Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Seanad Éireann díospóireacht -
Wednesday, 26 Nov 2003

Vol. 174 No. 18

Order of Business.

The Order of Business is No. 1, a procedural motion agreed by the Committee on Procedure and Privileges on the attendance of Joe McCartin, MEP, in the House this morning, to be taken without debate, with the arrangements as outlined in the motion; No. 2, a pro cedural motion to enable Pat Cox, MEP, President of the European Parliament, to address the Seanad, to be taken without debate, the proceedings to conclude tomorrow at 12.40 p.m. as the Cathaoirleach has already pointed out; No. 3, statements on the Book of Estimates 2004, to be taken at 2 p.m. and to conclude not later than 5 p.m. with the contributions of spokespersons not to exceed 20 minutes, other contributions not to exceed 15 minutes, Members may share time and the Minister to be called on to reply not later than ten minutes before the conclusion of the statements; and No. 16, motion 28, to be taken from 5 p.m. to 7 p.m. There will be a sos from 12.30 p.m. to 2 p.m.

I understand the Government wants to introduce emergency legislation, the Road Traffic Bill 2003, to allow gardaí to breathalyse people in a number of circumstances, particularly in the run up to Christmas. The Leader may be assured that we will support that legislation tomorrow. However, the Minister for Transport made this announcement last Wednesday. He then went to the Statute Book, had a look at it and realised that he had made a botch of the legislation last year when he brought it to the House. He is now introducing this emergency legislation. To use the Leader's words in advice to the Minister, will he ever get his finger out on this issue? He must get real on this. Can the Leader tell me if the Minister, who has had to perform this last minute about face, will come into the House tomorrow? He seems to view the House as a disease-ridden place. He has not been seen here for the last 12 months.

A slight exaggeration.

I encourage the Leader to ensure that he comes into the House tomorrow.

I wonder if the Leader, given her experience, knowledge and standing within her own party, could organise CCTV cameras to be installed at meetings of the Fianna Fáil parliamentary party. To ensure that—

Senator Hayes, meetings of the Fianna Fáil Party are not relevant to the Order of Business.

They are very relevant to the country.

They are not relevant to the Order of Business.

When will the Government speak with one voice? The Minister of State at the Department of Enterprise, Trade and Employment, Deputy Fahey, is now bleeding his heart dry about community employment. Other Government Deputies are saying they do not want any more cutbacks. I heard one of them this morning in his own constituency bellyaching about the problems concerning the lack of sup port being given to young mothers whose children attend crèches. The latest attack on the Tánaiste about stem cell research comes from within the ranks of the Government. When will the Government speak with one voice? This has more to do with the upcoming elections and the fact that Fianna Fáil not only wants to be the Government, but also the Opposition.

Good cop, bad cop.

We will expose the double speak of those Members on the other side who say one thing here and another thing in their constituencies.

I thought it would be helpful if we could buy tickets to attend as observers at Fianna Fáil parliamentary party meetings so that we know what is going on.

The Senator would have to join the queue.

What happens at the Fianna Fáil parliamentary party is not relevant to the Order of Business.

Perhaps you, a Chathaoirligh, could advise me. I was a little upset to note that it was Deputy Finneran who defended Roscommon hospital. Senator Leyden was not heard on the issue at the parliamentary party meeting last night.

What Deputy Finneran says is not relevant to the business of this House. The Senator should speak on the Order of Business.

As regards fraud in financial services, particularly credit card fraud, about a year ago it was indicated to us in the House that the Government had been in talks with the financial institutions to protect against credit card fraud. People who use credit cards in most of the rest of Europe are required to input a personal identification number in the store or retail outlet to ensure the process is not dependent on an illegible signature. I met a man recently who said that instead of signing his own name, he had signed the name Mickey Mouse on ten successive credit card transactions and that no one had noticed. The transaction was accepted on each occasion. I am sure Senator Quinn agrees that there is a huge amount of fraud being perpetrated with credit cards. There is an easy solution to it, which is in place in other parts of Europe. Why is it not possible to have a system here where people, who use their credit cards, input a code or number in the same way as they do when withdrawing money? That would get rid of those people who steal credit cards and then use them incorrectly. I would like a Minister to come into the House to explain why that is not the case because the authorities have other crimes with which to deal.

