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Seanad Éireann díospóireacht -
Thursday, 7 Mar 2002

Vol. 169 No. 10

Order of Business.

The Order of Business for today is No. 1, motion regarding the referral of the Council Framework Decision on combating trafficking in human beings to the Joint Committee on Justice, Equality, Defence and Women's Rights, to be taken without debate; No. 2, motion regarding the Diseases of Animals (Amendment) Act, 2001, back from the Joint Committee on Agriculture, Food and the Marine, to be taken without debate; No. 3, Radiological Protection (Amendment) Bill, 1998 [Seanad Bill amended by the Dáil] – Report and Final Stages; No. 4, Ombudsman for Children Bill, 2002 – Report and Final Stages; No. 5, Public Health (Tobacco) Bill, 2001 – Second Stage, with the contributions of spokespersons not to exceed 15 minutes and those of all other Senators not to exceed ten minutes and on which Senators may share time; No. 23, motion No. 18, to be taken from 6 p.m. to 8 p.m. Business, if not previously concluded, will resume after Private Members' business.

I propose an amendment to the Order of Business. The opportunity has arisen for the Taoiseach to come to the House to explain a number of issues and account for what is going on in Government. The first issue relates to the aquadome under construction in Abbotstown. The Taoiseach must explain to the House and the people how the Government contracted with a shelf company worth £4 sterling—

What amendment does the Senator propose to the Order of Business?

I propose an amendment that the Taoiseach come to the House to explain to the people—

Yes. He must explain to the people the reason the Government has contracted with a shelf company which is worth £4 sterling and has not traded for two years to construct a multi-million pound facility for the Special Olympics in 2003.

The second issue relates to the abuse of An Post by the Taoiseach and his party—

(Interruptions.)

The Senator is making statements on the Order of Business.

I am explaining the reason the Taoiseach must come to the House.

We got in ahead of the Senator's party.

Is the Senator proposing that the Taoiseach come to the House today to answer questions in relation to the aquadome and An Post?

I thank the Senator.

It is not as simple as that. The specific question relating to An Post is Fianna Fáil's interference with the constitutional rights of the citizen to free association and free movement and with regard to private property.

We have the Senator's amendment. I thank the Senator.

The third issue is one you yourself raised, a Chathaoirligh, with regard to ruling out of order the issue I wished to raise on the Adjournment.

It is not in order to question my decision in relation to the matter the Senator submitted for the Adjournment debate. If the Senator seeks clarification, she should call to my office in order that I can explain, out of courtesy to her, the reason her matter on the Adjournment was ruled out of order.

In relation to the matter that was ruled out of order, it is an issue that needs to be discussed—

I cannot allow the Senator to question my ruling. I call Senator Norris.

I am more than happy to second Senator Taylor-Quinn's proposed amendment to the Order of Business.

No better man.

I wish to express my concern also. This issue was aired on the radio yesterday when the spokesperson for Rohcon said he was not there to answer questions.

I will not allow this matter to be discussed on the Order of Business, to which Senator Taylor-Quinn has proposed an amendment which Senator Norris has seconded. If the amendment is carried, I assume the Taoiseach will come to the House and these matters can then be raised with him. The Senator cannot pre-empt any discussion that might take place later today. I will not allow any further discussion on the matter.

I doubt that the Taoiseach will come to the House as he will be too busy explaining how he lost the referendum.

Has the Senator a question for the Leader of the House?

Yes. Will the Fianna Fáil Party be using the front wall of my house to advertise its election slogans before the general election?

Knowing the Senator, it would be available.

Only if the Senator consents.

We can use the gates.

Has the Senator a question on the Order of Business?

When will the promised debate on the situation in West Papua be held? I would be happy to have this matter taken in the context of a general discussion on foreign affairs. The Leader said last week that he was not sure there would be time for a debate on foreign affairs, but since it is one of the most important activities of this House, it would be appropriate to have such a discussion.

