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Seanad Éireann díospóireacht -
Wednesday, 13 Jun 2012

Vol. 215 No. 16

Order of Business

The Order of Business is No. 1, statements on the Seanad report on the rights of older persons, to commence at the conclusion of the Order of Business and conclude not later than 1.30 p.m., with the contributions of group spokespersons not to exceed eight minutes and those of all other Senators not to exceed five minutes, and the Minister to be called upon to reply to the debate not later than 1.20 p.m.; No. 2, Criminal Justice (Spent Convictions) Bill 2012 — Order for Second Stage and Second Stage, to be taken at 3 p.m. and conclude not later than 5 p.m., with the contributions of group spokespersons not to exceed eight minutes and those of all other Senators not to exceed five minutes, and the Minister to be called upon to reply to the debate not later than 4.50 p.m.; and No. 3, Private Members' business, Business Undertakings (Disclosure of Overpayments) Bill 2012 — Order for Second Stage and Second Stage, to be taken at 5 p.m. and conclude not later than 7 p.m.

Ba mhaith liom fáilte a chur roimh na daltaí, tuismitheoirí agus múinteoiríó Ghaelscoil Brian Boroimhe i Sord Cholmcille. I ask the Leader what progress, if any, he or the Deputy Leader made with the Taoiseach and the Tánaiste on the upcoming trial in Bahrain of the 20 doctors who are being tried again in civilian court. I was pleased yesterday that across the House, Members from all parties and Independents showed full support for the Bahrain doctors, one of whom was in the Visitors Gallery yesterday. I remind the House that there are people already in a military court who have been charged and handed sentences of between five and 15 years for simply doing what doctors should do in looking after people who are in distress and injured. Did the Leader contact the Taoiseach and the Tánaiste yesterday given that this matter needs to be raised at the highest level, namely, with the King of Bahrain or his Ministers?

On 6 June I asked for the publication of the letter that the Taoiseach sent to Chancellor Angela Merkel, the President of the European Council Mr. Herman van Rompuy and the other EU Heads of Government in respect of the Government's negotiating position post the passing of the referendum on debt sustainability and how the debt burden will be dealt with here. At that time the Taoiseach would not give the other House any details of his telephone conversation with Chancellor Merkel. We do not know what the Taoiseach sought. Did he seek a debt write down, extension of debt terms or a reduction in interest rates? If we do not know that the people do not know it either.

The Senator should——

Will the Senator please relax for a minute.

Senator O'Brien to continue, without interruption.

Yesterday, the Taoiseach made a couple of disparaging remarks in the other House in response to my party leader, Deputy Micheál Martin, about the bank guarantee. He misled the House yesterday when he said there was no file, or a file may have been shredded, on the documentary evidence given to the Minister for Finance at the time in respect of the decision that had to be taken to bring forward the bank guarantee. I served on the Committee of Public Accounts of the last Dáil where we got extensive files on the advice given and on the choices the Government had to make at the time and the various options. They were published by the Committee of Public Accounts of the previous Dáil.

It beggars belief that the Taoiseach can come into the House and tell Members he cannot find the file, that there was no file or that it might have been shredded. Worse than that, his officials are rowing back from the issue. That is a matter the Taoiseach needs to clarify. In fairness, the Leader cannot do that today. However, the Taoiseach's officials gave a letter to The Irish Times which the Taoiseach sent on 7 June calling not for a debt write down or debt restructuring but a “constructive debate” on the challenges of resolving the Irish and wider European banking problem. That is nothing like what he told the Irish people about getting a better deal. In no shape or form does he state what Ireland is seeking. Two weeks ago I asked that the letter be published in the Houses of the Oireachtas. The letter should first go to the elected representatives of the people in the Seanad and the Dáil, not to The Irish Times. All we have is a paraphrased letter. To make matters worse, the letter is extremely vague on what Ireland is seeking. It does not refer to debt forgiveness, debt write down or a reduction in interest rates but a Government spokesman said yesterday that there would have been “some more specifics in Mr. Kenny’s telephone call with Dr. Merkel.” The official apparently knows that but the people do not, because the Taoiseach will not tell us what he said to Chancellor Merkel nor will he tell us what she said to him.

In the recent referendum, the people made a decision, one I agreed with, to back Europe and support a "Yes" vote. At the very least the people deserve clarity on the Government's position. Will the Leader make contact with the Taoiseach to seek a commitment that the letter he sent to Chancellor Merkel and Mr. Van Rompuy on 7 June will be published in full and given to every Member in order that it can be debated properly to ascertain the Government's real position?

The Senator asked for feedback on the Bahrain trial. He will be aware I expressed the strong support of this side of the House, which was shared by everyone in the House, for the people of Bahrain and particularly for the doctors who are on trial and awaiting a verdict tomorrow. All of us were very impressed by Dr. Nada Dhaif who spoke on the news last night about the trial and the oppression being endured by the Bahraini people and Bahraini medics. I raised the matter directly with the Tánaiste's adviser yesterday. The Tánaiste is in Armenia. I was informed yesterday evening that the matter was raised directly with the Tánaiste. Therefore, the concerns expressed on the floor of the House went directly to the Tánaiste. I am confident the issue will be raised at international level. International pressure has been very important. The only reason any civilian trial process was engaged in was because of international pressures. The Senator is right to keep up the pressure, pending the verdicts tomorrow.

