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Seanad Éireann díospóireacht -
Friday, 30 Jun 2000

Vol. 163 No. 26

Order of Business.

Today's Order of Business is Nos. 1 to 9, inclusive. No. 1, motion for the discharge of referral of trademarks regulations, 2000, to Joint Committee will be taken without debate. No. 2, motion approving trademarks regulations, 2000, will be taken without debate and No. 3, motion re the appointment of the Ombudsman to be taken without debate. On No. 4, the Gas (Amendment) Bill, 2000, all Stages will be taken today, with the contributions of spokespersons not to exceed 15 minutes and all other Senators not to exceed ten minutes. On No. 5, Hospitals' Trust (1940) Limited (Payments to Former Employees) Bill, 2000, all Stages shall be taken today, with the contributions of spokespersons and other Senators not to exceed ten minutes. On No. 6, Local Government (No. 2) Bill, all Stages shall be taken today, with the contributions of spokespersons not to exceed ten minutes and all other Senators not to exceed seven minutes. On No. 7, the Medical Practitioners (Amendment) Bill, 2000, all Stages shall be taken today, with the contributions of spokespersons not to exceed 15 minutes and all other Senators not to exceed ten minutes. On No. 8, the Electronic Commerce Bill, 2000, Report and Final Stages shall be taken today and on No. 9, the Copyright and Related Rights Bill, 1999, Report and Final Stages shall be taken today.

It is with reluctance that the Order of Business is agreed. To take four Bills on the last day and expect to finish them is questionable in the extreme. I would have thought there were better opportunities to discuss, as the Lower House is doing, issues relevant to the public with regard to the tribunals and other matters the Government has bungled. There could have been a great opportunity today, not for standing up and saying how wonderful the Government is, but for a genuine debate on issues of current interest. It is with reluctance that we are taking all Stages of four Bills on the last day of this session. It is not the way to do business in the House.

I am disappointed that the Leader did not refer to Tibet, as he had mentioned it yesterday. Perhaps we could have an hour or 30 minutes during which to discuss this issue. Item 23, motions 18 and 19, could be passed by the House without disagreement. I can confirm that these motions have already been passed by the French Parliament, and the French Administration is close to the Chinese, so I do not think it should cause any great problem.

It appears that the Minister for Arts, Heritage, Gaeltacht and the Islands is supporting the redevelopment of the Abbey Theatre at a cost of between £30 million and £50 million. Will the Leader pass on to her the suggestion made by the former city architect, Mr. Daithí Hanley, that since he had the distinctive foyer of the old Abbey Theatre carefully dismantled and numbered, it could be incorporated into the new structure? The old foyer is in Mr. Hanley's possession and many Americans universities are seeking to obtain it. We should incorporate it into the new design as a theatre museum, including costumes and programmes.

Perhaps the Minister could give the House some idea as to her plans for the Abbey, specifically signalling whether the old foyer can be included. If it is incorporated now at the design stage, we could have something really wonderful and exciting which would form a connection with the days of Yeats, Annie Horniman and Lady Gregory.

While the Leader of the House did consult me about the Order of Business, I cannot support it. We are putting through nine items, and if we accept the proposal by Senator Norris to include a further item on Tibet, which I believe was promised yesterday, then ten items will be dealt with today, including all Stages of four Bills. Essentially, we are tidying up business from the Dáil. Those four Bills have not come before this House before, although they have been dealt with in the Dáil. The Dáil, however, has not tidied up our business. There are still ten or 12 Seanad Bills in the Dáil which have not been dealt with. It is inappropriate to spend the last day of the session tidying up some Dáil business.

If we are to deal with all Stages of four Bills, it means that we cannot examine and analyse them properly. We have said before that we do not want all Stages of any Bill taken in one day in the House, yet now we are expected to deal with four Bills in this way. I oppose the Order of Business.

I agree with Senator Coogan that what we should be doing is having a debate along the lines of the Dáil motion, where they are dealing with issues in the public domain, issues in relation to matters—

Yes, but we are not going to deal with those issues on the Order of Business.

I am asking the Leader of the House for a similar debate to today's Dáil business, instead of dealing with the matters before us. My proposal is for a debate on the state of the nation, including achievement and lack of achievement, critical issues, scandals, hospital waiting lists and housing lists. We should deal with current issues rather than having a hotch-potch of issues that amount to tidying up what the Dáil has been doing, while the Dáil has not tidied up anything we have done.

