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Seanad Éireann díospóireacht -
Thursday, 4 Oct 2012

Vol. 217 No. 8

Order of Business

The Order of Business is No. 1, Ombudsman (Amendment) Bill 2008 - Committee Stage, to be taken at the conclusion of the Order of Business and adjourn at 1.15 p.m., if not previously concluded; and No. 19, Private Members' business, motion No. 9, to be taken at 1.15 p.m. and conclude not later than 3.15 p.m.

Following on from this week and last week, I ask the Leader to arrange for a debate on mortgage interest rates. Last week I raised the issue of the ICS Building Society and Bank of Ireland raising their variable rate by 0.5% to an average of 4.490%. Yesterday, AIB raised its variable rate by 0.5% to just over 4%. These are significant increases for mortgage holders. I have referred to the worsening mortgage crisis on numerous occasions, about which all of us are concerned. We know the Government does not have a magic wand but we can do much better. People are under ferocious pressure. I will not propose an amendment to the Order of Business, as I did last week. The position is getting out of hand. People with variable mortgages are being crucified by the banks to pay for the losses on tracker mortgages. There are other solutions that can be used. In view of the urgency of the matter I ask the Leader to arrange for a debate next week on mortgages with the Minister of State at the Department of Finance, Deputy Brian Hayes, or the Minister for Finance, Deputy Michael Noonan.

I draw to the attention of the House some new information. As a representative for Dublin North I am concerned at the ongoing situation in regard to primary health care centres, specifically in Balbriggan, and the manner in which the site was selected. Balbriggan needs a primary care centre, about which there is no question. It has the second highest rate of unemployment in Dublin. It has a large percentage of new Irish people in the community and has integration problems. However, that is not the issue.

I am tired of listening to the Minister for Health, Deputy James Reilly, using the people of Balbriggan as a human shield. He said the people of Balbriggan were insulted. I was in Balbriggan last night. The people there are worried that they will lose the primary care centre because of the manner in which the Minister has gone about his work on their behalf. The Minister should publish the criteria he used in selecting Balbriggan for a primary care centre. I stand over the selection of Balbriggan for such a centre. However, it has come to my attention that as far back as 2002 in the Balbriggan south east Castlelands local area plan, the county council had handed over land in Balbriggan for a primary care centre for free to the Health Service Executive for the development of a health care centre in Castlelands in Balbriggan which is much better served by way of roadway and parking facilities than the site now selected. It was further reconfirmed in 2006 that the site, adjacent to Pinewood Estate and Castlelands in Balbriggan, was given for free by the local authority to the HSE. This was reaffirmed in two local area plans and a county development plan.

Does the Senator have a question for the Leader?

I do have a question for him. First, I want to bring this matter to the attention of colleagues. Second, I ask the Leader to ask the Minister for Health if he is aware that the land that was identified is still available, at no cost to the taxpayer, the Exchequer or the people of Balbriggan. It is on a county development plan and two local area plans. Extensive discussions have taken place between the local authority and the HSE over many years. They go all the way back to 1970 with the publication of the County Dublin Areas of Need, CODAN, report, in which areas such as Tallaght, Ballymun, Blanchardstown, Clondalkin and Balbriggan were included. Balbriggan was the only town in north County Dublin that was identified then. Why is the State entering into a lease on the Dublin Street site when there is a free site still available at Castlelands, Balbriggan? The Minister did not explain why he did not proceed with a centre that location.

This is important. I restate that Balbriggan needs a primary care centre. I know that because I live there. I am concerned that no one can see the wood for the trees with regard to why the site was selected. I ask the Minister to stop using the people of Balbriggan as an excuse and as a shield. They are insulted. Last night, when I was in Balbriggan, I heard its inhabitants' concerns that they will not get the primary care centre they deserve because of the way he has dealt with this matter. I ask the Leader to ask the Minister whether he is aware that the site identified by the HSE and Fingal County Council, which is in the development plan and has been in two local area plans since 2002, is available at no cost. It was selected for the specific purpose of developing a primary care centre in Balbriggan, which is badly needed.

Yesterday, I should have formally congratulated Senator Aideen Hayden, who is taking over as the new Labour Party Whip. I thank Senator Susan O'Keeffe, the outgoing Labour Party Whip, and commend her for all the work she has done. I wish Senator Hayden well in her new role. I know that other Members of the House have spoken on this issue and thank Senator Wilson, in particular, for his kind words yesterday, which we appreciate. I will formally notify the Clerk of the Seanad of the change.

I thank the Leader for confirming that today's Committee Stage debate on the Ombudsman (Amendment) Bill will be adjourned if not concluded. I note that quite a number of amendments have been tabled, including some substantive Government amendments that will be introduced in the Seanad. The move was signalled in the good Second Stage debate last week by the Minister for Public Expenditure and Reform, Deputy Brendan Howlin. He signalled then that the Government would table a series of amendments in the Seanad, which we welcome. Senator Barrett and I were particularly glad to see a change to ensure that the HEA would become a reviewable agency. Some important amendments have been tabled and I am glad that we will now have plenty of time to discuss them.

I note that it is five years ago this week that we debated the Climate Protection Bill 2007, which I introduced as a Private Members' Bill. I know that an ongoing substantial consultation process is being conducted by the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, with a view to finally introducing a climate change Bill. It would be good to hold a debate here on the process of consultation and the process leading to the climate change Bill in order to achieve the best framework for climate protection in the forthcoming Bill.

I will say a final word on the Government's legislative programme. I am delighted that the civil registration Bill to legalise humanist weddings has been given a priority A listing in the Government's legislative programme. I hope it will be introduced here within a month.

I know the public announcement is not until 2 p.m. but I welcome the announcement of the major overhaul of the junior certificate examination. Without going into details, students will be assessed continuously and not by one exam. The measure will be good for the quality of teaching and learning in schools. Education is not about assessment and exams but the quality of teaching and learning in the classroom. Continuous assessment with standardised tests at the end of each year is a welcome development. It will still be a rigorous system. We need the quality of education to be maintained and the new measure will ensure that. This morning on "Morning Ireland", Dr. Emer Smyth from the Economic and Social Research Institute said that the proposed overhaul would lead to improved educational standards among students. I ask the Leader to request that the Minister for Education and Skills return to the House. He has attended a number of times but I would like him to return to speak about junior cycle reform and on what progress, if any, has been made following the report on patronage and pluralism in schools.