I call for a debate not just on the Bahrain situation but on the situation in Syria. Anybody who has seen footage in the past 24 hours of the UN peacekeepers being turned back and being unable to investigate the reports of further civilian massacre in Syria would be appalled. It brings back dreadful and horrific memories of Srebrenica and the atrocities that took place there. The United Nations will have to take further action on Syria. The difficulty with Russia supplying the Syrian Government with arms has been highlighted in recent days. We should have a debate on the matter. I will certainly raise the issue directly with the Tánaiste as I have raised the issue of Bahrain.

On a positive note, given the day that is in it, I congratulate my fellow Senator Susan O'Keeffe for initiating the inaugural Yeats Day which takes place in Sligo today on the birthday of William Butler Yeats. It is a dawn to dusk celebration which will feature music, poetry and theatre and will be launched by the Minister for Arts, Heritage and Gaeltacht Affairs, Deputy Jimmy Deenihan. The Senator has asked me to acknowledge Senator David Norris in particular, who has given a great welcome for Yeats Day and has played such a pivotal role in the celebration of Bloomsday which takes place in Dublin on Saturday next.

Is the mayor of Sligo invited?

I wish Yeats Day in Sligo and Bloomsday in Dublin the best of luck.

In the context of Bloomsday and Yeats Day I call for a debate on cultural tourism. I am conscious that events such as Bloomsday, and we hope also Yeats Day, bring in large numbers of tourists and visitors to different places.

On the Adjournment yesterday I raised with the Minister of State at the Department of Foreign Affairs and Trade, Deputy Joe Costello, the issue of certificates of Irish heritage. Some 682 have been purchased and 58 issued by way of presentations, including a certificate to President Barack Obama and former President Bill Clinton. These are important assets that can be used in generating further tourism and interest among the Irish diaspora about visiting Ireland. We could easily have a debate on this topic.

I call for a debate on the extraordinary happenings within the ESRI. What has happened in respect of the report on the cost of working in Ireland is remarkable. The truth should set us free. Is the problem with the report its findings, its methodology, analysis and calculations or is there a political problem with the stark and dramatic conclusions that the report, whether it is a working paper, has reached? It is unprecedented that the report should be withdrawn and there appears to be a controversy within the organisation. It is appropriate that we have a debate on the matter given that this is an important body which receives State funding.

Since the Dáil is slow to say something it ought to say, perhaps we should say it in here. Defrauding the State is wrong. Fiddling one's taxes is wrong. We should not lose time in making that clear within the House. We should be slow to accept excuses about the dangers of impacting on due process. There are things that can be said immediately about misstating one's tax liabilities and they should be said without delay. A motion of censure should proceed without delay. There is a certain ambivalence, at which I am surprised, in some parts of the media towards the individual in question. This is shown in pointing to the apparent hypocrisy among the political establishment parties in pointing the finger at the Independent Deputy in this case, but I wonder whether there is hypocrisy in the media. I do not recall, for example, an editorial in The Irish Times about former Senator Ivor Callely. I had no sympathy for him, but I do not recall an editorial with language such as, “He should still ask himself in all conscience whether he remains able to his personal satisfaction either to represent constituents effectively or contribute usefully to the causes that animate him”. There is something rather fawning about that language.

What needs to happen is that a spade needs to be called a spade. I have said previously that I am not a big fan of the culture which looks for heads or people to resign. The people of Wexford can decide on what should happen to the Deputy at their next opportunity, but for somebody who defrauds the State by not paying his taxes, the way to demonstrate positive intent is to come forward with a schedule of repayments, by perhaps going on the average industrial wage and paying the difference to the State. That would show a genuine desire to put things right. In a way, in politics we should allow people to put things right and resume a respected place, but a person needs to do something before people can believe in him or her again. That is what needs to happen in this regard.

This draws our attention to the issue of ethics in business. In that context, I am hopeful the Government will support my Private Members' Bill — Business Undertakings (Disclosure Of Overpayments) Bill 2012. Businesses often overpay and there ought to be a requirement on those who receive such overpayments to disclose them. Revenue, the local authorities and the Department of Social Protection often make overpayments. Therefore, there should be an interest in putting an obligation on those who receive overpayments to disclose them and facilitate their repayment, not only as a matter of good ethics and good business practice but also as a matter of law.

I very much welcome the intended appointment of an independent planning consultant by the Minister of State at the Department of the Environment, Community and Local Government and the 12 recommendations made in the review of the planning system in a number of local authorities. Clearly, there was a lack of guidance on how rules should be enforced and the system administered. The report highlighted serious issues, including instances of maladministration and inconsistency in the application of planning laws. I look forward to the independent consultant assessing all of the actions taken and, I hope, proposing additional measures that he or she deems appropriate. There are broader themes and perhaps there will be further recommendations. I do not say because the report did not find evidence of corruption that I do not believe there is corruption, but there may have been in the past. Provincial town centres have been decimated by out-of-town developments that should not have been allowed by managers. Will the Leader in early course fit in a debate on planning in the light of the Minister of State's announcement yesterday and the recommendations made in the review? I acknowledge we had a debate on the Mahon tribunal report, but we should have a debate that concentrates on the recommendations made in the report. I ask the Leader to give consideration to this matter.

