Today's Order of Business is No. 1, motion re notice of a vacancy in the membership of Seanad Éireann, to be taken without debate; No. 2, motion re the address to Seanad Éireann by Mr. David Byrne, European Commissioner, to be taken without debate; No. 3, statements on tourism, with the contributions of spokespersons not to exceed 15 minutes and of all other Senators not to exceed ten minutes and Senators may share time.
Order of Business.
I must say at the outset that changing the Order of Business without agreement or consultation with the Leader of the Opposition is not the way to run the business of this House. We as a major Opposition party have always attempted to ensure legislation passes effectively through this House by agreement. Agreement did not take place on this issue today. I must ask the Leader why he introduced at the last moment, without proper consultation, this motion in relation to filling a vacancy in this House. We on this side are reviewing our position on the co-operation we have consistantly given in an attempt to ensure the business of the House runs smoothly.
Is it intended to express sympathy in the House today on the death of the former Minister, Denis Gallagher?
In accordance with Standing Orders, formal expressions of sympathy are only made in the House on the death of a former Member or a serving Minister of the other House.
I was seeking clarification.
I can read the Standing Order.
There is no need. I was seeking clarification on whether expressions of sympathy are made in the House on the death of a Minister or former Minister.
The Order of Business is agreeable to me. I ask the Leader, as I have done previously, to ask the Minister for Health and Children to come to the House to inform us of his plan for the implementation of the mental health legislation which was introduced prior to the summer recess. The Leader will be aware that this is extremely important. There is another case currently before the courts where a woman is challenging her detention in the Central Mental Hospital. Therefore, it is important that the Minister informs us of his plans for the implementation of the mental health legislation which was passed months ago. As far as I know not one line of it has yet been implemented. At that time the Minister said he would introduce legislation dealing with mentally ill people detained in custody and before the courts. As this is an extremely urgent matter, I ask the Leader to urge the Minister to come to this House to address it.
I support what Senator Coogan said in regard to No. 1. The normal practice is that the party in which the vacancy has occurred has the right to indicate when the vacant seat will be filled. I would have thought that the normal protocol of consultation would have taken place.
I wish to point out to Senator Costello that there are precedents for the moving by the Leader of the House of a motion to fill a vacancy, even though the vacancy did not occur on that side of the House. There are many precedents in that regard.
I am aware of that but I also know there are courtesies in this matter. The normal courtesy is that the party is consulted in the matter. I hope this issue will be resolved and I request the Leader to withdraw it from today's Order Paper.
Will the Leader indicate what the Government intends to do in regard to the new MOX facility at Sellafield on which Greenpeace is taking legal action? Will the Government be represented at the hearing? The Minister of State, Deputy Jacob, came into the House to tell us about the legal actions the Government had instituted in relation to OSPAR and the European Union, but it appears it is being left to Greenpeace to take the initiative in terms of taking legal action on economic grounds under European Union law. I am disappointed the Government is not taking the lead on this matter. I ask the Leader to seek clarification from the Government both in terms of Ireland having somebody of importance in place to watch over the proceedings and also being joined in these proceedings.
Senator Henry raised questions about mental health and the lack of action in that area by the Minister. I call for a debate on the health issue because various aspects of plans have been leaked by one side or other of the coalition, but we do not have an overall plan in terms of what is happening in the health service, which is currently in dire straits. We were promised it by the Minister for Health and Children but it still has not appeared. I ask the Leader to ensure the Minister comes into the House at an early stage to give us some indication of what he proposes to do in that regard.
I ask the Leader to arrange a discussion on the question of missing persons in the State. The numbers are on the increase and it is evident from posters at bus and railway stations that there must be many heartbroken families involved. I would like to see a situation where we might be able to pool the various resources and provide whatever information we can for these families. I am not just thinking of the high profile cases where there might be criminal involvement, but the ordinary cases of very young people leaving home and families not knowing their whereabouts. If the Leader would ask the appropriate Minister to come into the House, we might be able to consider the possibility of establishing a task force to deal with this matter.