The Governor of Mountjoy, John Lonergan, has been quoted in the newspapers as saying that the last thing the prison service wants is an industrial dispute. He spoke about the repercussions and the damage it would cause in the prison and to the lives and already difficult work of prison officers. We heard this morning that the prison staff will not get the benchmarking increases in the new year. We also heard about the proposal to close prisons, such as Spike Island which was given a large investment recently. There is no apparent reason why Spike Island should be closed. It seems there is a major crisis looming in the prison service. I call on the Leader to ask the Minister for Justice, Equality and Law Reform to come into the House to tell us what he is doing to ensure the prison service does not take industrial action and that issues, such as the overtime bill, are addressed in a way which is fair to prison officers and which recognises the difficult work they do.

As regards the recent gas explosion in south Dublin, a report has now identified the problem and suggests that remedial action is necessary. When will remedial action be taken? This is becoming a national issue. I ask the Leader to convey our concerns to the appropriate Minister. Perhaps we could have a debate on the issue. The public wants to know when remedial action will be taken.

I support the comments made by Senator Brian Hayes about the Government's hypocrisy on a number of issues in recent weeks.

That is not relevant to the Order of Business.

The Taoiseach visited the Leader's town last week and criticised local health action committees. Are we living in a dictatorship or a democracy?

Does the Senator have a question for the Leader?

I have, but I wanted to say that first.

That is not relevant. The Senator should put a question to the Leader.

The Taoiseach should apologise to the people in the midlands for visiting there at the weekend.

We had a great time.

Order, please. The Senator should put a question to the Leader.

I ask the Leader to invite the Minister for the Environment, Heritage and Local Government to come into the House at the earliest opportunity to discuss the serious issue of homelessness and the inadequate facilities provided for homeless people. Pre-budget submissions have been made by several concerned bodies, such as Focus Ireland and Threshold. It is important that the Government gets its act in order. It is a blight on this Government to see the number of people sleeping in doorways within 200 meters of the Houses of Parliament.

The Senator may make those points during a debate on the issue.

It is important for the Minister to come into the House for such a debate. We must ensure that proper facilities are put in place for homeless people.

I join with Senator Brian Hayes in welcoming the legislation on road safety which the Minister proposes to bring before us tomorrow. We all agree that the introduction of penalty points in particular has led to phenomenal results in terms of road safety over the past 12 months. Some 70 lives have been saved. I am sure the Leader agrees that the Minister has acted quickly to introduce legislation to ensure there are no challenges at a later stage. Publicity is vitally important, particularly in the run up to Christmas when many accidents occur due to drink driving. Statistics have shown that when a road safety publicity campaign is undertaken, lives are saved. I welcome anything which can be done in this House or in the other House to ensure a high level of publicity is generated.

The Minister is afraid to come in here.

He has been here on at least three, if not four occasions over the past 12 months. I refute what Senators Brian Hayes and O'Toole said.

We will not bite.

There will be more investigations in Fianna Fáil.

Order, please.

On Tuesday I asked the Leader to come back with an answer regarding the handcuffing of a 79 year old man guilty of a serious crime. Who makes the decision about when we should adopt the policy of handcuffing criminals? I understood it was traditionally the case that four groups of people were not visibly handcuffed, namely, children, old people, women and soldiers in uniform. If that policy has been changed for certain occasions – perhaps it is a good decision – was the decision made at a political level? I remember at least two women who were found guilty of murder in recent years and who were escorted without handcuffs. If a decision has been made to handcuff those who are found guilty and who are escorted, was it made at a political level or by the local prison officer? If that decision adds to the ignominy of a criminal, that is good. However, we must ensure that decision is made at a political level rather than being adopted from the American system without any thought.

I support the comments made by Senator Brian Hayes about the importance of the Road Traffic Bill, which will come before the House tomorrow. It is regrettable that the Minister does not incorporate in that Bill his intention to introduce more speed cameras around the country. As Members know, we have three speed cameras. Some time ago the Minister indicated he would expand that number to between 100 and 150 and outsource it. However, he has recently discovered that legislation is required to do this and it is regrettable that he must introduce ad hoc legislation. It is a pity that aspect is not incorporated in the legislation tomorrow. The Minister is good for soundbites, but when he is making statements like that he should know whether legislation is required before going off on a tangent.

Hear, hear.

Perhaps the Leader could alleviate some of the confusion about community employment schemes by explaining what is happening. My understanding is that the Estimates provided for 20,000 places on the scheme next year, the same number as will exist at the end of January. The Leader's 40 colleagues signed a statement saying they wanted this number increased by 5,000. The budget is next Tuesday, so I hope their energies will be displayed then—

The Senator has got it wrong.

