Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Seanad Éireann díospóireacht -
Wednesday, 22 Nov 2000

Vol. 164 No. 12

Order of Business.

The Order of Business today is No. 1, motion re the referral of the Chief Medical Officer's report on clinical trials to the Joint Committee on Health and Children, to be taken without debate; No. 2, Insurance Bill, 1999 – Report and Final Stages; and No. 17, motion 29, to be taken from 6 p.m. to 8 p.m., with business to resume thereafter if not previously concluded.

The Order of Business is agreed. Will the Leader give an opportunity for statements on the deregulation of taxis?

In regard to another issue concerning the Minister of State, Deputy Molloy, it was brought to my attention in a recent media report that the Government intends to introduce an anti-gazumping Bill. I am shocked by this as it is two years since we tabled an anti-gazumping Bill in the Dáil and tabled a similar Bill in this House, which is still on the Order Paper. In order to ensure this is dealt with, I ask the Leader to take First Stage of the Home Purchasers (Anti-Gazumping) Bill, 1999, which is No. 13 on the Order Paper. The Bill is entitled "an Act to prevent vendors from unreasonably increasing the sale prices of real and chattel real residential properties". We intend to move First Stage of that Bill tomorrow.

I agree it is important for us to have a debate on the changed regulations for taxis and to address the issues, including applauding the political courage of the Minister of State and looking at this in a fair-minded way so that people get some form of compensation where appropriate. However, this issue needed to be dealt with and many parents and other people in this city, such as the people who were standing with £20 notes in their hands trying to find taxis a couple of months ago or those who tried to get home during the millennium celebrations, will be happy about that. Many things needed to be sorted out and this action shows that can be done. I hope it works out. Decent people who are out of pocket should have their cases listened to, but the two issues should be separated.

There is industrial unrest everywhere, except in the Houses of the Oireachtas. The Members of the Houses of the Oireachtas have recently been benchmarked in a process very similar to the one now being offered to the rest of the public sector. The outcome of that is the Buckley report on salaries, which affects every Member of the House, including you, a Chathaoirligh. The Government should implement this first report now. That would set a benchmark for those who have expectations of the benchmarking process in that they would see that it can and does work. It should have all-party support.

Like other workers, Members of the House should ask when they will get their money. I encourage them to take a trade union approach. One can be responsible and demanding; the two are not mutually exclusive.

Will the Senator represent us?

I compliment the Leader on No.1, a motion to refer the report on three clinical trials in children's homes for consideration by the Oireachtas Joint Committee on Health and Children. It was appropriate that he allowed a debate on this last week. Given that a number of us did not get the opportunity to speak, when will he allow the debate to continue? If an important matter is to be referred to a committee, it is appropriate the House should have the opportunity to debate it.

The Leader proposes that Nos. 1 and 3 be taken today. He failed to mention No. 2. Those of us dealing with the Insurance Bill were given to understand that we would deal with No. 2 today. If it is not ordered for today we will oppose the Order of Business.

I understand No. 2 is proposed for the Order of Business today. There was a typing error in the Leader's brief.

Mea culpa.

It is proposed to take Nos.1 and 2 today.

We thought the Leader said Nos.1 and 3. Was it a hearing error on our part?

He initially said Nos. 1 and 3 but when he indicated the times he referred to Nos.1 and 2.

The matter is now clarified. Senator Costello without interruption.

We accept the clarification. I again call on the Leader to arrange a debate on industrial relations, especially in the area of public transport. Air and rail transport are affected. Road transport is also in jeopardy in view of the actions by taxi drivers this morning.

We have also called for a debate on the teachers' dispute, which is gathering momentum, and the provocation by the Minister in his proposal to dock the pay to teachers for the withdrawal of voluntary work. It is a contradiction in terms to dock pay for work which is done on a voluntary basis.

It is not in order to go into detail on these disputes on the Order of Business.

In the last three or four weeks I have asked for a debate on this matter. Will the Leader clarify when it will be held? There will be eight days of industrial action before the Christmas recess and it would be appropriate if we had the opportunity to discuss the matter.

Will the Leader invite the Minister of State at the Department of the Environment and Local Government, Deputy Molloy, to attend the House to debate the deregulation of taxi services? We have debated it on a number of occasions. The issue has swung from one extreme to the other, from a situation where no taxi plates were being granted to total deregulation. The Government has made an absolute dog's dinner of this issue. The end result will be that large sums of taxpayers' money will be paid in compensation when the local authorities—

It is not in order to go into detail on these matters on the Order of Business.

