The Order of Business is Nos. 1, 2, 3 and 4. No. 1 is a referral motion whereby the subject matter of motion No. 27 on today's Order Paper is being referred to the Joint Committee on Communications, Marine and Natural Resources for discussion. It concerns a change in the fees for licences issued or renewed on or after 1 January 2005. It is proposed to take this item without debate; No. 2, a referral motion whereby the subject matter of motion No. 28 on today's Order Paper is being referred to the Joint Committee on Justice, Equality, Defence and Women's Rights for discussion. It relates to the fact that all treaty provisions covered by the European Council decision will in future be adopted on the basis of qualified majority voting. It is proposed to take this item without debate; No. 3, Proceeds of Crime (Amendment) Bill 1999 — Committee Stage, to be taken on the conclusion of the Order of Business and to conclude no later than 5 p.m.; and No. 4, statements on decentralisation, to be taken at 5 p.m. and to conclude no later than 7.30 p.m., with the contributions of spokespersons not to exceed 15 minutes and those of all other Senators not to exceed ten minutes with the Minister to be called on to reply no later than five minutes before the conclusion of the statements.
Order of Business.
On the Order of Business last week, Senator Quinn called for a debate on road safety, particularly as we approach the Christmas holiday period. Last Sunday, there was an horrific crash on the M50 which was caused because the National Roads Authority decided not to install crash barriers on the median of that motorway. We need to debate this matter.
To whom is the NRA accountable? In 2001, the Government told the NRA to install crash barriers. Members of Fingal County Council and South Dublin County Council have repeatedly tabled motions calling for the installation of such barriers. In 2003, a jury at an inquest into the deaths of three young children stated that no motorway in Ireland should open to traffic in the future until suitable crash barriers are in place. Why is it that this unelected, unaccountable quango can refuse to follow the policy directives of politicians, locally and nationally, and think it can get away with it? Lives are being lost on our roads, particularly during this period. I understand the schedule is tight between now and the Christmas recess but I ask the Leader, if possible, to take up Senator Quinn's suggestion of having a debate on this issue before the recess. Such a debate would provide the NRA with a clear view from this House concerning the policy directives of politicians.
Last Wednesday, the House had a long debate on Private Members' time on the proposals and thoughts of the National Roads Authority. The issue of the proposed M3 motorway going through Tara was discussed at length. I congratulate the newly appointed Chairman of the Joint Committee on the Environment and Local Government, Deputy Haughey, for emerging as the soul of Fianna Fáil on this issue.
Hear, hear.
He has shown himself to be courageous and independently minded. Whatever way it works out, he has given a clear indication of his understanding of a complex issue. He reflects the views of many people who are very concerned. I have spoken to many such people in recent weeks. We should come back to the issues that were raised here last week.
An article in The Irish Times last Saturday suggested that alternative arrangements could be made concerning the proposed M3, including a motorway connecting Navan and Drogheda. That would rule out the need for a motorway going anywhere near Tara. A number of other proposals should also be examined. The House should heed the points raised by Senator Mansergh in last week’s debate. We should demand that the NRA listens to what we have to say. On the basis of what Senator Brian Hayes has just said, however, it is clear that the NRA is inclined to take no notice.
Recently, I listened to a representative of the NRA speaking on the radio. I have never heard such contemptuous arrogance from any representative of a quango in the attitude he took to people's decently proposed and articulated concerns about Tara. If those of us who participated in last week's debate had heard him speak beforehand, we would have been far more cutting in what we had to say about the NRA. His comments gave me no confidence that I could trust him.
When does the Leader expect us to return to No. 26 on the Order Paper? One of today's newspapers contains a long article on the appropriateness of a member of the Judiciary not being available for work for a number of years. No. 26 deals with the proposed dismissal of Judge Brian Curtin, which I cannot discuss in the House. However, I can ask when we hope to return to the issue on the basis that the action was rushed through with all haste. It had to be done and could not wait. Nothing was allowed to take precedence over this issue.
This took place some months ago and in the meantime a hard-working committee of decent politicians from both Houses is working on the matter. As I have said before, they will eventually be hung out to dry on this issue and will get no credit for the work they will have done. I have no doubt a deal will be done eventually behind their backs and we will all be part of this impossible situation. The matter should be brought to a conclusion and we should ask the Minister for Justice, Equality and Law Reform to do so in some other way than in the process under way at the moment. I cannot imagine we will ever come back to this debate before the next general election. Justice delayed is justice denied for the person in the centre of the matter. I hold no brief for the man in question; I have never met or spoken to him. However, I believe our concern is the application of justice and justice is not being applied in this case.