I share Senator Costello's concern that we are rushing through much Dáil business. I have an even greater concern, however. Will the Leader ask the Minister for Health and Children, when he brings the Medical Practitioners Bill to the House, if he will be prepared to give some replies on what is happening as regards the third dispute in which the health service employers are involved? It is beyond belief. There was a strike involving nurses and almost a strike involving non-consultant hospital doctors. The health service employers are now in dispute with the home help service. What is the situation in relation to industrial relations in this area given the problems? The Medical Practitioners (Amendment) Bill must be introduced because of the problems involving non-consultant hospital doctors. What will happen during the summer to all the old people who depend on home help?

Perhaps these points are more appropriate to the debate on the Medical Practitioners (Amendment) Bill later today.

My concern is that the Medical Practitioners (Amendment) Bill does not relate to home helps. Will the Leader ask the Minister to prepare to answer questions on this matter? There may be a long strike by these committed people during the next three months. Many of these people work on bank holidays and Sundays when they do not even receive the usual miserable amount of £3. I ask the Leader to address this as a matter of urgency and to ask the Minister to be prepared to indicate what is happening in this area because it is disgraceful.

Will the Leader pass on my congratulations to the Minister of State, Deputy Jacob, on the excellent work he is continuing to do in fighting for the closure of Sellafield? This is with particular reference to the article in today's newspaper which states that 12 of the 15 signatories to the OSPAR Convention have called for an end to nuclear reprocessing in Europe. This is an excellent and progressive step.

I ask the Leader to bring to the attention of the Minister for Health and Children and the Minister for the Environment and Local Government the need to treat all applicants for grants, who have the medical condition of clinical depression, with sympathy and the greatest possible degree of leniency. These people may be entitled to grants but do not apply for them because of their illness. This is a personal matter for a constituent of mine and it greatly concerns me that not enough attention, care and commitment are given to people who are unwell and suffering from depression. They are deprived of grants for which they would have qualified if they had been well enough to apply for them.

I support the recent return of Elián Gonzalez to his parents in Cuba. Oireachtas committees have met the Cuban ambassador and representatives of Cuba and this is an important change in international diplomacy. It indicates maturity on the part of all those involved and it will lead to improved relations. It is a welcome development for the people of Cuba and I hope some of the hardships resulting from embargoes will lessen and that this will benefit the people. I hope it will also lead to an opening of relations and a strengthening of the compatibility between the people in the area.

I call Senator Avril Doyle on the Order of Business.

I do not know if that is a reference to previous speakers or to my track record but I can ignore it for the moment while I work out what the Cathaoirleach meant.

It was in anticipation.

Senator Chambers was obviously in order because the Cathaoirleach did not call him to book. The House should note that the Elián Gonzalez case is a triumph in terms of the rights of children preceding diplomatic niceties. This is as it should be. As adults involved in running the world, if we can put our differences aside to ensure that the rights of the child take precedence, it will augur well for society gener ally. I support the points made by Senator Chambers.

I also support the point made by my colleague, Senator O'Dowd, and perhaps the matter should be properly debated. I ask the Leader to consider arranging such a discussion. In the agriculture sector, many farmers are missing application deadlines. Depression and mental health problems are rife among farmers. Many of them, through old age, cannot cope with the bureaucracy now needed for farming and they do not appreciate the importance of meeting a deadline on all application forms. Others, through depression, which is a serious problem in Ireland, particularly in rural areas, cannot cope either. I ask that medical evidence of genuine problems be accepted if they do not meet the deadlines for applications, rather than heaping penalties on them which are out of proportion to the offence. I add that to what Senator O'Dowd said about deadlines for environmental grants. The farming world feels there is a problem with too many deadlines.

I support Senator Coogan's comments that the number of items on the agenda for the final day does not allow us to do justice, as the Seanad can, to important legislation. I have always been a great supporter of the role of the Seanad. I have been critical that we have not always used it to best effect or revised our role to ensure we stay as effective as we can. The practice has always been that we sit a couple of days after the other House finishes to tease out properly legislation which comes from it.

It might be slightly ironic that I am asking for an extra few days when my attendance record is not too high. I decided to say that before the wits on the backbench said it. I recognise the irony but it does not mean I do not appreciate the role this House has always played and can play.

The Senator has made her point sufficiently.