I ask the Leader to give us a timescale for the introduction of privacy legislation. This is an issue that has been covered widely internationally. I gather that the Minister for Justice and Equality, Deputy Shatter, gave a commitment to seriously examine the legislation and to introduce such a Bill. It is about time. Today, item No. 5 on the Order Paper is a Government Bill on privacy and item No. 16 is my privacy Bill. Privacy is important. It is extraordinary that we were propelled into legislating by the invasion of privacy of members of the British royal family. I thought we already had sufficient reason, which has been increased in recent days by the arrest of a gentleman who was the Irish editor of one of the tabloids that was impugned at the Leveson inquiry. He now resides in Dublin but the individual made his money from such trade. I found it ironic that the person who said he was going to close the newspaper made his initial fortune from the publication of erotic material. In evidence to the Leveson inquiry, when the word "ethical" was used, he said he did not know what it meant. The matter raises questions. If somebody in a position of considerable power within the media is completely unaware of the meaning of ethics, then we need to examine the question of privacy. When we do that we should also review the role of the Press Ombudsman because these institutions need to be strengthened, on which I have some views. In light of the evidence that suggests there is a strong crossover between bad practices in the British and Irish press, we need some form of inquiry similar to the Leveson inquiry here. I hope such an inquiry will be established. We also need to examine the Defamation Bill, which I opposed, as did other Senators on this side of the House. The Bill rebalanced the equation in libel to the disadvantage of the private citizen and in the interest of the press barons.

I do not intend to get involved in the extraordinarily difficult and complicated matter regarding the Minister for Health, Deputy Reilly. As I have found it difficult to comprehend his explanation - the arithmetical and logarithmic stuff and so on - I am not in a position to judge the matter. I was interested in one comment that was made and repeated. It has been said that one of the other people involved was a self-confessed Fine Gael supporter. I was unaware that such support was a sin and I sincerely hope that it is not a mortaller.

I ask the Leader to arrange a debate on safety in light of the tragic accident that occurred on a waste disposal lorry that resulted in a man's losing his life.

I shall mention something close to the Leader's heart: the extraordinary situation whereby 132 boxes of monkfish will be dumped on a quayside in Wexford because they were not caught properly. Such an appalling waste of food and resources needs to be examined because it is immoral. The fishermen did not deliberately set out to break legislation. We need accountability and decency and not just a rigid application of rules.

Before I address my question to the Leader, with the indulgence of the Chair, I would like to thank those people who worked with me while I was Whip for the Labour Party group. In particular, I thank the Leader, Senator Cummins, the Deputy Leader, Senator Bacik, the Whip, Senator Coghlan, and the staff of the Seanad Office for all their help, patience and courtesy. I am delighted we have a rotating Whip in the Labour Party group and wish Senator Hayden, the incoming Whip for the group, well.

The Minister for Education and Skills will be in the House next week and obviously there are many issues we would like to discuss with this busy Minister. I welcome the announcement of the reform of the junior certificate today and I suspect much of the Minister's time in the House will be taken up with that issue. However, I would like the Leader to ensure we have some time then or in the near future to discuss the events related to our third level institutions, with UCD and Trinity College Dublin falling down in the list of top universities. The criteria for selection to that list, includes teaching and research. The criterion of 30% citations, or the influence of research, is obviously very high. I wonder whether we are chasing something we cannot achieve. The size of universities in this country must make it difficult to reach that scale in comparison with other universities, particularly in the United States.

I have a particular concern for smaller universities and the prospects of technological universities. I have a concern regarding the Connacht Ulster alliance, including Sligo Institute of Technology, which were hoping to come together under the Hunt report. Now there is concern about this, particularly in light of the HEA's report last week. There are many issues at stake here with regard to the direction we take with third level institutions and how we compete in the world. I ask the Leader to ensure that if there is not sufficient time, since the Minister is busy and is engaging in significant reform and change, he will ensure this debate is held in the not too distant future if the junior certificate issue takes up the time next week.

Táim chun ceist a ardú ar chúrsaí sláinte. Is mór an náire í an gheamaireacht atá ar bun faoi láthair agus tá sí ag baint aird ar fad de na príomh cheisteanna sláinte atá sa tír go gcaithfear a dhíriú orthu. The pantomime in which Deputy James Reilly is the main protagonist would be funny if it was not so serious. It is taking the focus away from the serious health issues we have here, including: some 130,000 patients waiting a year or more to be seen; 60,000 patients waiting four years or more to be seen; the highest prices in northern Europe for unpatented medicines; generic drugs 12 times more expensive than in Britain; salary caps ignored by the Minister's special adviser and external consultants; primary care centres not built; the first Minister ever to be listed in Stubbs Gazette; and some €750 million removed from the health budget in 2012, resulting in cuts in all areas, and a further €130 million removed in August. It is scandalous this is happening on the watch of Government Senators and we need to do something about this quickly.

My colleague, Senator Darragh O'Brien, brought some new information on Balbriggan to our attention, which is interesting and useful in the wider picture. However, it raises the question - if the land was available since 2002 - of where the primary care centre for Balbriggan should have been built under the watch of Fianna Fáil. I am sure the Senator will answer that question.

It is important that we have a debate on the issue of confidence in the Minister for Health. I am aware there was such a debate in the other House, but things have changed substantially since then. I call on the Leader to allow us have a debate of confidence - no confidence from our side or confidence from the Government side - in the Minister. I would like to know more about his Einstein-like capabilities for algorithms, particularly with regard to how he figured out how to put two primary care centres in his constituency.