It will be compliant taxpayers who will claim, if we can find them.

The tax amnesty culture.

Has the Senator a question for the Leader?

I am trying to explain why it is so important that we debate the issue. Large elements of Fianna Fáil in Dublin have refused to take any action on this issue and now the Progressive Democrats have gone to the other extreme and won the day. The taxpayer will be the loser.

The Senator has made the case for a debate; there is no need to go into any further detail.

The Dyslexia Association of Ireland recently published a survey on the num ber of children with learning difficulties and special needs who have not received any assessment by the age of 11 years. It was also found that there was not proper remedial provision for children with learning needs. This is a very serious issue. I am aware the Department set up a task force to examine the survey in detail and I hope it will act on it. The friendly atmosphere which dyslexic children require at exam time has not been provided. The departmental task force should issue a statement which would allay the fears of children with learning needs.

Almost every Senator in the Chamber has indicated a desire to speak on the Order of Business and I ask Members to keep their contributions brief and relevant.

I am not seeking a debate on the teachers' dispute but I would urge the Minister to enter into immediate negotiations with the ASTI. The Minister, like the Taoiseach last week, is provoking the teachers' union in regard to docking pay in their December salary.

I have already pointed out that it is not in order to go into the detail of these disputes on the Order of Business. I assume the Senator is supporting the call for a debate.

No, there is nothing to debate. The Minister must deal immediately with the illegality of withholding part of teachers' pay for work which they do voluntarily. This is a legal issue and the Minister must address it urgently in an effort to resolve the dispute.

It is not in order to offer advice to the Minister on the Order of Business.

I endorse the call for a comprehensive debate on industrial relations. I want to draw attention to the unspeakable hardship being inflicted on people who depend on the train service to Dublin. I am thinking, in particular, of a significant number of people who have urgent medical and surgical appointments in the city. They have had to cancel these appointments this morning and on other occasions. I wonder whether the machinery of State is responding adequately or sufficiently quickly to the ongoing industrial relations dispute. It is unspeakable in a civilised society that people cannot get a train out of Cork, Limerick or Galway to carry out business or attend medical appointments in Dublin.

The Senator has made the case for a debate.

Even if people manage to get a flight to Dublin, they cannot get out of the airport.

In the words of Seán O'Casey, it would appear that this country is in a state of chassis. We hear about benchmarking, reports, debates, tribunals—

—and Celtic snails.

Has the Senator a question for the Leader?

Yes. A four and a half year old child who is unable to speak and has been on the waiting list for speech therapy for a year and a half was recently presented to me. I urge the Minister, through the Leader, to address this problem. I am sure that, as a humane man, he will be able to do something about what is a most unjust aspect of our tiger economy. I expect a positive response from the Leader on this matter.

Regarding what Senator Ormonde said, one of the most successful booksellers in Kilkenny is dyslexic. One wonders how it is possible for a person who is dyslexic to be a bookseller, but the girl one meets in Khan's bookshop is dyslexic, so it is not a terrible problem, although it does constitute a certain handicap.

Regarding taxis, why should we bail out people who paid too much for their businesses? Is any businessman protected to the extent these people are seeking to be?

These points may be relevant to the debate which has been sought.

Next supermarkets, Independent Newspapers and others will be seeking protection. Why should those who pay too much for their business be protected? I have been in business for 50 years.

It is not in order to pre-empt the debate.

I am making a point.

The Cathaoirleach's meter is running.

I wish to raise the situation in the Middle East where the might of Israel is pounding, night and day, the people of Palestine. They are being bombed, marauded and robbed of their heritage. I beg the indulgence of the House as this is most important. People are being killed on a daily basis. Because a bus was bombed in Gaza the entire Israeli nation has come out against the Palestinians. That incident should not have occurred but—

We cannot have debates on the Order of Business.

May I beg the indulgence of the Chair? Israel is one of two states in the world which was set up by vote of the UN. The UN should enter the situation, not the Americans—

The Senator must find a more appropriate way of raising this matter.

Israel is one of two states set up by—

I cannot allow Senator Lanigan to go any further with this matter.

I beg the indulgence of the Chair. I ask that the House should pass a resolution asking the UN to abide by its decisions, particularly given that they were responsible for the setting up of the state of Israel. The UN should be involved.