Is there a reason we cannot do justice to the important legislation, including the Medical Practitioners (Amendment) Bill which Senator Henry mentioned, next Monday or Tuesday? Why is there a rush to finish everything today?

I am worried about the shortage of staff in local authorities and I ask the Leader to bring that to the Minister's attention. This is important from the point of view of implementing major projects. Given that we are initiating local government reform, it is important to consider staff requirements in all local authorities.

I second Senator Costello's amendment to the Order of Business.

Senator Costello did not move an amendment to the Order of Business. I understood he was opposing it.

My understanding was that I moved an amendment to the Order of Business.

The Senator did not formally move an amendment. My understanding was that he intended to oppose the Order of Business. In view of the misunderstanding, if the Senator wishes formally to move an amendment to the Order of Business, I will allow him to do so now.

I move an amendment to the Order of Business, that the first item on the Order of Business be the proposal currently being discussed in the other House.

That is formally seconded by Senator Avril Doyle.

This is like the last day of summer term at school where we have been given no homework. Since it seems unlikely that calls for a debate on certain subjects will be accepted, I will not make such a call.

I ask the Leader to note the disappointment of the House that the Minister of State at the Department of Public Enterprise, who has responsibility for the Sellafield issue, did not attend the OSPAR meeting yesterday at which the Irish motion to suspend nuclear reprocessing in Britain was not on the agenda. I have raised this matter twice in recent days. There may be solid reasons why he was here rather than there, but it is disappointing that the motion on ceasing nuclear reprocessing at Sellafield was not on the agenda in Copenhagen yesterday.

I ask the Leader to draw the attention of the Minister for Justice, Equality and Law Reform to the serious statement yesterday in the report of the Law Society of Ireland that the legal aid service for asylum seekers and refugees is totally inadequate. If the figures are correct, there are only seven solicitors in a group of 29 employees looking after 3,000 clients. Something must be done about this. I hope the summer will not go by without the Minister ensuring that action is taken on this important issue.

I share the concerns of Senators O'Dowd and Quinn and I know that the Members of the House must be absolutely horrified that our neighbour, Britain, is continuing to behave abominably in allowing such vast quantities of nuclear waste be discharged so frequently into the Irish Sea. As I understand it, that is in clear breach of an international agreement and of its international obligations. I know we cannot have a debate on this matter today. I always appreciate the Cathaoirleach's many kindnesses and as this is the end of term, I thank him—

The Senator anticipates me very accurately.

I usually do, and I am getting better at it, if I may say so. Seriously, I appreciate the efforts of the Minister of State, Deputy Jacob, but I would like to hear the Leader's response on the need for us to be relentless in our efforts to ensure that this appalling practice is discontinued and that this awful plant is shut permanently.

I share the concerns of my acting leader, and indeed the other speakers, regarding the four Bills being taken today. I thought we had an agreement some time ago in the House, which I thought would be honoured, that we would not rush through legislation in any one day. I do not know what can be done about that but we will wait to hear the Leader's response.

I want to address the issue of Sellafield and the work of the Minister of State, Deputy Jacob. Since I have done a lot of research on the work of the Minister of State, I ask the Leader to send my commendations to him, not my criticisms or my doubts, on the phenomenal contribution he has made in taking on the British and all other nuclear powers, the laudable lead he has given in that regard and his all out efforts to terminate the nuclear industry from the world stage. I could quote examples of that ad nauseam. If he missed one meeting I am prepared to forgive him. There must have been a genuine reason.

I ask the Leader to call on the Minister for Health and Children to set up, as a matter of urgency, in-service courses for hospital consultants in personal development and bedside manners. Not all, but a significant number, of hospital consultants seriously lack personal development skills and their bedside manners are akin to those of a pigsty keeper.

I hope the Cathaoirleach will not tell me this is not a point of order because I believe it is. Senator Quinn referred to the school holidays but when we went on our school holidays we got a school report. I have grave difficulty praising our school principal, if we can call him that, the Leader of the House, because he made a promise to me on two specific occasions. I referred to him before as a faithless lover and I have not changed my mind because he made two solemn promises to me and he has reneged on both of them. First, he promised he would bring the Minister into the House, and Senator Henry will agree with me on this, to review the laws on pornography. Senator Henry has referred to the disgraceful situation with regard to the pre-1994 videos. As a nation we are a disgrace because of the lack of action in this area.

(Interruptions).