I propose an amendment to the Order of Business, that the Taoiseach come to the Seanad to explain the circumstances behind the allegation regarding the shredding of files in the Department of the Taoiseach and the leaking of a letter to The Irish Times and the failure to lay it before the Houses of the Oireachtas. The matter dealt with by him in the Dáil yesterday is of the most serious nature and elected representatives are entitled to find out if there was a Garda investigation, who is under suspicion in the Department and whether the Taoiseach is blaming civil servants, the former Taoiseach or a deceased former Minister for Finance? We do not know. I would like to know whether it has been brought to the Taoiseach’s attention that a substantial file running to hundreds of pages is available on the website of the Committee of Public Accounts of the previous Dáil. It is not good enough for him to go into the Dáil to make allegations that he made up on the spur of the moment. If he were to come to the House, it would give him an opportunity to rebut the suggestion I have made because it seems to have been made on the spur of the moment thrown in a debate in which he was challenged rightly and seriously on behalf of the people on what exactly the Government was up to in negotiations with Angela Merkel. It is of the utmost importance that he come into the House if he is not available to make an explanation in the Dáil to outline what he is talking about in regard to this file. We have a right to know. Therefore, I propose the amendment I have described.

I concur with Senator Paul Coghlan in his comments on planning. The Minister of State's proposal to appoint an independent consultant is a positive step.

I again request the Minister for the Environment, Community and Local Government to grant an extension of the deadline for the receipt of replies from local authority members in the local government reform questionnaire. It was sent in a strange way to elected members through county managers. At the close of business yesterday, the elected members of four local authorities still had not received it, despite the requirement to submit replies by next Friday. During a debate with the Minister of State in the House last week I requested her to bring this matter to the attention of the Minister. She assured me that she would and she did. At the time Senator Pat O'Neill was present and he assured me that he would also bring it to the Minister's attention. When I checked earlier, the Minister had still not responded. One of Senator David Cullinane's colleagues raised the issue with the Taoiseach in the Dáil yesterday who said he would respond by way of consultation with the Minister. The deadline has still not been extended. We are simply asking that the Minister, in view of the fact that some elected members have not yet received the questionnaire, extend the deadline from 15 to 22 June. Furthermore, the methodology used in circulating the questionnaire via county managers to the elected members of both county and town councils was an insult to them. Every elected member has an e-mail address and the questionnaire should have been sent directly to them. There is a need to provide for a one week extension of the deadline to ensure an appropriate number of responses can be garnered on this important subject. Will the Leader bring this matter to the attention of the Minister?

I thank the Deputy Leader for her kind remarks about Bloomsday. I was pleased to send a message of congratulations to her colleague, Senator Susan O'Keeffe, about Yeats Day. The President has graciously accepted our invitation to attend the opening of Bloomsday at 8 p.m. in the James Joyce Centre.

I wish to raise a serious issue that I have raised previously and which is covered by No. 23, motion No. 9, on the Order Paper. The House should discuss the annual report of the Press Council of Ireland and the Office of the Press Ombudsman for 2011. They had 77 cases in hand at the end of 2011. While one third related to truth and accuracy, there was a threefold increase in the number of complaints about prejudice, but they are passive. They are not proactive in defending citizens, which is a problem. I do not believe in calling for people's heads, but we should seriously scrutinise this office. It is a flimsy report in which I take a certain interest because, for some reason, I take up half a page in it. Included in it is a photograph of my initial withdrawal from the presidential election campaign without an explanation. The other picture was of either a fox hunt or a point-to-point meeting. Perhaps there is a concealed message in this, but the House must take this issue seriously in the light of the fact that it has been demonstrated that similar offices, particularly the office of the Information Commissioner in the United Kingdom, have been used as a buffer to protect newspapers from recourse by members of the public.

I am particularly concerned at the recent Leveson inquiry revelations that the former British Prime Minister, Mr. Tony Blair, decided to manage rather than confront the press because he knew it would relentlessly, consistently and remorselessly pursue not only him but also his family, even after his leaving office. If the Prime Minister of Britain can be terrified of the press, we should all take note. Yesterday we had the revelation that Rupert Murdoch had attempted directly to change policy during the premiership of Mr. John Major. It has been clearly shown that members of the police force, the information system and certain politicians in that jurisdiction have been corrupted, that people's lives have been ruined——

Does the Senator have a question for the Leader?

I am calling for a debate on this report for the reasons I have just set out. The entire political system has been corrupted and vitiated and politicians made terrified. Against this background, I was astonished by the observation made by the Press Ombudsman of Ireland on "Morning Ireland" on 29 May that the message from the Leveson inquiry to British newspaper editors was that the current system was "not quite up to scratch." That is a remarkable understatement on a situation where people are dead, telephones were hacked, and the political, police and information systems corrupted, yet the ombudsman who is charged with oversight of this area——

The Senator can make these points during the debate on the issue.

——is of the view that the system is merely "not quite up to scratch." We must have a full debate on all of these issues in order that the people can be protected in an increasingly vicious situation where, because of financial pressure on newspapers, young journalists, in particular, are being bullied. Editors are the worst people in many of the lowest elements of the press because it is they who direct young reporters on what to do.

I join my colleagues in welcoming the inaugural Yeats Day and look forward to attending the function this afternoon in Sligo. It is a very good day for us.

As my party's spokesperson in this House on marine issues, I welcome the agreement reached early this morning on the Common Fisheries Policy. I particularly welcome the move to end the requirement regarding discards, whereby fish are thrown overboard. Given the conditions of poverty and famine in countries across the globe, it is important that this practice should cease and that there be no requirement on fishermen to throw produce back into the sea. I also welcome moves to assist fishermen operating in a small way along the west coast. These are positive developments for the fishing sector.