In the wake of statements on Twitter or on social networks from two Labour Party MEPs, I would also like to know where the Labour Party stands on this issue. Are there two Labour parties? Are those MEPs in a different party? Are they in some kind of independent European Labour Party? Why is the Tánaiste, Deputy Eamon Gilmore, so quiet on this issue? Will he issue a statement? When will he stand up for the people of this country in the way he promised before the election and address the issues I highlighted earlier? They are the real issues. The Minister does not appear capable of doing his job. This issue is a distraction from Government and while that is happening, people are suffering. It is about time it stopped. A motion of confidence or no confidence and a debate on that issue is important and should be held next week if the Minister is still in place at that time.

I support Senator Ó Clochartaigh's call for a debate, but I propose a debate on a motion of confidence in the Minister. We should have that debate next week. There is significant talk on the issue and such a motion is the right thing to do. I have a lot of confidence in the Minister and believe that if he is given the opportunity, he will turn the health sector around. However, there seems to be an unending plethora of stories, some of which have little grounds whatsoever.

We should also debate the issue of AIB and the increase of 0.5% in the variable rate on the mortgage book. What is happening is scandalous. AIB is trying to make its profit on the back of people, most of whom did not participate in the Celtic tiger boom. To put this in context, a mortgage of €300,000 will cost an extra €90 per month or over €1,000 per year. The moneys that AIB will take in over the year will amount to approximately €75 million extra as a result of that 0.5% increase. That amounts to half the household charge. Many Senators, mostly on this side of the House, have gone nuts over that charge, but very few are saying anything about this increase. This is AIB robbing its customers of substantial moneys. We should ask the Minister for Finance to come here to explain this, and I speak as Fine Gael spokesperson on finance in this regard. This increase is scandalous.

We have long known that the two public interest directors of AIB appointed by the Minister and previous Ministers have been asleep at the wheel. Another AIB director has been appointed, a former CEO of KBC Bank, who I am told is a mortgage expert. It is no coincidence that a few weeks after we have a mortgage expert going on the board of AIB, these rates are increased. This is disgraceful and I call on the Minister for Finance to come to the House to discuss the issue.

I join others on the Government side who have called for a debate of confidence in the Minister for Health. The sideshow has gone on for far too long. We have overruns of some €300 million and there are concerns all over the country. We are unanimous that we want these primary care centres built as quickly as possible, in whatever order the criteria dictate and resources permit. However, the gobbledegook and misinformation of the past week or ten days must come to an end. We see this from the courageous MEPs, Nessa Childers and Phil Prendergast, who have said "Enough is enough" from a Labour Party perspective. I support that position. Sometimes people with leadership step out from the crowd and take a stand when necessary. This is what is necessary now.

I hope Labour Party Senators can prevail upon the Tánaiste, Deputy Eamon Gilmore, to put an end to this sideshow. The people, as I said here last Wednesday, are fully behind any Minister. They fully understand that cuts and savings must be made, but they are entitled to have confidence in the actions and activity of the Minister on their behalf. I fear the actions and activity of the past two weeks have done nothing other than ensure uncertainty among people, further ambiguity and doubt that this person can do this job on their behalf. If Fine Gael persists in keeping its head in the sand, the Labour Party has an obligation, on behalf of ordinary people, to take the opportunity to take steps on behalf of the people and to put somebody in command of the €12 billion that will be spent on health. They must do it before the Sunday newspapers are issued in order that people do not have to put up with another week of uncertainty or of the headless chicken approach to managing the health service.

It is interesting when Members criticise management of the health service. If one looks at where we have come from, we allowed the drugs bill to increase from €576 million to €1.9 billion a year without any check being made and a health system to develop in which fewer than 10% of the people in charge of managing finance within the HSE had a financial management qualification. That happened under their watch. They talked about the site being identified in 2002. Ten years on nothing has yet been built.

The Minister thought the site had actually been acquired in the previous term.

In the last 18 months the health budget has been reduced by €1.75 billion because we have to respond to what the taxpayer can afford to pay. In Galway we have reduced the waiting list from 9,000 people waiting longer than 12 months to 900. These are the facts.

What about the situation in Letterkenny?

What about free GP care?

The number of people with medical cards has increased from 1,146,000 to 1,800,000. That is what we are dealing with in the health service. That is the reality.

It is because people are losing their jobs. That is the only reason.

I would have no difficulty in having a debate to express confidence in the Minister because he is dealing with the real issues. He has set up the special delivery unit which is dealing with issues in hospitals to make them more efficient and get better value for taxpayers. Let us have a debate about the facts.

Let us put the Minister forward for "This Is Your Life".

We will do what Members opposite did not do for ten years.

I call on the Minister for Finance to come to the House to discuss the most recent problem afflicting bank customers. Only yesterday a new story broke about data audits having revealed that the credit histories of thousands of customers had been misreported to the Irish Credit Bureau. This is a scandal and an unmitigated mess inflicted on unsuspecting bank customers.

It is clear from the banks' actions that they are not listening. What worries me is that I am not sure anybody is capable of making them listen. So far, the response of Permanent TSB and AIB to this debacle has been lamentably poor. We need the Minister's intervention in the matter. Neither bank has confirmed the number of the customers affected and they have made no suggestion to the effect that they will remedy the problems associated with their own negligence. We must also remember the significance of this error. To input an adverse credit finding against a customer in Irish Credit Bureau records is to suggest he or she is insolvent, which gives the message that he or she cannot pay his or her debts as they fall due. This is potentially defamatory and has ramifications for people's good name but not only that, it may prevent them from obtaining finance down the road. I remember in my capacity as a barrister how a client of mine had had an adverse credit rating against them which was highly erroneous. Despite having valuable property, that person could not raise 1 cent in the banks during the boom years as a consequence of this error which was ultimately rectified through legal proceedings against the bank in question.

This morning I have written to all of the banks involved to ask them how they propose to deal with this issue. I hope they will deal with my correspondence with urgency in order that when I return to the House on Tuesday, I can read their responses. I have requested that they provide free credit reports for their customers, with a goodwill gesture for those individuals who have had erroneous and adverse entries entered against their good name. I have also asked them to set up a helpline to deal with the issue and ensure anyone who uses it will be reimbursed.

