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Seanad Éireann díospóireacht -
Wednesday, 8 Mar 2000

Vol. 162 No. 13

Order of Business.

Today's Order of Business is Nos. 2, 3, 4 and 20, motion 10. No. 2, motion re Freedom of Information Act, 1997 (Prescribed Bodies) Regulations, 2000, shall be taken without debate. On No. 3, National Beef Assurance Scheme Bill, 1999 [Seanad Bill amended by the Dáil], Report and Final Stages shall be taken today. No. 4, resumed statements on the Irish language and the Gaeltacht, shall be taken at the conclusion of No. 3. No. 20, motion 10 shall be taken between 6 p.m. and 8 p.m.

The Order of Business is agreeable. Regarding No. 2, the Freedom of Information Act, I raised this issue before and the Leader inadvertently did not come back to me on it. I made the point that the freedom of information legislation needs to be reviewed and that, while it operates beneficially in many ways, it also creates practical problems for a great number of people and has generated a new industry. While approving the principle, we should have a detailed review of how it has operated.

Will the Leader indicate the legislation he proposes to introduce between now and the end of this session on 20 April, and especially if any new Bills will be initiated in the Seanad?

Will he invite the Minister for Arts, Heritage, Gaeltacht and the Islands to discuss two serious issues with Members? One is the plans for digi talisation and the future of RTÉ in that. There is confusion surrounding the matter and we would like to have that dispelled. The other is the future of the Arts Council.

I ask the Leader for an urgent debate on the circumstances surrounding the resignation of the chairman of CIE and the controversy which has ensued. We take this matter so seriously we are prepared to have the debate at any time today, including before or after but not during bath time.

It is proposed to take the Freedom of Information Act draft regulations today without discussion. I wish I had an opportunity to discuss this matter with the Leader because part of it deals with complaints, particularly in relation to equality. I do not approve of the draft regulations.

I asked the Leader three weeks ago for a debate on transport. I indicated then that I had raised the matter with the Minister for Public Enterprise and that she was content to come into the House to explain the industrial relations issues and the other issues which have now come to a head. I am sorry that debate did not take place in time, although the Leader gave an undertaking that he would facilitate it. I support Senator Manning's view that it is important for this debate to take place now.

What is the Government's position on the Telecommunications (Infrastructure) Bill, 1999? We could all rest easy if it amended it or took it off the Order Paper. We are entitled to know what is happening.

I ask the Leader to indicate when the National Minimum Wage Bill will be taken in the House.

All Members have spoken about the Telecommunications (Infrastructure) Bill, 1999, which is important given the speed at which the telecommunications industry is moving. We must ensure that a proper infrastructure is provided so that Ireland is at the cutting edge of this new industry. Perhaps the Leader will indicate when that legislation will be taken in the House.

As regards the Freedom of Information Act draft regulations, we had discussed the possibility of information being given to us prior to the draft regulations being taken in the House without debate so that we would have some knowledge of their content. As other Senators have said, a review is required in relation to the Freedom of Information Act. It would be good if an explanatory memorandum was circulated to all Senators in advance.

I agree with Senator Manning and Senator O'Toole about the resignation of the chairman of CIE. We are owed an explanation by the Minister for Public Enterprise. She should come into the House for a wide-ranging debate and not just on this issue. Three chairmen have left in a number of months. That is careless if that is all that is involved.

That is not an original statement as Deputy Stagg made it.

There has been ample discussion on the issue in the other House but there has been no discussion here. The Minister should come into the House to discuss the direction she is taking in the semi-State sector.

Will the amendment to the Health Act, which the Minister for Health and Children spoke about yesterday, be taken in the House? Members on all sides of the House have called for a debate on the tobacco industry. As today is Ash Wednesday, I ask the Leader to arrange for such a debate, particularly in light of the allegations in the report the Minister published yesterday that the tobacco industry is targeting children. Will the proposal made in the report that the health budget be dealt with in the context of the tobacco industry making a contribution be taken up?