I thank the Leader for undertaking to examine my request yesterday for a debate on the issue of poverty. I hope it will happen in the coming weeks. Like Senator Rónán Mullen, I have concerns about the report of the Economic and Social Research Institute which was subject to some discussion in the House yesterday. The inferences flowing from it were that the 440,000 people out of work in this country were somehow better off than those in employment. I greeted much of what was stated in the report with circumspection and it now transpires that the ESRI cannot stand over it.

The author of the report stands over it.

The author might stand over it, but the ESRI has withdrawn it and stated it cannot stand over its findings.

It begs the question as to whether pressure was applied to the organisation to do so.

The ESRI is a Government-funded body, yet we are told that the report was subject neither to internal nor external peer review, the accepted norm for all such reports, and that although it was available on the ESRI website for three weeks, it did not adhere to the process of refereeing, to which this type of academic research was usually subjected. The question arises as to whether the report is part of a broader agenda which involves certain public representatives, sections of the media, academics and others seeking continuously to undermine the social welfare system and promote the impression that people on social welfare are somehow better off than those who are working. As I said, I was circumspect about much of what was set out in the report. There certainly are issues about the plight of the working poor, with many low income families, because of strict means-testing thresholds, not qualifying for certain benefits. However, there are questions to be asked about the ESRI following this report. I ask the Leader to get back to me personally or report back to the House when he receives a response from the agency on this matter.

I welcome the strong criticism by the Minister for Education and Skills, Deputy Ruairí Quinn, of the delay by the seven university presidents in bringing forward new proposals on the points system for third level admissions. The universities must get their act together on the matter without delay. Last September the college heads — all vocal critics of the leaving certificate and rote learning — promised to bring forward proposals for reform without delay, but nothing has happened to date. As King Lear said to his daughter Cordelia, "Nothing will come of nothing."

Creation ab nihilo.

The Comptroller and Auditor General has found that more than €8 million in authorised allowances was paid to senior university staff between 2005 and 2011. Our educational elite are creaming off the top. There are Members of this House who are representing some of the universities.

Does the Senator have a question for the Leader?

I am very happy to return to the English department at any time if——

Senator D'Arcy, a question for the Leader, please.

Does the Leader agree that the universities hold our most precious resource — our young people — in their hands and, as such, should be much quicker to respond to current needs?

I second the amendment to the Order of Business proposed by my colleague, Senator Thomas Byrne.

In regard to No. 17 on the Order Paper, Registration of Wills Bill 2011, will the Leader ask the Minister to reconsider the Government's legislative intentions in this regard in the light of the Private Members' Bill introduced by Deputy Liam Twomey, a former Member of this House, in the Dáil last week. The Advance Healthcare Decisions Bill 2012 which provides for so-called living wills was accepted by the Government and will, in due course, be passed into law. Ireland is one of only seven member states of the European Union without a system for the registration of wills. Five of the seven have initiated a legislative process in this regard, with Malta considering such a proposal. A convention on the establishment of schemes of registration was agreed to by the Council of Europe in 1972, but it was not signed by Ireland. It is fine to bring forward legislation providing for living wills, but there is no reason to suppose that all or even most such wills will ever be enacted, given that they may not be found when needed in a situation where so many solicitor firms have gone out of business in the current recession. The wills books held by such companies may be mislaid or lost and the wishes of those concerned will not be fulfilled. I have raised this matter before and intend to bring it to the attention of the Taoiseach as soon as possible. I am not interested in whether the Bill is in my name; my concern relates to the principle of having legislation enacted. On the one hand, there is so much unnecessary legislation, while, on the other, so many legislative provisions are being ignored. This is very important legislation, about which I have been contacted by several people who are concerned about it. We cannot have a situation where people's wills are lost and their last wishes not fulfilled.

Will the Leader consider this matter with his advisers and perhaps bring it to the attention of the Government?

Will the Leader consider a debate on how inquests are conducted, particularly in cases of suicide? We attended a presentation in the audio-visual room recently by a group campaigning for increased sensitivity in the Coroner's Court in the holding of inquests in cases of suicide. Obviously, it is a very harrowing and difficult time for families. We must ask ourselves whether such inquests should be open to the public or whether they should be confined to family members, close friends and witnesses who may have information; whether the holding of such inquests in public serves a useful purpose, and whether the media treat them with the sensitivity required. Families go through enough trauma and difficulty without having the cases sensationalised in the media afterwards. Whether the court setting is the best place to hold inquests or whether a hotel, community centre or hall might be a more suitable venue is an issue which needs to be discussed. It is an issue on the minds of many. Suicide causes great pain for many families. The group campaigning for increased sensitivity in the holding of inquests deserves our support. Perhaps it is an issue the House might discuss on a future occasion.