That is the wrong information.

—and we will get the extra 5,000.

The Senator is wrong again.

I am looking for clarification.

Does the Senator believe everything he reads in the papers?

Senator Finucane, on the Order of Business.

The Senator should join the party. He will be welcome to find out the truth.

Senator Mooney, there should be no interruptions.

Senator Mooney is very tetchy today. I wonder what is wrong with him.

I have never been more relaxed.

There were too many divisions yesterday.

I call Senator O'Brien.

I was not finished.

The Senator is inviting interruptions.

I am not inviting interruptions.

There is no invitation.

I am asking the Leader to clarify the question of community employment schemes. Her colleague and my colleague went out on the plinth yesterday.

That is not the business of this House.

I want to know what is going on so I can tell the people of west Limerick what Fianna Fáil is really doing about this issue.

Senators

Hear, hear.

Good cop, bad cop.

Many people are concerned about the increasing use of drugs around the country. I ask the Leader to ask the appropriate Minister to come to the House for a debate on this issue. I also support Senator Brian Hayes and Senator Dooley's remarks in complimenting the Minister for Transport, Deputy Brennan.

I did not compliment him.

We see the improvements in road safety due to the measures taken by the Minister. It would be wonderful to see a major improvement in the drugs problem. I ask the Leader to arrange a debate on this issue.

There is now much confusion, particularly in the medical profession, about the implementation of the Hanly report. Last Sunday, Dr. Peter Kelly said on national radio that the entire report must be implemented in full, but at the same time we are hearing from the Taoiseach and many Government Deputies that accident and emergency units will remain open. What is the actual position? I ask the Leader to revisit this issue so we can provide clarity to those who are being asked to implement or not implement the Hanly report, depending on to whom one listens. I extend an invitation to all Members, particularly those on the other side, to join us in Nenagh on Saturday and finally bury the Hanly report.

(Interruptions).

That is not appropriate to the Order of Business.

Each local authority has different ways of promoting tourism. The catchy slogan of Donegal County Council is "Up here it's different" and this has worked well over the years. Following on from the remarks of Senator Brian Hayes, I want to raise what is happening at national and local authority levels. This week the Bill introduced by the Minister for the Environment, Heritage and Local Government was debated by our local authority, but members on the Government side objected to development charge levies. One thing is happening in the House and another is happening at local authority level.

This tells local people that the Government is treating them like mugs. It thinks they are stupid and that they are not able to interpret what is happening.

To return to the tourism slogan, this issue might actually shed some light on why it is different up there – the Government acts differently there compared to here.

There has been a certain amount of light-hearted banter about the indiscipline among Government ranks, but I do not take any pleasure in it. It is serious and regrettable.

It is none of the Senator's business.

Order, please.

This is the result of situations such as the one in which the Taoiseach should have fired the Minister for Defence, Deputy Smith, straight away.

Senators

Hear, hear.

Senator, that is the Taoiseach's job. We have no jurisdiction over that in this House.

I am particularly worried about the Cork Fianna Fáil Deputy who indicated, according to the newspaper, that he would take his guidance on stem cell research from the Roman Catholic Church.

We have no control over that.

In democratic terms, it is wrong. It is another significant attempt at interference by the Vatican, as has happened several times in recent decades.

We have adequately debated the issue of stem cell research.

This is a slightly different point, a Chathaoirligh. The Papal Nuncio should be called in and reprimanded for interference in the internal affairs of an independent country.

Many Members are concerned about the continuing abuse by the American Government of the human rights of those interned in Guantanamo Bay. This is a matter about which the House should be concerned. The people who are bringing this matter to our attention are not extremists or too liberal. One of the UK's senior judges, Lord Steyn, said in the last 24 hours that the prisoners there are held in conditions of "utter lawlessness." That is something that creates concern.

Members probably want to send their best wishes to the Irish troops who are going to Liberia. I do not envy them – conditions there are extremely dangerous. They are very courageous and I hope they will all come back safely.

I previously raised the question of the video recording of interviews in Garda stations and called for a debate on it. The Leader should continue to pursue this, but a new element emerged yesterday. In the Limerick area these video recordings, made available to the defence, are being played as entertainment in certain pubs by some of the gang masters and used for training in interrogation techniques. This is a matter we must investigate, for the sake of the Garda and the accused. We must consider the question of comprehensive video recording, but we must also consider the legal issues surrounding the subsequent use or misuse of these recordings.