Short of running out of money, it is very hard to think of a more serious problem affecting the banks' customers. It is clear from their sloppy customer services that the customer still ranks at the bottom in term of priorities, despite all guarantees to the contrary. For me, it remains a major source of disappointment, after the banks have been bailed out by the taxpayer, the ordinary customer cannot have peace of mind. It is the most serious customer service failure in my memory and the reactions of both banks so far have been a disgrace.

Senator Ivana Bacik referred to the Ombudsman (Amendment) Bill which we will be discussing presently. I agree that it was a terrific debate last week, when we heard phrases such as "pane of glass" and so on. Unfortunately, the Bill that will be before us later will mean that 110 agencies will be exempt, whereas the number was 60 before we started the debate. We all praised the Ombudsman, Ms Emily O'Reilly, and her staff and highlighted the need for greater accountability. We said we needed to pass the Bill because Sir Humphrey was not a natural democrat. He has been very active during the week and managed to have another 50 agencies exempted. That is a shame because there is a view at large that the elected Government has been taken over by the permanent government of civil servants, of which this is an illustration.

We had measures to abolish the Seanad and get rid of the stresses on accountability and checks and balances, but how, in one week, did an extra 50 agencies manage to exempt themselves to avoid the attention of the Ombudsman? I want to know who has been going up the back stairs of Government Buildings. This is lobbying at its worst.

In general, I am supportive of the concept that we have a discussion on the health service, but saying we should approach it by expressing confidence or no confidence in the Minister is neither useful nor appropriate. I will broaden my request, therefore, and ask the Leader that we have, starting in the next two to three weeks, a debate with each Minister on his or her own particular component part of the programme for Government. The Government has a programme which it hopes to implement, Department by Department. It would be useful, first, for the Seanad and, second, Ministers, many of whom apparently feel unsure about the role of the Seanad, if they came before us to debate their work to date under the programme for Government and their proposals for the next 12 to 18 months. Senators should be quite firm and state we expect and demand this of the Government. No Minister should be afraid to come into this House to debate his or her management of his or her Department and his or her plans for that Department's role and work in the next 12 to 18 months. As the Leader knows, we previously engaged in a similar fashion with MEPs and a number of European leaders. We should now act more domestically and have each Minister, perhaps one a fortnight, in ths House for at least half a day to debate his or her programmes.

On an unrelated matter, having listened to "Morning Ireland" on RTE this morning, I wonder why we are paying to have an American correspondent, Mr. Downes. It would be just as easy for RTE to have a direct link with Democratic national party headquarters. The mood and tone of RTE and "Morning Ireland" this morning as they tried to explain why President Obama did not appear so triumphant last night in the first debate as they apparently wished he would and the list of excuses were, I thought, unbalanced. Everybody is entitled to his or her view as to who should be the next President of the United States, but that will be decided by the American people. It is interesting that we have RTE commenting on the matter, but we could expect balance. It should not be an entirely biased programme in which the presenter and the reporter are upset at the apparent defeat of the President last night; they would almost have a person in tears.

Nonsense. It was balanced. I heard every word of it.

Perhaps the same station is intervening-----

He acknowledged that he had made a bags of it.

In any case, it would be appropriate, if those at RTE want to report on the US election, that they do so in a balanced fashion and keep their bias to their private conversations.

I agree with Senator D'Arcy and our leader, Senator Darragh O'Brien, on the escalating difficulty that mortgage holders are facing. There are 70,000 mortgage holders who will later this month pay an additional €50 on their mortgage because they have a variable rate mortgage from AIB. This is a bank that is 100% owned by the taxpayer. Senator D'Arcy is correct that there are public interest directors in the bank and other financial institutions within the State. The question has to be asked as to what the hell they are doing. It is time they were held to account. If we are interested in reforming Seanad Éireann, we should start by having the public interest directors come before the House to explain to us what they are doing on behalf of the taxpayer.

It would be a step in the right direction if that could be facilitated.

Committees can deal with the issue.

I know there are Oireachtas committees but every Member should be afforded the opportunity of considering that avenue.

We can do that in committee.

I am not talking about the committee. I am talking about the Seanad and asking them to come forward.

There should be no duplication.

The Minister for Finance has a responsibility as well.

That does not apply.

Senator Ó Domhnaill should be allowed to speak without interruption.

The Keane report on mortgage arrears and difficulties was published just over one year ago, yet nothing has been done. A total of 100,000 people are facing mortgage difficulty. The Government is sitting on a report without implementing its recommendations. That is disgraceful, despite promises which were made before the election.

I wish to raise an issue raised by you, a Leas-Chathaoirligh, and others in the House on the Pilot Training College. An alarming development has occurred in recent days. I refer to students who paid tens of thousands of euro to the private training college in Waterford to undergo pilot training. It now transpires that on the day the company was liquidated an application was made to the Companies Registration Office to register a new company. The new company was registered yesterday. The name of the new company is Clear Sky Pilot Training College Limited and it has the same address as the former pilot training company. Two company directors both work for Company Bureau Formations Limited. They will apply to the Irish Aviation Authority for recognition. There is a need for an investigation. Why is the new company using the same premises and why are the directors from the company, Company Bureau Formations Limited? What connection does the new company have to the former directors? Who is financing the formation of the company and why are the students being left high and dry by the Department of Education and Skills and the Department of Transport, Tourism and Sport? I do not propose an amendment to the Order of Business but I will do so next week if there is no progress on the issue. I call on the Leader to ask the Minister for Transport, Tourism and Sport to come to the House and advise on whether he will investigate the situation prior to approval being given by the Irish Aviation Authority.

I thank my colleagues, Senator Bacik and Senator O’Keeffe, for their kind words on my appointment to the rotating Whip position for the Labour Party. I also thank Senators Wilson and Paul Coghlan and other Senators for their kind words. I pay tribute to Senator O’Keeffe who did an excellent job as Labour Party Whip and is a wonderful contributor to this House in every way.