The situation in the Middle East is extremely worrying. Ireland has a seat on the Security Council and we must ensure we do everything we can to convince Mr. Sharon to pull back from the appalling road down which he is propelling his own people and the people of Palestine.

I support Senator Norris in his request for a debate on West Papua and the appalling situation developing in the Middle East. I congratulate the Government and the Leader of the House on agreeing to take motion No. 18 without amendment. It will be interesting to see Government members trooping through the "Yes" lobby and condemning the Government in relation to its role in the education system over the last five years.

I am sure the Taoiseach and Senators Fitzpatrick and Kett will be interested to see that the constituency of Dublin Central has voted "No", by a margin of 60% to 40%, in the referendum.

It is out of order on the Order of Business to discuss the result of the referendum.

I simply want to follow my remark with a question. We raised this issue on the Order of Business a number of times and requested that the referendum not be put to the people. We called for the Taoiseach and the Minister for Health and Children to come to the House to explain the reason this divisive, meaningless referendum was being put.

We accept the will of the people.

Does the Senator have a question on the Order of Business?

I support the invitation made by Senator Taylor-Quinn to the Taoiseach to come to the House to explain the matters surrounding the national aquatic centre. If the Taoiseach is not available, the Minister for Tourism, Sport and Recreation should come to the House as he has the special report on the matter. There are serious issues to be addressed. This is the time to have a full discussion on the entire development in Abbotstown.

I support Senators Taylor-Quinn, Norris and Costello in their request that the Taoiseach present himself this evening to explain the reason he allows a contract to go to a company with £4 in share capital—

The Senator can outline to the Taoiseach what she wishes him to explain to her if he comes to the House.

We trust that he will come in.

Has the Senator a question for the Leader on the Order of Business?

I have two questions. The ASTI dispute has been exacerbated in recent days and we have heard nothing from the Minister for Education and Science in regard to a resolution. I gather that nothing will happen until next September and I urge the Minister to come to the House to explain why he has not tried to resolve the dispute. I will ask the Taoiseach when he comes to the House this afternoon why he has not chosen to intervene in the dispute to make sure students have the supports they need to do their examinations and the security of knowing their teachers will undertake supervision and substitution duties between now and June.

A number of weeks ago I raised the issue of the granting of radio station licences, particularly in the Limerick area where there is only one station, and the Leader gave me his support. I call on the Minister for Public Enterprise to come to the House to outline her strategy to ensure more licences can be issued to those who wish to have alternative—

The Independent Radio and Television Commission has decided there will be an open discussion on that matter.

The Minister will be very much aware of who is on the board of the Independent Radio and Television Commission.

The Independent Radio and Television Commission is an independent body.

The Minister should outline her strategy to award licences to cater for members of the public whose needs are not met by national radio stations or, in the case of Limerick, one local station. That is extraordinary when one considers the population of the city, county and the mid-west in general.

Will the Leader ask the Minister for Justice, Equality and Law Reform and the Government to address a major dent in the confidence of women regarding the legal system's response to the issue of violence against women, particularly in cases of rape and sexual assault, in light of the suspended sentence handed down in a rape case earlier this week and the trial involving the individual in the X case, who was found guilty of another sexual assault against a teenager, and the extent to which these decisions have undermined the confidence of women in how the issue of violence against women is being handled? We have debated this issue on more than one occasion but it is extremely important and I call on the Minister for Justice, Equality and Law Reform to come forward with a response.

I support the call by Opposition Members for a debate on the Middle East conflict. I ask the Leader to convey our gratitude to the Minister for Foreign Affairs on the fantastic work he has been doing to try to bring people together in the region. He made a significant statement yesterday when he supported the call for a summit meeting between Mr. Arafat and Mr. Sharon. Given that 60 people have been killed and hundreds injured over the past number of days, it is pointless to pretend this conflict will not impact on all of us. We must praise the Minister and ask him to maintain his efforts by monitoring the situation as closely as he has been doing. I congratulate the officials in our embassy in Tel Aviv—

These are points that can be made in the debate the Senator is seeking.