Like Senators Coogan and Costello, I find the Order of Business today offensive, although not for the same reasons as Senator Coogan; that is a spat we can leave to the main political parties. Apparently, No. 2 is to be introduced and passed without discussion. I find it ridiculous that the discussions that take place come under the Committee on Procedure and Privileges, which recommended that Mr. Byrne be asked to come here.
Senator Ross, I might point out that this procedure was used in all cases in the past when a distinguished visitor was invited to address the House.
I am aware of that, a Chathaoirligh, but I am still opposing the Order of Business and I am giving the reasons. May I refer to one of those previous occasions which you mentioned? One of them was the visit of the President of the European Union, Mr. Santer, who came to address the House. We all stood up to ask him questions and he sat down while he spoke. It was a kind of lap of honour for President Santer, but it was not critical. Structured questions were put to him which he did not answer and it was a waste. He went back to Europe and resigned a few months later in disgrace, having been applauded here for his great performance.
I am opposed to the Order of Business because if we are to have so-called distinguished visitors address this House, and Mr. Byrne is a man of great capabilities, they should come here not to do the honours and go out to great applause but to be asked serious questions in a serious debate, which has never been the case.
There will be an opportunity for Members to ask questions on Wednesday next.
That is correct, but how many questions? One questions without an answer if he does not like it.
Time will determine that.
Time has determined it already. We have seen it determined by time many times. Anyway, I am concluding—
Senator, it is your prerogative to oppose the Order of Business—
Correct.
—but I cannot allow a debate on this motion now under the Order of Business. I cannot allow the content of the motion to be debated.
I am giving the reasons I am opposing the Order of Business and the principles involved, which are important.
Yes, I have given some latitude to the Senator.
If we are serious about inviting people to address this House, and I am talking about the principle of why I oppose the Order of Business, why do we not invite the British ambassador here to answer serious questions about Sellafield instead of inviting people who will get a round of applause, be told what wonderful European Commissioners they are, and off they go?
Senator Ross, if you would bear with me for a moment.
No, I will not bear with you for one second, a Chathaoirligh. I ask you to bear with me. Sellafield is a serious problem.
The Senator is being disorderly.
The people on the Government benches are not serious about Sellafield. If they were, they would not invite Mr. Byrne here to do a lap of honour. They would ask the British ambassador or a British Minister to come here to answer serious questions about what is going on.
Senator Ross, please do not be disorderly. That is a different issue. If the Senator wishes the British ambassador to be invited to address the House, the Senator should, through his group, contact the Committee on Procedure and Privileges with a request that such an invitation be issued to the British ambassador, and that request will be followed up by the committee in the same manner as other such proposals.
Thank you, a Chathaoirligh. I assure you that procedure is already in process, but the Leader of the House has consistently refused to answer my question as to why the British Ambassador is not being asked about Sellafield. I will ask him another question if it is a procedure and privileges matter.
It is not a matter for the Leader of the House, Senator Ross.
It is a matter for him to take up with the Committee on Procedure and Privileges. Is he not a member?
The procedure that we follow in these matters is set out in Standing Orders.
I am only asking the Leader to tell me he will raise it at the Committee on Procedure and Privileges.
Thank you.
On a completely different tack, will the Leader ask the Minister for Foreign Affairs to summon the British ambassador to Iveagh House to issue a formal and public protest about Sellafield? Why has that not been done? It is all very well taking phoney court cases which they know will get nowhere. Why do we not make a public display of our dissatisfaction on this issue to the British Government? The diplomatic channels are the ones to take. Let us do that.
You have made your point, Senator Ross.
I want to raise the issue of psychiatrists allowing mentally ill patients to sign themselves out of psychiatric hospital and the case of a man who is facing a year in jail. His son was a patient in a psychiatric hospital, but he signed himself out. He could have killed the whole family but, fortunately, the husband shot the man. He is now awaiting a term in jail but if the psychiatrists had done their job, that patient should not have been released.
Does the Senator have a question for the Leader of the House?
I would like this matter to be debated. What is the duty of psychiatrists when patients are put into their care? Is there anybody to care for them? Why are they allowed out of hospital without their mental illness being cured?