Following on from Senator Norris's remarks about the troops who are leaving for Liberia on a most dangerous peacekeeping mission, there has been concern among some of the participants in the force about appropriate equipment. In my constituency of Sligo-Leitrim, a number of personnel from the Western Command will be participating in the mission. Their families have expressed concern that the troops are being sent with inappropriate equipment to carry out their mission effectively. I ask the Leader to request that the Minister for Defence come to the House to reassure us that the troops will be able to carry out their mission successfully.

I support Senator Brian Hayes in urging the Minister for Transport to get the finger out, as he was advised previously by his eminent predecessor. He is coming back to the House tomorrow yet again to make changes after the event, instead of making adequate provision beforehand. He went on a solo run with the stilts project at the Red Cow roundabout even though the RPA and the NRA said there is no need for such works. Perhaps if he is in the House tomorrow he will clarify these matters.

I ask that the Minister be made aware of the grave dangers associated with privatising speed cameras. Speed cameras are mainly used to act as a deterrent and hopefully change driver behaviour; they are not necessarily used to issue thousands of fines. The Minister would do well to study the position in England where the authorities are moving away from the use of speed cameras. They are surveying motorists to establish where such cameras are effective. The high visibility of cameras slows down motorists and this should be the emphasis as opposed to catching people out, as this may be counterproductive.

I wish to clarify two points. It is entirely legitimate for public representatives from Government parties to have an input into how national plans and policies are applied at local level in order to ensure their success.

The cuts have already occurred.

(Interruptions).

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

Churches have every right to make representations on any issues they wish.

They are not entitled to instruct members of Parliament on how to vote. This is what they are attempting to do and the Senator knows it.

Order, please.

Following on Senator Finucane's comments about community employment schemes, there is no doubt about the confusion that exists in the public mind. Unemployment is on the increase and Members are aware of the useful, plentiful and beneficial work that can be carried out by those working on these schemes. The Leader is known as a straight shooter—

The Senator should ask a question rather than passing a comment.

Beware of Kerry men bearing gifts.

I am asking a question. I would like to hear the Leader's views on this as I think she will give us a straight answer on what is happening, or about to happen, to community employment schemes.

I join with previous speakers in wishing the troops going to Liberia well. On the comments on military equipment, we had a good debate in the House on the mission to Liberia and received assurances that the troops would be properly equipped. No one would have more serious concerns in this regard than I, which is why I called for an ongoing debate on the mission while our troops are there. If occasions arise where equipment needs must be re-evaluated, this should be done and funds should be made available. Attached to the decision to send troops to Liberia is the political commitment to follow through and ensure their safety at all times. I hope the House continues to monitor this.

Some Opposition Members made comments about the certain confusions in Government—

It is not only certain confusions.

A further divergence.

I assure the Opposition that, as a member of the junior party in Government, there is no confusion in my party.

Hear, hear.

(Interruptions).

It is not in order to read from scripts on the Order of Business.

Does the Senator want to read my notes?

I do not see the Senator reading from a script.

I assure Senator Hayes that as a member of the Progressive Democrats, I am well used to Fianna Fáil backbenchers in Cork blaming my party for all the Government's unpopular decisions and taking credit for all the popular ones.

I do not think this is a matter relevant to the Order of Business.

There is no confusion among the Progressive Democrats.

I support the comments of Senator Brian Hayes on aspects of road safety. I would like the Leader to take up the issue of driving licences and the delay in the driving test with the Minister for Transport. This relates to a certain sector of the population, particularly in rural areas. People are driving with full no-claims bonuses but do not have a licence because they did not renew it within the allotted time. What is the difference between me, who renewed my licence in time, and somebody who has been driving all his or her life and has not renewed it on time? Those people are currently stranded. They have no licence and are not allowed to drive unless they are accompanied. The Minister should excuse those people and grant them their licences. They are largely middle aged and elderly people who have been driving all their lives and hold full no-claims bonuses. They are entitled to their licences and it is only because of a bureaucratic hiccup that they did not renew them on time. This issue has nothing to do with road safety and needs to be addressed as it inconveniences thousands of people throughout the country.

I am seeking a debate on credit institutions. The Central Bank has recognised a practice where these credit institutions allow young people to borrow large amounts using one-off bonuses that may or may not continue over time. This means the people in question are extending themselves far beyond what they would normally undertake in light of the low interest rates. However, due to the breach in the Stability and Growth Pact, there is a strong threat of a rise in interest rates. It would be good if this House could put down a marker for young people and have a debate on this issue that would explain the dangers that could arise. This would also warn the credit institutions not to allow young people to over-extend themselves. On a borrowing of €200,000, a 1% increase could cost a lot of money and put people in trouble. We have a duty to warn people of this.