I was pleased when Senator Jim D'Arcy raised the issue of the Minister for Education and Skill's annoyance with the university heads for their failure to respond. The problem has to do with the Trade Descriptions Act and perhaps the cartel legislation. The problem is that the Irish Universities Association does not represent anybody who lectures in Irish universities. It is the Conference of Heads of Irish Universities with a new label. They would not know anything about those who come from schools into first year lectures because it is so long since they have given a lecture. The Minister has made a mistake in unwittingly giving them this status. Their view that the leaving certificate was not a suitable qualification to attend university was not based on direct experience and their failure to respond is understandable because literally they do not know what they are talking about. What I hear from examiners from outside Ireland — as recently as Thursday of last week — is that the standard of students is excellent by international standards and that the level of attention in lectures and the care received in a pastoral sense are way above the international average. As Senator Ivana Bacik and I said a few weeks ago, the points system and the CAO were invented by Professor William Watts who came from a humble background in Athy, County Kildare. He devised it because any other system would be based on influence and he did not want entry to higher education to be based on a system which would be open to such manipulation. There are too many quangos in the higher education sector which speak regularly. However, they do not represent the views of those of us who actually do the work, are proud to do it, proud of the young people who come to us from second level and very proud of how good their degrees are when they graduate. The Minister, as a noted democrat, really needs a new communications strategy to consult the people who actually give lectures and would be able to reassure him on many of the points about which he is concerned. In this instance, he is asking the wrong people.

I share the concerns expressed by Senator Jim D'Arcy about overpayments at the highest level. This discredits the entire sector. One should not seek to be a millionaire at any level of the education sector. It is a service to the younger members of our society and we are proud to serve them on that basis.

Splendid. Well done.

I join others in highlighting the fact that this is the inaugural Yeats Day. As I am sure others have done, it is important to mention the commitment of Senator Susan O'Keeffe to this project and the committee which put it together. We have seen another great example during the years in the case of Senator David Norris and Bloomsday. Yeats Day, like other international events we host such as Rally Ireland, the Volvo Ocean Race, the Tall Ships and so on, has huge potential to create employment in the tourism industry. The Volvo Ocean Race, Rally Ireland and other such events generate €48 million in tourism revenue. It is very important to realise that for every €1 million spent on such events, incuding Yeats Day and Bloomsday, up to 13 jobs can be created. At a time of scare resources, we should focus our efforts and try to increase to the maximum extent possible the small budget available to the Minister of State, Deputy Michael Ring, and those involved in the tourism industry. Notwithstanding what is going on elsewhere in Europe and other areas which is perhaps outside our control, this is a sector we can grow to create employment. For that reason, it is appropriate for all of us to celebrate the inaugural Yeats Day and the contribution it and other such events can make. I say "Well done" to Senator Susan O'Keeffe and all those involved. I hope the Government can support it and other such events, including, as I mentioned, Rally Ireland, the Volvo Ocean Race and the Tall Ships. We should box clever in trying to host these events on an annual basis to grow our share of the tourism industry in the European market.

Yesterday a number of us referred to the ESRI report and expressed concern about its key finding that some people were better off on the dole than at work. Within a number of hours we saw the report being pulled. What concerns me is that the director of the institute has dissociated it from the findings made in the report and said it had not been peer reviewed and validated. We need to ask the Minister for Social Protection, Deputy Joan Burton, and, in particular, the Minister for Education and Skills, Deputy Ruairí, to check this out. How often has this happened, or has it happened before? Does it involve an internal dispute between a researcher and the institute because many issues seem to be at odds? We must remember that the ESRI has a very good reputation in and is of enormous value to the country. We need to know that papers which have not been validated do not lead to findings which could scare people and change behaviour, in particular in the world of work. At the very least, the House should receive a statement on what has gone on at this highly credible institute which should not fall into disrepute as a result of what perhaps is an internal issue. We also need an assurance that this has not happened before and that something did not come to light because it might not have been the subject of a controversial report.

Last week it was announced that protected geographical indiction status, PGI, was being allocated to Lough Neagh eels. I say this with pride because my maternal grandfather was an eel fisherman on Lough Neagh. The reason I mention this is that I have discovered that more than 50 foodstuffs in Britain, including the Cornish pasty, have obtained PGI status. Only four have been allocated such status in Ireland. Blaa in Waterford has applied for this status and I am sure the Leader is anxious it is allocated to it. The evidence shows having such status is of huge benefit. The French cheeses that have it are something like three times the price of cheeses that do not have it. We can do a lot more about this. Bord Bia is doing its best and doing everything it can but it needs publicity and evidence. There are some restrictions. The products that have designation at present are Timoleague brown pudding, Connemara hill lamb, Clare Island salmon and Imokilly Regato cheese. We hope to add the Waterford blaa bread. Publicity and a sense of urgency are required.

It was stated during the week that the makers of Cashel Blue cheese are not going to apply for designation as theirs is a commercial operation. The reason is that if Cashel Blue were to receive PGI designation, anybody in Cashel could produce a blue cheese and call it Cashel Blue cheese. I understand some of the difficulties that arise but I am raising this today because I believe it is worthwhile addressing the matter. Publicity is required and availing of the opportunity that presents itself would certainly help the dairy and food industries and the agriculture sector. Let us ensure that the work Bord Bia is doing is encouraged and that we achieve far more than we have achieved to date.

I support Senator Landy's call for an extension in respect of the questionnaire on local government reform that was circulated to city and county managers by the Department of the Environment, Community and Local Government some weeks ago. I would like to try to answer the question as to why it was not sent directly to the councillors and why the Minister is not willing to extend the deadline of Friday next.

Has the Senator a question for the Leader?

I have. Perhaps the Leader could confirm that the reason the deadline is not being extended is that he has already made up his mind on local government reform and does not care what councillors have to contribute to the process.

That is not true.

On a number of occasions, I asked the Leader and Deputy Leader to invite the Minister for the Environment, Community and Local Government to the House to discuss with him the reform of local government. He has failed to come in and it does not surprise me that Senator Landy must raise this subject again this morning. The Government and the Department have already decided on local government reform and do not care what we or the practitioners on the ground, the councillors, have to say about it.