I support Senator Coogan in opposing the Order of Business this morning because, as I understand it, there is no agreement with our absent leader, who is on official duties in Stormont representing a committee of both Houses. This appears to be a blatant breach of procedure and, to quote Senator Costello, it lacks the normal courtesy extended to the Leader of the Opposition. It would not have been unreasonable for the Leader of the House to have awaited the return of our leader so that they might have reached agreement on this matter.
I also agree with Senator Ross on his call to the Leader of the House to take up with the Committee on Procedure and Privileges the question of inviting the British ambassador to appear before the House because the Sellafield issue is a matter of great national concern. Will the Leader inform us of the position with regard to the court calendar concerning our own case? Has the Irish case been initiated in the courts? Where do we stand in relation to the case which is commencing today? Is there a watching brief on behalf of Ireland, or what is the position?
I support the very clear objections to what is happening in Sellafield. It is being sprung on us much more quickly than we had expected. The MOX plant is due to open on Saturday. I understand the court case is taking place in London today, yet it seems our Government is sitting very quietly, doing the correct diplomatic thing. I agree entirely with what Senators Ross and Coghlan have said, we should get the British ambassador to come here, if that is the most immediate action we can take, and we should ensure that we are also involved in relevant court cases. We are sitting on our hands, quietly hoping that something will come out of this. That is not the appropriate response at this time.
Senators Coogan and Coghlan referred to No. 1 on today's Order Paper and the Chair has clarified the position with regard to precedent for the writ being moved by the Leader of the House. Five months have passed since the vacancy arose and I propose to proceed as I have stated.
Senators Henry, Costello and Farrell called for the Minister for Health and Children to come to the House in connection with the mental health plan and legislation. I have no difficulty in making that request. The Minister gave an undertaking during the debate on the Mental Health Bill that he would come back to the House.
Senators Costello, Ross and Quinn expressed concern about Sellafield. I am sure all Members of this House agree with the sentiments expressed here this morning in that regard. The Government has taken up the matter very strongly with the British Government and has put certain procedures in place. I will certainly pass on the views of Senators—
What about the British ambassador? Will he be invited to the House?
—in particular, Senator Ross.
The Leader should be allowed to reply without interruption.
Senator Ross is represented very ably by Senator O'Toole, as leader of his group.
I am not concerned about Senator O'Toole. What is the position of the Government?
Senator O'Toole, as leader of his group—
I could not care less about Senator O'Toole. What is the Government doing about Sellafield?
—is his official, and very able, spokesperson in this House. If Senator Ross is seeking that position, maybe a difficulty is about to emerge. There could be a leadership contest in Senator O'Toole's official—
This is not a laughing matter. What are the views—
Order, please.
This is a farce. Will the Leader of the House either bring the British ambassador here or ask the Minister for Foreign Affairs to protest?
It is not a matter for the Leader of the House, as I explained to Senator Ross. It would be much more appropriate if these requests were made in writing to the Committee on Procedure and Privileges—
It would be more appropriate to have this brought into the open.
Order.
I will pass on the Senator's strong views on this matter to the Minister for Foreign Affairs. I am totally opposed to what the British Government is doing in relation to Sellafield and I fully agree with much of the sentiments expressed by all Senators, including Senator Ross.
Question put: "That the Order of Business be agreed to."
Tá
|
Bohan, Eddie.Callanan, Peter.Cassidy, Donie.Cregan, John.Farrell, Willie.Finneran, Michael.Fitzgerald, Tom.Gibbons, Jim.Glennon, Jim.Glynn, Camillus.Kett, Tony. |
Kiely, Daniel.Kiely, Rory.Lanigan, Mick.Leonard, Ann.Mooney, Paschal.Moylan, Pat.O'Brien, Francis.O'Donovan, Denis.Ó Murchú, Labhrás.Ormonde, Ann.Quill, Máirín. |
Níl
|
Burke, Paddy.Caffrey, Ernie.Coghlan, Paul.Connor, John.Coogan, Fintan.Cosgrave, Liam T.Costello, Joe. Cregan, Denis (Dino).Doyle, Joe.Henry, Mary.Keogh, Helen.O'Dowd, Fergus.Quinn, Feargal.Ross, Shane.Taylor-Quinn, Madeleine. |
Tellers: Tá, Senators T. Fitzgerald and Gibbons; Níl, Senators Coogan and Ross.
Question declared carried.