Last week I asked the Deputy Leader if he would arrange for the Minister for the Environment and Local Government to come before the House to discuss the issue of litter pollution. I pointed out that this is the most visible of the various forms of pollution. The media has focused closely on litter in the intervening week and there is ample evidence to suggest that instead of getting better the situation is getting worse. A country like Ireland which is so dependent on the tourism and food industries for its economic survival can ill afford to take such a cavalier approach to litter. I request that the Minister come before the House to demonstrate that he and the Government are serious – if indeed they are – about tackling this problem and indicate what new initiatives will be put in place to enable this matter to dealt with successfully.

Almost every Senator in the Chamber is offering on the Order of Business and I ask Members to be both brief and relevant.

Today is International Women's Day and we are celebrating the considerable advances made by women. We will be debating this matter further at Private Members' time on the motion tabled by Senator Norris. I take this opportunity to request that the Minister for Justice, Equality and Law Reform come to the House to discuss constructive ways of dealing with the increasing level of violence against women. That aspect is the dark side of the issues which affect women.

I agree with Senator Quill that a debate is needed on innovative ways to eliminate litter pollution. It is extraordinary, for example, that Limerick County Council employs only two litter wardens to deal with the entire county. Funding and resources are needed to aid the battle against this ongoing problem.

Given that this is the European year of the tree and that the Minister of State at the Department of the Marine and Natural Resources, Deputy Byrne, successfully negotiated an improvement in grants with the European Union last week, will the Leader arrange for a debate on tree planting in Ireland? Will he invite the Minister to come before the House to discuss the matter, particularly in view of the fact that tree planting is seen as an alternative form of activity on farms and as being beneficial for the economy and the environment?

I support Senator Manning's request for a debate on the resignation of the chairman of CIE because I would welcome the opportunity to strongly support the Minister. If we do have such a debate I hope that it will be conducted in a dignified manner and that we will be spared the kind of remarks made by Deputy Yates about people dropping towels, etc. That does not add to the dignity of politics, a discussion about transport or the resignation of a chairman.

Senators

Hear, hear.

With regard to this evening's Private Members' time, I take this opportunity to ask the Leader to see if it would be possible to encourage the Government to withdraw its amendment. It is appropriate to raise this point on the Order of Business because it is International Women's Day. All the motion does is urge the Government to take certain action. I am prepared to amend it to say that "Seanad Éireann urges the Government to consider the establishment of a national paid holiday". The Government's amendment is so bland that it is utterly limp and useless. It notes the fact that—

We cannot debate this matter now but I am sure if they meet after the Order of Business Senator Norris and the Leader of the House can reach a satisfactory way to resolve this matter.

And avoid a vote.

I hope so because Fianna Fáil and the Progressive Democrats will embarrass themselves terribly—

That is not possible.

—if they push the matter to a vote. I ask the Leader to withdraw the amendment and allow us to pass the motion without a vote. If the amendment stands and there is a vote, it could return to haunt Fianna Fáil.

I support Members who requested a debate on the problem of litter. Every time one goes into a newsagent's shop or supermarket the staff try to force plastic bags on one. If one buys a newspaper they try to put it in a bag.

These points can be made in the debate which has been requested.

We should discuss this matter. The only way to eliminate this problem is to substantially increase the fines.

The journalist John Pilger presented a programme on Channel 4 on the situation in Iraq where 4,000 children are dying every month because of a lack of medicines resulting from a UN embargo. The UN's agencies, such as UNICEF, the WHO and others have accused the US and Britain of directly preventing the delivery of food and medicines resulting in the deaths of 4,000 children per month. It is very important that we debate this issue at the earliest possible opportunity.

Hear, hear.

The British Secretary of State categorically stated that he would not appear on the programme because he did not wish to appear with dead and dying children. The US Secretary of State, Madeleine Albright, stated that she—

The Senator has made the case for a debate and we cannot—

It is time we took note of this situation where 4,000 children are dying per month because of the actions of two members of the UN Security Council. UNICEF and the WHO have acknowledged the position and we should discuss this matter before another 4,000 children die in Iraq next month.