I also thank Senator Darragh O’Brien for bringing it to our attention today that only Fianna Fáil could look a gift horse in the mouth – not only a free site in Balbriggan but also, if I recall correctly, a free ward that was offered for cystic fibrosis sufferers in St. Vincent’s Hospital during its term in office. It makes one wonder, as one discusses mortgage arrears, that perhaps if they had been more careful about accepting gifts rather than rejecting them we would not be where we are today.

I agree with the contributors who sought a debate on insolvency, housing debt and mortgage arrears. It was my intention to do so on coming to the House today. Could the Leader report back to us on the status of the Personal Insolvency Bill and when we can expect it to come before this Chamber? It has come to my attention in the recent past that banks have not in any way softened their cough when it comes to dealing with mortgage arrears. There is no doubt they are keeping people in a holding pattern. There is a persistent and consistent attitude of not responding to mail. I know of one person who is waiting three months for a reply to an urgent letter relating to their mortgage arrears. Significant numbers of people are “in negotiations” with banks for a year, a year and a half and in some instances, two years. It is a holding pattern. It is worse than aeroplanes over Heathrow. It is time we brought them down to land. People are hanging on by their fingernails waiting for insolvency legislation.

One of my concerns is that under the legislation as drafted, mortgagors are required to go through processes with the bank before they can avail of the provisions of the legislation. Unless we bring banks to heel we will never get anywhere in dealing with personal debt and mortgage debt in this country. I ask the Leader, as a matter of urgency, to ask the Minister for Finance to come to the House and explain where we now stand on this important issue. It is important to note that a specific age cohort are particularly affected by the situation. I refer to young people who bought their homes and who are trying to form families who are trapped in the situation. It is our duty to enable them to go forward.

I welcome this afternoon’s announcement on the reform of the junior certificate which will have continuous assessment for young teenagers as they go through secondary school. Having lived in the United States for many years I realise the value of continuous assessment. There is too much pressure on young people in this country to perform well in examinations on one day which will make a difference to the rest of their lives. This transformation will prove to be a wonderful success.

I also note in recent days a proposed €12 million investment by the Department of Education and Skills for the upskilling of teachers on how to deal with misbehaviour among young people attending school. The upskilling should focus on parents not teachers. We are well aware of the increase in anti-social behaviour and the misuse of alcohol and drugs. We are also well aware of the growing epidemic of obesity in this country, which currently affects more than 300,000 children. We frequently debate in the Seanad the difficulties facing the health service. We are talking about sick people making complaints. One could go to any hospital and see people who are suffering from illnesses smoking at the entrance to the building. They are not taking responsibility for their health. It is time to put responsibility back on people rather than making it the responsibility of the Department of Health.

I call on the Leader to see whether we could get the Department of Education and Skills to introduce a continuous assessment programme in schools for physical education. If we could take a small percentage of the proposed €12 million for the upskilling of teachers on how to deal with misbehaviour, we could nip the problem in the bud through the positive effect of physical education in schools. We do not value the importance of physical education in schools where it could be of lifelong benefit to children. I would like to see whether we could get a certain percentage of the funding to upskill teachers in physical education in schools. Teachers have not had any upskilling in schools for the past six years. That would be an important solution to deal with anti-social behaviour and the misuse of drugs and alcohol.

I am delighted the Minister for Education and Skills is coming to the House shortly. What Senator Eamonn Coghlan and others have spoken about today is important, namely, continuous assessment. There has been a problem in the past with continuous assessment. It has not been welcomed by teachers themselves. They have difficulty with assessing their own pupils. It would be a shame not to have continuous assessment and to have examinations on a more regular basis by someone outside the school. I am not sure why teachers in the past have not been enthusiastic. I hope they will change their attitude because one of the important elements of continuous assessment is being assessed by one’s own teachers. In the past, teachers have not shown enthusiasm for such an approach. I hope we get a chance to broach the subject next week. I would prefer continuous assessment to having the assessment done as if it were a number of junior certificates, on a more regular basis.

The Minister for Education and Skills will also speak this afternoon about adding to the curriculum the teaching of Mandarin, or Chinese, and entrepreneurship, which will be very useful. A man in County Kerry, Jerry Kenneally, sold his business but decided he wished to remain in Kerry and invest in entrepreneurship for young people. He is doing so with 15 year olds and 16 year olds in transition year. Each year he puts money into training teachers how to teach entrepreneurship in the county - this is being done only in Kerry. Last year I had the opportunity to go down with a number of pupils from Drogheda to see what was happening there. This is one man getting behind his county and saying, "We are going to teach people who are 15 and 16 years of age how to be entrepreneurs". It was so exciting to go down and see how successful that has been. I mention this because although we may expect the Department of Education and Skills to do everything sometimes it is better for us to do it ourselves, with the support of the Department. I would love to think we could manage to do something in that area. When I went to County Kerry I could not get over the enthusiasm of some 600 pupils who came to Tralee and met other entrepreneurs, many of whom were in their teens and had set up successful businesses. I would love to think other counties could do the same. I know Jerry Kenneally would love to see this happening in every one of the other 31 counties in Ireland and I hope this will take place.

The other day I read that legislation has been passed in Portugal to the effect that all large stores - I do not remember the size specified - which employ a certain number of people must have defibrillators on site. This seems to be a very useful provision and it would be well worthwhile if companies in Ireland that employ a certain number of people or which take in a certain number of visitors, as stores do, were also to do the same. This seems to be something we in this House could grab hold of and encourage the Minister for Health to undertake. Considering the problems the Minister has, it would be a real coup if he could manage to have a look at what is happening in Portugal and install something similar in this country.