Senator Brian Hayes spoke about the emergency traffic legislation. We have informed the relevant parties that this will be held tomorrow. We all know this legislation is needed and it would be for the good of the country that there would be close surveillance over the Christmas period and thereafter on those the gardaí feel could be under the weather. Legislation is required to provide for the establishment of an independent agency to oversee this. This was not included in the previous legislation and this is why the change is needed. We would be keen to deal with any legislation that would contribute to greater safety on the roads. I think this is the point Senator Hayes was making.

I know the Cathaoirleach will not allow me to talk about the CCTV cameras at the Fianna Fáil meeting.

What a shame.

I am sorry to tell Senator O'Toole that no observer tickets are available for such meetings.

Fine Gael got a series of television programmes out of a dull parliamentary party. One would get a soap opera from Fianna Fáil.

Fianna Fáil is now a family at war.

Order, please.

Senator O'Toole raised the serious issue of credit card fraud and called for a debate on this. I did not realise that one could get away with using a ridiculous signature and the payment would remain valid.

Senator Tuffy spoke about the likelihood of prison unrest and called for the Minister for Justice, Equality and Law Reform to come here to address the current crisis in the prison service. Senator Ormonde quite correctly moved from the local to the national. The result of the inquiry into the gas explosion in south Dublin has been released and it will have implications around the country. We will invite the Minister for Communications, Marine and Natural Resources to discuss this matter. People now feel they will not be connected to the network as a result of what has happened and it is important that some assurance is provided.

Senator Bannon attended the college opening in Athlone and looked lovely.

Thank you. However, the Taoiseach should have checked his facts before he made his comments.

The Senator called for a debate on homelessness. We have already asked the Minister for the Environment, Heritage and Local Government to come to the House and I hope he will do so soon.

Senator Dooley is correct when he says the transport legislation is urgently needed. Senator Quinn raised the policy on handcuffing suspects in criminal cases. On television last night I noticed Mr. Tobin – he is no longer Brother Tobin – was not handcuffed as he was brought from the court. We had the example of George Redmond the previous week. I do not know if this is a hit and miss policy. There used to be a policy about soldiers, women and young people. I do not know if this is political policy or an internal prison matter, but we can make inquiries.

Senator Finucane referred to the transport legislation and asked whether it could incorporate other legislation needed for traffic management. This is an urgent two paragraph Bill, which will be ready in the morning, but the other question can be raised. I was asked if I could clarify the matter regarding community employment schemes. We will see what the Estimates will bring, but I cannot clarify the matter.

The Leader is honest.

Senator O'Brien talked about the improvements in road safety and asked if that was mirrored in a lessening in the abuse of drugs. I am sure the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, Deputy Noel Ahern, will be glad to come to the House to talk about it. Senator O'Meara was confused about the Hanly report and invited Members of the House to visit Nenagh. I am going there on Friday, but that is for another matter.

The Leader is welcome.

I cannot clear up every item of confusion.

Nenagh is not relevant to the Order of Business.

Senator McHugh talked about policies being introduced at national level and their local implications in varying degrees and how they impact upon people. Senator Norris raised the question of the internees at Guantanamo Bay. I heard what the judge said this morning. He used the words "utter lawlessness". I think it was Judge Steyn—

Judge Steyn.

Senator Norris also wished good luck to the Defence Forces who are going to Liberia. He called for video recordings to be used in the right way in Garda stations and not incorrectly as at present. Senator MacSharry mentioned what had been conveyed to him about shortcomings in the equipment available to the Defence Forces going to Liberia. I too received quite a number of letters on that matter. The Western Brigade, most of which comes from Athlone and Sligo, is involved. The Minister of Defence, Deputy Michael Smith, spoke of those worries at a Representative Association of Commissioned Officers conference last week. The Defence Forces are now happy that he has put plans in place for that equipment to be supplied.

Senator Browne said that in the UK speed cameras were being used to slow down traffic and not to catch speed offenders.

They do.

I believe that is the case here too, because we are all on our marks and watching out for speed cameras. Senator Mansergh made the proper point that churches of whatever denomination have every right to put forward their points of view to the Government or Opposition of the day. He said everyone had a right of input into policy making.

Order of Business agreed to.
Barr
Roinn