I would also welcome a debate on the NRA and road safety as raised by Senator Brian Hayes. If we have such a debate we should particularly consider what needs to be done to make trucks safe on our roads. While I do not make any comment on the drivers themselves, the prospects of having a fatality or very serious injury are far greater for a person involved in an accident with a truck. Two recent cases involved people being killed by trucks travelling at very slow speeds. One involved a very elderly person who walked in front of a truck at traffic lights. The truck driver did not see the person, who was killed. One of the witnesses at the inquest into the accident referred to the need for legislation to require additional mirrors on trucks to prevent such accidents in the future.
I ask the Leader to bring the Minister for Education and Science to the House to debate the right to education. I very much welcome the establishment of a body called Education Is Not For Sale, a coalition of teaching unions, students and other education experts. This body has highlighted the effective cut in third level funding evidenced in the recent Estimates, following on cuts made in the previous two years. This has resulted in the sector being very hard pressed in carrying out its duty to educate our young people.
I notice a report in today's newspapers about the Minister for Education and Science establishing a new statutory body, Education Ireland, to help attract overseas students here. The Minister is reported as saying that the international educational services sector was one of the fastest growing business sectors in the world. I would like the Minister to outline to us what she is doing to ensure that our education system is not a business commodity, rather is a right for people from all sectors of society and at all levels.
I express my appreciation to the Leader for arranging a very early debate on the decentralisation programme at 5 p.m. today. I forewarn the Opposition and particularly Fine Gael——
The Senator does not need to forewarn the Opposition.
The Cathaoirleach should name him and shame him.
That is what I will do at 5 p.m. I ask the Leader to arrange an emergency debate on the crisis at An Post, where the Communications Workers Union has served strike notice on An Post management in the event of new work practices being imposed or the loss-making SDS parcel subsidiary being closed. As a former Minister in the Department, the Leader knows it is vital that a strike be avoided, that meaningful discussions take place and that there is no megaphone diplomacy conducted through "Liveline" with Joe Duffy.
We have no control over what happens outside the House. Will the Senator please deal with matters within the House?
The disruption of postal services at this time of year is industrial suicide and will do untold damage to An Post, its workers and management and the economy. There are 50,000 non-nationals who rely on the postal service to send funds back to their families abroad. In my town of Roscommon, approximately 450 Brazilian workers send money to their families. As the Cathaoirleach will recall, we relied on this money in the 1950s and 1960s. I recall my own family getting cheques from America and Britain which helped to keep families together.
That is not relevant to the Order of Business. I do not remember getting any cheques from America. We will arrange for a debate on An Post.
The Cathaoirleach may not have needed them but many of us did. If he was the youngest of eight children, he would have needed them. It is important that the Minister for Communications, the Marine and Natural Resources comes into the House to explain the situation.
The European Parliament is passing far-reaching legislation this week that will require all EU passport holders to have biometric information stored on their passports. We have been told that this is to meet US requirements for visa waivers. This, however, goes beyond those requirements because there is digital face scanning in the US. There should have been greater consultation with national parliaments in Europe on this issue. I ask the Leader to invite the Minister for Foreign Affairs into the House to debate this issue, the costs involved in the issuing of these passports and the effect it will have on states within Europe. What safeguards will there be for the use of biometric information? Will citizens have the right to verify the information as correct? I do not want us to become a surveillance society.
I support the call for a debate on the NRA and road safety. There was a debate on one particular road last week but there are other issues of safety, especially in light of the horrific accident on the M50 at the weekend. The NRA is described as having made a U-turn in today's newspapers, where it is working on safety barriers on the Athlone bypass, but more work is needed.
I have called for a debate on the railways on a number of occasions. Attracting people to use the railways and opening new lines is important, particularly as the western rail corridor report should be available by early 2005. Progress has been made — Iarnród Éireann has announced that four new routes will open from 10 January between Dublin and Galway. The new route that starts in Athlone at 7 a.m. and arrives in Galway at 8.20 a.m. will be of great benefit. Hopefully, other commuter rail lines will be opened when the report by Mr. Pat McCann is published.