I note my esteemed colleague, Senator Norris, always gets excited when I mention these matters.

That is what it is for.

I just wish he would not interrupt me because I am being serious about this matter.

The other request I specifically made concerned the homelessness issue which is escalating. If one walks down Molesworth Street at night or even early in the morning, one can see that the numbers of homeless people are increasing. The Leader of the House promised me a debate on that issue as well and I am disappointed it has not happened. If I was giving a school report, I would have to write "must do better" or "should do better and will have to do better".

Is he capable of doing better?

I believe he is.

Sin an cheist.

There is no point in making such promises if, like election promises, one is not able to deliver on them. I hope the Leader will not adopt a Pontius Pilate attitude during the next session. One cannot be popular as a Leader if one promises matters one knows in one's heart and soul one cannot deliver on. I am terribly disappointed, even disillusioned, about this. I hope there will be a very visible improvement in the attitude adopted by the Leader in the next session.

I made a special effort not to interrupt the Senator.

On a point of information, is it in order for a visiting Senator to overrule the decision of the Leader of the Opposition that he agreed the Order of Business?

It is actually.

Senators Coogan, Costello, Doyle and many other Senators expressed concern about the volume of business we have to conduct today. The conducting of such a volume of business in one day has not been the policy of this House, but the longest and fullest debate will be permitted on matters and all Members will be permitted to make whatever contribution they wish. We can stay here for the longest time. However, I cannot understand a Member who raised a particular matter on the Order of Business, but was not here yesterday when a state of the nation address was made by the Minister for Finance. I will say no more about that. Such inconsistency must be acknowledged.

That was totally irrelevant. It was a specific item. One does not make a state of the nation address on an ad hoc issue.

I know, through contributions made in the other House, the general public has acknowledged—

One does not make a state of the nation address on an ad hoc issue.

(Interruptions).

Let us hear the Leader without interruption.

I fully understand how the general public have acknowledged that.

The Gas (Amendment) Bill is short. With regard to the Hospitals' Trust Bill, that goes back to the Cumann na nGael time. The people concerned have been left with practically no pension. All Members, irrespective of the political party of which they are members, if they are fair minded, would commend the Minister concerned for looking after those people.

I have no problem with that.

I thank Senator Coogan for his co-operation on this.

There are two sections to the Local Government (No. 2) Bill, which is to enable the appointments of county managers to be extended from five years to seven years.

Senator Henry will appreciate the importance of No. 7, given that tomorrow doctors who come from countries outside the EU will come to the assistance of patients—

If we can find any of them.

—and the contracts of those doctors will be extended.

I fully agree with all the concerns expressed by Senator Ridge but I have tried my utmost to facilitate all Members during this session.

I will allow time for short statements at the conclusion of business on the item raised by Senator Norris, as I have given a commitment on that matter.

I take it that motion will be passed as a result?

Thank you.

I will also pass on the Senator's views regarding the £50 million proposal for the Abbey Theatre to the Minister for Arts, Heritage, Gaeltacht and the Islands, Deputy de Valera. It is important to develop the fibre of Dublin city. I welcome that news and agree with the sentiments expressed by the Senator.

Senator Henry can raise the points she made when the Minister for Health and Children is in the House. I am sure the Cathaoirleach will allow her some latitude.

Senators O'Dowd, Quinn, Coghlan and Liam Fitzgerald welcomed the efforts and good work of the Minister of State, Deputy Jacob, regarding Sellafield. I join with those Senators in that I also look forward to the day when the Sellafield plant will be closed.

Will we see that day?

Everyone in Ireland would agree on that.

I will pass on the views of Senators Chambers and Doyle regarding Elián Gonzalez to the Minister for Foreign Affairs.

I will also pass on Senator Ormonde's views about staffing levels in local authorities to the Minister concerned. If she requires a debate on that matter in the next session, I can consider it. I shall convey Senator Quinn's views to the Minister regarding the shortage of legal staff in relation to asylum seekers.

Senator Ridge expressed her disappointment that I was unable to allow time for a debate on homelessness and on the laws regarding pornography. While legislation has to take precedence I support both requests 100% and I will allow time for such a debate the first week after the recess.

Thank you.

When is the Leader bringing us back?

It is hoped to return on 2 October.

"Hoped"– I like that word.

