I will allow time for it.

Senator Ó Murchú mentioned the high levels of radon gas in schools. Senator Coogan has also raised this matter on many occasions and I know there are very high levels of radon gas in counties Tipperary and Westmeath. I will certainly allocate time for a debate on the matter.

Senators Lanigan and Henry called for a debate on HIV and I will also allow time for that. Senator O'Dowd called on the Minister for Health and Children to examine the shortage of student nurses and I will pass on his views to the present Minister.

Is the Order of Business agreed to?

I take it that we are only taking Committee Stage of the Irish Nationality and Citizenship Bill today.

We can review progress at 5.55 p.m., if the Senator wishes.

Mr. Ryan

No.

A Chathaoirligh, could I, for clarification—

The Leader has replied and I must put the question.

Mr. Ryan

What is the question?

Could the—

Perhaps he could—

The Leader has clarified the situation and has said that he is prepared to review progress on Committee Stage at 5.55 p.m.

We do not find that acceptable, unless he wishes to make a further clarification.

Question put.

Callanan, Peter.Cassidy, Donie.Chambers, Frank.Cox, Margaret.Cregan, JohnDardis, John.Farrell, Willie.Finneran, Michael.Fitzgerald, Liam.Fitzpatrick, Dermot.Gibbons, Jim.Keogh, Helen.Kett, Tony.

Kiely, Daniel.Lanigan, Mick.Leonard, Ann.Lydon, Don.Mooney, Paschal.Moylan, Pat.O'Brien, Francis.O'Donovan, Denis.Ó Murchú, Labhrás.Ormonde, Ann.Quill, Máirín.Walsh, Jim.

Níl

Caffrey, Ernie.Cosgrave, Liam T.Costello, Joe.Doyle, Joe.Henry, Mary.Manning, Maurice.

O'Dowd, Fergus.O'Meara, Kathleen.O'Toole, Joe.Ridge, Thérèse.Ryan, Brendan.Taylor-Quinn, Madeleine.

Tellers: Tá, Senators Farrell and Gibbons; Níl, Senators Costello and O'Meara.
Question declared carried.
Barr
Roinn