Senator Lanigan, the appropriate way in which to approach this matter is by tabling an appropriate motion.

I ask the Leader to request the Minister for Agriculture, Food and Rural Development to come to the House for a debate on the BSE crisis. Over the past number of days the Minister negotiated a package in Brussels, but Irish consumers are extremely worried about the real position. We need to clarify for consumers the situation in relation to BSE. We have failed to do so in the past and I ask the Leader to request the Minister to come to the House as soon as possible, given the urgency of this issue.

I support the call made regarding industrial relations. We have a huge problem and the Government is showing no leadership. It is time for somebody to take the matter in hand and I support the call to debate the matter immediately.

I wish to raise the River Shannon flooding, which has been raised on many occasions. As a member of a sub-committee I wish to inform the House that the interim report was published last week and has been laid before both Houses of the Oireachtas. I ask the Leader to have a full debate on this very important matter at the appropriate time.

I ask the Leader when there will be a debate in the context of which we can raise the European rapid reaction force. I call for a debate because of an article in yesterday's edition of The Irish Times in which Mr. Eyal, a proponent of the scheme, made it perfectly clear that military decisions will be taken outside the parliamentary context in Europe by bureaucrats and committees and, as he put it, “eventually after the military decisions are taken domestic parliamentarians will be permitted to rubber stamp” them. This should worry all of us on all sides.

In regard to industrial relations disputes, my colleague Senator O'Toole said they were everywhere except in Leinster House. May I seek to disillusion him of that? They are here in Leinster House if he cares to look at No. 28 on the Order Paper which deals with the conditions in which we are expected to work in this place. We have actually been further and seriously disadvantaged. I will not read the entire item because, a Chathaoirleach, you have asked for brevity but I will make the one point that it is not even wheelchair accessible.

I understand there have been calls for a debate on the taxi situation. I support those calls strongly. If it is simply a question of statements with or without a Minister, I do not mind. Half the time Ministers are not the slightest use anyway. I think of the debate on the Middle East where we did eventually scrape up a Minister who treated the House to a recital of a ten day old speech in which the date and the words "Dáil Éireann" had been struck out and I wondered why it was so startlingly irrelevant. We do not need that kind of thing in the House.

Senator Norris has made his point.

I ask the Leader to consider having another debate on the Middle East, particularly with regard to the conflict between the Israelis and the Palestinians.

I am grateful for the clarification earlier of the preceding misstatements by the Leader of the House. I accept totally it was not his intention.

It was unintentional.

I accept that totally, particularly when you give the assurance—

The matter has been clarified.

I understand the Leader intends to take No. 1 without debate and No. 3 – the Insurance Bill – which some of us have prepared for and organised our afternoon around. I wish to refer to No. 13 on the Order Paper, a Bill in the name of Senator Coogan to which he briefly referred, a Bill entitled "an Act to prevent vendors from unreasonably increasing the sale prices of real and chattel real residential properties".

There is no need to read it.

Item 13 may not mean much to everybody in the Chamber if they do not have the Order Paper in front of them.

In the interests of brevity I ask the Senator to refrain from reading.

I always appreciate your strictures and follow your instructions faithfully. This Bill is timely as there is serious concern about the continuing severe increase in house prices and the lack of effectiveness of the Government measures. Will the Leader advise the House as to how the social and affordable housing provisions of the Bill which were held to be constitutional will work in practice? There is concern and questions are being raised throughout the country. I am wondering about the evenhandedness of it and whether the Department has called in county managers. Any advice the Leader can give the House will be appreciated.

In the context of the Government's recently published worthy policy on children, what happened to the Protection of Children (Hague Convention) Bill, 1998, passed by the Dáil on 12 April 2000? We have not heard anything about it. It has not come before the House and we have not been inundated with extra legislation. I have no idea what has happened to it. This Bill was based on the international convention of 1996 and passed in the Dáil in April 2000 and we have not heard a word about it since. Can the Leader tell us what has happened to it?

As my party's spokesperson in the Seanad on enterprise and employment, it is important to look at the issue of the taxi drivers given that they are self-employed people working on the streets and providing a necessary service. I support the calls for a debate on this issue. It is important to understand the frustration and the concern of those involved in the industry who fear they will no longer be able to provide the service. It is vitally important to have proper consultation between the Department of Finance and the representative groups.

It is not in order to pre-empt the debate.

I understand that, but it is important that the debate take place. There must be proper consultation on the mechanisms by which we allow taxi drivers to continue to ply their trade.