I support Senator Manning's call for a debate on CIE but with respect to colleagues I am convinced that all Senators will be in receipt of free travel before the Luas is on track.

The Senator is not that old.

Will the Leader arrange for a debate on the fact that the State is paying in excess of £3,000 a week for what are now called "out of control children"? As a member of a health board I can inform the House that this problem was signalled at least five years ago. We are exporting our problems once again because the Department of Health and Children has not taken on board the need for an intensive service to deal with this section of the community.

The Senator is lucky she is not a teacher.

On International Women's Day will the Leader ask the Minister for Health and Children to give special attention to the plight of female home help workers who are employed by health boards on very low hourly rates of pay? We should not wait until the minimum wage legislation comes into force to deal with this issue but we should take action this year as a major gesture to this group of women and carers.

When will the House take Committee Stage of the Shannon River Council Bill? I support Senator Lanigan's call for a debate on the disgraceful situation in Iraq. Senator Lanigan should raise this issue with the Minister for Foreign Affairs, Deputy Cowen, and we as a nation should distance ourselves from British and US actions in this matter.

I thank Senator Lanigan for raising the issue of Iraq. I support the views expressed but refute Senator O'Meara's comment that this country is not taking a leading role on this issue. This situation involves a UN Security Council decision and in the context of my request—

We are not going to debate this matter, Senator.

A Chathaoirligh, I am not going to debate the matter but this is a very serious issue. Many serious issues have been raised by Senators on the Order of Business but children in Iraq are dying as we speak mainly because of the interests of big powers, particularly those of the US and the UK. The UN Security Council made this decision and Ireland is seeking membership of the council. Countries across the world have supported Ireland—

I realise that this is a very serious matter and that is why I allowed such latitude to Senators to seek a debate. The debate has been requested and the case has been made, and I ask the Senator to be as brief as possible.

A Chathaoirligh, I appreciate the difficulty you face, particularly on a busy day when so many Senators wish to speak. I do not wish to monopolise time and I am grateful to you for the latitude you have shown. However, I am very angry about this situation. John Pilger is a journalist of international repute. He was the first person to highlight the situation in East Timor, before it was on any other agenda. He has now highlighted the situation in Iraq and the world should wake up. I ask the Leader of the House to request that the Minister for Foreign Affairs come into the House at the earliest possible time following St. Patrick's Day so we can find out Ireland's current position.

All these question can be put in that debate.

Before Christmas the Mental Health Bill was published. It was very welcome because it has been sought for 20 years. It is not, however, making much progress in the Dáil. Changes to procedures for involuntary admission to mental hospitals are an important aspect of the Bill. Recently there have been some tragic episodes involving fatalities which might not have occurred had the procedures for involuntary admissions been different. Would it be possible for the new Minister for Health and Children to introduce this Bill in the Seanad first? This House has more time to debate such matters and it could then be passed as rapidly as possible. The legislation is badly needed.

Senator Norris will embarrass himself by urging the Government to consider a national paid holiday which will widen the gap between women who work at home and women who work outside the home.

We cannot pre-empt the debate on the Private Members' motion during the Order of Business. Those points can be made in the course of the debate.

Given that it is International Women's Day, will the Leader arrange a debate on the report of the Interparliamentary Union on women in politics throughout the world? We could examine how to encourage more women to become involved in politics and how to enhance the role and contribution they make.

There has been a huge decline in the percentage of the population covered by the medical card.

Thank God. They are getting well paid jobs.

Inflation has not been taken into account.

Is the Senator seeking a debate?

I am. We are creating a new poor and the situation must be redressed.

I support Senator Manning's call for a debate on CIE. Something is rotten in the relationship between the Department and CIE. Many questions have not been answered and the least we are entitled to is transparency about the Government's handling of the situation.

Could the Leader find time for a broadly based debate on education? A target was set for 90 per cent of students to remain in second level education until the leaving certificate. I was not happy with that figure at the time but, according to the figures published last week, only 80 per cent are reaching that standard. Furthermore, the recent White Paper on adult education shows that when people have been failed by the education system, they should be given a second chance. There is an urgent need for a debate on this matter.