I call on the Minister to continue the great work he has been doing because it is appreciated. I hope other EU member states and the UN Security Council will take on board what he has been saying.

Will the Leader convey to the Minister for Health and Children the great need for a radiotherapy unit in the south east? There is a severe situation because there is no radiotherapy unit and people must—

Perhaps the Senator could raise this matter on the Adjournment. I am prepared to give it favourable consideration.

I call on the Leader to ask the Minister for Health and Children to acknowledge the huge difficulties in the south east in terms of radiotherapy.

I support the call by Senator Taylor-Quinn to invite the Taoiseach or the Minister for Tourism, Sport and Recreation to the House to thrash out the issues surrounding the aquatic centre. I particularly want to raise the issue of sentencing policy regarding the perpetrators of rape that has already been mentioned by other Senators. This is an extraordinarily serious issue particularly for young women. When talking about issues related to the referendum and also about assault cases against young women, somebody said to me recently—

Senator Keogh, we cannot have a debate on the matter. I take it the Senator is supporting the request to the Leader that the Taoiseach or the Minister come to the House to debate the matter in detail.

Yes. However, young women must report assaults. Unfortunately, the message and the type of language used in the recent notorious case do not help encourage women to do that.

A Senator

The Senator is making a speech.

Someone thinks this is a speech, but it is one of the most serious issues that should be addressed. The sincerely held views of people should be taken into account.

You have made the point. The Order of Business is not the appropriate time to discuss this matter.

I think it is an appropriate place to raise the issue and I thank you for that, a Chathaoirligh. We should spend time discussing with the Minister for Justice, Equality and Law Reform the kind of sentences that are imposed on perpetrators of very serious crimes.

I support Senator Lanigan regarding concerns over the lack of a radiotherapy unit in Waterford Regional Hospital. I compliment the Government and particularly the Minister for responding to the ASTI action in relation to substitution and supervision.

By spending a fortune.

We have responded very promptly to that and the schools are working smoothly.

It is most certainly not working.

Senator Jackman would like to see it not working.

I would like to see it working.

I support Senator Taylor-Quinn's call for the Taoiseach to come to the House to explain what has happened concerning the aquatic centre.

We will decide that matter later.

It has shocked the nation so it is a matter of urgency that he comes to the House. I ask the Leader for a debate on an issue very dear to his heart, funding for the BMW region which does not seem to be trickling down to the western region. On a number of occasions I have asked for a debate on the funding that was provided for the Objective One and BMW regions and this should be arranged as a matter of urgency.

I call on the Leader of the House to ask the Minister for Finance to come to the House to debate a suggestion which is beginning to gain ground in the banking and financial worlds that the two major banks, Allied Irish Banks and Bank of Ireland, should merge. This is urgent because it is currently gaining much ground not just since last Sunday when, in an interview in The Sunday Times, the boss of one of the two big banks suggested it. It was also promoted last night during a major speech by the same person. I will not make a judgment on this, but if that developed, it would have serious consequences for consumers in Ireland. It should be nipped in the bud very quickly before it is allowed to develop. It would be good if the Minister, who is known to have views on this, came into the House at an early date to outline them.

I call on the Leader of the House to arrange a debate on the insurance industry. We all know that many small firms are not able to function due to the cost of insurance and insurance claims. We need to carry out a root and branch examination of the industry, including the levels of compensation and premiums. We must have a debate as a matter of urgency.

I ask the Leader to arrange a debate on the fishing industry before the end of the session. I appreciate the fact that the Minister for the Marine and Natural Resources, Deputy Fahey, has attempted to limit some of the regulations he intends to impose on the length of nets and the amount of tonnage required for inshore fishermen. This serious and major issue should be debated in the Houses of the Oireachtas as it is one example of where Europe is not working for the country. Small inshore fishermen will be wiped out.