Senator Feargal Quinn is a great advocate of organ donation. I ask the Leader to organise a debate on the impending transposition into Irish law of organ donation legislation, without debate, by the health committee. The matter is not to be discussed in the Dáil or Seanad. Organ donation transforms lives. It is absolutely astonishing that legislation amounting to 38 pages will not be debated by any Member of this House before the Minister signs it into law in August, as he is required to do under EU legislation.

I ask the Leader to ask the Minister for the Environment, Community and Local Government to come to the House to discuss why people who are exempt from the non-principal private residence and household charges cannot obtain a certificate from any Department stating they are exempt. When they go to sell their properties, solicitors will ask them whether they have paid the charges. In cases where the properties are exempt, there will be no mechanism to demonstrate this to the solicitor.

Yesterday a pardon was announced for 5,000 former soldiers who deserted from the Irish Army. I welcome the pardon. The British Government pardoned many who were executed for desertion and cowardice in the First World War. The Minister previously described Ireland's position during the Second World War as morally bankrupt. I disagree with that vehemently and would like to praise the many thousands, tens of thousands or hundreds of thousands who served in the Irish Army and the local defence forces during the Second World War. Newspaper reports state those who are still with us say they deserted because they wanted to fight in a war or wanted more money. That is fair enough but one should remember they did desert the Irish Army.

Consider the question of who were the most likely people to have invaded Ireland in 1939 and 1940. In the words of Winston Churchill, if it had suited Britain it was militarily prudent, it would have invaded us. It would have been ironic that those who deserted, many for the greatest and most noble of reasons, would have ended up attacking their former colleagues.

That is highly unlikely.

The Senator is rewriting history.

My colleagues, who are all historians, are all well aware that Mr. Churchill did make that statement. We now have the benefit of hindsight and I support entirely the pardon given by the Minister.

If Germany had invaded, they would have been damned fools not to.

The Senator is way over time.

I would have supported them.

Would the Senator have supported Germany?

I would have supported the British.

The Senator is way over time.

Small business costs have rocketed in the past year. After having raised the issue of banks lending to small businesses yesterday, I was inundated with calls from small business interests who are all saying the same thing, namely, that the cost of business for the small and medium-sized enterprise has gone through the roof. It is no surprise that a survey by ISME states turnover was down for 52% of small businesses in 2010 and 2011. While turnover is falling, business costs are rising. For example, the cost of fuel has gone through the roof. There has been a 25% increase in the cost of gas and an 11.2% increase in the cost of electricity in the past year alone. The cost of insurance has risen, an issue raised with me by many people. It seems incredible that insurance costs of buildings are rising when property prices have fallen by up to 50% in some areas. This is having a considerable effect on the cost of doing business. Keeping a delivery van on the road has become almost non-viable considering the increased cost of fuel and van insurance.

We must revisit the issue of upward-only rent reviews and arrive at a solution. As I stated yesterday, we ignore the small business sector at our peril. It comprises the backbone of the Irish economy. So much emphasis is placed on multinationals, which provide approximately 100,000 Irish jobs. While we acknowledge their importance, we must not allow our focus to shift away from the sustaining role the small and medium-sized enterprise sector can play. I ask the Leader to include in the debate on banking and the advancement of credit to small businesses the question of the cost of doing business.

I support the pardon announced by the Minister for Defence yesterday. The people from this country who went to fight against Nazi Germany could only be considered as heroes and nothing else.

Hear, hear. Well said.

That is not the matter I wish to raise, however. I wish to refer to an instance of pointed unfairness in regard to social welfare. Perhaps the Leader will pass my message on to the Minister for Social Protection. If somebody has an investment property and is now not working, the value of that property is used in means tests by the Department. However, if the loan on that property is not classified as a mortgage, but as a bridging loan or otherwise, the Department disallows one from offsetting the amount of money owed on the property against the value. I have encountered a number of such cases. It is particularly unfair because the Department has a very narrow interpretation of the wording. People who have worked, paid taxes and invested in a property are now not allowed to claim any social welfare payment because of the interpretation. It is pointedly unfair. I ask the Leader to pass on my concerns. I am sure others have come across this anomaly.

I note Senator Daly's comments on the pardon announced by the Government for 5,000 brave Irishmen who did what they felt was right. The Senator's comments were a little ungracious and ungenerous. It is correct that the Government would acknowledge the wrong that was done to these men. A pardon was appropriate and should have been given years ago instead of yesterday. I welcome it.

On a point of order, I have no difficulty with the pardon being given. My only issue with it is that the Minister was——

That is not a point of order. Senator Gilroy without interruption.

That is generous of Senator Daly.

Senator Gilroy, without interruption.

It is on the record——

I call Senator Gilroy.

(Interruptions).

——of many of those that some of them left simply for——

(Interruptions).

Senator Daly should resume his seat.

I have no difficulty with those who left for the most honourable of reasons——

(Interruptions).

——but for those who left for other reasons, it was very unfortunate. Senator Gilroy does not acknowledge that.

Would Senator Daly respect the Chair?

Senator Daly's subsequent comments have proved the point of his ungracious position in this regard.

Perhaps I could remind Senator Daly that a former leader of his party went to the German embassy and shook hands with the greatest tyrant of the 20th century——

The greatest tyrant was dead.

——or the representative, the ambassador.