The Minister must come to the House so we can encourage him to put the de Buitléar report on third level education into the nearest bin. It contains a narrow, defeatist attitude that I thought we had put behind us. I would hate to think that it might gain credence by not being debated.

I support Senator Henry's remarks on the Mental Health Bill and involuntary admissions. Those of us who work in the area know the importance of provision for such admissions. I call on the Leader to arrange a debate on drug abuse. The actions of the Minister for Health and Children in relation to smoking cigarettes are worthy of note. It is important to have this debate, having gone through with other Members of this House the preparation of a paper on cigarette smoking and recognising that tobacco companies will deny that tobacco smoking is addictive and will say that all the way to hell and back.

A debate on the resignation of the chairman of CIE would be another opportunity for the Minister to demonstrate how much she has done in this area and it will also be an opportunity to point out the policy of abandonment of the rail service by the Opposition parties in the mid-80s.

I support the call by Senator Manning to have a debate on the recent resignation of the chairman of CIE and I ask that the issue of safety generally be a part of that debate, in particular the recent report of the IRMS on rail safety. I ask in that context that the Health and Safety Authority be appointed as an independent safety regulator for all transport in this country – land, sea and air.

I support the call to have the Mental Health Bill debated in view of the fact that there is a totally inadequate number of consultants in the service. There should be many more consultants in the mental health services. In the criticism of the mental hospitals by the Inspector of Mental Hospitals, the Louth-Meath service was singled out for attention, as was the need for more consultant involvement in decision making, an increased number of social workers and psychologists to deal with the mental health problems of the community, and the fact that our mental health services have the Cinderella role among all expenditure areas and are disgracefully underfunded.

The best way of celebrating International Women's Day would be to combine the wishes of the Government and the Opposition and ask the Minister for Public Enterprise, Deputy O'Rourke, to come in and be applauded. I would be the first to applaud her for her stewardship of Aer Lingus, CIE, Eircom and all the others.

Hear, hear.

I deplore the suggestion that we should have a debate on the resignation of the head of CIE because that would be further inter ference by the Opposition in the affairs of CIE. One cannot have it both ways in CIE. CIE has its problems because it is a "State enterprise", if that is not a contradiction. If it is in the State sector the Minister will always intervene, whether one likes it or not, because she is the single shareholder. If it is floated off into the private sector, that will be a very different matter but to blame the Minister for the resignation of Mr. Brian Joyce is patently absurd. He is acting in a public capacity.

Hear, hear.

These points can all be made during the debate which has been requested.

I disagree with Senator Ross's position on the issue. It is a very serious matter. A very serious report has been published which deserves a debate in this House. Senator Manning has called for that debate and I fully support him. Senator O'Dowd clearly stated 15 months ago the essence of this report and the interference at that time. There is a need to air the full details of that report in this House. I appeal to the Leader to provide time as soon as possible.

I also ask the Leader to provide time to debate Government policy on decentralisation. It is a fundamental issue important to rural renewal, to enliven rural communities and bring people back to depopulated areas

Bring back the west Clare railway.

I would appreciate it if time could be provided to allow a debate on Government decentralisation policy.

Senator Manning's and Senator O'Toole's call for a debate and a detailed review of the Freedom of Information Act is a very good idea, for which there will be time. Bills coming before the House during the two weeks after the St. Patrick's Day recess are the Finance Bill, the Social Welfare Bill and the Minimum Wage Bill, all of which must be passed by the House and enacted by 1 April.

Senator Manning called for a debate with the Minister present on the future of the Arts Council, which is a very good idea. I will endeavour to have this debate. Senators Manning, Norris, Costello, Ridge, Glynn, O'Dowd, Ross and Taylor-Quinn expressed their views on the Minister for Public Enterprise coming to the House for a debate on CIE and rail safety. The Minister will be able to come into the House with great pride for such a debate. Deputy O'Rourke is one of the most efficient Ministers in the Cabinet; indeed she is one of the most efficient Ministers we have had for many years. I will endeavour to organise this debate which will also cover the issue of transport, as requested.