I, too, add my commendation to the Minister for Education and Skills and express support for him in this creative and bold move. I hope it will receive the broad-based support Senator Quinn mentioned from the stakeholders within the education sector to radically reform the junior certificate. I noted the Senator's comments but am not sure if a course that teaches Kerry people how to make money is actually necessary. Other colleagues made some excellent observations in good faith, such as Senator Coghlan on physical well-being. When he attends the House next week I will ask the Minister to include mental health and coping skills as something to be embedded properly into the curriculum. We have a generation of young people who, for one reason or another, find themselves under extraordinary stress and strain. This manifests itself in communities throughout the country, unfortunately, with one tragedy after another wreaked upon families and friends on a daily and weekly basis. This is not just important: we must prepare young people for life rather than just for exams. Mental health and coping skills should be part of the curriculum of the new junior certificate cycle. It is important that nobody leaves school without being able to read and write but neither should anybody leave school without knowing how to drive a car properly, swim and prepare three basic meals. These are the fundamental life skills that would give a good foundation to young people leaving school.

There is a matter that the Cathaoirleach raised repeatedly in good faith and with conviction. I second the proposal by Senator Ó Domhnaill that we call on the Minister for Transport, Tourism and Sport, Deputy Varadkar, to initiate an immediate investigation into what happened at the pilot training school in Waterford. The cadet pilots were informed yesterday by the liquidator that they will not get one penny back of the €80,000 they invested in their careers and education. I do not wish to impugn anybody's reputation and we want to give fair call to people but it seems mysterious that a new company magically mushroomed overnight within hours of the previous company being put into liquidation. We must hear from the Irish Aviation Authority and the Minister whether any of the principals who were involved in the debacle of the Waterford school are involved in the new training school and if any of the same investors are involved there. If it had any hand, act or part in the previous school it should not get a licence to operate. Injustice has been visited on these young cadet pilots and anybody responsible should not be allowed to walk away from the wreckage and start afresh the next day.

I thank Senator O'Keeffe for her kind words. They were unnecessary but very nice.

I do not think she mentioned the Senator.

I think she did. I wish both her and Senator Hayden very well. I cannot leave my esteemed opposite number out of this because he is an absolute gentleman.

May happy relations long continue. It is delightful to hear Senator Darragh O'Brien state that Balbriggan's need is beyond doubt and therefore there is no argument about it. However, the Senator is being unnecessarily pernickety about the site. It is obvious the Minister, Deputy Reilly, has no personal gain or interest in this matter.

On a point of order and to clarify the record, I never stated the Minister had an interest in it. All I did was question why we are not-----

Senator Paul Coghlan, without interruption, although the Senator is being provocative.

I accept what Senator Darragh O'Brien said.

Does the Senator have a question for the Leader?

No. We should all butt out of this and allow the health people to get on with it, which is what the Minister wants to do.

Is that what the Minister said to Deputy Róisín Shortall?

We should not get into arguments about this. We do not need a confidence debate in this House. The Minister is a Member of the other House which has dealt with the issue. That is all I have to say.

Over the years we have heard some heartbreaking stories of vulnerable people, generally elderly and trusting people who have lost their life savings as the result of one fraud or another. In recent times I have noted the number of e-mails that come from various parts of the world, telling us there are large sums of money awaiting us if only we provide details to those concerned. This has been happening for some time but recently I noticed the mails have become exceptionally sophisticated in their layout. There is not just one of them; they are arriving in numbers and it is obvious there is an international grouping working on this. Most of us throw them in the wastepaper basket or may pass them to the Garda but I am a little worried there may be people who find themselves tempted by these types of messages. I received one recently and did not reply to it but then got a further mail telling me my €2 million had arrived in Kentucky and cannot be released until I provide my details. Needless to say, I did not do that but I am worried about this situation. We should bring this to the notice of the Garda, obviously, but it would also be well worth while having a discussion in this House. While most of us would laugh off this type of e-mail I remain convinced these letters would not come unless they are successful in certain cases. The worst thing that can happen is that details of that nature would be passed on to these international fraudsters, which is what they are. Will the Leader find time, not specifically for this topic, but for fraudulent activities in general? I would not like there to be heartbreaking stories again, in this age, particularly of elderly people who lose their life savings.

I, too, agree with colleagues regarding the mortgage interest rate increase in AIB although I would go further and say Government-appointed directors were asleep at the wheel. They should consider their position. They are there a long time, having been appointed in the dying days of the previous Government, and are not serving the public interest.

It would be preferable if they could come before this House to explain themselves. The public do not have confidence in AIB and neither do I. That institution must do a better job, as it is predominantly a State-run bank. In the light of the amount of taxpayers' money that has been invested in it, it has a responsibility and a clear role to play in getting the country back on track.

I take the opportunity to welcome, in advance, the announcement due to be made at 2 p.m. of a radical overhaul of the junior certificate programme. I have always believed it is mad to put young people aged between 13 and 15 years through the type of examination process which obtains at junior cycle level. A system of continuous assessment is required. I do not believe in the notion of regurgitating certain information just for the sake of obtaining a particular grade in an examination. I would prepare young people to be able to engage in critical analysis and also to be in a position to interpret information properly. These are important life skills which will stand young people in good stead in the future. I agree with the sentiments expressed by previous speakers on mental health issues and physical education. I would go further and state I am not completely comfortable with the notion of the Irish education system becoming Americanised. There may be a lot wrong with the education system, but there is also a great dealt that is right with it. We produce some of the best qualified and world renowned scientists, engineers, computer experts, etc. However, an education system must evolve continually and in a reflective way. It would be far better if we proceeded with a process of continuous assessment within the education system. I look forward to the Minister for Education and Skills outlining his plans in detail at 2 p.m. Let us hope the type of thinking that has been engaged in with regard to the junior certificate will also be brought to bear in reforming the leaving certificate programme.