All Members of the House will take the matter I wish to raise seriously. I have asked the Leader on numerous occasions in recent months to provide information about a Gulfstream jet that has been landing at Shannon Airport and last week she kindly furnished me with the information she had succeeded in getting. I read it carefully; it consists of a report from The Sunday Business Post and answers to parliamentary questions in the other House. These are all matters of public record, but they raise serious questions and do not answer the questions I have been asking. It is clear that the Minister was aware of reports that the aeroplane, N379P, had been involved in extraordinary rendition, namely, kidnapping citizens of other countries and taking them to third locations for torture. He also confirmed he was aware of these reports, and now of course we know that this is the subject of international legal action by one of the victims involved and of a protest by the Swedish Government. He confirmed that the aeroplane had landed 13 times up until the end of 2003. The American authorities have never notified the Minister for Transport or the Department of Transport of these landings. The aircraft got a new registration this year, N8068V, and has used Shannon three times already in 2004.
I would like the Leader to ascertain the reason for this change. It obviously succeeded in one respect — it misled the Minister. He stated on 19 October that the aeroplane had not used Shannon at all in 2004——
We cannot debate——
——but by 24 November he had to acknowledge three landings under the new call sign.
The Senator cannot debate——
I am not debating. I am asking a question and I want the Leader to get answers to this issue. The Government has repeatedly made a weak case to the effect that it had no information concerning the aircraft being used for these illicit purposes. Eventually it said that the embassy had been told by the United States authorities that it was not used and would not be used in future. Will the Leader ask, in addition to the question I have already put, that we be told what personnel, at what level, gave the embassy these assurances? As a secret covert operation, it is covered by the plausible deniability doctrine, which is part of United States policy. Unless these questions are answered, we could be in a situation whereby a civilian kidnapped somewhere such as JFK, where one of these kidnaps occurred, could, strapped into an aircraft, land on Irish soil on the way to be tortured at some other destination. No Member of this House can regard this with other than the utmost seriousness. It will only be stopped if these questions are asked, or if the Garda Síochána uses its power to board that aircraft every single time it lands at Shannon Airport.
BreastCheck, the national breast screening programme, published its annual report for 2003 yesterday. It is a fine report and I would like to compliment all those involved on the information it highlights and the number of women's lives saved because of BreastCheck. However, as regards the west of Ireland, there is a line in the report which states: "Subject to satisfactory completion of planning processes and the granting of planning permission, it is now projected that screening facilities will be commissioned in early 2007."
The women in the west of Ireland are as entitled as those in the east of the country to receive this treatment. We cannot wait for the full commissioning in 2007. The previous Minister for Health and Children granted €20 million for this particular project. We need the new Minister for Health and Children, Deputy Harney, to intervene, knock a few heads together and ask what has to be done. We cannot wait until 2007. Women will die from breast cancer and this can be prevented.
There is widespread concern over the failure of the health boards throughout the country to implement fully and comprehensively regulations and criteria as regards residential child care centres. The social services inspectorate has clearly indicated its dissatisfaction over a whole series of important items, particularly with regard to the requirement that all appointments should be vetted by the Garda prior to being ratified. It seems that only three recent appointments have been treated in such a fashion. Obviously, there is great concern among the caring professions that this should be rectified as a matter of urgency. Will the Leader request the Minister for Health and Children to instruct all health boards to immediately comply with the criteria and requirements for such appointments and for the conditions within those residential centres? That they do not have a written safety and health statement is proof of their avoidance of the regulations put in place by the Houses of the Oireachtas.
Is the Leader aware the Minister for Education and Science has set up a new body, Education Ireland, on which I congratulate her? The aim of the body is to make Ireland a centre of educational excellence for international students. Undoubtedly it will attract more overseas students to come and study here which will, inevitably, be of tremendous benefit to the economy and society generally. I ask the Leader to invite the Minister to come to the House to give us more details about this exciting new initiative.
On the subject of the roll-out of BreastCheck which I have raised here on a number of occasions, Senator Cox may not be aware that it takes 22 months to roll out the entire BreastCheck programme from beginning to end. The reason it is only starting now for the western area, which includes north Tipperary, is that the Government has not, until recently, given funding to the BreastCheck organisation to allow that happen. Women are dying because of the delay in providing funding for this extremely valuable and effective programme.
Senator O'Meara might be happy to wait for that, but I am not. I am quite happy to have a fight here in this Chamber on the matter.
Order, please. Senator O'Meara, please.
Thank you, Cathaoirleach. Although we have a busy schedule between now and Christmas, I ask the Leader to schedule a debate on Northern Ireland if it is appropriate and feasible. We hope the events taking place now are happening in an atmosphere of hope and optimism. In regard to remarks made by the DUP leader at the weekend, and reiterated today, I appeal for an atmosphere of forgiveness rather than one of recrimination.