I also support Senator Burke's call for a debate on the BMW region. Last week I received a letter from the Commission for the West which contained a shopping list for counties Roscommon, Sligo and Mayo. I thought County Donegal was part of the north west and, therefore, part of the BMW region. There seems to be division within the group. It is important to address the issue.

I support Senator Ross, as I always do, on the banking issue.

I support the call by Senators O'Meara and Keogh for a debate on the casual attitude to violence against women. However, I wonder what notice would be taken of such a debate. I raised in the House with the Minister for Justice, Equality and Law Reform and the Carriage Office the fact that the man convicted in the X case was driving a taxi long before the current victim was assaulted. I wonder what value such a debate would have.

Mr. Ryan

I agree fully with Senator Ross about the merger of the two banks.

I must be wrong. I made a mistake.

Mr. Ryan

I thought I might provoke him into returning to his normal position. I would like such a debate to be extended to include the report by the European Commission on the collusion between the banks which imposed excessively high charges on Irish consumers during the period from 1999 to 2002 when they ripped us off to compensate themselves for the introduction of the single currency. The fact they were able to do so when they were not merged is a good example of what they would do if they merged. The report deserves to be discussed, either as part of that debate or in a similar one.

I ask the Leader about No. 1 which we will refer to the Joint Committee on Justice, Equality, Defence and Women's Rights without debate, to which I do not have any objection. However, it is an important issue. If it comes back to the House, having been debated by the committee, and we pass it without debate, we will not meet our responsibilities. The motion is about a framework decision to combat trafficking in human beings. It is an issue of such fundamental importance that it would be wrong not to debate it. Can the Leader assure me that when it comes back from the committee we will have an opportunity to debate it? It is not a minor technical matter.

It was distasteful that some Members opposite found it appropriate to heckle Senator Keogh. Violence against women is not just a woman's issue, but an issue for society. Society, particularly men, have an important contribution to make. I accept the issue should be debated.

It is urgently necessary for this and the other House to debate the situation in the Middle East. It is becoming distastefully brutal to the extent where it seems to be a competition between the two sides to demonstrate which can be more brutal than the other. There is not just one guilty party in this instance; there are two such parties which seem to have resorted to levels of brutality we did not think were conscionable before now. I ask the Leader to try to make time available for statements on this issue if a full debate cannot be arranged.

I support Senator Ryan's call for a debate on the Middle East. There is a serious need for a lead to be taken in respect of political developments there. As a country which has past experience of the "Eye for an eye, tooth for a tooth" syndrome, Ireland should use its political influence in respect of this matter. I support requests by Senator Lanigan and others for a debate to allow us to try to influence the situation in the Middle East. It is distasteful and sad to see the way matters are developing in that part of the world and the loss of life that has already occurred.

With the Cathaoirleach's permission, I take this opportunity to welcome the Minister for Education and Science to the House to outline what he has done in relation to discussions—

The Senator will have an opportunity to do that in the debate this evening on the Private Members' motion.

If I can avail of that opportunity, I certainly will do so. However, it is important—

It is not in order to discuss this matter on the Order of Business.

If the Cathaoirleach will permit me, I wish to make a statement. I believe the Minister—

I cannot allow the Senator to make a statement on a matter that is on the Order Paper for debate this evening in Private Members' time.

In that event, I will take up the opportunity to welcome the Minister this evening.

Senators Taylor-Quinn, Norris, Costello, Jackman, Keogh and Burke requested that the Taoiseach come before the House to clarify the position regarding the awarding of contracts in respect of the aquadome required for the Special Olympics. As Members are aware, clarification is being sought from the special committee and from those who were contractually appointed to deal with these sophisticated contracts.

A contract is a contract. There is no such thing as a sophisticated contract.

As soon as this is clarified—

There are three elements in a contract.

The Leader of the House must be allowed to reply without interruption.

We had better not describe the Senator as sophisticated.

A sophisticated contract.

As soon as this becomes clear, I will make time available for Senators to discuss their various concerns about this matter. I look forward to long and worthwhile contributions to the debate by all the Members who requested it.