The Department of Social Protection is phasing out PPS numbers which have a second letter - W - at the end. Such numbers were allocated to females in the past. Certain females who registered for PPS numbers prior to 2000 were allocated the same numbers as their husbands, with the letter "W" included at the end. These numbers are being phased out in certain circumstances. For example, in instances where a husband is deceased, a divorce or separation has occurred, or where there is a pre-1979 consideration, new numbers must be provided. When those affected receive new numbers, they are required to download and complete a form and return it to the Revenue Commissioners in order to notify them that their numbers have been changed. Some women came to my constituency office in Carrick-on-Suir in the past week and indicated that when they handed in their existing identity cards and tried to claim carer's allowance, they were informed that they had disappeared from the system and that their previous PPS numbers were no longer valid. Furthermore, they were informed that their old cards were being withdrawn, even though their new ones had yet not issued. This matter has been handled badly. Those in receipt of carer's allowance have already been affected and when those with medical cards seek to renew them, they will be informed their PPS numbers are no longer in use. This is because the onus will be on them to notify the medical card section of the HSE of their new numbers. In addition, their tax affairs will no longer be in order. Given that the change affects people registered pre-1979, the majority of those involved are elderly females. Many of the women concerned are not computer literate and not able to download from the Department's website the form necessary to inform Revenue that they have been issued with new PPS numbers. As a result of what has happened, payments have been withheld. I was visited by individuals earlier in the week who had been obliged to go to their community welfare officers in order to obtain payment.

Is the Senator calling for a debate on this matter?

I am calling on the Minister for Social Protection to wake up to what is happening, conduct an awareness campaign in respect of this matter and send proper information to those who are going to be affected prior to their PPS numbers being changed. If this does not happen, I will be obliged to raise the matter on the Adjournment.

Last night the US State Department expressed its concern to the Government of Bahrain regarding the fact that the appeal of the Bahraini medical staff had been rejected and that these individuals, some of whom have been given very lengthy sentences, had been reincarcerated. As Members will be aware - I am grateful to them for this - last year the House unanimously passed a resolution asking the Minister for Foreign Affairs and Trade to clarify this matter with the Government of Bahrain. In addition, Senator Averil Power was a member of the delegation of Irish factfinders who travelled to Bahrain last year to try to ascertain what was taking place. This matter was in abeyance for some time as a result of the appeals process, but the final appeal has now been held and some of the staff involved are facing prison terms of as much as ten or 15 years. There is a body of opinion which states the only crime they committed was performing their professionally mandated duties to care for people who were victims of the disturbances taking place in Bahrain at the time. I ask the Leader to communicate our concerns to the Tánaiste and Minister for Foreign Affairs and Trade and ask him whether he has had an opportunity to pursue this matter further since it was originally raised.

I am not certain whether I wish to ask for a debate or clarification in respect of a particular matter. I refer to an issue which has been of great concern to me for some time, namely, the amount of money spent on public relations contracts at all levels - from hospitals up to the Minister - within the health service. No public money should be spent on public relations. The role of public relations consultants is not to foster communication, rather it is to engage in an attorney-client style relationship with the person or entity that pays them and to make that person or entity look good. People in all parts of the public service should be in a position to stand on and speak for their own records. Senior civil servants in the Department of Health, senior HSE officials and senior consultants should, in rotation, be obliged to make themselves available to discuss publicly what is happening in their areas of expertise. One of the medical journalists in this country whom I respect the most has been banging his head against a stone wall in trying to obtain figures from individual hospitals. The catch-22 with which one is faced when one contacts a hospital to ask about the nature of its public relations contract is that the person to whom one speaks is the public relations consultant for that hospital. These individuals are not very forthright in volunteering the information one requires.

I know it may take some time to obtain it, but will the Leader inquire if the Minister will provide itemised information on the total amount spent on external public relations contracts and internal press relations and public relations officers by the Department of Health, the HSE and the various quangos, particularly the National Cancer Control Programme and the Health Information Quality Authority? It is apparent that every one of the hospitals has an external public relations contract. There are public relations companies which are billing these hospitals for their services at a time when waiting lists are lengthening and staff numbers have been frozen. I was horrified to discover yesterday, even though a doctor and a nurse have been appointed to run the national rare diseases metabolic programme for adults - it is based in the Mater Hospital and run in conjunction with Temple Street Children's University Hospital - that a secretary could not be hired as a result of the embargo on recruitment in the public service. This is madness. I will bet that both hospitals are paying public relations consultants. This matter which is part of a larger problem relating to management consultants tends to be ignored. What is happening in respect of public relations is real, finite, quantifiable and wrong. If the Leader could discover what is going on, I would be extremely grateful.

I accept that Members have valid points to make, but there is a need for them to be brief and not make speeches when contributing on the Order of Business, particularly as the Cathaoirleach or whomever is in the Chair can be put under pressure with regard to time overruns.

I echo the sentiments expressed by previous speakers in respect of mortgage arrears. The generation of which I am a member is the one which has been very much affected by the crisis relating to negative equity, mortgage arrears, etc. The most recent hike in mortgage interest rates on the part of AIB is very unwelcome. AIB is more willing to interact with mortgage holders than was previously the case, but, as Senator Aideen Hayden stated, the process in this regard tends to last for one year or two. One is obliged to wonder whether this relates to a need to massage the figures and statistics for overdrafts, etc. - to make it appear that banks are lending when they are not - rather than achieving real outcomes. I join previous speakers in asking that not the Minister for Finance but rather representatives of the banks come before the House to discuss this matter. On previous occasions, people from outside have addressed the House. Given that the State practically owns AIB, senior management from that institution should be brought before us to explain how they are handling the situation relating to mortgage arrears.

I note the very sensible and inspirational words uttered in the Dáil by Mr. Martin Schulz, President of the European Parliament.

He spoke about the importance of the Heads of State honouring their agreement that sovereign and bank debt be separated. He stated clearly that unless that happened, the citizens of Europe would lose trust in the Union. We need to stand firmly behind this view. I am delighted with his showing of common sense because the people are feeling this also.

I welcome the proposals made by the Minister for Education and Skills for reform of the junior certificate programme. They are radical and represent a significant shift in mindset. The Minister proposes to introduce a new national standardised testing system in second year to assess literacy and numeracy levels; a school-based assessment, with teachers marking students; and provide for the issuing of a school certificate instead of a State junior certificate. If this new radical approach improves student learning, I am all for it. If it improves how students think, if they are taught to be thinkers, instead of how to regurgitate information, that will be good. I ask the Leader to invite the Minister to the House to discuss these reforms. How can we reassure parents and students about the standards applicable to teachers and schools? Unless this is successful, the credibility of the system will fall apart. They are new and significant reforms, but we must ensure we maintain the good while embracing the new.