Senators Costello and O'Toole expressed their concerns about the Telecommunications (Infrastructure) Bill. The Minister for Public Enterprise has ensured that Ireland is a world leader in e-commerce and other aspects of telecommunications. I will inquire again what the Government's policy is in regard to the Bill.

Senator Costello called for a debate on the tobacco industry and I will leave time for this. Senators Jackman, Lanigan and Quill called for a debate on litter pollution and I will also leave time for such a debate. Senator Jackman expressed her views on International Women's Day and I will pass those on to the Minister. Senator Callanan called for a debate on tree planting and I will allow time for this.

Senators Norris and Cox expressed their views about the Private Members' debate this evening and I will discuss this issue and the proposed amendment with Senator Norris following the Order of Business. Senators Lanigan and Mooney called for an urgent debate on Iraq and the serious problems being experienced there and I will arrange for this debate to take place in the first ten days when the House reconvenes after the St. Patrick's Day break.

I will pass Senator Ridge's views on children who are out of control to the Minister. Senator O'Meara called for an urgent debate on home helps – legislation in this regard will come before the Seanad the week after the St. Patrick's Day break and that will provide the earliest possible opportunity to discuss this issue.

I note that one particular Opposition party has hijacked the Shannon River Council Bill, an all-party Bill which was agreed on Second Stage in the House, through placing advertisements in local newspapers. That is not the spirit in which we, on this side of the House, agreed to the Bill. I will consider the position in regard to this Bill and intend to discuss it with the leader of the party in question. A person's word is his or her bond—

On a point of information—

The Leader must be allowed to reply without interruption. There is no such thing as a point of information.

On a point of order, the Leader has alleged that the proposer of the Bill hijacked it through advertising in local newspapers. I can state categorically that I have not placed advertisements in any newspapers.

That is not a point of order and that is not the point the Leader made. The Leader to continue his reply, without interruption.

I did not make an allegation, I made a factual statement.

It is untrue. The Leader should withdraw that remark. Will he name the people who placed these advertisements?

It would not be appropriate to name the people.

Did I place an advertisement in the newspapers?

The Senator must cease interrupting the Leader.

The Leader has a responsibility to tell the truth in this House. He stated that the proposer of the Bill placed advertisements in local newspapers.

The Leader did not state that the proposer of the Bill placed advertisements in the newspapers.

What did he state?

The Senator should have been listening.

I heard what the Leader said.

I said we had an all-party agreement—

There was no all-party agreement.

This Bill was introduced by Deputies Daly and O'Kennedy when they were Members of this House and was reprinted in the names of Senators Taylor-Quinn and O'Meara who reintroduced the Bill to the House. I discussed the Bill at length with various Senators and, in the best interests of the people living near the Shannon, Fianna Fáil agreed to this Bill on Second Stage—

On a point of order, the Order of Business is being brought into disrepute by a travesty of the facts on the part of the Leader. Everybody knows that this Bill had to be rammed down his throat. We had to raise the issue of the Shannon River Council Bill day after day in this House.

That is wrong. Withdraw that remark.

(Interruptions).

The Leader should apologise.

If Senator Manning will resume his seat, the Leader will proceed with his reply to the Order of Business.

This Bill was introduced by Deputy Daly and was changed, word for word, into Senator Taylor-Quinn's name. I will convey Senator Coghlan's question on medical cards to the Minister. Senator Quinn called for a debate on education, to which I will allocate time. Senator Glynn requested a debate on drug abuse, to which I will also allocate time.

Senator Taylor-Quinn inquired about the Government's decentralisation policy. Every Member of both Houses is interested in this. I would love to see Government offices decentralised to Mullingar and Castlepollard, the same as Senator Taylor-Quinn would like to see in her constituency. However, I was not a member of Government as she was. Perhaps there will be equality some day. We can leave time for this at some future date.

Will the Leader leave something in Dublin?

Is the Order of Business agreed?

On the condition that the Leader will give us a definite date for Committee Stage of the Shannon River Council Bill.

Order of Business agreed to.
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