A couple of weeks ago we debated the pros and cons of the national car test. It has come to my notice that Garda vehicles are exempt from the national car test. Surely the safety of gardaí is as important as that of any other citizen in the State. We should not ask gardaí to take cars out on the road which do not have the proper safety measures in place. The Minister announced a traffic corps last week and can bring new cars to Dublin from various divisions around the country. However, he should be asked to ensure the Garda has the proper resources in its vehicles and has proper vehicles to drive when going out on our behalf to fight criminals. The Minister should be asked to address that problem as a matter of urgency.
I support Senators O'Meara and Cox on their concern regarding the delay in extending BreastCheck to the whole country. Both Senators are correct in saying that women are dying because of a lack of this programme.
On a more cheerful note, I ask the Leader for a debate on the report on the excellent hospice movement which, I am sure, all of us have had the good fortune to avail of from time to time. This worthy institution is, I am sure, supported by all Members and it would be worth looking at the new report with a view to giving the movement further support.
I support the call by Senator Brian Hayes for a debate on the National Roads Authority, particularly in light of the appalling accident on the M50 which happens to be in my area. This was the site of another accident which resulted in death some time ago, due to the fact that the crash barriers are not in place. It was not today or yesterday that a call was made to the NRA to provide crash barriers. Numerous calls have been made on Fingal County Council to have these crash barriers put in place on the M50 and other major national routes. It is time the NRA listened to public representatives who know what is necessary to help avoid the types of crashes that occurred in the past week and for a number of years. Its response has been that sufficient money was not made available to deal with the issue. Given that roads are being built at a cost of hundreds of millions of euro, I do not understand why additional funding cannot be provided to put safety on our roads first. It is time we had a debate on the NRA and road safety generally.
When does the Leader expect the terms of the Berne Convention for the Protection of Literary and Artistic Works will be taken in the House? I support the call by Senator Brian Hayes and others for a debate on the NRA following the appalling recent accident, and other accidents, and in light of the remarks made here last week, coupled with the remarks of the distinguished Chairman of the Oireachtas Joint Committee on the Environment and Local Government. It is timely to have a debate on the NRA.
I concur with the requests for a debate on the NRA and road safety. We should include in the debate the option of making crash barriers removable in sections. Such a facility would mean that if a crash takes place, at least traffic could be diverted, avoiding a massive build-up of traffic stretching for miles, as witnessed over the past few weekends. Crash barriers should be removable in sections which is standard practice in Europe.
On the issue of passports, many people who are planning to travel abroad over the Christmas period are being told by travel agents that their passport must be valid for six months after they are due back home. I understand this is incorrect. The law makes it clear that once one's passport is valid for the day one returns home, it is valid, full stop. This new rule goes against the law and it needs to be clarified for both the travelling public and travel agents. This is incorrect information which makes a mockery of our laws.
I share the concerns of Senator Cox regarding the delay in the roll-out of BreastCheck in the west of Ireland. I raised the issue in this House on many occasions. I agree with Senator O'Meara that the Department of Health and Children has not properly funded this service. A woman living in the west of Ireland is more likely to die from breast cancer than a woman living in any other part of the country.
What is happening in the Department of Transport? I would like the Minister to come to this House to outline when speed cameras, promised last year by the previous Minister, Deputy Brennan, will be delivered. It appears they will not now be introduced until at least 2006. As a result of the Government's dilly-dallying, more people will die on the roads. We are aware that the introduction of speed cameras can reduce road deaths by up to 20%.
The Department of Transport is hiding behind many issues. It is unfair for county councils and local authorities to take the credit for good decisions and blame the NRA for bad decisions. The NRA does not have autonomy. It comes under the administration of the Department of Transport and we cannot blame it for decisions willy nilly.
I welcome the fact that Ryanair has opened up new routes from Shannon Airport. It is good that I can travel to Shannon and avail of extra routes to Europe and the UK. This is something I cannot do from Dublin Airport because the second terminal has not even been discussed.
The Leader of the Opposition, Senator Brian Hayes, raised the need for a debate on road safety, echoing what Senator Quinn said last week. The Road Traffic Bill 2004 will be taken in the Seanad next week. However, I am aware it covers a different matter.