I thank you, a Chathaoirligh, the Leas-Chathaoirleach, the Deputy Leader, the leaders of all the groups, the Whips of all the parties and particularly the Government Whip, Senator Tom Fitzgerald, and Senators Farrell and Moylan, for the trojan work they did in the House during the session. I thank the Clerk, Ms Deirdre Lane, who is indisposed at present, and I wish her well. I look forward to her returning here at the start of the next session. I thank also the Clerk Assistant, Ms Jody Blake, and her staff. I thank also the ushers, the superintendent and everyone who is responsible for the running of the House.

I thank the press, Jimmy Walsh, who ensures this House is covered in The Irish Times on a daily basis, and George Devlin of RTÉ for his work on “Oireachtas Report” . I wish to place on record our deep appreciation to everyone who has made this a successful and hardworking session. I look forward to seeing you all early in October, after the summer recess, when we will be back processing—

Is the Leader sure he will see us?

Yes, I am.

Is the Leader guaranteeing that this is not my last day here?

We have come to the end of a third year of this Government.

Two more years.

This has been the hardest working year that the Seanad has ever had. I congratulate all Senators on their commitment to the Seanad. I look forward to our new millennium building when, hopefully, all Senators, at least in the first month of our return, will have their offices in Leinster House in one place or another.

What exactly is proposed in relation to the statements on Tibet?

I propose ten minutes for each statement at the conclusion of business today, after item 9, a new item 10.

What length of time is proposed for the statements on Tibet?

About ten minutes but without a Minister. I anticipate that business will continue much longer after the Dáil has gone into recess.

Senator Costello has moved an amendment to the Order of Business: "That statements on the state of the nation be taken in substitution for the business ordered."

Amendment put.

Coghlan, Paul.Coogan, Fintan.Costello, Joe.Doyle, Avril.Doyle, Joe.Henry, Mary.

Keogh, Helen.Norris, David.O'Dowd, Fergus.Quinn, Feargal.Ridge, Thérèse.

Níl

Bohan, Eddie.Bonner, Enda.Cassidy, Donie.Chambers, Frank.Cregan, John.Farrell, Willie.Fitzgerald, Liam.Fitzgerald, Tom.Gibbons, Jim.Glennon, Jim.Glynn, Camillus.

Kett, Tony.Kiely, Daniel.Lanigan, Mick.Leonard, Ann.Lydon, Don.Moylan, Pat.O'Brien, Francis.Ó Fearghail, Seán.Ormonde, Ann.Ross, Shane.

Tellers: Tá, Senators Costello and A. Doyle; Níl, Senators T. Fitzgerald and Gibbons.
Amendment declared lost.

Before I put the question on the Order of Business there appears to be some confusion about what has been proposed or agreed in relation to the statements on Tibet. I now ask the Leader to clarify the situation.

The proposal is for a ten minute contribution from each Senator on statements on Tibet at the conclusion of No. 9.

That was not my impression at all.

Senator Norris has already contributed to the Order of Business. I will clarify the Senator's understanding of the situation.

The record will show what the Leader has said.

Senator Norris has conveyed to the Chair that he understands that motions 18 and 19 are being taken at the conclusion of business after No. 9.

That was what the Leader said.

I signalled that every day for the past couple of weeks.

As I have already said, I propose that we take statements at the conclusion of No. 9 and Senators will be allowed ten minutes. I can take No. 18, in the names of Senators David Norris and Shane Ross, during our first or second week back after the summer recess if the Senator still wishes to have this done.

Question put: "That the Order of Business be agreed to."

Bohan, Eddie.Bonner, Enda.Cassidy, Donie.Chambers, Frank.Cregan, John.Farrell, Willie.Fitzgerald, Liam.Fitzgerald, Tom.Gibbons, Jim.Glennon, Jim.Glynn, Camillus.

Hayes, Maurice.Kett, Tony.Kiely, Daniel.Lanigan, Mick.Leonard, Ann.Lydon, Don.Moylan, Pat.O'Brien, Francis.Ó Fearghail, Seán.Ormonde, Ann.

Níl

Coghlan, Paul.Coogan, Fintan.Costello, Joe.Doyle, Avril.Doyle, Joe.Henry, Mary.Keogh, Helen.

Norris, David.O'Dowd, Fergus.Quinn, Feargal.Ridge, Thérèse.Ross, Shane.Taylor-Quinn, Madeleine.

Tellers: Tá, Senators T. Fitzgerald and Gibbons; Níl, Senators Norris and Ross.
Question declared carried.
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