I agree with the request for a debate on education, particularly as a parent of two children, one of whom will be doing the leaving certificate and the other the junior certificate next June. Teachers are in the schools and prepared to teach but the Minister has not been able to find a formula for two days this week and three days next week to enable the boards of management to allow the pupils into the schools. While I support the teachers, it is essential for the Minister to ensure that children are taught, particularly as the teachers are in the classrooms and ready to teach.

It is not in order for the Senator to go into such detail.

It is important, particularly as a Dublin-based Fianna Fáil Member of this House, that I put on record my congratulations to the Minister of State on his stance on the issue of taxi deregulation. I believe he has the overwhelming support of people outside the House.

Hear, hear.

The Senator can contribute to the debate when it takes place.

There are some anomalies which are worthy of investigation and debate in this House and it would be appropriate if the Minister of State would come to this House to facilitate such a debate.

Mr. Ryan

I agree with Senator Lanigan that the House should have an urgent debate on the appalling aggression being perpetrated by the Israeli authorities in the face of minimal provocation.

Is the Leader aware of what has happened to the Telecommunications (Infrastructure) Bill? The people of Dublin in particular have to live with perpetual traffic disruption as approximately 20 different telecommunications companies dig up the streets with impunity. I have no idea what the problem is but clearly there is one.

Will the House have a debate on one of the most fundamental principles of democracy, that is, a fair application of the principles of law and justice? There is a contrast in this society between the impunity with which there was a blue flu and no one was penalised, the impunity with which taxis are blocking Kildare Street and no one is being clamped or towed away, and the fact that teachers who decline to do what was a voluntary task will have their salaries reduced. Taxis are now blocking the streets and someone has told the clampers to let them alone while they break the law.

We cannot have a debate on industrial relations on the Order of Business.

Mr. Ryan

I am not interested in industrial relations. I am interested in the most fundamental principle, which is whether everyone is equal before the law or whether some people have influence while others have none.

The Senator will have to find another way of raising the issue. It is not in order to go into such detail on the Order of Business.

Mr. Ryan

I ask for a debate so that Senators who are forever looking for extra services can explain how they will provide these services, even as they continue to cut taxes.

It is called extra revenue.

Mr. Ryan

My party has done more study on extra revenue than any other party and we were told it was not available. However, we know it is available for those who are already well off.

(Interruptions.)

I fully support Senator Ormonde's comments in relation to dyslexia. The previous Minister for Education and Science, Deputy Martin, did a lot of good in respect of the appointment of special needs teachers. The big issue at the moment is assessment because children cannot get proper help if they are not properly assessed in the first instance. This is a huge issue which the Department is not tackling.

There is also the issue of special help with examinations. I have a child who is dyslexic and for whom I found it very difficult to get help. In many instances I had to pay privately for help. His junior certificate results this year proved that these students have the ability if they get help.

Will the Leader invite the Minister for Education and Science to come to the House to discuss a specific aspect of dyslexia? A number of weeks ago the Minister announced the establishment of a task force on reading. Having discussed this matter with officials in the Department I realise why so little action has been taken on this matter. Departmental officials do not fully understand the problem. The task force is to deal with reading difficulties but anyone with a knowledge of dyslexia knows the problem involves writing and arithmetic as well as reading. When I tried to point this out to departmental officials they replied that the task force was established to examine reading difficulties only. I would like this House to debate the full issue of dyslexia.

I support the call for a debate on industrial relations, particularly with regard to transport. Some weeks ago I attempted to come to Dublin by air and was grounded. Today, I booked a ticket for a train which did not run. I then decided to drive and, having encountered the Celtic snail on the way, I found Leinster House ring-fenced by taxis. If this continues I may come by boat from Bantry Bay. Will the Leader arrange to have expenses paid to Members who travel by boat?

I call for a debate on consistency of sentencing in criminal matters, particularly for the serious crimes of sexual assault and rape. A case was reported yesterday which, if it had been tried in Dublin, would have involved a sentence of ten years. There is a serious lack of consistency and I call for a debate on this issue. There should be mandatory and minimum sentencing, particularly for parents, teachers and others in positions of trust who commit crimes against young vulnerable people. The sentence recently handed down was surprisingly light. I am appalled by the lack of consistency in this area and I call for a debate on this issue.

I thank you, a Chathaoirligh, for your clarification regarding the item referred to by Senator Costello. There was a typing error which was later clarified as I read the Order of Business.