When will the debate take place?

Will it take place this evening?

Senators Norris, Costello, Lanigan, Ryan and Chambers requested a debate with the Minister for Foreign Affairs on the difficulties in the Middle East and also that Members be allowed to make statements on foreign affairs issues in general. I have already made a commitment to allow time for such a debate to take place before the general election. That debate may not occur before the Easter recess but it will definitely take place before the election.

Senator Jackman inquired about educational matters. I remind the House, as the Cathaoirleach has already done, that people's concerns about such matters can be aired during Private Members' time this evening when the Minister for Education and Science is present. I will pass on Senator Jackman's strong views to the relevant Minister in respect of radio licences and other communications matters.

Senators O'Meara, Henry and Keogh expressed strong views about violence against women and I will pass these view to the relevant Minister. Senators Lanigan and Ormonde requested a debate with the Minister for Health and Children on radiotherapy services, particularly those in the south east in towns and cities such as Kilkenny, Waterford, Wexford, etc. I will communicate the views of Senator Keogh regarding sentencing to the Minister for Justice, Equality and Law Reform.

Senator Burke called for an urgent debate on the BMW region. The Senator correctly pointed out last week the enormous difficulty Members from the west are having in respect of the many road projects that are disrupting traffic between that part of the country and the capital city.

(Interruptions.)

I remind the House that €8 million per day has been allocated for the west.

I feel fortunate, with Senator Burke and other Senators from the west, midlands and Border region, that this is available and sincerely hope all the local authorities of which we are members will strive as hard as possible to take up the enormous amounts of money allocated to our areas.

What about the mid-west?

Senators Ross, Ryan and Bonner called for a debate on banking, a field in which Senator Ross is very experienced. The Finance Bill will be before the House all day on Wednesday and Thursday, 20 and 21 March, when Senators may avail of the time to highlight their concerns.

Senator Caffrey called for a debate on the insurance industry. I remind the House that Fine Gael can avail of Private Members' time on 20 March and, if required, I will allow an extra hour, giving a total of three hours, to discuss this very urgent matter which many Senators from all sides of the House have raised with me in recent months.

I share Senator Ryan's concerns in relation to No. 1 and will allocate time when the motion comes back from the committee. Senator Bonner called for a debate on the fishing industry and the long-term effects of our membership of the European Union for which I will certainly allocate time. If I am unable to facilitate the Senator's call, I will include the matter in Fianna Fáil Private Members' time before the general election takes place.

It has been proposed that the Order of Business be amended in order that statements by the Taoiseach dealing with the awarding of the contract for the Abbotstown aquatic centre and An Post be inserted before No. 1.

Amendment put.

Burke, Paddy.Caffrey, Ernie.Coghlan, Paul.Connor, John.Costello, Joe.Cregan, Denis (Dino).Doyle, Joe.Henry, Mary.

Jackman, Mary.Keogh, Helen.Norris, David.O'Meara, Kathleen.Quinn, Feargal.Ross, Shane.Ryan, Brendan.Taylor-Quinn, Madeleine.

Níl

Bohan, Eddie.Bonner, Enda.Callanan, Peter.Cassidy, Donie.Chambers, Frank.Cox, Margaret.Dardis, John.Fitzgerald, Liam.Gibbons, Jim.Glynn, Camillus.

Kett, Tony.Lanigan, Mick.Leonard, Ann.Moylan, Pat.Nolan, M. J.O'Brien, Francis.Ó Fearghail, Seán.Ó Murchú, Labhrás.Ormonde, Ann.Walsh, Jim.

Tellers: Tá, Senators Burke and Taylor-Quinn; Níl, Senators Gibbons and Lanigan.
Amendment declared lost.

I wish to clarify that an amendment regarding No. 23, motion No. 18, has been delivered to Senators' pigeonholes. This amendment was delivered late because the Government did not meet until Thursday of this week, due to the referendum.

Order of Business agreed to.
Barr
Roinn