The Leader of the Opposition, Senator Darragh O'Brien, asked about AIB and the interest rate increases. I agree that they are regrettable. AIB maintains that the rate of 4% is the lowest in the market, but this is of little consolation to those who will pay at the increased rate. On 3 July the House had a comprehensive debate on the issues of mortgage arrears, banking and the economy in the presence of the Minister for Finance, Deputy Michael Noonan. On that occasion Senator Thomas Byrne described the Minister's presence in the House as unfortunate and said he would be employed better in dealing with the Insolvency Bill and other legislation-----

He must have been having a bad day.

He has had another one.

That commentary at the conclusion of what was a full and informative debate did nothing to encourage Ministers to come to the House. However, I will inquire from the Minister for Finance whether he will return to address the same problem.

I note the Senator's point about the situation in Balbriggan and the fact that a site was available since 2002. I will also bring the matter of Castlelands to the attention of the Minister for Health. As Senator Mark MacSharry said to the Minister last week or the week before, he should get on with his job and deliver the necessary reforms. That is what he will do.

The Leader's research office is working overtime today.

Senators have asked questions about health issues. The Minister for Health will be in the House next week for the debate on the Health Service Executive (Governance) Bill and the questions raised could be addressed by way of amendments on Committee Stage. I ask Members to examine aspects such as the new accountancy procedures in the HSE and submit amendments to elicit details about financial matters in the executive. I am sure the Minister will be here for Committee Stage of the Bill which is part of the process of reform and that he will continue to reform the system.

Senator Jim D'Arcy and several other Members asked about the reform of the junior certificate programme. When the Minister for Education and Skills was in the House, he dealt with that subject. There have been requests for him to answer questions on several education issues, including third level education. He will be here on 23 October as part of the pre-budget process and will deal with education issues then. There will be ample time for questions from Senators on such matters as reform of the junior certificate programme.

Senator Trevor Ó Clochartaigh recited a long list of negative aspects of the health service.

Does the Leader dispute them?

To coin a phrase used by Fianna Fáil, " A lot done, more to do". I agree with the Senator that waiting times to be seen by consultants are unacceptable and the Minister agrees. I have asked him to highlight the point about the number of patients who do not attend for their appointments with consultants. I checked the figures for Waterford Regional Hospital. In 2011 a total of 16,000 failed to attend for their appointments. In the year to August, over 9,000 have not attended for their appointments. This means that approximately 25,000 others could have been seen, which would have made a significant dent in hospital waiting lists.

(Interruptions).

I did not interrupt the Senator. I am trying to provide the answers. Senator Colm Burke outlined the facts of the health service, to which many do not want to listen.

Senator Lorraine Higgins called for the provision of credit reports for customers and highlighted the negligence of banks in this regard. I hope she will receive an adequate response from the banking sector to her correspondence.

Senator Sean D. Barrett made some points about the Ombudsman (Amendment) Bill which he can raise on Committee Stage later today.

Senator Paul Bradford spoke about a lack of balance in RTE. If he thinks there is a lack of balance, he should pursue the matter with the RTE Authority and I am sure it will be investigated.

Senators Brian Ó Domhnaill and John Whelan today and Senator Denis O'Donovan yesterday all raised the question of the pilot training college in Waterford. Senator Denis O'Donovan said he intended to write to the Minister to lay out the points to be made. I encourage Senator Brian Ó Domhnaill to write to the Minister also and will certainly follow up the matter. I ask him to forward me a copy of that correspondence. No one should be allowed to start up a company following the collapse of a previous one.

Senator Labhrás Ó Murchú referred to fraudulent activities on the Internet. We all receive such e-mails. However, if the Senator wants a companion to travel with him to Kentucky to collect the €2 million, I am available. I do not mean to be flippant because it is a problem and people can be hoodwinked in that regard.

The Senator can take in the Kentucky Derby when he is there.

Senator Denis Landy asked about PPS numbers ending with the letter "W". I agree with him that there should be an awareness campaign in that regard. I am sure he will bring the matter to the attention of the Minister, as I will.

In reply to Senator John Crown, we are aware of the result of the appeals on behalf of the Bahraini doctors and it is regrettable that they have not been successful.

As he mentioned, we all signed an all-party motion on this issue. That these doctors have found themselves imprisoned, merely for performing their duties, is absolutely appalling. I will ask the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore, whether there is anything further the Government can do to assist them.

I will raise the issue of expenditure on public relations services in the public service with the Minister. Members might have an opportunity to deal with it on Committee Stage of the Health Service Executive (Governance) Bill 2012.

Senator Catherine Noone called for representatives of the banks to appear before the House to answer questions on the mortgage arrears crisis. I understand they have attended meetings of the relevant committee on several occasions. We should avoid any duplication in the business of the House by bringing them before us as well. The committee is the correct forum for that engagement.

Senator Fidelma Healy Eames referred to negotiations in the eurozone regarding a deal on bank debt. We all welcome the statement by the President of the Commission, Mr. Barroso, in that regard and I hope we will have good news on this front in the near future. I also note the Senator's comments in regard to the proposed reform of the junior certificate cycle.

Will the Leader indicate when the privacy Bill will be taken?

There is no intention of taking the privacy Bill in this session.

It is a private matter.

Is the Order of Business agreed to?

On a point of order-----

Is the Senator raising a genuine point of order or is he merely dissatisfied with the Leader's response?

It is a point of order. Calls were made on the Order of Business for a motion of no confidence in the Minister for Health. The Leader indicated that we would have an opportunity to raise particular concerns when the Minister came to the House for a debate on a particular item of legislation. Will it be possible to table a motion of no confidence during that debate or as an amendment to the Bill?

I am not in a position to respond to the Senator's query. The Leader has given his response but the Senator may raise the matter on a future Order of Business if he so wishes.

Order of Business agreed to.
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