Senator Coogan has asked to be allowed to bring No. 13 before us tomorrow morning. I will discuss this with the Senator after the Order of Business.

Many Senators called for a debate on the taxi issue. I propose that we take this debate from 3.15 p.m. to 4.30 p.m. today, with the permission of the House.

Yes today, as a matter of urgency. In response to the urgent call of many Members I propose to amend the Order of Business and to have statements on the taxi issue from 3.15 p.m. until 4.30 p.m. There may not be a Minister present.

Good man, Senator Cassidy.

Senators O'Toole and Norris welcomed the benchmarking of the salaries of Oireachtas Members. I support this development. The financial reward for being a parliamentarian has fallen a long way behind that for working in the private sector. The very many conditions which are the basic requirements for the performance of our duties as legislators are being urgently addressed. The Committee on Procedure and Privileges and the Select Committee on Members' Interests are working as hard as they can to have this matter addressed. It is long overdue.

My office is in a basement about half a mile away.

I thank Members for their patience in this regard.

Senators O'Donovan, Costello, Ryan, O'Dowd, Hayes, Jackman and Quill called for a debate on industrial relations. I have already agreed to allow time for this and will consult with the Whips on the matter. Senators Ormonde and Bonner called for a debate on special children. I will pass their views on to the Minister for Health and Children. I have no problem allowing for a debate on this issue. I will pass on Senator Ridge's views on the matter she raised, particularly regarding the four and a half year old student, to the Minister.

Senators Lanigan, Lydon and Ryan called for a debate on the Middle East. I will outline to the House after the Order of Business the business for the coming weeks. I will do everything I possibly can to facilitate such a debate. We had a debate on the Middle East in the House in recent weeks. I agree with the views the Senators expressed and I will pass them on to the Minister after the Order of Business.

Senator Tom Hayes called for a debate on BSE. I have no difficulty having another debate on this topic in the House. We should offer our congratulations to the Minister for Agriculture, Food and Rural Development who worked hard over the weekend to address some of the problems. Some 90% of our animal sales are outside the country and this shows how Ireland depends largely on its exports of agricultural produce.

As regards the point made by Senator John Cregan, I welcome the hard work the River Shannon committee did to bring the report before us. I look forward to having it debated in the House over the next few weeks.

I will pass Senator Norris's views on the Army and the European dimension on to the Minister. Senator Coghlan had a query on the social housing provisions. They are included in the Act. Senator Quinn mentioned the Protection of Children (Hague Convention) Bill, 1998. This Bill has passed all Stages in the Dáil. I will inquire for the Order of Business tomorrow morning when it will be taken in the Seanad. Senator Ryan mentioned the telecommunications Bill. I know he has been inquiring about this Bill for a long time. I understand the Bill has now been withdrawn. Senator O'Donovan called for a debate on the consistency of sentencing. I can allow time for such a debate.

The eight Bills which will be brought before the House and processed between now and the Christmas recess are the National Pensions Reserve Fund Bill, 2000, the ICC Bank Bill, 2000, the Teaching Council Bill, 2000, the Health Insurance (Amendment) Bill, 2000, the National Stud (Amendment) Bill, 2000, the National Treasury Management Agency (Amendment) Bill, 2000, the Patents (Amendment) Bill, 1999, and the National Training Fund Bill, 2000. Senator Henry made many inquiries about the Mental Health Bill, 1999. It is at Committee Stage and is not expected to be finished in the Dáil until after Christmas.

Since this Government took office, 135 Bills have been passed by both Houses, of which 45 were initiated in the Seanad. I propose to give the Senators a list of those Bills and the dates they were initiated. It speaks volumes for the amount of work we have done and the new direction the Seanad has taken during the lifetime of this Government that more than 30% of all legislation has been initiated in the House. I congratulate all Senators for contributing to that.

The Leader did not tell the House the amount of time each speaker will have and whether they may share time. Perhaps he will clarify that.

I propose that Senators will have ten minutes each and they may share time.

Is the Order of Business, as amended by the Leader, agreed?

I do not want to pre-empt any conversation I will have with the Leader, but this side of the House intends to move No. 13, the Home Purchasers (Anti-Gazumping) Bill, 1999.

The Leader has indicated he will discuss that matter with Senator Coogan after the Order of Business.

Order of Business, as amended, agreed to.

Barr
Roinn