Has Senator Gilroy a question for the Leader?

I only want to welcome the Government's timely move yesterday in announcing a pardon for these brave men.

Senator Darragh O'Brien raised the question on Bahrain which he raised yesterday. Senator Bacik outlined that the Tánaiste is fully aware of it and the Taoiseach is aware of the situation also.

Senator O'Brien called for a debate on funding and bank debt. I clarified in the House that the Government's position is that we are looking for restructuring and the alleviation of bank debt. That is clear and the Taoiseach has made his point clear in that matter also.

Senator Bacik raised the question on Syria which was raised here yesterday. We all would agree that the UN must take more forceful action when dealing with this issue. It is dreadful to see such atrocities taking place and standing idly by and allowing this to happen. More pressure must be put on the likes of Russia and China to comply with UN regulations and to support the UN in its efforts to solve this problem.

Senator Bacik also raised the question of Yeats Day, as did Senators Norris and the Sligo Senators. I am sure that everybody in the House would welcome this and congratulate Senator O'Keeffe on initiating it. I congratulate Senator Norris on his continuing support of Bloomsday, which is also such a successful event in the calendar.

I beg the Leader's pardon. I wonder whether at some stage he could give me an answer on taking No. 23, motion 9, the report of the Press Ombudsman?

The Leader without interruption.

I do not propose to take No. 23, motion 9, at present but I will certainly investigate whether we can have a debate on the matter. We had a debate on media standards here in the House not so long ago and I will see whether we can have a further debate in that area.

Senators Mullen, Cullinane, Healy Eames and others referred to the ESRI report. We discussed it on the Order of Business yesterday. The report has been withdrawn, as has been mentioned this morning. Some 67% of those on the live register have total social welfare income of €188 a week or less and this means that the great majority of those on the live register have a significant financial incentive to work. The Minister for Social Protection, Deputy Burton, has been reforming the social welfare system to ensure that work pays for welfare recipients. I can assure the House that the contents of the ESRI report and the circumstances in which it was withdrawn are matters for the ESRI and that, contrary to what has been suggested by some, the Minister had no role whatsoever in the withdrawal of this report. There is no question of the Minister having any role in the withdrawal of the report.

Senator Mullen also raised the matter of persons defrauding the State, which everybody agrees is wrong. The matter of Deputy Wallace is a matter for the other House and, indeed, for the Revenue Commissioners and other relevant authorities. We look forward to the debate on Senator Mullen's Private Members' Bill tonight to which he alluded.

Senator Paul Coghlan raised the planning review announced yesterday by the Minister of State at the Department of the Environment, Community and Local Government, Deputy Jan O'Sullivan. The Minister of State published the findings and the recommendations of the planning review report. The report sets out 12 actions which will address the current deficiencies in the planning system. The Minister has given a firm commitment to implement all 12 actions, and that is to be welcomed. In addition, the Minister has announced the planned appointment of an independent planning consultant who will be required to assess all the actions contained in the planning review report and propose any additional measures which are deemed appropriate. The independent consultant will also be tasked with examining a number of broader themes identified in the report and submitting recommendations for the actions. That is positive. When these recommendations and the report are finalised by the independent consultant, we can probably hold a wide-ranging debate on planning in the House.

Senator Byrne proposed an amendment to the Order of Business to bring the Taoiseach to the House. I do not propose to accede to the request but I can inform the House that the Taoiseach will address the House in a matter of weeks.

Senators Landy and Wilson raised the consultation on local government reform and the extension of the timescale from 15 June to 22 June. I have been assured by the Minister that all local authorities were informed at the same time.

That is incorrect.

The Leader without interruption.

I have been informed by the Department that all were informed of the situation, but I will take the matter up with the Minister and ask for an extension of the timescale.

I was coming to Senator Norris's query on the Press Council, but I have dealt with that.

Senator Comiskey raises an important issue relating to the discards of fish. It is something which has been discussed in this House on a number of occasions over the past ten years. Certainly, Senators O'Donovan and Ó Clochartaigh, and many others in coastal villages and towns throughout the country, have raised this question of discards. In what was the most significant EU fisheries Council meeting in over a decade involving over 20 hours of negotiations which ended at 5 a.m. this morning, the EU fisheries Ministers agreed their position on the reform of the Common Fisheries Policy. The issue of discarding of fish whereby unwanted catches of dead fish are thrown back into the sea has been a most contentious element in discussions and threatened to block the Council's efforts to reach agreement. The Minister for Agriculture, Food and the Marine, Deputy Coveney, put forward a new compromise approach setting down a definitive timescale for the elimination of discards on a phased and planned basis. The Minister's proposals offered a practical and progressive solution which was accepted by his fellow Ministers early this morning. This approach will end the waste of valuable resources and would enable stocks to grow. It is welcomed by all involved in the fishing sector and beyond.

Senators Jim D'Arcy and Barrett raised the lack of action by the heads of universities on the proposals for reform of the points system. I note Senator Barrett's comment in that regard, namely, that the wrong persons were being asked. That is a point which we will certainly raise with the Minister for Education and Skills.

Senator Jim D'Arcy also raised the €8 million in unauthorised payments. It is a disgrace that there should be such payments. Certainly, the heads of universities have a lot to answer for in that regard and I hope they will be forthcoming in their answers in early course.

Senator Michael Mullins has called for greater sensitivity in the Coroner's Court when deaths by suicide are being discussed. Perhaps we might have a debate on that issue with the Minister for Justice and Equality, Deputy Alan Shatter, which could encompass other issues.