The Senator also asked to whom the NRA is accountable. We cannot have bodies that have no regard to anybody. The Minister may intervene or speak with such bodies on certain issues. However, it is an independent body. People have for a long time been asking questions regarding crash barriers. The NRA took a unilateral decision not to erect them. Now it is putting them up. Crash barriers are currently being erected on the bypass around Athlone over a distance of three or four miles. I also take the point that such barriers might be demountable in the case of a crash.
Senator O'Toole raised the issue of the proposed M3 motorway through Tara. He referred to last week's debate on the matter and congratulated the newly appointed Chairman of the Joint Committee on the Environment and Local Government, Deputy Haughey. When I read the newspapers today I took the view, like Senator O'Toole, that Deputy Haughey will be his own person.
It seems a Haughey is needed out there.
The Senator asked about the progress of a particular inquiry. All I can tell him is that it is sitting as we speak. I suggest that he speak to some of the members of the committee——
That would not be fair.
They might be able to tell the Senator when or if it is drawing to a conclusion.
It would be unfair to ask the members of the committee.
Senator Tuffy agreed with Senator Brian Hayes on the NRA. She also referred to the new body, Education Ireland, which has been set up by the Minister for Education and Science, and to the new Education Is Not For Sale group. She asked whether the focus in education would be always on the economic aspects or whether there would be room for education of the mind and spirit as well. I very much agree that there is another dimension to education.
Senator Leyden gave us a portent of what he intends to say this evening. It is nice to get prior notice.
It was a warning.
He asked whether there would be time for an emergency debate on An Post. He described the disruption of postal services at this time of year as industrial suicide. Senators Ross and Hanafin asked for a debate on An Post last week and the week before. We postponed having a debate. However, we should now try to have one because none of us knows now whether there is any point in posting Christmas cards. I will, therefore, endeavour to see whether a debate on the issue can be accommodated.
Senator Bannon asked that the Minister for Foreign Affairs be invited to the House to explain the new EU directive on the storing of biometric information on passports. Senator Kitt has on a number of occasions called for a debate on the railways. I will endeavour to facilitate such a debate. He referred to the new routes Iarnród Éireann is putting in place. He also agreed on the need for a debate on the NRA.
Senator Norris questioned the material I gave him. I will speak to him afterwards with a view to furthering the matter. Senator Cox referred to the publication of the annual report of BreastCheck and the need for the Minister to intervene, given that it would be early 2007 before screening facilities would be in place, even though the money has already been granted. Senator O'Meara told us it takes 22 months to roll out the entire BreastCheck programme.
Senator Ulick Burke raised the regulations regarding residential child care centres and the vetting of appointees by the Garda Síochána. The chief inspector with responsibility for children's residential homes stated on radio this morning that vetting occurs post-appointment. That is worrying. I will therefore ask the relevant Minister to come to the House to debate the matter.
Senator Fitzgerald asked whether the Minister for Education and Science could come to the House to give us more details regarding the new education body, Education Ireland, which was also raised by Senator Tuffy.
Senator O'Meara stated it took 22 months to roll out the BreastCheck programme. She also called for a debate on Northern Ireland, which I had thought of myself. Given the prevarication and pushing back of the date for possible agreement, I am not sure such a debate will be possible but I will make the request. We are all following developments on the issue.
While Senator Cummins stated Garda vehicles are exempt from the national car test, I am not sure this is so.
It was confirmed in a court case this week.
School buses are also exempt.
They undergo a different type of test for roadworthiness.
It is not satisfactory.
Allow the Leader to speak without interruption, please.
Senator Henry referred to the hospice movement and I agree the issue would make for a good debate as interesting facts are emerging from surveys thereon. Senator Terry called for a debate on the NRA in the context of Sunday's horrific crash, which influences all our comments today.
Senator Coghlan will have to inform me of the convention on literary works as I am not aware of it. However, I would be keen to learn more and perhaps Senator Coghlan and I could have a conversation through you, a Chathaoirligh.
I do not think he will have it through me.
You would be an excellent choice, a Chathaoirligh.
Senator Coghlan and I have other ways of meeting. The Senator also praised the current Chairman of the Joint Committee on the Environment and Local Government.
I agree with Senator Browne that crash barriers should be removable in sections. While I do not know of the passport rule he has unearthed, it would make a good and pithy Adjournment matter.
I was glad Senator Feighan referred to BreastCheck, an issue which concerns women and men. The Senator also questioned the pace of delivery of speed cameras. In conclusion, he stated that Ryanair had opened new routes from Shannon. While I was delighted to read of this, we should be wary because the routes may be chopped before passengers get on the aeroplanes.