Senator Feargal Quinn urged encouragement of Bord Bia to consider the need for further designation of Irish foodstuffs, including those he mentioned. Certainly, the Waterford blaa is one with which I am very familiar. I can assure the Senator I have the constitution to eat many blaas. I agree totally that we should be supporting——

The Leader will be expanding.

I am expanding in many ways. We should be expanding the number of foods that can be designated and supporting Bord Bia in its efforts in that regard. No doubt it is an area in which those involved in the food sector should be more proactive.

Senator Mark Daly made three points. On organ donation, a matter Senator Feargal Quinn raised on several occasions, perhaps we might debate the report of the Joint Committee on Health and Children. The NPPR charge is a matter the Senator could probably raise on the Adjournment. The vast majority of Members, if not all, welcomed the pardon for the 5,000 Irish soldiers in question. They were brave Irishmen. The statement made by the Minister for Defence, Deputy Alan Shatter, in that regard is to be welcomed by all.

Senator Tom Sheahan again raised the matter of small business costs. It is one which has been raised on several occasions in the House. We will have the Credit Guarantee Bill to discuss when the Minister for Finance is here on 3 July. Yesterday I advised the House that the micro-finance Bill would be brought to the Seanad. I understand, after the Cabinet meeting yesterday, that it has been decided to take that Bill first in the Dáil, rather than the Seanad.

I have given a draft schedule for the next three or four weeks to the group leaders, to which there are changes already. We will update it as we move along and notify the group leaders accordingly.

Senator Michael D'Arcy mentioned the anomaly in the social welfare system. It is a matter he might raise on the Adjournment to receive an adequate response from the Minister for Social Protection.

The Leader might have overlooked it, but I have been waiting patiently for a response to my question on the Registration of Wills Bill 2011.

I apologise to the Senator. I will certainly find out whether the Government intends to introduce its own legislation.

Senator Thomas Byrne has proposed an amendment to the Order of Business, "That a debate with the Taoiseach on the shredding of files in his Department and the leaking of a letter to The Irish Times be taken today.” Is the amendment being pressed?

Amendment put.
The Seanad divided: Tá, 17; Níl, 28.

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Cullinane, David.
  • Daly, Mark.
  • Leyden, Terry.
  • MacSharry, Marc.
  • Mullen, Rónán.
  • Norris, David.
  • O’Brien, Darragh.
  • O’Donovan, Denis.
  • O’Sullivan, Ned.
  • Power, Averil.
  • Quinn, Feargal.
  • Reilly, Kathryn.
  • Walsh, Jim.
  • White, Mary M.
  • Wilson, Diarmuid.

Níl

  • Bacik, Ivana.
  • Bradford, Paul.
  • Brennan, Terry.
  • Burke, Colm.
  • Clune, Deirdre.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Conway, Martin.
  • Cummins, Maurice.
  • D’Arcy, Jim.
  • D’Arcy, Michael.
  • Gilroy, John.
  • Hayden, Aideen.
  • Healy Eames, Fidelma.
  • Henry, Imelda.
  • Higgins, Lorraine.
  • Keane, Cáit.
  • Kelly, John.
  • Landy, Denis.
  • Moloney, Marie.
  • Moran, Mary.
  • Mulcahy, Tony.
  • Mullins, Michael.
  • Noone, Catherine.
  • O’Donnell, Marie-Louise.
  • O’Neill, Pat.
  • Sheahan, Tom.
  • van Turnhout, Jillian.
Tellers: Tá, Senators Ned O’Sullivan and Diarmuid Wilson; Níl, Senators Ivana Bacik and Paul Coghlan.
Amendment declared lost.
Question put: "That the Order of Business be agreed to."
The Seanad divided: Tá, 30; Níl, 15.

  • Bacik, Ivana.
  • Bradford, Paul.
  • Brennan, Terry.
  • Burke, Colm.
  • Clune, Deirdre.
  • Coghlan, Paul.
  • Comiskey, Michael.
  • Conway, Martin.
  • Cummins, Maurice.
  • D’Arcy, Jim.
  • D’Arcy, Michael.
  • Gilroy, John.
  • Hayden, Aideen.
  • Healy Eames, Fidelma.
  • Henry, Imelda.
  • Higgins, Lorraine.
  • Keane, Cáit.
  • Kelly, John.
  • Landy, Denis.
  • Moloney, Marie.
  • Moran, Mary.
  • Mulcahy, Tony.
  • Mullen, Rónán.
  • Mullins, Michael.
  • Noone, Catherine.
  • O’Donnell, Marie-Louise.
  • O’Neill, Pat.
  • Quinn, Feargal.
  • Sheahan, Tom.
  • van Turnhout, Jillian.

Níl

  • Barrett, Sean D.
  • Byrne, Thomas.
  • Cullinane, David.
  • Daly, Mark.
  • Leyden, Terry.
  • MacSharry, Marc.
  • Norris, David.
  • O’Brien, Darragh.
  • O’Donovan, Denis.
  • O’Sullivan, Ned.
  • Power, Averil.
  • Reilly, Kathryn.
  • Walsh, Jim.
  • White, Mary M.
  • Wilson, Diarmuid.
Tellers: Tá, Senators Ivana Bacik and Paul Coghlan; Níl, Senators Ned O’Sullivan and Diarmuid Wilson.
Question declared carried.
Barr
Roinn